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diff --git a/old/56035-0.txt b/old/56035-0.txt deleted file mode 100644 index 1ce294f..0000000 --- a/old/56035-0.txt +++ /dev/null @@ -1,24449 +0,0 @@ -The Project Gutenberg EBook of The Writings of Thomas Jefferson, Vol. VII. -(of 9), by Thomas Jefferson - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: The Writings of Thomas Jefferson, Vol. VII. (of 9) - Being His Autobiography, Correspondence, Reports, Messages, - Addresses, and Other Writings, Official and Private - -Author: Thomas Jefferson - -Editor: H. A. Washington - -Release Date: November 23, 2017 [EBook #56035] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK WRITINGS OF THOMAS JEFFERSON, VOL 7 *** - - - - -Produced by David Edwards, Melissa McDaniel, and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive) - - - - - - -Transcriber's Note: - - Inconsistent hyphenation and spelling in the original document have - been preserved. Obvious typographical errors have been corrected. - - Italic text is denoted by _underscores_. - - The [bracketed] footnotes are as in the original. - - Inconsistent or incorrect accents and spelling in passages in French, - Latin and Italian have been left unchanged. - - ς (final form sigma) in the middle of a word has been normalized to σ. - Greek diacritics were normalized to be all present or all missing, - according to their preponderance in the quotation. - - The paragraph starting "Page 2, column 2" has an unmatched quote. - - The following possible inconsistencies/printer errors/archaic - spellings/different names for different entities were identified - but left as printed: - - Vanderkemp and Vander Kemp - - Potomac and Patomac - - Postlethwayte and Postlethwaite - - Mecklenburg and Mecklenberg - - ascendancy and ascendency. - - On page 33, Molliores Spsyke should possibly be Moliére's Psyché. - - On page 52, multnomat should possibly be Multnomat. - - On page 181, Universary should possibly be University. - - On page 192, sculk should possibly be skulk. - - On page 537, the price of the Algerine captives is stated as "$34,79,228,", - which is probably a printer's error. - - On page 546, termometer should possibly be thermometer. - - - - - - THE - WRITINGS - OF - THOMAS JEFFERSON: - BEING HIS - AUTOBIOGRAPHY, CORRESPONDENCE, REPORTS, MESSAGES, - ADDRESSES, AND OTHER WRITINGS, OFFICIAL - AND PRIVATE. - - PUBLISHED BY THE ORDER OF THE JOINT COMMITTEE OF CONGRESS ON THE - LIBRARY, FROM THE ORIGINAL MANUSCRIPTS, - DEPOSITED IN THE DEPARTMENT OF STATE. - - WITH EXPLANATORY NOTES, TABLES OF CONTENTS, AND A COPIOUS INDEX - TO EACH VOLUME, AS WELL AS A GENERAL INDEX TO THE WHOLE, - BY THE EDITOR - H. A. WASHINGTON. - - VOL. VII. - - NEW YORK: - H. W. DERBY, 625 BROADWAY. - 1861. - - - - - Entered, according to Act of Congress, in the year 1853, by - TAYLOR & MAURY, - In the Clerk's Office of the District Court for the District of - Columbia. - - - - -CONTENTS TO VOL. VII. - - - - - BOOK II. - - PART III.--CONTINUED.--LETTERS WRITTEN AFTER HIS RETURN TO THE UNITED - STATES DOWN TO THE TIME OF HIS DEATH.--(1790-1826,)--3. - - - Adams, John, letters written to, 25, 37, 43, 54, 61, 81, 199, 217, - 243, 254, 264, 274, 280, 307, 313, 337, 435. - - Adams, Mrs. A., letter written to, 52. - - Adams, J. Q., letter written to, 436. - - - Barry, Wm. T., letter written to, 255. - - Blatchly, C. C., letter written to, 263. - - Breckenridge, General, letters written to, 204, 237. - - - Cabell, Joseph C., letters written to, 201, 329, 350, 392. - - Campbell, John, letter written to, 268. - - Cartwright, Major John, letter written to, 355. - - Cooper, Dr., letter written to, 266. - - Corey, M., letter written to, 318. - - Crawford, Wm. H., letter written to, 5. - - - Dearborne, General, letter written to, 214. - - Delaplaine, Mr., letter written to, 20. - - Denison, Hon. J. Evelyn, letter written to, 415. - - - Earle, Thomas, letter written to, 310. - - Emmet, Dr., letters written to, 438, 441. - - Engelbrecht, Isaac, letter written to, 337. - - Eppes, Francis, letter written to, 197. - - Everett, Edward, letters written to, 232, 270, 340, 380, 437. - - - Flower, George, letter written to, 83. - - - Gallatin, Albert, letter written to, 77. - - Garnett, Robert J., letter written to, 336. - - Giles, Wm. B., letters written to, 424, 426. - - Gilmer, Francis W., letter written to, 3. - - Gooch, Claiborne W., letter written to, 430. - - - Hammond, Mr. C., letter written to, 215. - - Harding, David H., letter written to, 346. - - Hopkins, George F., letter written to, 259. - - Humboldt, Baron, letter written to, 74. - - Humphreys, Dr. Thomas, letter written to, 57. - - - Johnson, Judge, letters written to, 276, 290. - - - Kerchival, Samuel, letters written to, 9, 35. - - - La Fayette, Marquis de, letters written to, 65, 324, 378. - - Lee, H., letters written to, 376, 407. - - Lee, Wm., letter written to, 56. - - Livingston, Edward, letters written to, 342, 402. - - Logan, Dr., letter written to, 19. - - Ludlow, Wm., letter written to, 377. - - - Macon, Nathaniel, letter written to, 222. - - Madison, James, letters written to, 304, 373, 422, 432. - - Manners, Dr. John, letter written to, 72. - - Mansfield, Jared, letter written to, 203. - - Marbois, M. de, letter written to, 76. - - Mease, Dr. James, letter written to, 410. - - Megan, Mr., letter written to, 286. - - Mellish, Mr., letter written to, 51. - - Morse, Jedediah, letter written to, 233. - - - Nicholas, Mr., letter written to, 229. - - - Pickering, Timothy, letter written to, 210. - - Pleasants, John Hampden, letter written to, 344. - - Plumer, Governor, letter written to, 18. - - President, The, letters written to, 287, 299, 315. - - - Ritchie & Gooch, letters written to, 239, 246. - - Roane, Judge, letters written to, 211, 212. - - Rodgers, Patrick K., letter written to, 327. - - Roscoe, Mr., letter written to, 195. - - Rush Richard, letters written to, 347, 379. - - - Secretary of State, letter written to, 41. - - Short, Wm., letters written to, 309, 389. - - Sinclair, St. John, letter written to, 22. - - Skidman, Thomas, letter written to, 258. - - Smith, Mr. M. Harrison, letter written to, 27. - - Smith, James, letter written to, 269. - - Smith, General Samuel, letters written to, 284. - - Smith, T. J., letter written to, 401. - - Smyth, General Alexander, letter written to, 394. - - Sparks, Jared, letter written to, 332. - - Stuart, Josephus B., letter written to, 64. - - Summers, George W., &c., letter written to, 230. - - - Taylor, John, letter written to, 17. - - Taylor, Hugh P., letter written to, 2. - - Terrel, Dabney, letter written to, 206. - - Terril, Chiles, letter written to, 260. - - Thweat, Archibald, letters written to, 198. - - Tiffany, Isaac H., letter written to, 31. - - Ticknor, George, letter written to, 300. - - - Van Buren, Martin, letter written to, 362. - - Vaughan, John, letter written to, 409. - - - Waterhouse, Dr. Benjamin, letters written to, 252, 257. - - Weightman, Mr., letter written to, 450. - - Whittemore, Mr. Robert, letter written to, 245. - - Wiss, Lewis M., letter written to, 419. - - Woodward, Mr., letter written to, 338. - - Woodward, Judge Augustus B., letter written to, 405. - - Wright, Miss, letter written to, 408. - - - Address lost, letters written to, 220, 223, 383, 397, 411, 425, - 431, 444. - - - Letters to Thomas Jefferson from John Adams, 29, 38, 47, 58, 68, - 70, 85, 219, 261, 279, 302, 396. - - - BOOK III.--PART I. - - REPORTS AND OPINIONS WHILE SECRETARY OF STATE. - - 1. Report on the method of obtaining fresh water from salt, 455. - - 2. Opinion on the proposition for establishing a woollen manufactory - in Virginia, 460. - - 3. Report on copper coinage, 462. - - 4. Opinion on the question whether the Senate has the right to - negative the _grade_ of persons appointed by the Executive to fill - foreign missions, 465. - - 5. Opinion on the validity of a grant made by the State of Georgia - to certain companies of individuals, of a tract of country, whereof - the Indian right had never been extinguished, with power to such - individuals to extinguish the Indian right, 467. - - 6. Opinion in favor of the Resolution of May 21, 1790, directing - that, in all cases where payment had not been already made, the - debts due to the soldiers of Virginia and North Carolina, should - be paid to the original claimants, and not to their assignees, 469. - - 7. Report on plan for establishing uniformity in the coins, weights - and measures, of the United States, 472. - - 8. Opinion on the question whether the President should veto the - bill, declaring that the seat of government shall be transferred - to the Potomac in the year 1790, 498. - - 9. Opinion respecting expenses and salaries of foreign ministers, - 501. - - 10. Opinion in regard to the continuances of the monopoly of the - commerce of the Creek nation enjoyed by Colonel McGillivray, 504. - - 11. Opinion respecting our foreign debt, 506. - - 12. Opinion on the question whether Lord Dorchester should be - permitted to march troops through the territories of United States - from Detroit to the Mississippi, 508. - - 13. Opinion on the question whether the real object of the expedition - of Governor St. Clair, should be notified to Lord Dorchester, 510. - - 14. Opinion on the proceedings to be had under the Residence Act, - 511. - - 15. Report of the Secretary of State to the President of the United - States on the Report of the Secretary of the Government of the - North-West of the Ohio, 513. - - 16. Opinion on certain proceedings of the Executive in the - North-Western Territory, 515. - - 17. Report on certain letters between the President and Governeur - Morris, relative to our difficulties with England, 517. - - 18. Report on the Mediterranean trade, 519. - - 19. Report on the Algerine prisoners, 532. - - 20. Report on the cod and whale fisheries, 538. - - 21. Opinion against the constitutionality of a National Bank, 555. - - 22. Opinion relative to the ten mile square for the federal - government, 561. - - 23. Report on the policy of securing peculiar marks to manufacturers - by law, 563. - - 24. Opinion relative to the demolition of Mr. Carroll's house by - Major L'Enfant, in laying out the Federal City 564. - - 25. Opinion relative to certain lands on Lake Erie, sold by the U. - States to Pennsylvania, 567. - - 26. Report on the negotiations with Spain to secure the navigation - of the Mississippi, and a port on the same, 568. - - 27. Report on the case of Charles Russell and others, claiming - certain lands, 592. - - 28. Report relative to negotiations at Madrid, 593. - - 29. Opinion on bill apportioning representation, 594. - - 30. Opinion relative to the re-capture of slaves, escaped to Florida, - 601. - - 31. Report on the assays at the mint, 604. - - 32. Report on the petition of John Rodgers relative to certain - lands on the north-east side of the Tennessee, 605. - - 33. Report relative to the boundaries of the lands between the Ohio - and the lakes acquired by treaties from the Indians, 608. - - 34. Report on proceedings of Secretary of State to transfer to - Europe the annual fund of $40,000, appropriated to that department, - 610. - - 35. Opinion on the question whether the United States have the right - to renounce their treaties with France, or hold them suspended, - until the government of that country shall become established, 611. - - 36. Opinion relative to granting passports to American vessels, 624. - - 37. Opinion relative to the case of a British vessel captured by - a French vessel, purchased by French citizens, and fitted out as - a privateer in one of our ports, 626. - - 38. Opinion on the proposition of the Secretary of the Treasury to - open a new loan, 629. - - 39. Opinion relative to the policy of a new loan, 633. - - 40. Report on the restrictions and privileges of the commerce of - the United states in foreign countries, 636. - - 41. Report on the mint, 651. - - - - -PART III.--CONTINUED. - -LETTERS WRITTEN AFTER HIS RETURN TO THE U. S. DOWN TO THE TIME OF HIS -DEATH. - -1790-1826. - - - - -TO FRANCIS W. GILMER. - - MONTICELLO, June 7, 1816. - -DEAR SIR,--I received a few days ago from Mr. Dupont the enclosed -manuscript, with permission to read it, and a request, when read, to -forward it to you, in expectation that you would translate it. It is well -worthy of publication for the instruction of our citizens, being profound, -sound, and short. Our legislators are not sufficiently apprized of the -rightful limits of their power; that their true office is to declare and -enforce only our natural rights and duties, and to take none of them from -us. No man has a natural right to commit aggression on the equal rights -of another; and this is all from which the laws ought to restrain him; -every man is under the natural duty of contributing to the necessities -of the society; and this is all the laws should enforce on him; and, no -man having a natural right to be the judge between himself and another, -it is his natural duty to submit to the umpirage of an impartial third. -When the laws have declared and enforced all this, they have fulfilled -their functions, and the idea is quite unfounded, that on entering into -society we give up any natural right. The trial of every law by one -of these texts, would lessen much the labors of our legislators, and -lighten equally our municipal codes. There is a work of the first order -of merit now in the press at Washington, by Destutt Tracy, on the subject -of political economy, which he brings into the compass of three hundred -pages, octavo. In a preliminary discourse on the origin of the right of -property, he coincides much with the principles of the present manuscript; -but is more developed, more demonstrative. He promises a future work on -morals, in which I lament to see that he will adopt the principles of -Hobbes, or humiliation to human nature; that the sense of justice and -injustice is not derived from our natural organization, but founded on -convention only. I lament this the more, as he is unquestionably the -ablest writer living, on abstract subjects. Assuming the fact, that -the earth has been created in time, and consequently the dogma of final -causes, we yield, of course, to this short syllogism. Man was created -for social intercourse; but social intercourse cannot be maintained -without a sense of justice; then man must have been created with a -sense of justice. There is an error into which most of the speculators -on government have fallen, and which the well-known state of society of -our Indians ought, before now, to have corrected. In their hypothesis -of the origin of government, they suppose it to have commenced in the -patriarchal or monarchical form. Our Indians are evidently in that state -of nature which has passed the association of a single family; and not -yet submitted to the authority of positive laws, or of any acknowledged -magistrate. Every man, with them, is perfectly free to follow his own -inclinations. But if, in doing this, he violates the rights of another, -if the case be slight, he is punished by the disesteem of his society, -or, as we say, by public opinion; if serious, he is tomahawked as a -dangerous enemy. Their leaders conduct them by the influence of their -character only; and they follow, or not, as they please, him of whose -character for wisdom or war they have the highest opinion. Hence the -origin of the parties among them adhering to different leaders, and -governed by their advice, not by their command. The Cherokees, the only -tribe I know to be contemplating the establishment of regular laws, -magistrates, and government, propose a government of representatives, -elected from every town. But of all things, they least think of subjecting -themselves to the will of one man. This, the only instance of actual -fact within our knowledge, will be then a beginning by republican, and -not by patriarchal or monarchical government, as speculative writers -have generally conjectured. - -We have to join in mutual congratulations on the appointment of our -friend Correa, to be minister or envoy of Portugal, here. This, I hope, -will give him to us for life. Nor will it at all interfere with his -botanical rambles or journeys. The government of Portugal is so peaceable -and inoffensive, that it has never any altercations with its friends. -If their minister abroad writes them once a quarter that all is well, -they desire no more. I learn, (though not from Correa himself,) that -he thinks of paying us a visit as soon as he is through his course of -lectures. Not to lose this happiness again by my absence, I have informed -him I shall set out for Poplar Forest the 20th instant, and be back the -first week of July. I wish you and he could concert your movements so -us to meet here, and that you would make this your head quarters. It -is a good central point from which to visit your connections; and you -know our practice of placing our guests at their ease, by showing them -we are so ourselves and that we follow our necessary vocations, instead -of fatiguing them by hanging unremittingly on their shoulders. I salute -you with affectionate esteem and respect. - - -TO WILLIAM H. CRAWFORD. - - MONTICELLO, June 20, 1816. - -DEAR SIR,--I am about to sin against all discretion, and knowingly, by -adding to the drudgery of your letter-reading, this acknowledgment of -the receipt of your favor of May the 31st, with the papers it covered. -I cannot, however, deny myself the gratification of expressing the -satisfaction I have received, not only from the general statement of -affairs at Paris, in yours of December the 12th, 1814. (as a matter -of history which I had not before received.) but most especially and -superlatively, from the perusal of your letter of the 8th of the same -month to Mr. Fisk, on the subject of draw-backs. This most heterogeneous -principle was transplanted into ours from the British system, by a man -whose mind was really powerful, but chained by native partialities to -everything English; who had formed exaggerated ideas of the superior -perfection of the English constitution, the superior wisdom of their -government, and sincerely believed it for the good of this country to -make them their model in everything; without considering that what might -be wise and good for a nation essentially commercial, and entangled in -complicated intercourse with numerous and powerful neighbors, might not -be so for one essentially agricultural, and insulated by nature from -the abusive governments of the old world. - -The exercise, by our own citizens, of so much commerce as may suffice -to exchange our superfluities for our wants, may be advantageous for the -whole. But it does not follow, that with a territory so boundless, it is -the interest of the whole to become a mere city of London, to carry on -the business of one half the world at the expense of eternal war with -the other half. The agricultural capacities of our country constitute -its distinguishing feature; and the adapting our policy and pursuits to -that, is more likely to make us a numerous and happy people, than the -mimicry of an Amsterdam, a Hamburgh, or a city of London. Every society -has a right to fix the fundamental principles of its association, and -to say to all individuals, that, if they contemplate pursuits beyond -the limits of these principles, and involving dangers which the society -chooses to avoid, they must go somewhere else for their exercise; that -we want no citizens, and still less ephemeral and pseudo-citizens, on -such terms. We may exclude them from our territory, as we do persons -infected with disease. Such is the situation of our country. We have most -abundant resources of happiness within ourselves, which we may enjoy -in peace and safety, without permitting a few citizens, infected with -the mania of rambling and gambling, to bring danger on the great mass -engaged in innocent and safe pursuits at home. In your letter to Fisk, -you have fairly stated the alternatives between which we are to choose: 1, -licentious commerce and gambling speculations for a few, with eternal war -for the many; or, 2, restricted commerce, peace, and steady occupations -for all. If any State in the Union will declare that it prefers separation -with the first alternative, to a continuance in union without it, I have -no hesitation in saying, "let us separate." I would rather the States -should withdraw, which are for unlimited commerce and war, and confederate -with those alone which are for peace and agriculture. I know that every -nation in Europe would join in sincere amity with the latter, and hold -the former at arm's length, by jealousies, prohibitions, restrictions, -vexations and war. No earthly consideration could induce my consent to -contract such a debt as England has by her wars for commerce, to reduce -our citizens by taxes to such wretchedness, as that laboring sixteen of -the twenty-four hours, they are still unable to afford themselves bread, -or barely to earn as much oatmeal or potatoes as will keep soul and body -together. And all this to feed the avidity of a few millionary merchants, -and to keep up one thousand ships of war for the protection of their -commercial speculations. I returned from Europe after our government -had got under way, and had adopted from the British code the law of -draw-backs. I early saw its effects in the jealousies and vexations of -Britain; and that, retaining it, we must become like her an essentially -warring nation, and meet, in the end, the catastrophe impending over -her. No one can doubt that this alone produced the orders of council, -the depredations which preceded, and the war which followed them. Had -we carried but our own produce, and brought back but our own wants, no -nation would have troubled us. Our commercial dashers, then, have already -cost us so many thousand lives, so many millions of dollars, more than -their persons and all their commerce were worth. When war was declared, -and especially after Massachusetts, who had produced it, took side with -the enemy waging it, I pressed on some confidential friends in Congress -to avail us of the happy opportunity of repealing the draw-back; and I -do rejoice to find that you are in that sentiment. You are young, and -may be in the way of bringing it into effect. Perhaps time, even yet, -and change of tone, (for there are symptoms of that in Massachusetts,) -may not have obliterated altogether the sense of our late feelings and -sufferings; may not have induced oblivion of the friends we have lost, -the depredations and conflagrations we have suffered, and the debts we -have incurred, and have to labor for through the lives of the present -generation. The earlier the repeal is proposed, the more it will be -befriended by all these recollections and considerations. This is one -of three great measures necessary to insure us permanent prosperity. -This preserves our peace. A second should enable us to meet any war, by -adopting the report of the war department, for placing the force of the -nation at effectual command; and a third should insure resources of money -by the suppression of all paper circulation during peace, and licensing -that of the nation alone during war. The metallic medium of which we -should be possessed at the commencement of a war, would be a sufficient -fund for all the loans we should need through its continuance; and if the -national bills issued, be bottomed (as is indispensable) on pledges of -specific taxes for their redemption within certain and moderate epochs, -and be of proper denominations for circulation, no interest on them -would be necessary or just, because they would answer to every one the -purposes of the metallic money withdrawn and replaced by them. - -But possibly these may be the dreams of an old man, or that the occasions -of realizing them may have passed away without return. A government -regulating itself by what is wise and just for the many, uninfluenced -by the local and selfish views of the few who direct their affairs, has -not been seen perhaps, on earth. Or if it existed, for a moment, at the -birth of ours, it would not be easy to fix the term of its continuance. -Still, I believe it does exist here in a greater degree than anywhere -else; and for its growth and continuance, as well as for your personal -health and happiness, I offer sincere prayers, with the homage of my -respect and esteem. - - -TO SAMUEL KERCHIVAL. - - MONTICELLO, July 12, 1816. - -SIR,--I duly received your favor of June the 13th, with the copy of -the letters on the calling a convention, on which you are pleased to -ask my opinion. I have not been in the habit of mysterious reserve on -any subject, nor of buttoning up my opinions within my own doublet. On -the contrary, while in public service especially, I thought the public -entitled to frankness, and intimately to know whom they employed. But -I am now retired: I resign myself, as a passenger, with confidence to -those at present at the helm, and ask but for rest, peace and good will. -The question you propose, on equal representation, has become a party -one, in which I wish to take no public share. Yet, if it be asked for -your own satisfaction only, and not to be quoted before the public, I -have no motive to withhold it, and the less from you, as it coincides -with your own. At the birth of our republic, I committed that opinion -to the world, in the draught of a constitution annexed to the "Notes -on Virginia," in which a provision was inserted for a representation -permanently equal. The infancy of the subject at that moment, and our -inexperience of self-government, occasioned gross departures in that -draught from genuine republican canons. In truth, the abuses of monarchy -had so much filled all the space of political contemplation, that we -imagined everything republican which was not monarchy. We had not yet -penetrated to the mother principle, that "governments are republican -only in proportion as they embody the will of their people, and execute -it." Hence, our first constitutions had really no leading principles in -them. But experience and reflection have but more and more confirmed me -in the particular importance of the equal representation then proposed. -On that point, then, I am entirely in sentiment with your letters; and -only lament that a copy-right of your pamphlet prevents their appearance -in the newspapers, where alone they would be generally read, and produce -general effect. The present vacancy too, of other matter, would give -them place in every paper, and bring the question home to every man's -conscience. - -But inequality of representation in both Houses of our legislature, is -not the only republican heresy in this first essay of our revolutionary -patriots at forming a constitution. For let it be agreed that a government -is republican in proportion as every member composing it has his equal -voice in the direction of its concerns, (not indeed in person, which -would be impracticable beyond the limits of a city, or small township, -but) by representatives chosen by himself, and responsible to him at -short periods, and let us bring to the test of this canon every branch -of our constitution. - -In the legislature, the House of Representatives is chosen by less than -half the people, and not at all in proportion to those who do choose. -The Senate are still more disproportionate, and for long terms of -irresponsibility. In the Executive, the Governor is entirely independent -of the choice of the people, and of their control; his Council equally -so, and at best but a fifth wheel to a wagon. In the Judiciary, the -judges of the highest courts are dependent on none but themselves. -In England, where judges were named and removable at the will of an -hereditary executive, from which branch most misrule was feared, and has -flowed, it was a great point gained, by fixing them for life, to make -them independent of that executive. But in a government founded on the -public will, this principle operates in an opposite direction, and against -that will. There, too, they were still removable on a concurrence of the -executive and legislative branches. But we have made them independent of -the nation itself. They are irremovable, but by their own body, for any -depravities of conduct, and even by their own body for the imbecilities -of dotage. The justices of the inferior courts are self-chosen, are for -life, and perpetuate their own body in succession forever, so that a -faction once possessing themselves of the bench of a county, can never -be broken up, but hold their county in chains, forever indissoluble. Yet -these justices are the real executive as well as judiciary, in all our -minor and most ordinary concerns. They tax us at will; fill the office of -sheriff, the most important of all the executive officers of the county; -name nearly all our military leaders, which leaders, once named, are -removable but by themselves. The juries, our judges of all fact, and of -law when they choose it, are not selected by the people, nor amenable to -them. They are chosen by an officer named by the court and executive. -Chosen, did I say? Picked up by the sheriff from the loungings of the -court yard, after everything respectable has retired from it. Where then -is our republicanism to be found? Not in our constitution certainly, -but merely in the spirit of our people. That would oblige even a despot -to govern us republicanly. Owing to this spirit, and to nothing in the -form of our constitution, all things have gone well. But this fact, so -triumphantly misquoted by the enemies of reformation, is not the fruit -of our constitution, but has prevailed in spite of it. Our functionaries -have done well, because generally honest men. If any were not so, they -feared to show it. - -But it will be said, it is easier to find faults than to amend them. I -do not think their amendment so difficult as is pretended. Only lay down -true principles, and adhere to them inflexibly. Do not be frightened into -their surrender by the alarms of the timid, or the croakings of wealth -against the ascendency of the people. If experience be called for, appeal -to that of our fifteen or twenty governments for forty years, and show -me where the people have done half the mischief in these forty years, -that a single despot would have done in a single year; or show half the -riots and rebellions, the crimes and the punishments, which have taken -place in any single nation, under kingly government, during the same -period. The true foundation of republican government is the equal right -of every citizen, in his person and property, and in their management. -Try by this, as a tally, every provision of our constitution, and see -if it hangs directly on the will of the people. Reduce your legislature -to a convenient number for full, but orderly discussion. Let every man -who fights or pays, exercise his just and equal right in their election. -Submit them to approbation or rejection at short intervals. Let the -executive be chosen in the same way, and for the same term, by those -whose agent he is to be; and leave no screen of a council behind which -to skulk from responsibility. It has been thought that the people are -not competent electors of judges _learned in the law_. But I do not know -that this is true, and, if doubtful, we should follow principle. In this, -as in many other elections, they would be guided by reputation, which -would not err oftener, perhaps, than the present mode of appointment. In -one State of the Union, at least, it has long been tried, and with the -most satisfactory success. The judges of Connecticut have been chosen -by the people every six months, for nearly two centuries, and I believe -there has hardly ever been an instance of change; so powerful is the -curb of incessant responsibility. If prejudice, however, derived from a -monarchical institution, is still to prevail against the vital elective -principle of our own, and if the existing example among ourselves of -periodical election of judges by the people be still mistrusted, let us at -least not adopt the evil, and reject the good, of the English precedent; -let us retain amovability on the concurrence of the executive and -legislative branches, and nomination by the executive alone. Nomination -to office is an executive function. To give it to the legislature, as -we do, is a violation of the principle of the separation of powers. -It swerves the members from correctness, by temptations to intrigue -for office themselves, and to a corrupt barter of votes; and destroys -responsibility by dividing it among a multitude. By leaving nomination -in its proper place, among executive functions, the principle of the -distribution of power is preserved, and responsibility weighs with its -heaviest force on a single head. - -The organization of our county administrations may be thought more -difficult. But follow principle, and the knot unties itself. Divide the -counties into wards of such size as that every citizen can attend, when -called on, and act in person. Ascribe to them the government of their -wards in all things relating to themselves exclusively. A justice, chosen -by themselves, in each, a constable, a military company, a patrol, a -school, the care of their own poor, their own portion of the public -roads, the choice of one or more jurors to serve in some court, and the -delivery, within their own wards, of their own votes for all elective -officers of higher sphere, will relieve the county administration of -nearly all its business, will have it better done, and by making every -citizen an acting member of the government, and in the offices nearest -and most interesting to him, will attach him by his strongest feelings -to the independence of his country, and its republican constitution. The -justices thus chosen by every ward, would constitute the county court, -would do its judiciary business, direct roads and bridges, levy county -and poor rates, and administer all the matters of common interest to -the whole country. These wards, called townships in New England, are -the vital principle of their governments, and have proved themselves -the wisest invention ever devised by the wit of man for the perfect -exercise of self-government, and for its preservation. We should thus -marshal our government into, 1, the general federal republic, for all -concerns foreign and federal; 2, that of the State, for what relates to -our own citizens exclusively; 3, the county republics, for the duties -and concerns of the county; and 4, the ward republics, for the small, -and yet numerous and interesting concerns of the neighborhood; and in -government, as well as in every other business of life, it is by division -and subdivision of duties alone, that all matters, great and small, can -be managed to perfection. And the whole is cemented by giving to every -citizen, personally, a part in the administration of the public affairs. - -The sum of these amendments is, 1. General suffrage. 2. Equal -representation in the legislature. 3. An executive chosen by the people. -4. Judges elective or amovable. 5. Justices, jurors, and sheriffs -elective. 6. Ward divisions. And 7. Periodical amendments of the -constitution. - -I have thrown out these as loose heads of amendment, for consideration -and correction; and their object is to secure self-government by the -republicanism of our constitution, as well as by the spirit of the -people; and to nourish and perpetuate that spirit. I am not among those -who fear the people. They, and not the rich, are our dependence for -continued freedom. And to preserve their independence, we must not let -our rulers load us with perpetual debt. We must make our election between -_economy and liberty_, or _profusion and servitude_. If we run into -such debts, as that we must be taxed in our meat and in our drink, in -our necessaries and our comforts, in our labors and our amusements, for -our callings and our creeds, as the people of England are, our people, -like them, must come to labor sixteen hours in the twenty-four, give -the earnings of fifteen of these to the government for their debts and -daily expenses: and the sixteenth being insufficient to afford us bread, -we must live, as they now do, on oatmeal and potatoes; have no time to -think, no means of calling the mismanagers to account; but be glad to -obtain subsistence by hiring ourselves to rivet their chains on the necks -of our fellow-sufferers. Our land-holders, too, like theirs, retaining -indeed the title and stewardship of estates called theirs, but held -really in trust for the treasury, must wander, like theirs, in foreign -countries, and be contented with penury, obscurity, exile, and the glory -of the nation. This example reads to us the salutary lesson, that private -fortunes are destroyed by public as well as by private extravagance. -And this is the tendency of all human governments. A departure from -principle in one instance becomes a precedent for a second; that second -for a third; and so on, till the bulk of the society is reduced to be -mere automatons of misery, to have no sensibilities left but for sinning -and suffering. Then begins, indeed, the _bellum omnium in omnia_, which -some philosophers observing to be so general in this world, have mistaken -it for the natural, instead of the abusive state of man. And the fore -horse of this frightful team is public debt. Taxation follows that, and -in its train wretchedness and oppression. - -Some men look at constitutions with sanctimonious reverence, and deem -them like the ark of the covenant, too sacred to be touched. They ascribe -to the men of the preceding age a wisdom more than human, and suppose -what they did to be beyond amendment. I knew that age well; I belonged -to it, and labored with it. It deserved well of its country. It was very -like the present, but without the experience of the present; and forty -years of experience in government is worth a century of book-reading; and -this they would say themselves, were they to rise from the dead. I am -certainly not an advocate for frequent and untried changes in laws and -constitutions. I think moderate imperfections had better be borne with; -because, when once known, we accommodate ourselves to them, and find -practical means of correcting their ill effects. But I know also, that -laws and institutions must go hand in hand with the progress of the human -mind. As that becomes more developed, more enlightened, as new discoveries -are made, new truths disclosed, and manners and opinions change with the -change of circumstances, institutions must advance also, and keep pace -with the times. We might as well require a man to wear still the coat -which fitted him when a boy, as civilized society to remain ever under the -regimen of their barbarous ancestors. It is this preposterous idea which -has lately deluged Europe in blood. Their monarchs, instead of wisely -yielding to the gradual change of circumstances, of favoring progressive -accommodation to progressive improvement, have clung to old abuses, -entrenched themselves behind steady habits, and obliged their subjects to -seek through blood and violence rash and ruinous innovations, which, had -they been referred to the peaceful deliberations and collected wisdom of -the nation, would have been put into acceptable and salutary forms. Let -us follow no such examples, nor weakly believe that one generation is -not as capable as another of taking care of itself, and of ordering its -own affairs. Let us, as our sister States have done, avail ourselves of -our reason and experience, to correct the crude essays of our first and -unexperienced, although wise, virtuous, and well-meaning councils. And -lastly, let us provide in our constitution for its revision at stated -periods. What these periods should be, nature herself indicates. By the -European tables of mortality, of the adults living at any one moment of -time, a majority will be dead in about nineteen years. At the end of that -period then, a new majority is come into place; or, in other words, a new -generation. Each generation is as independent of the one preceding, as -that was of all which had gone before. It has then, like them, a right -to choose for itself the form of government it believes most promotive -of its own happiness; consequently, to accommodate to the circumstances -in which it finds itself, that received from its predecessors; and -it is for the peace and good of mankind, that a solemn opportunity of -doing this every nineteen or twenty years, should be provided by the -constitution; so that it may be handed on, with periodical repairs, from -generation to generation, to the end of time, if anything human can so -long endure. It is now forty years since the constitution of Virginia was -formed. The same tables inform us, that, within that period, two-thirds -of the adults then living are now dead. Have then the remaining third, -even if they had the wish, the right to hold in obedience to their -will, and to laws heretofore made by them, the other two-thirds, who, -with themselves, compose the present mass of adults? If they have not, -who has? The dead? But the dead have no rights. They are nothing; and -nothing cannot own something. Where there is no substance, there can -be no accident. This corporeal globe, and everything upon it, belong -to its present corporeal inhabitants, during their generation. They -alone have a right to direct what is the concern of themselves alone, -and to declare the law of that direction; and this declaration can only -be made by their majority. That majority, then, has a right to depute -representatives to a convention, and to make the constitution what they -think will be the best for themselves. But how collect their voice? This -is the real difficulty. If invited by private authority, or county or -district meetings, these divisions are so large that few will attend; -and their voice will be imperfectly, or falsely pronounced. Here, then, -would be one of the advantages of the ward divisions I have proposed. -The mayor of every ward, on a question like the present, would call his -ward together, take the simple yea or nay of its members, convey these -to the county court, who would hand on those of all its wards to the -proper general authority; and the voice of the whole people would be -thus fairly, fully, and peaceably expressed, discussed, and decided by -the common reason of the society. If this avenue be shut to the call of -sufferance, it will make itself heard through that of force, and we shall -go on, as other nations are doing, in the endless circle of oppression, -rebellion, reformation; and oppression, rebellion, reformation, again; -and so on forever. - -These, Sir, are my opinions of the governments we see among men, and of -the principles by which alone we may prevent our own from falling into -the same dreadful track. I have given them at greater length than your -letter called for. But I cannot say things by halves; and I confide them -to your honor, so to use them as to preserve me from the gridiron of the -public papers. If you shall approve and enforce them, as you have done -that of equal representation, they may do some good. If not, keep them -to yourself as the effusions of withered age and useless time. I shall, -with not the less truth, assure you of my great respect and consideration. - - -TO JOHN TAYLOR. - - MONTICELLO, July 16, 1816. - -DEAR SIR,--Yours of the 10th is received, and I have to acknowledge a -copious supply of the turnip seed requested. Besides taking care myself, I -shall endeavor again to commit it to the depository of the neighborhood, -generally found to be the best precaution against losing a good thing. I -will add a word on the political part of our letters. I believe we do not -differ on either of the points you suppose. On education certainly not; -of which the proofs are my bill for the diffusion of knowledge, proposed -near forty years ago, and my uniform endeavors, to this day, to get our -counties divided into wards, one of the principal objects of which is, -the establishment of a primary school in each. But education not being a -branch of municipal government, but, like the other arts and sciences, -an accident only, I did not place it, with election, as a fundamental -member in the structure of government. Nor, I believe, do we differ as -to the county courts. I acknowledge the value of this institution; that -it is in truth our principal executive and judiciary, and that it does -much for little _pecuniary_ reward. It is their self-appointment I wish -to correct; to find some means of breaking up a cabal, when such a one -gets possession of the bench. When this takes place, it becomes the most -afflicting of tyrannies, because its powers are so various, and exercised -on everything most immediately around us. And how many instances have -you and I known of these monopolies of county administration? I knew a -county in which a particular family (a numerous one) got possession of the -bench, and for a whole generation never admitted a man on it who was not -of its clan or connexion. I know a county now of one thousand and five -hundred militia, of which sixty are federalists. Its court is of thirty -members, of whom twenty are federalists, (every third man of the sect.) -There are large and populous districts in it without a justice, because -without a federalist for appointment; the militia are as disproportionably -under federal officers. And there is no authority on earth which can -break up this junto, short of a general convention. The remaining one -thousand four hundred and forty, free, fighting, and paying citizens, -are governed by men neither of their choice or confidence, and without -a hope of relief. They are certainly excluded from the blessings of a -free government for life, and indefinitely, for aught the constitution -has provided. This solecism may be called anything but republican, and -ought undoubtedly to be corrected. I salute you with constant friendship -and respect. - - -TO HIS EXCELLENCY GOVERNOR PLUMER. - - MONTICELLO, July 21, 1816. - -I thank you, Sir, for the copy you have been so good as to send me, of -your late speech to the Legislature of your State, which I have read -a second time with great pleasure, as I had before done in the public -papers. It is replete with sound principles, and truly republican. Some -articles, too, are worthy of peculiar notice. The idea that institutions -established for the use of the nation cannot be touched nor modified, -even to make them answer their end, because of rights gratuitously -supposed in those employed to manage them in trust for the public, may -perhaps be a salutary provision against the abuses of a monarch, but -is most absurd against the nation itself. Yet our lawyers and priests -generally inculcate this doctrine, and suppose that preceding generations -held the earth more freely than we do; had a right to impose laws on -us, unalterable by ourselves, and that we, in like manner, can make -laws and impose burthens on future generations, which they will have no -right to alter; in fine, that the earth belongs to the dead and not the -living. I remark also the phenomenon of a chief magistrate recommending -the reduction of his own compensation. This is a solecism of which the -wisdom of our late Congress cannot be accused. I, however, place economy -among the first and most important of republican virtues, and public -debt as the greatest of the dangers to be feared. We see in England -the consequences of the want of it, their laborers reduced to live on a -penny in the shilling of their earnings, to give up bread, and resort to -oatmeal and potatoes for food; and their landholders exiling themselves -to live in penury and obscurity abroad, because at home the government -must have all the clear profits of their land. In fact, they see the -fee simple of the island transferred to the public creditors, all its -profits going to them for the interest of their debts. Our laborers and -landholders must come to this also, unless they severely adhere to the -economy you recommend. I salute you with entire esteem and respect. - - -TO DOCTOR LOGAN. - - MONTICELLO, July 23, 1816. - -DEAR SIR,--I have received and read with great pleasure the account you -have been so kind as to send me of the interview between the Emperor -Alexander and Mr. Clarkson, which I now return, as it is in manuscript. -It shows great condescension of character on the part of the Emperor, -and power of mind also, to be able to abdicate the artificial distance -between himself and other good, able men, and to converse as on equal -ground. This conversation too, taken with his late Christian league, -seems to bespeak in him something like a sectarian piety; his character -is undoubtedly good, and the world, I think, may expect good effects -from it. I have no doubt that his firmness in favor of France, after the -deposition of Bonaparte, has saved that country from evils still more -severe than she is suffering, and perhaps even from partition. I sincerely -wish that the history of the secret proceedings at Vienna may become -known, and may reconcile to our good opinion of him his participation -in the demolition of ancient and independent States, transferring them -and their inhabitants as farms and stocks of cattle at a market to other -owners, and even taking a part of the spoil to himself. It is possible -to suppose a case excusing this, and my partiality for his character -encourages me to expect it, and to impute to others, known to have no -moral scruples, the crimes of that conclave, who, under pretence of -punishing the atrocities of Bonaparte, reached them themselves, and -proved that with equal power they were equally flagitious. But let us -turn with abhorrence from these sceptered Scelerats, and disregarding our -own petty differences of opinion about men and measures, let us cling -in mass to our country and to one another, and bid defiance, as we can -if united, to the plundering combinations of the old world. Present me -affectionately and respectfully to Mrs. Logan, and accept the assurance -of my friendship and best wishes. - - -TO MR. DELAPLAINE. - - MONTICELLO, July 26, 1816. - -DEAR SIR,--In compliance with the request of your letter of the 6th inst., -with respect to Peyton Randolph, I have to observe that the difference -of age between him and myself admitted my knowing little of his early -life, except what I accidentally caught from occasional conversations. -I was a student at college when he was already Attorney General at the -bar, and a man of established years; and I had no intimacy with him until -I went to the bar myself, when, I suppose, he must have been upwards -of forty; from that time, and especially after I became a member of the -legislature, until his death, our intimacy was cordial, and I was with him -when he died. Under these circumstances, I have committed to writing as -many incidents of his life as memory enabled me to do, and to give faith -to the many and excellent qualities he possessed, I have mentioned those -minor ones which he did not possess; considering true history, in which -all will be believed, as preferable to unqualified panegyric, in which -nothing is believed. I avoided, too, the mention of trivial incidents, -which, by not distinguishing, disparage a character; but I have not been -able to state early dates. Before forwarding this paper to you, I received -a letter from Peyton Randolph, his great nephew, repeating the request -you had made. I therefore put the paper under a blank cover, addressed -to you, unsealed, and sent it to Peyton Randolph, that he might see -what dates as well as what incidents might be collected, supplementary -to mine, and correct any which I had inexactly stated; circumstances -may have been misremembered, but nothing, I think, of substance. This -account of Peyton Randolph, therefore, you may expect to be forwarded -by his nephew. - -You requested me when here, to communicate to you the particulars of -two transactions in which I was myself an agent, to wit: the _coup de -main_ of Arnold on Richmond, and Tarleton's on Charlottesville. I now -enclose them, detailed with an exactness on which you may rely with an -entire confidence. But, having an insuperable aversion to be drawn into -controversy in the public papers, I must request not to be quoted either -as to these or the account of Peyton Randolph. Accept the assurances of -my esteem and respect. - - -TO SIR JOHN SINCLAIR. - - MONTICELLO, July 31, 1816. - -DEAR SIR,--Your favor of November 1st came but lately to my hand. It -covered a prospectus of your code of health and longevity, a great and -useful work, which I shall be happy to see brought to a conclusion. Like -our good old Franklin, your labors and science go all to the utilities -of human life. - -I reciprocate congratulations with you sincerely on the restoration -of peace between our two nations. And why should there have been war? -for the party to which the blame is to be imputed, we appeal to the -"Exposition of the causes and character of the war," a pamphlet which, -we are told, has gone through some editions with you. If that does not -justify us, then the blame is ours. But let all this be forgotten; and -let both parties now count soberly the value of mutual friendship. I am -satisfied both will find that no advantage either can derive from any -act of injustice whatever, will be of equal value with those flowing -from friendly intercourse. Both ought to wish for peace and cordial -friendship; we, because you can do us more harm than any other nation; -and you, because we can do you more good than any other. Our growth is -now so well established by regular enumerations through a course of forty -years, and the same grounds of continuance so likely to endure for a -much longer period, that, speaking in round numbers, we may safely call -ourselves twenty millions in twenty years, and forty millions in forty -years. Many of the statesmen now living saw the commencement of the first -term, and many now living will see the end of the second. It is not then -a mere concern of posterity; a third of those now in life will see that -day. Of what importance then to you must such a nation be, whether as -friends or foes. But is their friendship, dear Sir, to be obtained by -the irritating policy of fomenting among us party discord, and a teasing -opposition; by bribing traitors, whose sale of themselves proves they -would sell their purchasers also, if their treacheries were worth a -price? How much cheaper would it be, how much easier, more honorable, -more magnanimous and secure, to gain the government itself, by a moral, -a friendly, and respectful course of conduct, which is all they would -ask for a cordial and faithful return. I know the difficulties arising -from the irritation, the exasperation produced on both sides by the late -war. It is great with you, as I judge from your newspapers; and greater -with us, as I see myself. The reason lies in the different degrees in -which the war has acted on us. To your people it has been a matter of -distant history only, a mere war in the carnatic; with us it has reached -the bosom of every man, woman and child. The maritime parts have felt it -in the conflagration of their houses, and towns, and desolation of their -farms; the borderers in the massacres and scalpings of their husbands, -wives and children; and the middle parts in their personal labors and -losses in defence of both frontiers, and the revolting scenes they have -there witnessed. It is not wonderful then, if their irritations are -extreme. Yet time and prudence on the part of the two governments may -get over these. Manifestations of cordiality between them, friendly -and kind offices made visible to the people on both sides, will mollify -their feelings, and second the wishes of their functionaries to cultivate -peace, and promote mutual interest. That these dispositions have been -strong on our part, in every administration from the first to the present -one, that we would at any time have gone our full half-way to meet them, -if a single step in advance had been taken by the other party, I can -affirm of my own intimate knowledge of the fact. During the first year -of my own administration, I thought I discovered in the conduct of Mr. -Addington some marks of comity towards us, and a willingness to extend -to us the decencies and duties observed towards other nations. My desire -to catch at this, and to improve it for the benefit of my own country, -induced me, in addition to the official declarations from the Secretary -of State, to write with my own hand to Mr. King, then our Minister -Plenipotentiary at London, in the following words: "I avail myself of -this occasion to assure you of my perfect satisfaction with the manner -in which you have conducted the several matters committed to you by us; -and to express my hope that through your agency, we may be able to remove -everything inauspicious to a cordial friendship between this country, -and the one in which you are stationed; a friendship dictated by too -many considerations not to be felt by the wise and the dispassionate -of both nations. It is, therefore, with the sincerest pleasure I have -observed on the part of the British government various manifestations of -a just and friendly disposition towards us; we wish to cultivate peace -and friendship with all nations, believing that course most conducive to -the welfare of our own; it is natural that these friendships should bear -some proportion to the common interests of the parties. The interesting -relations between Great Britain and the United States are certainly -of the first order, and as such are estimated, and will be faithfully -cultivated by us. These sentiments have been communicated to you from -time to time, in the official correspondence of the Secretary of State; -but I have thought it might not be unacceptable to be assured that they -perfectly concur with my own personal convictions, both in relation to -yourself, and the country in which you are." - -My expectation was that Mr. King would show this letter to Mr. Addington, -and that it would be received by him as an overture towards a cordial -understanding between the two countries. He left the ministry, however, -and I never heard more of it, and certainly never perceived any good -effect from it. I know that in the present temper, the boastful, the -insolent, and the mendacious newspapers on both sides, will present -serious impediments. Ours will be insulting your public authorities, -and boasting of victories; and yours will not be sparing of provocations -and abuses of us. But if those at our helms could not place themselves -above these pitiful notices, and throwing aside all personal feelings, -look only to the interests of their nations, they would be unequal -to the trusts confided to them. I am equally confident, on our part, -in the administration now in place, as in that which will succeed it; -and that if friendship is not hereafter sincerely cultivated, it will -not be their fault. I will not, however, disguise that the settlement -of the practice of impressing _our citizens_ is a _sine quâ non_, a -preliminary, without which treaties of peace are but truces. But it is -impossible that reasonable dispositions on both parts should not remove -this stumbling block, which unremoved, will be an eternal obstacle to -peace, and lead finally to the deletion of the one or the other nation. -The regulations necessary to keep your own seamen to yourselves are those -which our interests would lead us to adopt, and that interest would be a -guarantee of their observance; and the transfer of these questions from -the cognizance of their naval commanders to the governments themselves, -would be but an act of mutual as well as of self-respect. - -I did not mean, when I began my letter, to have indulged my pen so far on -subjects with which I have long ceased to have connection; but it may do -good, and I will let it go, for although what I write is from no personal -privity with the views or wishes of our government, yet believing them to -be what they ought to be, and confident in their wisdom and integrity, I -am sure I hazard no deception in what I have said of them, and I shall -be happy indeed if some good shall result to both our countries, from -this renewal of our correspondence and ancient friendship. I recall -with great pleasure the days of our former intercourse, personal and -epistolary, and can assure you with truth that in no instant of time -has there been any abatement of my great esteem and respect for you. - - -TO MR. ADAMS. - - MONTICELLO, August 1, 1816. - -DEAR SIR,--Your two philosophical letters of May 4th and 6th have been -too long in my carton of "letters to be answered." To the question, -indeed, on the utility of grief, no answer remains to be given. You have -exhausted the subject. I see that, with the other evils of life, it is -destined to temper the cup we are to drink. - - Two urns by Jove's high throne have ever stood, - The source of evil one, and one of good; - From thence the cup of mortal man he fills, - Blessings to these, to those distributes ills; - To most he mingles both. - -Putting to myself your question, would I agree to live my seventy-three -years over again forever? I hesitate to say. With Chew's limitations -from twenty-five to sixty, I would say yes; and I might go further back, -but not come lower down. For, at the latter period, with most of us, the -powers of life are sensibly on the wane, sight becomes dim, hearing dull, -memory constantly enlarging its frightful blank and parting with all we -have ever seen or known, spirits evaporate, bodily debility creeps on -palsying every limb, and so faculty after faculty quits us, and where -then is life? If, in its full rigor, of good as well as evil, your friend -Vassall could doubt its value, it must be purely a negative quantity -when its evils alone remain. Yet I do not go into his opinion entirely. -I do not agree that an age of pleasure is no compensation for a moment -of pain. I think, with you, that life is a fair matter of account, and -the balance often, nay generally, in its favor. It is not indeed easy, -by calculation of intensity and time, to apply a common measure, or to -fix the par between pleasure and pain; yet it exists, and is measurable. -On the question, for example, whether to be cut for the stone? The -young, with a longer prospect of years, think these overbalance the -pain of the operation. Dr. Franklin, at the age of eighty, thought his -residuum of life not worth that price. I should have thought with him, -even taking the stone out of the scale. There is a ripeness of time for -death, regarding others as well as ourselves, when it is reasonable we -should drop off, and make room for another growth. When we have lived -our generation out, we should not wish to encroach on another. I enjoy -good health; I am happy in what is around me, yet I assure you I am ripe -for leaving all, this year, this day, this hour. If it could be doubted -whether we would go back to twenty-five, how can it be whether we would -go forward from seventy-three? Bodily decay is gloomy in prospect, but -of all human contemplations the most abhorrent is body without mind. -Perhaps, however, I might accept of time to read Grimm before I go. -Fifteen volumes of anecdotes and incidents, within the compass of my own -time and cognizance, written by a man of genius, of taste, of point, an -acquaintance, the measure and traverses of whose mind I know, could not -fail to turn the scale in favor of life during their perusal. I must -write to Ticknor to add it to my catalogue, and hold on till it comes. -There is a Mr. Vanderkemp of New York, a correspondent, I believe, of -yours, with whom I have exchanged some letters without knowing who he -is. Will you tell me? I know nothing of the history of the Jesuits you -mention in four volumes. Is it a good one? I dislike, with you, their -restoration, because it marks a retrograde step from light towards -darkness. We shall have our follies without doubt. Some one or more of -them will always be afloat. But ours will be the follies of enthusiasm, -not of bigotry, not of Jesuitism. Bigotry is the disease of ignorance, -of morbid minds; enthusiasm of the free and buoyant. Education and free -discussion are the antidotes of both. We are destined to be a barrier -against the returns of ignorance and barbarism. Old Europe will have to -lean on our shoulders, and to hobble along by our side, under the monkish -trammels of priests and kings, as she can. What a colossus shall we be -when the southern continent comes up to our mark! What a stand will it -secure as a ralliance for the reason and freedom of the globe! I like -the dreams of the future better than the history of the past,--so good -night! I will dream on, always fancying that Mrs. Adams and yourself are -by my side marking the progress and the obliquities of ages and countries. - - -TO MRS. M. HARRISON SMITH. - - MONTICELLO, August 6, 1816. - -I have received, dear Madam, your very friendly letter of July 21st, and -assure you that I feel with deep sensibility its kind expressions towards -myself, and the more as from a person than whom no others could be more -in sympathy with my own affections. I often call to mind the occasions -of knowing your worth, which the societies of Washington furnished; and -none more than those derived from your much valued visit to Monticello. I -recognize the same motives of goodness in the solicitude you express on -the rumor supposed to proceed from a letter of mine to Charles Thomson, -on the subject of the Christian religion. It is true that, in writing to -the translator of the Bible and Testament, that subject was mentioned; -but equally so that no adherence to any particular mode of Christianity -was there expressed, nor any change of opinions suggested. A change from -what? the priests indeed have heretofore thought proper to ascribe to -me religious, or rather anti-religious sentiments, of their own fabric, -but such as soothed their resentments against the act of Virginia for -establishing religious freedom. They wished him to be thought atheist, -deist, or devil, who could advocate freedom from their religious -dictations. But I have ever thought religion a concern purely between -our God and our consciences, for which we were accountable to him, and -not to the priests. I never told my own religion, nor scrutinized that -of another. I never attempted to make a convert, nor wished to change -another's creed. I have ever judged of the religion of others by their -lives, and by this test, my dear Madam, I have been satisfied yours must -be an excellent one, to have produced a life of such exemplary virtue -and correctness. For it is in our lives, and not from our words, that -our religion must be read. By the same test the world must judge me. -But this does not satisfy the priesthood. They must have a positive, -a declared assent to all their interested absurdities. My opinion is -that there would never have been an infidel, if there had never been -a priest. The artificial structures they have built on the purest of -all moral systems, for the purpose of deriving from it pence and power, -revolts those who think for themselves, and who read in that system only -what is really there. These, therefore, they brand with such nick-names -as their enmity choses gratuitously to impute. I have left the world, -in silence, to judge of causes from their effects; and I am consoled -in this course, my dear friend, when I perceive the candor with which -I am judged by your justice and discernment; and that, notwithstanding -the slanders of the saints, my fellow citizens have thought me worthy -of trusts. The imputations of irreligion having spent their force; they -think an imputation of change might now be turned to account as a bolster -for their duperies. I shall leave them, as heretofore, to grope on in -the dark. - -Our family at Monticello is all in good health; Ellen speaking of you -with affection, and Mrs. Randolph always regretting the accident which -so far deprived her of the happiness of your former visit. She still -cherishes the hope of some future renewal of that kindness; in which we -all join her, as in the assurances of affectionate attachment and respect. - - -JOHN ADAMS TO THOMAS JEFFERSON. - - QUINCY, August 9, 1816. - -DEAR SIR,--The biography of Mr. Vander Kemp would require a volume which -I could not write if a million were offered me as a reward for the work. -After a learned and scientific education he entered the army in Holland, -and served as captain, with reputation; but loving books more than arms -he resigned his commission and became a preacher. My acquaintance with -him commenced at Leyden in 1790. He was then minister of the Menonist -congregation, the richest in Europe; in that city, where he was celebrated -as the most elegant writer in the Dutch language, he was the intimate -friend of Luzac and De Gysecaar. In 1788, when the King of Prussia -threatened Holland with invasion, his party insisted on his taking a -command in the army of defence, and he was appointed to the command of -the most exposed and most important post in the seven provinces. He was -soon surrounded by the Prussian forces; but he defended his fortress with -a prudence, fortitude, patience, and perseverance, which were admired by -all Europe; till, abandoned by his nation, destitute of provisions and -ammunition, still refusing to surrender, he was offered the most honorable -capitulation. He accepted it; was offered very advantageous proposals; -but despairing of the liberties of his country, he retired to Antwerp, -determined to emigrate to New York; wrote to me in London, requesting -letters of introduction. I sent him letters to Governor Clinton, and -several others of our little great men. His history in this country -is equally curious and affecting. He left property in Holland, which -the revolutions there have annihilated; and I fear is now pinched with -poverty. His head is deeply learned and his heart is pure. I scarcely -know a more amiable character. - - * * * * * - -He has written to me occasionally, and I have answered his letters in -great haste. You may well suppose that such a man has not always been -able to understand our American politics. Nor have I. Had he been as -great a master of our language as he was of his own, he would have been -at this day one of the most conspicuous characters in the United States. - -So much for Vander Kemp; now for your letter of August 1st. Your poet, the -Ionian I suppose, ought to have told us whether Jove, in the distribution -of good and evil from his two urns, observes any rule of equity or not; -whether he thunders out flames of eternal fire on the many, and power, -and glory, and felicity on the few, without any consideration of justice? - -Let us state a few questions _sub rosâ_. - -1. Would you accept a life, if offered you, of equal pleasure and pain? -For example. One million of moments of pleasure, and one million of -moments of pain! (1,000,000 moments of pleasure = 1,000,000 moments of -pain.) Suppose the pleasure as exquisite as any in life, and the pain -as exquisite as any; for example, stone-gravel, gout, headache, earache, -toothache, cholic, &c. I would not. I would rather be blotted out. - -2. Would you accept a life of one year of incessant gout, headache, -&c., for seventy-two years of such life as you have enjoyed? I would -not. (One year of cholic = seventy-two of _Boule de Savon_; pretty, -but unsubstantial.) I had rather be extinguished. You may vary these -Algebraical equations at pleasure and without end. All this ratiocination, -calculation, call it what you will, is founded on the supposition of no -future state. Promise me eternal life free from pain, although in all -other respects no better than our present terrestrial existence, I know -not how many thousand years of Smithfield fevers I would not endure to -obtain it. In fine, without the supposition of a future state, mankind -and this globe appear to me the most sublime and beautiful bubble, and -bauble, that imagination can conceive. - -Let us then wish for immortality at all hazards, and trust the Ruler -with his skies. I do; and earnestly wish for his commands, which to the -utmost of my power shall be implicitly and piously obeyed. - -It is worth while to live to read Grimm, whom I have read; and La Harpe -and Mademoiselle D'Espinasse the fair friend of D'Alembert, both of whom -Grimm characterizes very distinguished, and are, I am told, in print. -I have not seen them, but hope soon to have them. - -My history of the Jesuits is not elegantly written, but is supported -by unquestionable authorities, is very particular and very horrible. -Their restoration is indeed a "step towards darkness," cruelty, perfidy, -despotism, death and ----! I wish we were out of "danger of bigotry and -Jesuitism"! May we be "a barrier against the returns of ignorance and -barbarism"! "What a colossus shall we be"! But will it not be of brass, -iron and clay? Your taste is judicious in liking better the dreams of -the future, than the history of the past. Upon this principle I prophecy -that you and I shall soon meet, and be better friends than ever. So -wishes, - - J. A. - - -TO MR. ISAAC H. TIFFANY. - - MONTICELLO, August 26, 1816. - -SIR,--In answer to your inquiry as to the merits of Gillies' translation -of the Politics of Aristotle, I can only say that it has the reputation -of being preferable to Ellis', the only rival translation into English. -I have never seen it myself, and therefore do not speak of it from my own -knowledge. But so different was the style of society then, and with those -people, from what it is now and with us, that I think little edification -can be obtained from their writings on the subject of government. They -had just ideas of the value of personal liberty, but none at all of the -structure of government best calculated to preserve it. They knew no -medium between a democracy (the only pure republic, but impracticable -beyond the limits of a town) and an abandonment of themselves to an -aristocracy, or a tyranny independent of the people. It seems not to have -occurred that where the citizens cannot meet to transact their business -in person, they alone have the right to choose the agents who shall -transact it; and that in this way a republican, or popular government, of -the second grade of purity, may be exercised over any extent of country. -The full experiment of a government democratical, but representative, was -and is still reserved for us. The idea (taken, indeed, from the little -specimen formerly existing in the English constitution, but now lost) has -been carried by us, more or less, into all our legislative and executive -departments; but it has not yet, by any of us, been pushed into all the -ramifications of the system, so far as to leave no authority existing -not responsible to the people; whose rights, however, to the exercise -and fruits of their own industry, can never be protected against the -selfishness of rulers not subject to their control at short periods. -The introduction of this new principle of representative democracy has -rendered useless almost everything written before on the structure of -government; and, in a great measure, relieves our regret, if the political -writings of Aristotle, or of any other ancient, have been lost, or are -unfaithfully rendered or explained to us. My most earnest wish is to -see the republican element of popular control pushed to the maximum of -its practicable exercise. I shall then believe that our government may -be pure and perpetual. Accept my respectful salutations. - - -JOHN ADAMS TO THOMAS JEFFERSON. - - QUINCY, September 3, 1816. - -DEAR SIR,--Dr. James Freeman is a learned, ingenious, honest and -benevolent man, who wishes to see President Jefferson, and requests me -to introduce him. If you would introduce some of your friends to me, I -could, with more confidence, introduce mine to you. He is a Christian, -but not a Pythagorian, a Platonic, or a Philonic Christian. You will -ken him, and he will ken you; but you may depend he will never betray, -deceive, or injure you. - -Without hinting to him anything which had passed between you and me, -I asked him your question, "_What are the uses of grief?_" He stared, -and said "The question was new to him." All he could say at present -was, that he had known, in his own parish, more than one instance of -ladies who had been thoughtless, modish, extravagant in a high degree, -who, upon the death of a child, had become thoughtful, modest, humble; -as prudent, amiable women as any he had known. Upon this I read to him -your letters and mine upon this subject of grief, with which he seemed -to be pleased. You see I was not afraid to trust him, and you need not -be. - -Since I am, accidentally, invited to write to you, I may add a few words -upon pleasures and pains of life. Vassall thought, an hundred years, nay, -an eternity of pleasure, was no compensation for one hour of bilious -cholic. Read again Molliores Spsyke, act 2d, scene 1st, on the subject -of grief. And read in another place, "_on est payè de mille maux, par un -heureux moment_." Thus differently do men speak of pleasures and pains. -Now, Sir, I will tease you with another question. What have been the -_abuses_ of grief? - -In answer to this question, I doubt not you might write an hundred -volumes. A few hints may convince you that the subject is ample. - -1st. The death of Socrates excited a general sensibility of grief at -Athens, in Attica, and in all Greece. Plato and Xenophon, two of his -disciples, took advantage of that sentiment, by employing their enchanting -style to represent their master to be greater and better than he probably -was; and what have been the effects of Socratic, Platonic, which were -Pythagorian, which was Indian philosophy, in the world? - -2d. The death of Cæsar, tyrant as he was, spread a general compassion, -which always includes grief, among the Romans. The scoundrel Mark Antony -availed himself of this momentary grief to destroy the republic, to -establish the empire, and to proscribe Cicero. - -3d. But to skip over all ages and nations for the present, and descend -to our own times. The death of Washington diffused a general grief. -The old tories, the hyperfederalists, the speculators, set up a general -howl. Orations, prayers, sermons, mock funerals, were all employed, not -that they loved Washington, but to keep in countenance the funding and -banking system; and to cast into the background and the shade, all others -who had been concerned in the service of their country in the Revolution. - -4th. The death of Hamilton, under all its circumstances, produced a -general grief. His most determined enemies did not like to get rid of him -in that way. They pitied, too, his widow and children. His party seized -the moment of public feeling to come forward with funeral orations, and -printed panegyrics, reinforced with mock funerals and solemn grimaces, -and all this by people who have buried Otis, Sam Adams, Hancock, and -Gerry, in comparative obscurity. And why? Merely to disgrace the old -Whigs, and keep the funds and banks in countenance. - -5th. The death of Mr. Ames excited a general regret. His long consumption, -his amiable character, and reputable talents, had attracted a general -interest, and his death a general mourning. His party made the most of -it, by processions, orations, and a mock funeral. And why? To glorify the -Tories, to abash the Whigs, and maintain the reputation of funds, banks, -and speculation. And all this was done in honor of that insignificant -boy, by people who have let a Dance, a Gerry, and a Dexter, go to their -graves without notice. - -6th. I almost shudder at the thought of alluding to the most fatal example -of the abuses of grief which the history of mankind has preserved--The -Cross. Consider what calamities that engine of grief has produced! With -the rational respect which is due to it, knavish priests have added -prostitutions of it, that fill, or might fill, the blackest and bloodiest -pages of human history. - -I am with ancient friendly sentiments, - - -TO SAMUEL KERCHIVAL. - - MONTICELLO, September 5, 1816. - -SIR,--Your letter of August the 16th is just received. That which I wrote -to you under the address of H. Tompkinson, was intended for the author -of the pamphlet you were so kind as to send me, and therefore, in your -hands, found its true destination. But I must beseech you, Sir, not to -admit a possibility of its being published. Many good people will revolt -from its doctrines, and my wish is to offend nobody; to leave to those -who are to live under it, the settlement of their own constitution, -and to pass in peace the remainder of my time. If those opinions are -sound, they will occur to others, and will prevail by their own weight, -without the aid of names, I am glad to see that the Staunton meeting has -rejected the idea of a limited convention. The article, however, nearest -my heart, is the division of counties into wards. These will be pure and -elementary republics, the sum of all which, taken together, composes the -State, and will make of the whole a true democracy as to the business -of the wards, which is that of nearest and daily concern. The affairs -of the larger sections, of counties, of States, and of the Union, not -admitting personal transaction by the people, will be delegated to agents -elected by themselves; and representation will thus be substituted, where -personal action becomes impracticable. Yet, even over these representative -organs, should they become corrupt and perverted, the division into wards -constituting the people, in their wards, a regularly organized power, -enables them by that organization to crush, regularly and peaceably, -the usurpations of their unfaithful agents, and rescues them from the -dreadful necessity of doing it insurrectionally. In this way we shall -be as republican as a large society can be; and secure the continuance -of purity in our government, by the salutary, peaceable, and regular -control of the people. No other depositories of power have ever yet been -found, which did not end in converting to their own profit the earnings -of those committed to their charge. George the III. in execution of the -trust confided to him, has, within his own day, loaded the inhabitants -of Great Britain with debts equal to the whole fee-simple value of their -island, and under pretext of governing it, has alienated its whole soil -to creditors who could lend money to be lavished on priests, pensions, -plunder and perpetual war. This would not have been so, had the people -retained organized means of acting on their agents. In this example -then, let us read a lesson for ourselves, and not "go and do likewise." - -Since writing my letter of July the 12th, I have been told, that on the -question of equal representation, our fellow citizens in some sections -of the State claim peremptorily a right of representation for their -slaves. Principle will, in this, as in most other cases, open the way -for us to correct conclusion. Were our State a pure democracy, in which -all its inhabitants should meet together to transact all their business, -there would yet be excluded from their deliberations, 1, infants, until -arrived at years of discretion. 2. Women, who, to prevent depravation of -morals and ambiguity of issue, could not mix promiscuously in the public -meetings of men. 3. Slaves, from whom the unfortunate state of things -with us takes away the rights of will and of property. Those then who -have no will could be permitted to exercise none in the popular assembly; -and of course, could delegate none to an agent in a representative -assembly. The business, in the first case, would be done by qualified -citizens only. It is true, that in the general constitution, our State is -allowed a larger representation on account of its slaves. But every one -knows, that that constitution was a matter of compromise; a capitulation -between conflicting interests and opinions. In truth, the condition -of different descriptions of inhabitants in any country is a matter -of municipal arrangement, of which no foreign country has a right to -take notice. All its inhabitants are men as to them. Thus, in the New -England States, none have the powers of citizens but those whom they -call _freemen_; and none are _freemen_ until admitted by a vote of the -freemen of the town. Yet, in the General Government, these non-freemen -are counted in their quantum of representation and of taxation. So, -slaves with us have no powers as citizens; yet, in representation in the -General Government, they count in the proportion of three to five; and -so also in taxation. Whether this is equal, is not here the question. -It is a capitulation of discordant sentiments and circumstances, and is -obligatory on that ground. But this view shows there is no inconsistency -in claiming representation for them for the other States, and refusing -it within our own. Accept the renewal of assurances of my respect. - - -TO JOHN ADAMS. - - MONTICELLO, October 14, 1816. - -Your letter, dear Sir, of May the 6th, had already well explained the -uses of grief. That of September the 3d, with equal truth, adduces -instances of its abuse; and when we put into the same scale these abuses, -with the afflictions of soul which even the uses of grief cost us, we -may consider its value in the economy of the human being, as equivocal -at least. Those afflictions cloud too great a portion of life to find -a counterpoise in any benefits derived from its uses. For setting aside -its paroxysms on the occasions of special bereavements, all the latter -years of aged men are overshadowed with its gloom. Whither, for instance, -can you and I look without seeing the graves of those we have known? -And whom can we call up, of our early companions, who has not left us -to regret his loss? This, indeed, may be one of the salutary effects -of grief; inasmuch as it prepares us to loose ourselves also without -repugnance. Doctor Freeman's instances of female levity cured by grief, -are certainly to the point, and constitute an item of credit in the -account we examine. I was much mortified by the loss of the Doctor's -visit, by my absence from home. To have shown how much I feel indebted -to you for making good people known to me, would have been one pleasure; -and to have enjoyed that of his conversation, and the benefits of his -information, so favorably reported by my family, would have been another. -I returned home on the third day after his departure. The loss of such -visits is among the sacrifices which my divided residence costs me. - -Your undertaking the twelve volumes of Dupuis, is a degree of heroism -to which I could not have aspired even in my younger days. I have been -contented with the humble achievement of reading the analysis of his work -by Destutt Tracy, in two hundred pages octavo. I believe I should have -ventured on his own abridgment of the work, in one octavo volume, had it -ever come to my hands; but the marrow of it in Tracy has satisfied my -appetite; and even in that, the preliminary discourse of the analyzer -himself, and his conclusion, are worth more in my eye than the body of -the work. For the object of that seems to be to smother all history under -the mantle of allegory. If histories so unlike as those of Hercules and -Jesus, can, by a fertile imagination and allegorical interpretations, -be brought to the same tally, no line of distinction remains between -fact and fancy. As this pithy morsel will not overburthen the mail in -passing and repassing between Quincy and Monticello, I send it for your -perusal. Perhaps it will satisfy you, as it has me; and may save you -the labor of reading twenty-four times its volume. I have said to you -that it was written by Tracy; and I had so entered it on the title page, -as I usually do on anonymous works whose authors are known to me. But -Tracy requested me not to betray his anonyme, for reasons which may not -yet, perhaps, have ceased to weigh. I am bound, then, to make the same -reserve with you. Destutt Tracy is, in my judgment, the ablest writer -living on intellectual subjects, or the operations of the understanding. -His three octavo volumes on Ideology, which constitute the foundation -of what he has since written, I have not entirely read; because I am -not fond of reading what is merely abstract, and unapplied immediately -to some useful science. Bonaparte, with his repeated derisions of -Ideologists (squinting at this author), has by this time felt that true -wisdom does not lie in mere practice without principle. The next work -Tracy wrote was the Commentary on Montesquieu, never published in the -original, because not safe; but translated and published in Philadelphia, -yet without the author's name. He has since permitted his name to be -mentioned. Although called a Commentary, it is, in truth, an elementary -work on the principles of government, comprised in about three hundred -pages octavo. He has lately published a third work, on Political Economy, -comprising the whole subject within about the same compass; in which all -its principles are demonstrated with the severity of Euclid, and, like -him, without ever using a superfluous word. I have procured this to be -translated, and have been four years endeavoring to get it printed; but -as yet, without success. In the meantime, the author has published the -original in France, which he thought unsafe while Bonaparte was in power. -No printed copy, I believe, has yet reached this country. He has his -fourth and last work now in the press at Paris, closing, as he conceives, -the circle of metaphysical sciences. This work, which is on Ethics, I -have not seen, but suspect I shall differ from it in its foundation, -although not in its deductions. I gather from his other works that he -adopts the principle of Hobbes, that justice is founded in contract -solely, and does not result from the construction of man. I believe, on -the contrary, that it is instinct and innate, that the moral sense is as -much a part of our constitution as that of feeling, seeing, or hearing; -as a wise creator must have seen to be necessary in an animal destined -to live in society; that every human mind feels pleasure in doing good -to another; that the non-existence of justice is not to be inferred from -the fact that the same act is deemed virtuous and right in one society -which is held vicious and wrong in another; because, as the circumstances -and opinions of different societies vary, so the acts which may do them -right or wrong must vary also; for virtue does not consist in the act -we do, but in the end it is to effect. If it is to effect the happiness -of him to whom it is directed, it is virtuous, while in a society under -different circumstances and opinions, the same act might produce pain, -and would be vicious. The essence of virtue is in doing good to others, -while what is good may be one thing in one society, and its contrary -in another. Yet, however we may differ as to the foundation of morals, -(and as many foundations have been assumed as there are writers on the -subject nearly,) so correct a thinker as Tracy will give us a sound -system of morals. And, indeed, it is remarkable, that so many writers, -setting out from so many different premises, yet meet all in the same -conclusions. This looks as if they were guided, unconsciously, by the -unerring hand of instinct. - -Your history of the Jesuits, by what name of the author or other -description is it to be inquired for? - -What do you think of the present situation of England? Is not this the -great and fatal crush of their funding system, which, like death, has -been foreseen by all, but its hour, like that of death, hidden from -mortal prescience? It appears to me that all the circumstances now -exist which render recovery desperate. The interest of the national debt -is now equal to such a portion of the profits of all the land and the -labor of the island, as not to leave enough for the subsistence of those -who labor. Hence the owners of the land abandon it and retire to other -countries, and the laborer has not enough of his earnings left to him -to cover his back and to fill his belly. The local insurrections, now -almost general, are of the hungry and the naked, who cannot be quieted -but by food and raiment. But where are the means of feeding and clothing -them? The landholder has nothing of his own to give; he is but the -fiduciary of those who have lent him money; the lender is so taxed in -his meat, drink and clothing, that he has but a bare subsistence left. -The landholder, then, must give up his land, or the lender his debt, -or they must compromise by giving up each one-half. But will either -consent, _peaceably_, to such an abandonment of property? Or must it not -be settled by civil conflict? If peaceably compromised, will they agree -to risk another ruin under the same government unreformed? I think not; -but I would rather know what you think; because you have lived with John -Bull, and know better than I do the character of his herd. I salute Mrs. -Adams and yourself with every sentiment of affectionate cordiality and -respect. - - -TO THE SECRETARY OF STATE. - - MONTICELLO, October 16, 1816. - -DEAR SIR,--If it be proposed to place an inscription on the capitol, the -lapidary style requires that essential facts only should be stated, and -these with a brevity admitting no superfluous word. The essential facts -in the two inscriptions proposed are these: - - FOUNDED 1791.--BURNT BY A BRITISH ARMY 1814.--RESTORED BY - CONGRESS 1817. - -The reasons for this brevity are that the letters must be of extraordinary -magnitude to be read from below; that little space is allowed them, being -usually put into a pediment or in a frieze, or on a small tablet on the -wall; and in our case, a third reason may be added, that no passion can -be imputed to this inscription, every word being justifiable from the -most classical examples. - -But a question of more importance is whether there should be one at all? -The barbarism of the conflagration will immortalize that of the nation. -It will place them forever in degraded comparison with the execrated -Bonaparte, who, in possession of almost every capitol in Europe, injured -no one. Of this, history will take care, which all will read, while -our inscription will be seen by few. Great Britain, in her pride and -ascendency, has certainly hated and despised us beyond every earthly -object. Her hatred may remain, but the hour of her contempt is passed -and is succeeded by dread; not a present, but a distant and deep one. -It is the greater as she feels herself plunged into an abyss of ruin -from which no human means point out an issue. We also have more reason -to hate her than any nation on earth. But she is not now an object for -hatred. She is falling from her transcendent sphere, which all men ought -to have wished, but not that she should lose all place among nations. It -is for the interest of all that she should be maintained, _nearly_ on a -par with other members of the republic of nations. Her power, absorbed -into that of any other, would be an object of dread to all, and to us -more than all, because we are accessible to her alone and through her -alone. The armies of Bonaparte with the fleets of Britain, would change -the aspect of our destinies. Under these prospects should we perpetuate -hatred against her? Should we not, on the contrary, begin to open -ourselves to other and more rational dispositions? It is not improbable -that the circumstances of the war and her own circumstances may have -brought her wise men to begin to view us with other and even with kindred -eyes. Should not our wise men, then, lifted above the passions of the -ordinary citizen, begin to contemplate what _will be_ the interests of -our country on so important a change among the elements which influence -it? I think it would be better to give her time to show her present -temper, and to prepare the minds of our citizens for a corresponding -change of disposition, by acts of comity towards England rather than by -commemoration of hatred. These views might be greatly extended. Perhaps, -however, they are premature, and that I may see the ruin of England -nearer than it really is. This will be matter of consideration with those -to whose councils we have committed ourselves, and whose wisdom, I am -sure, will conclude on what is best. Perhaps they may let it go off on -the single and short consideration that the thing can do no good, and -may do harm. Ever and affectionately yours. - - -TO JOHN ADAMS. - - POPLAR FOREST, November 25, 1816. - -I receive here, dear Sir, your favor of the 4th, just as I am preparing -my return to Monticello for winter quarters, and I hasten to answer -to some of your inquiries. The Tracy I mentioned to you is the one -connected by marriage with Lafayette's family. The mail which brought -your letter, brought one also from him. He writes me that he is become -blind, and so infirm that he is no longer able to compose anything. So -that we are to consider his works as now closed. They are three volumes -of Ideology, one on Political Economy, one on Ethics, and one containing -his Commentary on Montesquieu, and a little tract on Education. Although -his commentary explains his principles of government, he had intended -to have substituted for it an elementary and regular treatise on the -subject, but he is prevented by his infirmities. His Analyse de Dupuys -he does not avow. - -My books are all arrived, some at New York, some at Boston, and I am -glad to hear that those for Harvard are safe also, and the Uranologia you -mention without telling me what it is. It is something good, I am sure, -from the name connected with it; and if you would add to it your fable -of the bees, we should receive valuable instruction as to the Uranologia -both of the father and son, more valuable than the Chinese will from -our bible societies. These incendiaries, finding that the days of fire -and fagot are over in the Atlantic hemisphere, are now preparing to put -the torch to the Asiatic regions. What would they say were the Pope to -send annually to this country, colonies of Jesuit priests with cargoes -of their missal and translations of their Vulgate, to be put gratis into -the hands of every one who would accept them? and to act thus nationally -on us as a nation? - -I proceed to the letter you were so good as to enclose me. It is an -able letter, speaks volumes in few words, presents a profound view of -awful truths, and lets us see truths more awful, which are still to -follow. George the Third then, and his minister Pitt, and successors, -have spent the fee simple of the kingdom, under pretence of governing -it; their sinecures, salaries, pensions, priests, prelates, princes -and eternal wars, have mortgaged to its full value the last foot of -their soil. They are reduced to the dilemma of a bankrupt spendthrift, -who, having run through his whole fortune, now asks himself what he is -to do? It is in vain he dismisses his coaches and horses, his grooms, -liveries, cooks and butlers. This done, he still finds he has nothing -to eat. What was his property is now that of his creditors; if still in -his hands, it is only as their trustee. To them it belongs, and to them -every farthing of its profits must go. The reformation of extravagances -comes too late. All is gone. Nothing left for retrenchment or frugality -to go on. The debts of England, however, being due from the whole nation -to one half of it, being as much the debt of the creditor as debtor, if -it could be referred to a court of equity, principles might be devised -to adjust it peaceably. Dismiss their parasites, ship off their paupers -to this country, let the landholders give half their lands to the money -lenders, and these last relinquish one half of their debts. They would -still have a fertile island, a sound and effective population to labor -it, and would hold that station among political powers, to which their -natural resources and faculties entitle them. They would no longer, -indeed, be the lords of the ocean and paymasters of all the princes -of the earth. They would no longer enjoy the luxuries of pirating and -plundering everything by sea, and of bribing and corrupting everything -by land; but they might enjoy the more safe and lasting luxury of living -on terms of equality, justice and good neighborhood with all nations. -As it is, their first efforts will probably be to quiet things awhile -by the palliatives of reformation; to nibble a little at pensions and -sinecures, to bite off a bit here, and a bite there to amuse the people; -and to keep the government a going by encroachments on the interest of -the public debt, one per cent. of which, for instance, withheld, gives -them a spare revenue of ten millions for present subsistence, and spunges, -in fact, two hundred millions of the debt. This remedy they may endeavor -to administer in broken doses of a small pill at a time. The first may -not occasion more than a strong nausea in the money lenders; but the -second will probably produce a revulsion of the stomach, borborisms, -and spasmodic calls for fair settlement and compromise. But it is not -in the character of man to come to any peaceable compromise of such a -state of things. The princes and priests will hold to the flesh-pots, -the empty bellies will seize on them, and these being the multitude, -the issue is obvious, civil war, massacre, exile as in France, until -the stage is cleaned of everything but the multitude, and the lands get -into their hands by such processes as the revolution will engender. They -will then want peace and a government, and what will it be? certainly -not a renewal of that which has already ruined them. Their habits of -law and order, their ideas almost innate of the vital elements of free -government, of trial by jury, _habeas corpus_, freedom of the press, -freedom of opinion, and representative government, make them, I think, -capable of bearing a considerable portion of liberty. They will probably -turn their eyes to us, and be disposed to tread in our footsteps, seeing -how safely these have led us into port. There is no part of our model -to which they seem unequal, unless perhaps the elective presidency; and -even that might possibly be rescued from the tumult of elections, by -subdividing the electoral assemblages into very small parts, such as of -wards or townships, and making them simultaneous. But you know them so -much better than I do, that it is presumption to offer my conjectures -to you. - -While it is much our interest to see this power reduced from its towering -and borrowed height, to within the limits of its natural resources, it is -by no means our interest that she should be brought below that, or lose -her competent place among the nations of Europe. The present exhausted -state of the continent will, I hope, permit them to go through their -struggle without foreign interference, and to settle their new government -according to their own will. I think it will be friendly to us, as the -nation itself would be were it not artfully wrought up by the hatred -their government bears us. And were they once under a government which -should treat us with justice and equity I should myself feel with great -strength the ties which bind us together, of origin, language, laws and -manners; and I am persuaded the two people would become in future, as -it was with the ancient Greeks, among whom it was reproachful for Greek -to be found fighting against Greek in a foreign army. The individuals of -the nation I have ever honored and esteemed, the basis of their character -being essentially worthy; but I consider their government as the most -flagitious which has existed since the days of Philip of Macedon, whom -they make their model. It is not only founded in corruption itself, -but insinuates the same poison into the bowels of every other, corrupts -its councils, nourishes factions, stirs up revolutions, and places its -own happiness in fomenting commotions and civil wars among others, thus -rendering itself truly the _hostis humani generis_. The effect is now -coming home to itself. Its first operation will fall on the individuals -who have been the chief instruments in its corruptions, and will eradicate -the families which have from generation to generation been fattening on -the blood of their brethren; and this scoria once thrown off, I am in -hopes a purer nation will result, and a purer government be instituted, -one which, instead of endeavoring to make us their natural enemies, -will see in us, what we really are, their natural friends and brethren, -and more interested in a fraternal connection with them than with any -other nation on earth. I look, therefore, to their revolution with great -interest. I wish it to be as moderate and bloodless as will effect the -desired object of an honest government, one which will permit the world -to live in peace, and under the bonds of friendship and good neighborhood. - -In this tremendous tempest, the distinctions of whig and tory will -disappear like chaff on a troubled ocean. Indeed, they have been -disappearing from the day Hume first began to publish his history. This -single book has done more to sap the free principles of the English -constitution than the largest standing army of which their patriots have -been so jealous. It is like the portraits of our countryman Wright, whose -eye was so unhappy as to seize all the ugly features of his subject, and -to present them faithfully, while it was entirely insensible to every -lineament of beauty. So Hume has concentrated, in his fascinating style, -all the arbitrary proceedings of the English kings, as true evidences of -the constitution, and glided over its whig principles as the unfounded -pretensions of factious demagogues. He even boasts, in his life written -by himself, that of the numerous alterations suggested by the readers -of his work, he had never adopted one proposed by a whig. - -But what, in this same tempest, will become of their colonies and their -fleets? Will the former assume independence, and the latter resort to -piracy for subsistence, taking possession of some island as a _point -d'appui_? A pursuit of these would add too much to the speculations on -the situation and prospects of England, into which I have been led by the -pithy text of the letter you so kindly sent me, and which I now return. -It is worthy the pen of Tacitus. I add, therefore, only my affectionate -and respectful souvenirs to Mrs. Adams and yourself. - - -JOHN ADAMS TO THOMAS JEFFERSON. - - QUINCY, December 16, 1816. - -Your letter, dear Sir, of November 25th, from Poplar Forest, was sent -to me from the post-office the next day after I had sent "The Analysis," -with my thanks to you. - -"Three vols. of Idiology!" Pray explain to me this Neological title! -What does it mean? When Bonaparte used it, I was delighted with it, upon -the common principle of delight in everything we cannot understand. Does -it mean Idiotism? The science of _non compos mentuism_? The science of -Lunacy? The theory of delirium? or does it mean the science of self-love? -Of _amour propre_? or the elements of vanity? - -Were I in France at this time, I could profess blindness and infirmity, -and prove it too. I suppose he does not avow the analysis, as Hume did -not avow his essay on human nature. That analysis, however, does not -show a man of excessive mediocrity. Had I known any of these things two -years ago, I would have written him a letter. Of all things, I wish to -see his Idiology upon Montesquieu. If you, with all your influence, -have not been able to get your own translation of it, with your own -notes upon it, published in four years, where and what is the freedom -of the American press? Mr. Taylor of Hazelwood, Port Royal, can have -his voluminous and luminous works published with ease and despatch. - -The Uranologia, as I am told, is a collection of plates, stamps, charts -of the Heavens upon a large scale, representing all the constellations. -The work of some Professor in Sweden. It is said to be the most perfect -that ever has appeared. I have not seen it. Why should I ride fifteen -miles to see it, when I can see the original every clear evening; and -especially as Dupuis has almost made me afraid to inquire after anything -more of it than I can see with my naked eye in a star-light night? - -That the Pope will send Jesuits to this country, I doubt not; and the -church of England, missionaries too. And the Methodists, and the Quakers, -and the Moravians, and the Swedenburgers, and the Menonists, and the -Scottish Kirkers, and the Jacobites, and the Jacobins, and the Democrats, -and the Aristocrats, and the Monarchists, and the Despotists of all -denominations: and every emissary of every one of these sects will find -a party here already formed, to give him a cordial reception. No power -or intelligence less than Raphael's moderator, can reduce this chaos to -order. - -I am charmed with the fluency and rapidity of your reasoning on the state -of Great Britain. I can deny none of your premises; but I doubt your -conclusion. After all the convulsions that you foresee, they will return -to that constitution which you say has ruined them, and I say has been -the source of all their power and importance. They have, as you say, too -much sense and knowledge of liberty, ever to submit to simple monarchy, -or absolute despotism, on the one hand; and too much of the devil in -them ever to be governed by popular elections of Presidents, Senators, -and Representatives in Congress. Instead of "turning their eyes to us," -their innate feelings will turn them from us. They have been taught from -their cradles to despise, scorn, insult, and abuse us. They hate us more -vigorously than they do the French. They would sooner adopt the simple -monarchy of France, than our republican institutions. You compliment me -with more knowledge of them than I can assume or pretend. If I should -write you a volume of observations I made in England, you would pronounce -it a satire. Suppose the "Refrain," as the French call it, or the Burthen -of the Song, as the English express it, should be, the Religion, the -Government, the Commerce, the Manufactures, the Army and Navy of Great -Britain, are all reduced to the science of pounds, shillings and pence. -Elections appeared to me a mere commercial traffic; mere bargain and -sale. I have been told by sober, steady freeholders, that "they never had -been, and never would go to the poll, without being paid for their time, -travel and expenses." Now, suppose an election for a President of the -British empire. There must be a nomination of candidates by a national -convention, Congress, or caucus--in which would be two parties--Whigs -and Tories. Of course two candidates at least would be nominated. The -empire is instantly divided into two parties at least. Every man must -be paid for his vote by the candidate of his party. The only question -would be, which party has the deepest purse. The same reasoning will -apply to elections of Senators and Representatives too. A revolution -might destroy the Burroughs and the Inequalities of representation, and -might produce more toleration; and these acquisitions might be worth -all they would cost; but I dread the experiment. - -Britain will never be our friend till we are her master. - -This will happen in less time than you and I have been struggling with -her power; provided we remain united. Aye! there's the rub! I fear there -will be greater difficulties to preserve our Union, than you and I, our -fathers, brothers, friends, disciples and sons have had, to form it. -Towards Great Britain, I would adopt their own maxim. An English jockey -says, "If I have a wild horse to break, I begin by convincing him I am -his master; and then I will convince him that I am his friend." I am -well assured that nothing will restrain Great Britain from injuring us, -but fear. - -You think that "in a revolution the distinction of Whig and Tory would -disappear." I cannot believe this. That distinction arises from nature -and society; is now, and ever will be, time without end, among Negroes, -Indians, and Tartars, as well as federalists and republicans. Instead of -"disappearing since Hume published his history," that history has only -increased the Tories and diminished the Whigs. That history has been -the bane of Great Britain. It has destroyed many of the best effects -of the revolution of 1688. Style has governed the empire. Swift, Pope -and Hume, have disgraced all the honest historians. Rapin and Burnet, -Oldmixen and Coke, contain more honest truth than Hume and Clarendon, -and all their disciples and imitators. But who reads any of them at -this day? Every one of the fine arts from the earliest times has been -enlisted in the service of superstition and despotism. The whole world -at this day gazes with astonishment at the grossest fictions, because -they have been immortalized by the most exquisite artists--Homer and -Milton, Phideas and Raphael. The rabble of the classic skies, and the -hosts of Roman Catholic saints and angels, are still adored in paint, -and marble, and verse. Raphael has sketched the actors and scenes in -all Apuleus's Amours of Psyche and Cupid. Nothing is too offensive to -morals, delicacy, or decency, for this painter. Raphael has painted in -one of the most ostentatious churches in Italy--the Creation--and with -what genius? God Almighty is represented as leaping into chaos, and -boxing it about with his fists, and kicking it about with his feet, till -he tumbles it into order! - -Nothing is too impious or profane for this great master, who has painted -so many inimitable virgins and children. - -To help me on in my career of improvement, I have now read four volumes of -La Harpe's correspondence with Paul and a Russian minister. Philosophers! -Never again think of annulling superstition per Saltum. _Testine cente._ - - -TO MR. MELLISH. - - MONTICELLO, December 31, 1816. - -SIR,--Your favor of November 23d, after a very long passage, is received, -and with it the map which you have been so kind as to send me, for -which I return you many thanks. It is handsomely executed, and on a -well-chosen scale; giving a luminous view of the comparative possessions -of different powers in our America. It is on account of the value I set -on it, that I will make some suggestions. By the charter of Louis XIV. -all the country comprehending the waters which flow into the Mississippi, -was made a part of Louisiana. Consequently its northern boundary was -the summit of the highlands in which its northern waters rise. But by -the Xth Art. of the Treaty of Utrecht, France and England agreed to -appoint commissioners to settle the boundary between their possessions -in that quarter, and those commissioners settled it at the 49th degree -of latitude. See Hutchinson's Topographical Description of Louisiana, p. -7. This it was which induced the British Commissioners, in settling the -boundary with us, to follow the northern water line to the Lake of the -Woods, at the latitude of 49°, and then go off on that parallel. This, -then, is the true northern boundary of Louisiana. - -The western boundary of Louisiana is, rightfully, the Rio Bravo, (its main -stream,) from its mouth to its source, and thence along the highlands -and mountains dividing the waters of the Mississippi from those of the -Pacific. The usurpations of Spain on the east side of that river, have -induced geographers to suppose the Puerco or Salado to be the boundary. -The line along the highlands stands on the charter of Louis XIV. that of -the Rio Bravo, on the circumstance that, when La Salle took possession -of the Bay of St. Bernard, Panuco was the nearest possession of Spain, -and the Rio Bravo the natural half-way boundary between them. - -On the waters of the Pacific, we can found no claim in right of Louisiana. -If we claim that country at all, it must be on Astor's settlement near -the mouth of the Columbia, and the principle of the _jus gentium_ of -America, that when a civilized nation takes possession of the mouth of -a river in a new country, that possession is considered as including -all its waters. - -The line of latitude of the southern source of the multnomat might be -claimed as appurtenant to Astoria. For its northern boundary, I believe -an understanding has been come to between our government and Russia, -which might be known from some of its members. I do not know it. - -Although the irksomeness of writing, which you may perceive from the -present letter, and its labor, oblige me now to withdraw from letter -writing, yet the wish that your map should set to rights the ideas of our -own countrymen, as well as foreign nations, as to our correct boundaries, -has induced me to make these suggestions, that you may bestow on them -whatever inquiry they may merit. I salute you with esteem and respect. - - -TO MRS. ADAMS. - - MONTICELLO, January 11, 1817. - -I owe you, dear Madam, a thousand thanks for the letters communicated -in your favor of December 15th, and now returned. They give me more -information than I possessed before, of the family of Mr. Tracy. But what -is infinitely interesting, is the scene of the exchange of Louis XVIII. -for Bonaparte. What lessons of wisdom Mr. Adams must have read in that -short space of time! More than fall to the lot of others in the course -of a long life. Man, and the man of Paris, under those circumstances, -must have been a subject of profound speculation! It would be a singular -addition to that spectacle, to see the same beast in the cage of St. -Helena, like a lion in the tower. That is probably the closing verse -of the chapter of his crimes. But not so with Louis. He has other -vicissitudes to go through. - -I communicated the letters, according to your permission, to my -grand-daughter, Ellen Randolph, who read them with pleasure and -edification. She is justly sensible of, and flattered by your kind -notice of her; and additionally so, by the favorable recollections of our -northern visiting friends. If Monticello has anything which has merited -their remembrance, it gives it a value the more in our estimation; and -could I, in the spirit of your wish, count backwards a score of years, -it would not be long before Ellen and myself would pay our homage -personally to Quincy. But those twenty years! Alas! where are they? With -those beyond the flood. Our next meeting must then be in the country to -which they have flown,--a country for us not now very distant. For this -journey we shall need neither gold nor silver in our purse, nor scrip, -nor coats, nor staves. Nor is the provision for it more easy than the -preparation has been kind. Nothing proves more than this, that the Being -who presides over the world is essentially benevolent. Stealing from -us, one by one, the faculties of enjoyment, searing our sensibilities, -leading us, like the horse in his mill, round and round the same beaten -circle, - - ----To see what we have seen, - To taste the tasted, and at each return - Less tasteful; o'er our palates to decant - Another vintage-- - -Until satiated and fatigued with this leaden iteration, we ask our own -_congé_. I heard once a very old friend, who had troubled himself with -neither poets nor philosophers, say the same thing in plain prose, that -he was tired of pulling off his shoes and stockings at night, and putting -them on again in the morning. The wish to stay here is thus gradually -extinguished; but not so easily that of returning once, in awhile, to see -how things have gone on. Perhaps, however, one of the elements of future -felicity is to be a constant and unimpassioned view of what is passing -here. If so, this may well supply the wish of occasional visits. Mercier -has given us a vision of the year 2440; but prophecy is one thing, and -history another. On the whole, however, perhaps it is wise and well to -be contented with the good things which the master of the feast places -before us, and to be thankful for what we have, rather than thoughtful -about what we have not. You and I, dear Madam, have already had more than -an ordinary portion of life, and more, too, of health than the general -measure. On this score I owe boundless thankfulness. Your health was, -some time ago, not so good as it has been; and I perceive in the letters -communicated, some complaints still. I hope it is restored; and that -life and health may be continued to you as many years as yourself shall -wish, is the sincere prayer of your affectionate and respectful friend. - - -TO JOHN ADAMS. - - MONTICELLO, January 11, 1817. - -DEAR SIR,--Forty-three volumes read in one year, and twelve of them -quarto! Dear Sir, how I envy you! Half a dozen octavos in that space -of time, are as much as I am allowed. I can read by candlelight only, -and stealing long hours from my rest; nor would that time be indulged -to me, could I by that light see to write. From sunrise to one or two -o'clock, and often from dinner to dark, I am drudging at the writing -table. And all this to answer letters into which neither interest nor -inclination on my part enters; and often from persons whose names I -have never before heard. Yet, writing civilly, it is hard to refuse -them civil answers. This is the burthen of my life, a very grievous one -indeed, and one which I must get rid of. Delaplaine lately requested me -to give him a line on the subject of his book; meaning, as I well knew, -to publish it. This I constantly refuse; but in this instance yielded, -that in saying a word for him, I might say two for myself. I expressed -in it freely my sufferings from this source; hoping it would have the -effect of an indirect appeal to the discretion of those, strangers and -others, who, in the most friendly dispositions, oppress me with their -concerns, their pursuits, their projects, inventions and speculations, -political, moral, religious, mechanical, mathematical, historical, &c., -&c., &c. I hope the appeal will bring me relief, and that I shall be -left to exercise and enjoy correspondence with the friends I love, and -on subjects which they, or my own inclinations present. In that case, -your letters shall not be so long on my files unanswered, as sometimes -they have been, to my great mortification. - -To advert now to the subjects of those of December the 12th and 16th. -Tracy's Commentaries on Montesquieu have never been published in the -original. Duane printed a translation from the original manuscript a -few years ago. It sold, I believe, readily, and whether a copy can now -be had, I doubt. If it can, you will receive it from my bookseller in -Philadelphia, to whom I now write for that purpose. Tracy comprehends, -under the word "Ideology," all the subjects which the French term -_Morale_, as the correlative to _Physique_. His works on Logic, -Government, Political Economy and Morality, he considers as making up the -circle of ideological subjects, or of those which are within the scope -of the understanding, and not of the senses. His Logic occupies exactly -the ground of Locke's work on the Understanding. The translation of that -on Political Economy is now printing; but it is no translation of mine. -I have only had the correction of it, which was, indeed, very laborious. -_Le premier jet_ having been by some one who understood neither French -or English, it was impossible to make it more than faithful. But it is -a valuable work. - -The result of your fifty or sixty years of religious reading, in the -four words, "Be just and good," is that in which all our inquiries must -end; as the riddles of all the priesthoods end in four more, "_ubi panis, -ibi deus_." What all agree in, is probably right. What no two agree in, -most probably wrong. One of our fan-coloring biographers, who paints -small men as very great, inquired of me lately, with real affection -too, whether he might consider as authentic, the change in my religion -much spoken of in some circles. Now this supposed that they knew what -had been my religion before, taking for it the word of their priests, -whom I certainly never made the confidants of my creed. My answer was, -"say nothing of my religion. It is known to my God and myself alone. -Its evidence before the world is to be sought in my life; if that has -been _honest and dutiful_ to society, the religion which has regulated -it cannot be a bad one." Affectionately adieu. - - -TO WILLIAM LEE, ESQ. - - MONTICELLO, January 16, 1817. - -DEAR SIR,--I received, three days ago, a letter from M. Martin, 2d Vice -President, and M. Parmantier, Secretary of "the French Agricultural -and Manufacturing Society," dated at Philadelphia the 5th instant. It -covered resolutions proposing to apply to Congress for a grant of two -hundred and fifty thousand acres of land on the Tombigbee, and stating -some of the general principles on which the society was to be founded; -and their letter requested me to trace for them the basis of a social -pact for the local regulations of their society, and to address the -answer to yourself, their 1st Vice President at Washington. No one can -be more sensible than I am of the honor of their confidence in me, so -flatteringly manifested in this resolution; and certainly no one can -feel stronger dispositions than myself to be useful to them, as well in -return for this great mark of their respect, as from feelings for the -situation of strangers, forced by the misfortunes of their native country -to seek another by adoption, so distant and so different from that in all -its circumstances. I commiserate the hardships they have to encounter, -and equally applaud the resolution with which they meet them, as well -as the principles proposed for their government. That their emigration -may be for the happiness of their descendants, I can believe; but from -the knowledge I have of the country they have left, and its state of -social intercourse and comfort, their own personal happiness will undergo -severe trial here. The laws, however, which must effect this must flow -from their own habits, their own feelings, and the resources of their -own minds. No stranger to these could possibly propose regulations -adapted to them. Every people have their own particular habits, ways of -thinking, manners, &c., which have grown up with them from their infancy -are become a part of their nature, and to which the regulations which -are to make them happy must be accommodated. No member of a foreign -country can have a sufficient sympathy with these. The institutions of -Lycurgus, for example, would not have suited Athens, nor those of Solon, -Lacedæmon. The organizations of Locke were impracticable for Carolina, -and those of Rousseau and Mably for Poland. Turning inwardly on myself -from these eminent illustrations of the truth of my observation, I feel -all the presumption it would manifest, should I undertake to do what this -respectable society is alone qualified to do suitably for itself. There -are some preliminary questions, too, which are particularly for their -own consideration. Is it proposed that this shall be a separate State? -or a county of a State? or a mere voluntary association, as those of the -Quakers, Dunkars, Menonists? A separate State it cannot be, because from -the tract it asks it would not be more than twenty miles square; and in -establishing new States, regard is had to a certain degree of equality -in size. If it is to be a county of a State, it cannot be governed by -its own laws, but must be subject to those of the State of which it is -a part. If merely a voluntary association, the submission of its members -will be merely voluntary also; as no act of coercion would be permitted -by the general law. These considerations must control the society, and -themselves alone can modify their own intentions and wishes to them. -With this apology for declining a task to which I am so unequal, I pray -them to be assured of my sincere wishes for their success and happiness, -and yourself particularly of my high consideration and esteem. - - -TO DOCTOR THOMAS HUMPHREYS. - - MONTICELLO, February 8, 1817. - -DEAR SIR,--Your favor of January 2d did not come to my hands until the -5th instant. I concur entirely in your leading principles of gradual -emancipation, of establishment on the coast of Africa, and the patronage -of our nation until the emigrants shall be able to protect themselves. The -subordinate details might be easily arranged. But the bare proposition of -purchase by the United States generally, would excite infinite indignation -in all the States north of Maryland. The sacrifice must fall on the States -alone which hold them; and the difficult question will be how to lessen -this so as to reconcile our fellow citizens to it. Personally I am ready -and desirous to make any sacrifice which shall ensure their gradual but -complete retirement from the State, and effectually, at the same time, -establish them elsewhere in freedom and safety. But I have not perceived -the growth of this disposition in the rising generation, of which I -once had sanguine hopes. No symptoms inform me that it will take place -in my day. I leave it, therefore, to time, and not at all without hope -that the day will come, equally desirable and welcome to us as to them. -Perhaps the proposition now on the carpet at Washington to provide an -establishment on the coast of Africa for voluntary emigrations of people -of color, may be the corner stone of this future edifice. Praying for -its completion as early as may most promote the good of all, I salute -you with great esteem and respect. - - -JOHN ADAMS TO THOMAS JEFFERSON. - - QUINCY, April 19, 1817. - -DEAR SIR,--My loving and beloved friend Pickering, has been pleased to -inform the world that I have "few friends." I wanted to whip the rogue, -and I had it in my power, if it had been in my will to do it, till the -blood came. But all my real friends, as I thought then, with Dexter and -Gray at their head, insisted "that I should not say a word; that nothing -that such a person could write would do me the least injury; that it -would betray the constitution and the government, if a President, out or -in, should enter into a newspaper controversy with one of his ministers, -whom he had removed from his office, in justification of himself for -that removal, or anything else;" and they talked a great deal about the -DIGNITY of the office of President, which I do not find that any other -person, public or private regards very much. - -Nevertheless, I fear that Mr. Pickering's information is too true. It -is impossible that any man should run such a gauntlet as I have been -driven through, and have many friends at last. This "all who know me -know," though I cannot say; who love me, tell. - -I have, however, either friends who wish to amuse and solace my old age, -or enemies who mean to heap coals of fire on my head, and kill me with -kindness; for they overwhelm me with books from all quarters, enough -to obfuscate all eyes, and smother and stifle all human understanding. -Chateaubriand, Grimm, Tucker, Dupuis, La Harpe, Sismondi, Eustace, a -new translation of Herodotus, by Bedloe, with more notes than text. -What should I do with all this lumber? I make my "woman-kind," as the -antiquary expresses it, read to me all the English, but as they will -not read the French, I am obliged to excruciate my eyes to read it -myself; and all to what purpose? I verily believe I was as wise and -good, seventy years ago, as I am now. At that period Lemuel Bryant was -my parish priest, and Joseph Cleverly my Latin schoolmaster. Lemuel was -a jolly, jocular, and liberal scholar and divine. Joseph a scholar and a -gentleman; but a bigoted Episcopalian, of the school of Bishop Saunders, -and Dr. Hicks,--a downright conscientious, passive obedience man, in -Church and State. The parson and the pedagogue lived much together, but -were eternally disputing about government and religion. One day, when -the schoolmaster had been more than commonly fanatical, and declared "if -he were a monarch, _he would have but one religion in his dominions_;" -the parson coolly replied, "Cleverly! you would be the best man in the -world if you had no religion." - -Twenty times in the course of my late reading have I been on the point of -breaking out, "This would be the best of all possible worlds, if there -were no religion in it!!!" But in this exclamation I should have been -as fanatical as Bryant or Cleverly. Without religion this world would -be something not fit to be mentioned in polite society, I mean hell. So -far from believing in the total and universal depravity of human nature, -I believe there is no individual totally depraved. The most abandoned -scoundrel that ever existed, never yet wholly extinguished his conscience, -and while conscience remains there is some religion. Popes, Jesuits, and -Sorbonists, and Inquisitors, have some conscience and some religion. So -had Marius and Sylla, Cæsar, Catiline and Antony; and Augustus had not -much more, let Virgil and Horace say what they will. - -What shall we think of Virgil and Horace, Sallust, Quintilian, Pliny, and -even Tacitus? and even Cicero, Brutus and Seneca? Pompey I leave out of -the question, as a mere politician and soldier. Every one of the great -creatures has left indelible marks of conscience, and consequently of -religion, though every one of them has left abundant proofs of profligate -violations of their consciences by their little and great passions and -paltry interests. - -The vast prospect of mankind, which these books have passed in review -before me, from the most ancient records, histories, traditions and -fables, that remain to us to the present day, has sickened my very soul, -and almost reconciled me to Swift's travels among the Yahoos; yet I never -can be a misanthrope--_Homo sum_. I must hate myself before I can hate -my fellow men; and that I cannot, and will not do. No! I will not hate -any of them, base, brutal, and devilish as some of them have been to me. - -From the bottom of my soul, I pity my fellow men. Fears and terrors -appear to have produced an universal credulity. Fears of calamities in -life, and punishments after death, seem to have possessed the souls of -all men. But fear of pain and death, here, do not seem to have been so -unconquerable, as fear of what is to come hereafter. Priests, Hierophants, -Popes, Despots, Emperors, Kings, Princes, Nobles, have been as credulous -as shoe-blacks, boots and kitchen scullions. The former seem to have -believed in their divine rights as sincerely as the latter. - -_Auto de feés_, in Spain and Portugal, have been celebrated with as -good faith as excommunications have been practised in Connecticut, or -as baptisms have been refused in Philadelphia. - -How is it possible that mankind should submit to be governed, as they -have been, is to me an inscrutable mystery. How they could bear to be -taxed to build the temple of Diana at Ephesus, the pyramids of Egypt, -Saint Peter's at Rome, Notre Dame at Paris, St. Paul's in London, with -a million et ceteras, when my navy yards and my quasi army made such a -popular clamor, I know not. Yet all my peccadillos never excited such -a rage as the late compensation law! - -I congratulate you on the late election in Connecticut. It is a kind of -epocha. Several causes have conspired. One which you would not suspect. -Some one, no doubt instigated by the devil, has taken it into his head -to print a new edition of the "Independent Whig," even in Connecticut, -and has scattered the volumes through the State. These volumes, it is -said, have produced a burst of indignation against priestcraft, bigotry -and intolerance, and in conjunction with other causes, have produced -the late election. - -When writing to you I never know when to subscribe, - - J. A. - - -TO JOHN ADAMS. - - MONTICELLO, May 5, 1817. - -DEAR SIR,--Absences and avocations had prevented my acknowledging your -favor of February the 2d, when that of April the 19th arrived. I had -not the pleasure of receiving the former by the hands of Mr. Lyman. -His business probably carried him in another direction; for I am far -inland, and distant from the great line of communication between the -trading cities. Your recommendations are always welcome, for indeed, -the subjects of them always merit that welcome, and some of them in -an extraordinary degree. They make us acquainted with what there is -excellent in our ancient sister State of Massachusetts, once venerated -and beloved, and still hanging on our hopes, for what need we despair -of after the resurrection of Connecticut to light and liberality. I -had believed that the last retreat of monkish darkness, bigotry, and -abhorrence of those advances of the mind which had carried the other -States a century ahead of them. They seemed still to be exactly where -their forefathers were when they schismatized from the covenant of works, -and to consider as dangerous heresies all innovations good or bad. I -join you, therefore, in sincere congratulations that this den of the -priesthood is at length broken up, and that a Protestant Popedom is no -longer to disgrace the American history and character. If by _religion_ -we are to understand _sectarian dogmas_, in which no two of them agree, -then your exclamation on that hypothesis is just, "that this would be -the best of all possible worlds, if there were no religion in it." But -if the moral precepts, innate in man, and made a part of his physical -constitution, as necessary for a social being, if the sublime doctrines -of philanthropism and deism taught us by Jesus of Nazareth, in which -all agree, constitute true religion, then, without it, this would be, -as you again say, "something not fit to be named, even indeed, a hell." - -You certainly acted wisely in taking no notice of what the malice of -Pickering could say of you. Were such things to be answered, our lives -would be wasted in the filth of fendings and provings, instead of -being employed in promoting the happiness and prosperity of our fellow -citizens. The tenor of your life is the proper and sufficient answer. It -is fortunate for those in public trust, that posterity will judge them -by their works, and not by the malignant vituperations and invectives -of the Pickerings and Gardiners of their age. After all, men of energy -of character must have enemies; because there are two sides to every -question, and taking one with decision, and acting on it with effect, -those who take the other will of course be hostile in proportion as -they feel that effect. Thus, in the revolution, Hancock and the Adamses -were the raw-head and bloody bones of tories and traitors who yet knew -nothing of you personally but what was good. I do not entertain your -apprehensions for the happiness of our brother Madison in a state of -retirement. Such a mind as his, fraught with information and with matter -for reflection, can never know _ennui_. Besides, there will always be -work enough cut out for him to continue his active usefulness to his -country. For example, he and Monroe (the President) are now here on the -work of a collegiate institution to be established in our neighborhood, -of which they and myself are three of six visitors. This, if it succeeds, -will raise up children for Mr. Madison to employ his attention through -life. I say if it succeeds; for we have two very essential wants in our -way, first, means to compass our views; and, second, men qualified to -fulfil them. And these, you will agree, are essential wants indeed. - -I am glad to find you have a copy of Sismondi, because his is a field -familiar to you, and on which you can judge him. His work is highly -praised, but I have not yet read it. I have been occupied and delighted -with reading another work, the title of which did not promise much -useful information or amusement, "_l'Italia avanti il dominio dei Romani -dal Micali_." It has often, you know, been a subject of regret, that -Carthage had no writer to give her side of her own history, while her -wealth, power and splendor, prove she must have had a very distinguished -policy and government. Micali has given the counterpart of the Roman -history, for the nations over which they extended their dominion. For -this he has gleaned up matter from every quarter, and furnished materials -for reflection and digestion to those who, thinking as they read, have -perceived that there was a great deal of matter behind the curtain, could -that be fully withdrawn. He certainly gives new views of a nation whose -splendor has masked and palliated their barbarous ambition. I am now -reading Botta's history of our own Revolution. Bating the ancient practice -which he has adopted, of putting speeches into mouths which never made -them, and fancying motives of action which we never felt, he has given -that history with more detail, precision and candor, than any writer I -have yet met with. It is, to be sure, compiled from those writers; but -it is a good secretion of their matter, the pure from the impure, and -presented in a just sense of right, in opposition to usurpation. - -Accept assurances for Mrs. Adams and yourself of my affectionate esteem -and respect. - - -TO DR. JOSEPHUS B. STUART. - - MONTICELLO, May 10, 1817. - -DEAR SIR,--Your favor of April 2d is duly received. I am very sensible of -the partiality with which you are so good as to review the course I have -held in public life, and I have also to be thankful to my fellow-citizens -for a like indulgence generally shown to my endeavors to be useful to -them. They give quite as much credit as is merited to the difficulties -supposed to attend the public administration. There are no mysteries in -it. Difficulties indeed sometimes arise; but common sense and honest -intentions will generally steer through them, and, where they cannot -be surmounted, I have ever seen the well-intentioned part of our fellow -citizens sufficiently disposed not to look for impossibilities. We all -know that a farm, however large, is not more difficult to direct than -a garden, and does not call for more attention or skill. - -I hope with you that the policy of our country will settle down with as -much navigation and commerce only as our own exchanges will require, and -that the disadvantage will be seen of our undertaking to carry on that -of other nations. This, indeed, may bring gain to a few individuals, and -enable them to call off from our farms more laborers to be converted into -lackeys and grooms for them, but it will bring nothing to our country -but wars, debt, and dilapidation. This has been the course of England, -and her examples have fearful influence on us. In copying her we do -not seem to consider that like premises induce like consequences. The -bank mania is one of the most threatening of these imitations. It is -raising up a monied aristocracy in our country which has already set the -government at defiance, and although forced at length to yield a little -on this first essay of their strength, their principles are unyielded -and unyielding. These have taken deep root in the hearts of that class -from which our legislators are drawn, and the sop to Cerberus from fable -has become history. Their principles lay hold of the good, their pelf -of the bad, and thus those whom the constitution had placed as guards -to its portals, are sophisticated or suborned from their duties. That -paper money has some advantages, is admitted. But that its abuses also -are inevitable, and, by breaking up the measure of value, makes a lottery -of all private property, cannot be denied. Shall we ever be able to put -a constitutional veto on it? - -You say I must go to writing history. While in public life I had not time, -and now that I am retired, I am past the time. To write history requires -a whole life of observation, of inquiry, of labor and correction. Its -materials are not to be found among the ruins of a decayed memory. At -this day I should begin where I ought to have left off. The "_solve senes -centem equum_," is a precept we learn in youth but for the practice of -age; and were I to disregard it, it would be but a proof the more of its -soundness. If anything has ever merited to me the respect of my fellow -citizens, themselves, I hope, would wish me not to lose it by exposing -the decay of faculties of which it was the reward. I must then, dear Sir, -leave to yourself and your brethren of the rising generation, to arraign -at your tribunal the actions of your predecessors, and to pronounce the -sentence they may have merited or incurred. If the sacrifices of that -age have resulted in the good of this, then all is well, and we shall -be rewarded by their approbation, and shall be authorized to say, "go -ye and do likewise." To yourself I tender personally the assurance of -my great esteem and respect. - - -TO MARQUIS DE LA FAYETTE. - - MONTICELLO, May 14, 1817. - -Although, dear Sir, much retired from the world, and meddling little -in its concerns, yet I think it almost a religious duty to salute at -times my old friends, were it only to say and to know that "all's well." -Our hobby has been politics; but all here is so quiet, and with you so -desperate, that little matter is furnished us for active attention. With -you too, it has long been forbidden ground, and therefore imprudent for a -foreign friend to tread, in writing to you. But although our speculations -might be intrusive, our prayers cannot but be acceptable, and mine are -sincerely offered for the well-being of France. What government she can -bear, depends not on the state of science, however exalted, in a select -band of enlightened men, but on the condition of the general mind. -That, I am sure, is advanced and will advance; and the last change of -government was fortunate, inasmuch as the new will be less obstructive -to the effects of that advancement. For I consider your foreign military -oppressions as an ephemeral obstacle only. - -Here all is quiet. The British war has left us in debt; but that is -a cheap price for the good it has done us. The establishment of the -necessary manufactures among ourselves, the proof that our government -is solid, can stand the shock of war, and is superior even to civil -schism, are precious facts for us; and of these the strongest proofs -were furnished, when, with four eastern States tied to us, as dead to -living bodies, all doubt was removed as to the achievements of the war, -had it continued. But its best effect has been the complete suppression -of party. The federalists who were truly American, and their great mass -was so, have separated from their brethren who were mere Anglomen, and -are received with cordiality into the republican ranks. Even Connecticut, -as a State, and the last one expected to yield its steady habits (which -were essentially bigoted in politics as well as religion), has chosen a -republican governor, and republican legislature. Massachusetts indeed -still lags; because most deeply involved in the parricide crimes and -treasons of the war. But her gangrene is contracting, the sound flesh -advancing on it, and all there will be well. I mentioned Connecticut as -the most hopeless of our States. Little Delaware had escaped my attention. -That is essentially a Quaker State, the fragment of a religious sect -which, there, in the other States, in England, are a homogeneous mass, -acting with one mind, and that directed by the mother society in England. -Dispersed, as the Jews, they still form, as those do, one nation, foreign -to the land they live in. They are Protestant Jesuits, implicitly devoted -to the will of their superior, and forgetting all duties to their country -in the execution of the policy of their order. When war is proposed with -England, they have religious scruples; but when with France, these are -laid by, and they become clamorous for it. They are, however, silent, -passive, and give no other trouble than of whipping them along. Nor is -the election of Monroe an inefficient circumstance in our felicities. -Four and twenty years, which he will accomplish, of administration in -republican forms and principles, will so consecrate them in the eyes of -the people as to secure them against the danger of change. The evanition -of party dissensions has harmonized intercourse, and sweetened society -beyond imagination. The war then has done us all this good, and the -further one of assuring the world, that although attached to peace from -a sense of its blessings, we will meet war when it is made necessary. - -I wish I could give better hopes of our southern brethren. The achievement -of their independence of Spain is no longer a question. But it is a very -serious one, what will then become of them? Ignorance and bigotry, like -other insanities, are incapable of self-government. They will fall under -military despotism, and become the murderous tools of the ambition of -their respective Bonapartes; and whether this will be for their greater -happiness, the rule of one only has taught you to judge. No one, I hope, -can doubt my wish to see them and all mankind exercising self-government, -and capable of exercising it. But the question is not what we wish, -but what is practicable? As their sincere friend and brother then, I do -believe the best thing for them, would be for themselves to come to an -accord with Spain, under the guarantee of France, Russia, Holland, and -the United States, allowing to Spain a nominal supremacy, with authority -only to keep the peace among them, leaving them otherwise all the powers -of self-government, until their experience in them, their emancipation -from their priests, and advancement in information, shall prepare them for -complete independence. I exclude England from this confederacy, because -her selfish principles render her incapable of honorable patronage or -disinterested co-operation; unless, indeed, what seems now probable, a -revolution should restore to her an honest government, one which will -permit the world to live in peace. Portugal grasping at an extension -of her dominion in the south, has lost her great northern province of -Pernambuco, and I shall not wonder if Brazil should revolt in mass, and -send their royal family back to Portugal. Brazil is more populous, more -wealthy, more energetic, and as wise as Portugal. I have been insensibly -led, my dear friend, while writing to you, to indulge in that line of -sentiment in which we have been always associated, forgetting that these -are matters not belonging to my time. Not so with you, who have still -many years to be a spectator of these events. That these years may indeed -be many and happy, is the sincere prayer of your affectionate friend. - - -JOHN ADAMS TO THOMAS JEFFERSON. - - QUINCY, May 18, 1817. - -DEAR SIR,--Lyman was mortified that he could not visit Monticello. He -is gone to Europe a second time. I regret that he did not see you, he -would have executed any commission for you in the literary line, at any -pain or any expense. I have many apprehensions for his health, which is -very delicate and precarious, but he is seized with the mania of all -our young clerical spirits for foreign travel; I fear they will lose -more than they acquire, they will lose that unadulterated enthusiasm for -their native country, which has produced the greatest characters among -us. - -Oh! Lord! Do you think that Protestant Popedom is annihilated in America? -Do you recollect, or have you ever attended to the ecclesiastical strifes -in Maryland, Pennsylvania, New York, and every part of New England? What -a mercy it is that these people cannot whip, and crop, and pillory, -and roast, _as yet_ in the United States! If they could, they would. -Do you know the General of the Jesuits, and consequently all his host, -have their eyes on this country? Do you know that the Church of England -is employing more means and more art, to propagate their demi-popery -among us, than ever? Quakers, Anabaptists, Moravians, Swedenborgians, -Methodists, Unitarians, Nothingarians in all Europe are employing -underhand means to propagate their sectarian system in these States. - -The multitude and diversity of them, you will say, is our security against -them all. God grant it. But if we consider that the Presbyterians and -Methodists are far the most numerous and the most likely to unite, let -a George Whitefield arise, with a military cast, like Mahomet or Loyola, -and what will become of all the other sects who can never unite? - -My friends or enemies continue to overwhelm me with books. Whatever may -be their intention, charitable or otherwise, they certainly contribute -to continue me to vegetate, much as I have done for the sixteen years -last past. - -Sir John Malcolm's history of Persia, and Sir William Jones' works, are -now poured out upon me, and a little cargo is coming from Europe. What -can I do with all this learned lumber? Is it necessary to salvation to -investigate all these Cosmogonies and Mythologies? Are Bryant, Gebelin, -Dupuis, or Sir William Jones, right? What a frown upon mankind was the -premature death of Sir William Jones! Why could not Jones and Dupuis -have conversed or corresponded with each other? Had Jones read Dupuis, -or Dupuis Jones, the works of both would be immensely improved, though -each would probably have adhered to his system. - -I should admire to see a counsel composed of Gebelin, Bryant, Jones and -Dupuis. Let them live together and compare notes. The human race ought -to contribute to furnish them with all the books in the Universe, and -the means of subsistence. - -I am not expert enough in Italian to read Botta, and I know not that -he has been translated. Indeed, I have been so little satisfied with -histories of the American revolution, that I have long since ceased to -read them. The truth is lost, in adulatory panegyrics, and in vituperary -insolence. I wish you, Mr. Madison, and Mr. Monroe, success in your -collegiate institution. And I wish that superstition in religion, exciting -superstition in politics, and both united in directing military force, -alias glory, may never blow up all your benevolent and philanthropic -lucubrations. But the history of all ages is against you. - -It is said that no effort in favor of virtue is ever lost. I doubt whether -it was ever true; whether it is now true; but hope it will be true. In -the moral government of the world, no doubt it was, is, and ever will -be true; but it has not yet appeared to be true on this earth. - -I am, Sir, sincerely your friend. - -P. S. Have you seen the Philosophy of Human Nature, and the History of -the War in the western States, from Kentucky? How vigorously science -and literature spring up, as well as patriotism and heroism, in -transalleganian regions? Have you seen Wilkinson's history? &c., &c. - - -JOHN ADAMS TO THOMAS JEFFERSON. - - QUINCY, May 26, 1817. - -DEAR SIR,--Mr. Leslie Combes of Kentucky has sent me a history of the -late war, in the western country, by Mr. Robert B. M'Siffee, and the -Philosophy of Human Nature, by Joseph Buchanan. The history I am glad -to see, because it will preserve facts to the honor and immortal glory -of the western people. Indeed, I am not sorry that the Philosophy has -been published, because it has been a maxim with me for sixty years at -least, never to be afraid of a book. - -Nevertheless, I cannot foresee much utility in reviewing, in this -country, the controversy between the Spiritualists and the Materialists. -Why should time be wasted in disputing about two substances, when both -parties agree that neither knows anything about either. - -If spirit is an abstraction, a conjecture, a chimera; matter is an -abstraction, a conjecture, a chimera; for we know as much, or rather as -little, about one as the other. We may read Cudworth, Le Clerc, Leibnitz, -Berkley, Hume, Bolingbroke and Priestley, and a million other volumes in -all ages, and be obliged at last to confess that we have learned nothing. -Spirit and matter still remain riddles. Define the terms, however, and -the controversy is soon settled. If spirit is an active something, and -matter an inactive something, it is certain that one is not the other. We -can no more conceive that extension, or solidity, can think, or feel, or -see, or hear, or taste, or smell; than we can conceive that perception, -memory, imagination, or reason, can remove a mountain, or blow a rock. -This enigma has puzzled mankind from the beginning, and probably will -to the end. Economy of time requires that we should waste no more in so -idle an amusement. - -In the eleventh discourse of Sir William Jones, before the Asiatic -Society, vol. iii., page 229, of his works, we find that Materialists -and Immaterialists existed in India, and that they accused each other of -atheism, before Berkley, or Priestley, or Dupuis, or Plato, or Pythagoras, -were born. - -Indeed, Newton himself appears to have discovered nothing that was -not known to the ancient Indians. He has only furnished more complete -demonstrations of the doctrines they taught. Sir John Malcolm agrees -with Jones and Dupuis, in the Astrological origin of heathen mythologies. -Vain man! mind your own business! Do no wrong;--do all the good you can! -Eat your canvas-back ducks! Drink your Burgundy! Sleep your siesta when -necessary, and TRUST IN GOD! - -What a mighty bubble, what a tremendous waterspout, has Napoleon been, -according to his life, written by himself! He says he was the creature -of the principles and manners of the age; by which, no doubt, he means -the age of Reason; the progress of Manilius' Ratio, of Plato's Logos, -&c. I believe him. A whirlwind raised him, and a whirlwind blowed him -away to St. Helena. He is very confident that the age of Reason is not -past, and so am I; but I hope that Reason will never again rashly and -hastily create such creatures as him. Liberty, equality, fraternity, -and humanity, will never again, I hope, blindly surrender themselves -to an unbounded ambition for national conquests, nor implicitly commit -themselves to the custody and guardianship of arms and heroes. If they -do, they will again end in St. Helena, Inquisitions, Jesuits, and _sacre -liques_. - -Poor Laureate Southey is writhing in torments under the laugh of the -three kingdoms, all Europe, and America, upon the publication of his "Wat -Tyler." I wonder whether he or Bonaparte suffers most. I congratulate -you, and Madison, and Monroe, on your noble employment in founding a -university. From such a noble Triumvirate, the world will expect something -very great and very new; but if it contains anything quite original, and -very excellent, I fear the prejudices are too deeply rooted to suffer -it to last long, though it may be accepted at first. It will not always -have three such colossal reputations to support it. - -The Pernambuco Ambassador, his Secretary of legation, and private -Secretary, respectable people, have made me a visit. Having been some -year or two in a similar situation, I could not but sympathize with him. -As Bonaparte says, the age of Reason is not ended. Nothing can totally -extinguish, or eclipse the light which has been shed abroad by the press. - -I am, Sir, with hearty wishes for your health and happiness, your friend -and humble servant. - - -TO DOCTOR JOHN MANNERS. - - MONTICELLO, June 12, 1817. - -SIR,--Your favor of May 20th has been received some time since, but the -increasing inertness of age renders me slow in obeying the calls of the -writing-table, and less equal than I have been to its labors. - -My opinion on the right of Expatriation has been, so long ago as the -year 1776, consigned to record in the act of the Virginia code, drawn -by myself, recognizing the right expressly, and prescribing the mode of -exercising it. The evidence of this natural right, like that of our right -to life, liberty, the use of our faculties, the pursuit of happiness, -is not left to the feeble and sophistical investigations of reason, but -is impressed on the sense of every man. We do not claim these under the -charters of kings or legislators, but under the King of kings. If he -has made it a law in the nature of man to pursue his own happiness, he -has left him free in the choice of place as well as mode; and we may -safely call on the whole body of English jurists to produce the map on -which Nature has traced, for each individual, the geographical line -which she forbids him to cross in pursuit of happiness. It certainly -does not exist in his mind. Where, then, is it? I believe, too, I might -safely affirm, that there is not another nation, civilized or savage, -which has ever denied this natural right. I doubt if there is another -which refuses its exercise. I know it is allowed in some of the most -respectable countries of continental Europe, nor have I ever heard of -one in which it was not. How it is among our savage neighbors, who have -no law but that of Nature, we all know. - -Though long estranged from legal reading and reasoning, and little -familiar with the decisions of particular judges, I have considered that -respecting the obligation of the common law in this country as a very -plain one, and merely a question of document. If we are under that law, -the document which made us so can surely be produced; and as far as this -can be produced, so far we are subject to it, and farther we are not. Most -of the States did, I believe, at an early period of their legislation, -adopt the English law, common and statute, more or less in a body, as -far as localities admitted of their application. In these States, then, -the common law, so far as adopted, is the _lex-loci_. Then comes the law -of Congress, declaring that what is law in any State, shall be the rule -of decision in their courts, as to matters arising within that State, -except when controlled by their own statutes. But this law of Congress -has been considered as extending to civil cases only; and that no such -provision has been made for criminal ones. A similar provision, then, -for criminal offences, would, in like manner, be an adoption of more or -less of the common law, as part of the _lex-loci_, where the offence -is committed; and would cover the whole field of legislation for the -general government. I have turned to the passage you refer to in Judge -Cooper's Justinian, and should suppose the general expressions there -used would admit of modifications conformable to this doctrine. It would -alarm me indeed, in any case, to find myself entertaining an opinion -different from that of a judgment so accurately organized as his. But I -am quite persuaded that, whenever Judge Cooper shall be led to consider -that question simply and nakedly, it is so much within his course of -thinking, as liberal as logical, that, rejecting all blind and undefined -obligation, he will hold to the positive and explicit precepts of the -law alone. Accept these hasty sentiments on the subjects you propose, -as hazarded in proof of my great esteem and respect. - - -TO BARON HUMBOLDT. - - MONTICELLO, June 13, 1817. - -DEAR SIR,--The receipt of your Distributio Geographica Plantarum, with -the duty of thanking you for a work which sheds so much new and valuable -light on botanical science, excites the desire, also, of presenting -myself to your recollection, and of expressing to you those sentiments -of high admiration and esteem, which, although long silent, have never -slept. The physical information you have given us of a country hitherto so -shamefully unknown, has come exactly in time to guide our understandings -in the great political revolution now bringing it into prominence on the -stage of the world. The issue of its struggles, as they respect Spain, -is no longer matter of doubt. As it respects their own liberty, peace and -happiness, we cannot be quite so certain. Whether the blinds of bigotry, -the shackles of the priesthood, and the fascinating glare of rank and -wealth, give fair play to the common sense of the mass of their people, -so far as to qualify them for self-government, is what we do not know. -Perhaps our wishes may be stronger than our hopes. The first principle -of republicanism is, that the _lex-majoris partis_ is the fundamental law -of every society of individuals of equal rights; to consider the will of -the society enounced by the majority of a single vote, as sacred as if -unanimous, is the first of all lessons in importance, yet the last which -is thoroughly learnt. This law once disregarded, no other remains but -that of force, which ends necessarily in military despotism. This has -been the history of the French revolution, and I wish the understanding -of our Southern brethren may be sufficiently enlarged and firm to see -that their fate depends on its sacred observance. - -In our America we are turning to public improvements. Schools, roads, -and canals, are everywhere either in operation or contemplation. The -most gigantic undertaking yet proposed, is that of New York, for drawing -the waters of Lake Erie into the Hudson. The distance is 353 miles, -and the height to be surmounted 661 feet. The expense will be great, -but its effect incalculably powerful in favor of the Atlantic States. -Internal navigation by steamboats is rapidly spreading through all our -States, and that by sails and oars will ere long be looked back to as -among the curiosities of antiquity. We count much, too, on its efficacy -for harbor defence; and it will soon be tried for navigation by sea. -We consider the employment of the contributions which our citizens can -spare, after feeding, and clothing, and lodging themselves comfortably, -as more useful, more moral, and even more splendid, than that preferred -by Europe, of destroying human life, labor and happiness. - -I write this letter without knowing where it will find you. But wherever -that may be, I am sure it will find you engaged in something instructive -for man. If at Paris, you are of course in habits of society with Mr. -Gallatin, our worthy, our able, and excellent minister, who will give -you, from time to time, the details of the progress of a country in -whose prosperity you are so good as to feel an interest, and in which -your name is revered among those of the great worthies of the world. God -bless you, and preserve you long to enjoy the gratitude of your fellow -men, and to be blessed with honors, health and happiness. - - -TO M. DE MARBOIS. - - MONTICELLO, June 14, 1817. - -I thank you, dear Sir, for the copy of the interesting narrative of -the Complet d'Arnold, which you have been so kind as to send me. It -throws light on that incident of history which we did not possess -before. An incident which merits to be known, as a lesson to mankind, -in all its details. This mark of your attention recalls to my mind the -earlier period of life at which I had the pleasure of your personal -acquaintance, and renews the sentiments of high respect and esteem -with which that acquaintance inspired me. I had not failed to accompany -your personal sufferings during the civil convulsions of your country, -and had sincerely sympathized with them. An awful period, indeed, has -passed in Europe since our first acquaintance. When I left France at the -close of '89, your revolution was, as I thought, under the direction of -able and honest men. But the madness of some of their successors, the -vices of others, the malicious intrigues of an envious and corrupting -neighbor, the tracasserie of the Directory, the usurpations, the havoc, -and devastations of your Attila, and the equal usurpations, depredations -and oppressions of your hypocritical deliverers, will form a mournful -period in the history of man, a period of which the last chapter will not -be seen in your day or mine, and one which I still fear is to be written -in characters of blood. Had Bonaparte reflected that such is the moral -construction of the world, that no national crime passes unpunished in -the long run, he would not now be in the cage of St. Helena; and were -your present oppressors to reflect on the same truth, they would spare -to their own countries the penalties on their present wrongs which will -be inflicted on them on future times. The seeds of hatred and revenge -which they are now sowing with a large hand, will not fail to produce -their fruits in time. Like their brother robbers on the highway, they -suppose the escape of the moment a final escape, and deem infamy and -future risk countervailed by present gain. Our lot has been happier. -When you witnessed our first struggles in the war of independence, you -little calculated, more than we did, on the rapid growth and prosperity -of this country; on the practical demonstration it was about to exhibit, -of the happy truth that man is capable of self-government, and only -rendered otherwise by the moral degradation designedly superinduced on -him by the wicked acts of his tyrants. - -I have much confidence that we shall proceed successfully for ages to -come, and that, contrary to the principle of Montesquieu, it will be -seen that the larger the extent of country, the more firm its republican -structure, if founded, not on conquest, but in principles of compact and -equality. My hope of its duration is built much on the enlargement of the -resources of life going hand in hand with the enlargement of territory, -and the belief that men are disposed to live honestly, if the means of -doing so are open to them. With the consolation of this belief in the -future result of our labors, I have that of other prophets who foretell -distant events, that I shall not live to see it falsified. My theory -has always been, that if we are to dream, the flatteries of hope are as -cheap, and pleasanter than the gloom of despair. I wish to yourself a -long life of honors, health and happiness. - - -TO ALBERT GALLATIN. - - MONTICELLO, June 16, 1817. - -DEAR SIR,--The importance that the enclosed letters should safely reach -their destination, impels me to avail myself of the protection of your -cover. This is an inconvenience to which your situation exposes you, -while it adds to the opportunities of exercising yourself in works of -charity. - -According to the opinion I hazarded to you a little before your -departure, we have had almost an entire change in the body of Congress. -The unpopularity of the compensation law was completed, by the manner -of repealing it as to all the world except themselves. In some States, -it is said, every member is changed; in all, many. What opposition there -was to the original law, was chiefly from southern members. Yet many of -those have been left out, because they received the advanced wages. I -have never known so unanimous a sentiment of disapprobation; and what -is remarkable is, that it was spontaneous. The newspapers were almost -entirely silent, and the people not only unled by their leaders, but -in opposition to them. I confess I was highly pleased with this proof -of the innate good sense, the vigilance, and the determination of the -people to act for themselves. - -Among the laws of the late Congress, some were of note; a navigation -act, particularly, applicable to those nations only who have navigation -acts; pinching one of them especially, not only in the general way, but -in the intercourse with her foreign possessions. This part may re-act -on us, and it remains for trial which may bear longest. A law respecting -our conduct as a neutral between Spain and her contending colonies, was -passed by a majority of one only, I believe, and against the very general -sentiment of our country. It is thought to strain our complaisance to -Spain beyond her right or merit, and almost against the right of the -other party, and certainly against the claims they have to our good -wishes and neighborly relations. That we should wish to see the people -of other countries free, is as natural, and at least as justifiable, as -that one King should wish to see the Kings of other countries maintained -in their despotism. Right to both parties, innocent favor to the juster -cause, is our proper sentiment. - -You will have learned that an act for internal improvement, after passing -both Houses, was negatived by the President. The act was founded, -avowedly, on the principle that the phrase in the constitution which -authorizes Congress "to lay taxes, to pay the debts and provide for the -general welfare," was an extension of the powers specifically enumerated -to whatever would promote the general welfare; and this, you know, was -the federal doctrine. Whereas, our tenet ever was, and, indeed, it is -almost the only landmark which now divides the federalists from the -republicans, that Congress had not unlimited powers to provide for the -general welfare, but were restrained to those specifically enumerated; -and that, as it was never meant they should provide for that welfare but -by the exercise of the enumerated powers, so it could not have been meant -they should raise money for purposes which the enumeration did not place -under their action; consequently, that the specification of powers is a -limitation of the purposes for which they may raise money. I think the -passage and rejection of this bill a fortunate incident. Every State will -certainly concede the power; and this will be a national confirmation -of the grounds of appeal to them, and will settle forever the meaning of -this phrase, which, by a mere grammatical quibble, has countenanced the -General Government in a claim of universal power. For in the phrase, "to -lay taxes, to pay the debts and provide for the general welfare," it is a -mere question of syntax, whether the two last infinitives are governed by -the first or are distinct and co-ordinate powers; a question unequivocally -decided by the exact definition of powers immediately following. It is -fortunate for another reason, as the States, in conceding the power, -will modify it, either by requiring the federal ratio of expense in each -State, or otherwise, so as to secure us against its partial exercise. -Without this caution, intrigue, negotiation, and the barter of votes -might become as habitual in Congress, as they are in those legislatures -which have the appointment of officers, and which, with us, is called -"logging," the term of the farmers for their exchanges of aid in rolling -together the logs of their newly-cleared grounds. Three of our papers -have presented us the copy of an act of the legislature of New York, -which, if it has really passed, will carry us back to the times of the -darkest bigotry and barbarism, to find a parallel. Its purport is, that -all those who shall _hereafter_ join in communion with the religious -sect of Shaking Quakers, shall be deemed civilly dead, their marriages -dissolved, and all their children and property taken out of their -hands. This act being published nakedly in the papers, without the usual -signatures, or any history of the circumstances of its passage, I am not -without a hope it may have been a mere abortive attempt. It contrasts -singularly with a cotemporary vote of the Pennsylvania legislature, who, -on a proposition to make the belief in God a necessary qualification for -office, rejected it by a great majority, although assuredly there was -not a single atheist in their body. And you remember to have heard, that -when the act for religious freedom was before the Virginia Assembly, a -motion to insert the name of Jesus Christ before the phrase, "the author -of our holy religion," which stood in the bill, was rejected, although -that was the creed of a great majority of them. - -I have been charmed to see that a Presidential election now produces -scarcely any agitation. On Mr. Madison's election there was little, -on Monroe's all but none. In Mr. Adams' time and mine, parties were so -nearly balanced as to make the struggle fearful for our peace. But since -the decided ascendency of the republican body, federalism has looked on -with silent but unresisting anguish. In the middle, southern and western -States, it is as low as it ever can be; for nature has made some men -monarchists and tories by their constitution, and some, of course, there -always will be. - - * * * * * - -We have had a remarkably cold winter. At Hallowell, in Maine, the mercury -was at thirty-four degrees below zero, of Fahrenheit, which is sixteen -degrees lower than it was in Paris in 1788-9. Here it was at six degrees -above zero, which is our greatest degree of cold. - -Present me respectfully to Mrs. Gallatin, and be assured of my constant -and affectionate friendship. - - -TO MR. ADAMS. - - POPLAR FOREST, September 8, 1817. - -DEAR SIR,--A month's absence from Monticello has added to the delay of -acknowledging your last letters, and indeed for a month before I left it, -our projected college gave me constant employment; for, being the only -visitor in its immediate neighborhood, all its administrative business -falls on me, and that, where building is going on, is not a little. In -yours of July 15th, you express a wish to see our plan, but the present -visitors have sanctioned no plan as yet. Our predecessors, the first -trustees, had desired me to propose one to them, and it was on that -occasion I asked and received the benefit of your ideas on the subject. -Digesting these with such other schemes as I had been able to collect, I -made out a prospectus, the looser and less satisfactory from the uncertain -amount of the funds to which it was to be adapted. This I addressed, in -the form of a letter, to their President, Peter Carr, which, going before -the legislature when a change in the constitution of the college was -asked, got into the public papers, and, among others, I think you will -find it in Niles' Register, in the early part of 1815. This, however, -is to be considered but as a _premiere ebauche_, for the consideration -and amendment of the present visitors, and to be accommodated to one of -two conditions of things. If the institution is to depend on private -donations alone, we shall be forced to accumulate on the shoulders of -four professors a mass of sciences which, if the legislature adopts it, -should be distributed among ten. We shall be ready for a professor of -languages in April next, for two others the following year, and a fourth -a year after. How happy should we be if we could have a Ticknor for our -first. A critical classic is scarcely to be found in the United States. -To this professor, a fixed salary of five hundred dollars, with liberal -tuition fees from the pupils, will probably give two thousand dollars a -year. We are now on the look-out for a professor, meaning to accept of -none but of the very first order. - -You ask if I have seen Buchanan's, McAfee's, or Wilkinson's books? -I have seen none of them, but have lately read, with great pleasure, -Reid & Eaton's life of Jackson, if life may be called what is merely a -history of his campaign of 1814. Reid's part is well written. Eaton's -continuation is better for its matter than style. The whole, however, -is valuable. - -I have lately received a pamphlet of extreme interest from France. It -is De Pradt's Historical Recital of the first return of Louis XVIII. to -Paris. It is precious for the minutiæ of the proceedings which it details, -and for their authenticity, as from an eye-witness. Being but a pamphlet -I enclose it for your perusal, assured, if you have not seen it, that it -will give you pleasure. I will ask its return, because I value it as a -morsel of genuine history, a thing so rare as to be always valuable. I -have received some information from an eye-witness also of what passed on -the occasion of the second return of Louis XVIII. The Emperor Alexander, -it seems, was solidly opposed to this. In the consultation of the allied -sovereigns and their representatives with the executive council at Paris, -he insisted that the Bourbons were too incapable and unworthy of being -placed at the head of the nation; declared he would support any other -choice they should freely make, and continued to urge most strenuously -that some other choice should be made. The debates ran high and warm, -and broke off after midnight, every one retaining his own opinion. He -lodged, as you know, at Talleyrand's. When they returned into council -the next day, his host had overcome his firmness. Louis XVIII. was -accepted, and through the management of Talleyrand, accepted without any -capitulation, although the sovereigns would have consented that he should -be first required to subscribe and swear to the constitution prepared, -before permission to enter the kingdom. It would seem as if Talleyrand -had been afraid to admit the smallest interval of time, lest a change of -mind would bring back Bonaparte on them. But I observe that the friends -of a limited monarchy there consider the popular representation as much -improved by the late alteration, and confident it will in the end produce -a fixed government in which an elective body, fairly representative of -the people, will be an efficient element. - -I congratulate Mrs. Adams and yourself on the return of your excellent -and distinguished son, and our country still more on such a minister of -their foreign affairs; and I renew to both the assurance of my high and -friendly respect and esteem. - - -TO GEORGE FLOWER. - - POPLAR FOREST, September 12, 1817. - -DEAR SIR,--Your favor of August 12th was yesterday received at this -place, and I learn from it with pleasure that you have found a tract of -country which will suit you for settlement. To us your first purchase -would have been more gratifying, by adding yourself and your friends -to our society; but the overruling consideration, with us as with you, -is your own advantage, and as it would doubtless be a great comfort to -you to have your ancient neighbors and friends settled around you. I -sincerely wish that your proposition to "purchase a tract of land in the -Illinois on favorable terms, for introducing a colony of English farmers," -may encounter no difficulties from the established rules of our land -department. The general law prescribes an open sale, where all citizens -may compete on an equal footing for any lot of land which attracts their -choice. To dispense with this in any particular case, requires a special -law of Congress, and to special legislation we are generally averse, -lest a principle of favoritism should creep in and pervert that of equal -rights. It has, however, been done on some occasions where a special -national advantage has been expected to overweigh that of adherence to -the general rule. The promised introduction of the culture of the vine -procured a special law in favor of the Swiss settlement on the Ohio. -That of the culture of oil, wine and other southern productions, did -the same lately for the French settlement on the Tombigbee. It remains -to be tried whether that of an improved system of farming, interesting -to so great a proportion of our citizens, may not also be thought worth -a dispensation with the general rule. This I suppose is the principal -ground on which your proposition will be questioned. For although as -to other foreigners it is thought better to discourage their settling -together in large masses, wherein, as in our German settlements, they -preserve for a long time their own languages, habits, and principles of -government, and that they should distribute themselves sparsely among -the natives for quicker amalgamation. Yet English emigrants are without -this inconvenience. They differ from us little but in their principles -of government, and most of those (merchants excepted) who come here, -are sufficiently disposed to adopt ours. What the issue, however, of -your proposition may probably be, I am less able to advise you than many -others; for during the last eight or ten years I have no knowledge of the -administration of the land office or the principles of its government. -Even the persons on whom it will depend are all changed within that -interval, so as to leave me small means of being useful to you. Whatever -they may be, however, they shall be freely exercised for your advantage, -and that, not on the selfish principle of increasing our own population at -the expense of other nations, for the additions to that from emigration -are but as a drop in a bucket to those by natural procreation, but to -consecrate a sanctuary for those whom the misrule of Europe may compel -to seek happiness in other climes. This refuge once known will produce -reaction on the happiness even of those who remain there, by warning -their task-masters that when the evils of Egyptian oppression become -heavier than those of the abandonment of country, another Canaan is open -where their subjects will be received as brothers, and secured against -like oppressions by a participation in the right of self-government. If -additional motives could be wanting with us to the maintenance of this -right, they would be found in the animating consideration that a single -good government becomes thus a blessing to the whole earth, its welcome -to the oppressed restraining within certain limits the measure of their -oppressions. But should even this be counteracted by violence on the -right of expatriation, the other branch of our example then presents -itself for imitation, to rise on their rulers and do as we have done. You -have set to your own country a good example, by showing them a peaceable -mode of reducing their rulers to the necessity of becoming more wise, -more moderate, and more honest, and I sincerely pray that the example -may work for the benefit of those who cannot follow it, as it will for -your own. - -With Mr. Burckbeck, the associate of your late explanatory journeying, -I have not the happiness of personal acquaintance; but I know him -through his narrative of your journeyings together through France. The -impressions received from that, give me confidence that a participation -with yourself in assurances of the esteem and respect of a stranger -will not be unacceptable to him, and the less when given through you -and associated with those to yourself. - - -JOHN ADAMS TO THOMAS JEFFERSON. - - QUINCY, October 10, 1817. - -DEAR SIR,--I thank you for your kind congratulations on the return of -my little family from Europe. To receive them all in fine health and -good spirits, after so long an absence, was a greater blessing than at -my time of life when they went away, I had any right to hope, or reason -to expect. - -If the Secretary of State can give satisfaction to his fellow-citizens in -his new office, it will be a source of consolation to me while I live; -although it is not probable that I shall long be a witness of his good -success, or ill success. I shall soon be obliged to say to him, and to -you, and to your country and mine, God bless you all! Fare-thee-well! -Indeed, I need not wait a moment. I can say all that now, with as good -a will, and as clear a conscience, as at any time past, or future. - -I thank you, also, for the loan of De Pradt's narration of the intrigues, -at the second restoration of the Bourbons. In this, as in many other -instances, is seen the influence of a single subtle mind, and a trifling -accident, in deciding the fate of mankind for ages. De Pradt and -Talleyrand were well associated. - -I have ventured to send the pamphlet to Washington with a charge to return -it to you. The French have a King, a chamber of Peers, and a chamber of -Deputies. _Voila! les ossimens_ of a constitution of a limited monarchy; -and of a good one, provided the bones are united by good joints, and -knitted together by strong tendons. But where does the sovereignty reside? -Are the three branches sufficiently defined? A fair representation of the -body of the people by elections, sufficiently frequent, is essential to -a free government; but if the Commons cannot make themselves respected -by the Peers, and the King, they can do no good, nor prevent any evil. - -Can any organization of government secure public and private liberty -without a general or universal freedom, without license, or licentiousness -of thinking, speaking, and writing. Have the French such freedom? Will -their religion, or policy, allow it? - -When I think of liberty, and a free government, in an ancient, opulent, -populous, and commercial empire, I fear I shall always recollect a fable -of Plato. - -Love is a son of the god of riches, and the goddess of poverty. He -inherits from his father the intrepidity of his courage, the enthusiasm -of his thoughts, his generosity, his prodigality, his confidence in -himself, the opinion of his own merit, the impatience to have always the -preference; but he derives from his mother that indigence which makes -him always a beggar; that importunity with which he demands everything; -that timidity which sometimes hinders him from daring to ask anything; -that disposition which he has to servitude, and that dread of being -despised, which he can never overcome. - -Such is Love according to Plato. Who calls him a demon? And such is -liberty in France, and England, and all other great, rich, old, corrupted -commercial nations. The opposite qualities of the father and mother are -perpetually tearing to pieces himself and his friends as well as his -enemies. - -Mr. Monroe has got the universal character among all our common people -of "A very smart man." And verily I am of the same mind. I know not -another who could have executed so great a plan so cleverly. - -I wish him the same happy success through his whole administration. - -I am, Sir, with respect and friendship, yours, - - J. A. - - -TO THE HONORABLE JOHN Q. ADAMS. - - MONTICELLO, November 1, 1817. - -DEAR SIR,--Yours of the 4th of October was not received here until the -20th, having been sixteen days on its passage; since which unavoidable -avocations have made this the first moment it has been in my power to -acknowledge its receipt. Of the character of M. de Pradt his political -writings furnish a tolerable estimate, but not so full as you have -favored me with. He is eloquent, and his pamphlet on colonies shows him -ingenious. I was gratified by his _Recit Historique_, because, pretending, -as all men do, to some character, and he to one of some distinction, I -supposed he would not place before the world facts of glaring falsehood, -on which so many living and distinguished witnesses could convict him. -We, too, who are retired from the business of the world, are glad to -catch a glimpse of truth, here and there as we can, to guide our path -through the boundless field of fable in which we are bewildered by public -prints, and even by those calling themselves histories. A word of truth -to us is like the drop of water supplicated from the tip of Lazarus' -finger. It is as an observation of latitude and longitude to the mariner -long enveloped in clouds, for correcting the ship's way. - -On the subject of weights and measures, you will have, at its threshold, -to encounter the question on which Solon and Lycurgus acted differently. -Shall we mould our citizens to the law, or the law to our citizens? And -in solving this question their peculiar character is an element not to -be neglected. Of the two only things in nature which can furnish an -invariable standard, to wit, the dimensions of the globe itself, and -the time of its diurnal revolution on its axis, it is not perhaps of -much importance which we adopt. That of the dimensions of the globe, -preferred ultimately by the French, after first adopting the other, has -been objected to from the difficulty, not to say impracticability, of -the verification of their admeasurement by other nations. Except the -portion of a meridian which they adopted for their operation, there -is not another on the globe which fulfils the requisite conditions, -to wit, of so considerable length, that length too divided, not very -unequally, by the 45th degree of latitude, and terminating at each end -in the ocean. Now, this singular line lies wholly in France and Spain. -Besides the immensity of expense and time which a verification would -always require, it cannot be undertaken by any nation without the joint -consent of these two powers. France having once performed the work, -and refusing, as she may, to let any other nation re-examine it, she -makes herself the sole depository of the original standard for all -nations; and all must send to her to obtain, and from time to time to -prove their standards. To this, indeed, it may be answered, that there -can be no reason to doubt that the mensuration has been as accurately -performed as the intervention of numerous waters, and of high ridges of -craggy mountains, would admit; that all the calculations have been free -of error, their coincidences faithfully reported, and that, whether in -peace or war, to foes as well as friends, free access to the original -will at all times be admitted. In favor of the standard to be taken from -the time employed in a revolution of the earth on its axis, it may be -urged that this revolution is a matter of fact present to all the world, -that its division into seconds of time is known and received by all the -world, that the length of a pendulum vibrating seconds in the different -circles of latitude is already known to all, and can at any time and in -any place be ascertained by any nation or individual, and inferred by -known laws from their own to the medium latitude of 45°, whenever any -doubt may make this desirable; and that this is the particular standard -which has at different times been contemplated and desired[1] by the -philosophers of every nation, and even by those of France, except at the -particular moment when this change was suddenly proposed and adopted, -and under circumstances peculiar to the history of the moment. But the -cogent reason which will decide the fate of whatever you report is, that -England has lately adopted the reference of its measures to the pendulum. -It is the mercantile part of our community which will have most to do in -this innovation; it is that which having command of all the presses can -make the loudest outcry, and you know their identification with English -regulations, practices, and prejudices. It is from this identification -alone you can hope to be permitted to adopt even the English reference to -a pendulum. But the English proposition goes only to say what proportion -their measures bear to the second pendulum of their own latitude, and -not at all to change their unit, or to reduce into any simple order -the chaos of their weights and measures. That would be innovation, and -innovation there is heresy and treason. Whether the Senate meant more -than this I do not know; and much doubt if more can be effected. However, -in endeavors to improve our situation, we should never despair; and I -sincerely wish you may be able to rally us to either standard, and to -give us an unit, the aliquot part of something invariable which may be -applied simply and conveniently to our measures, weights, and coins, -and most especially that the decimal divisions may pervade the whole. -The convenience of this in our monied system has been approved by all, -and France has followed the example. The volume of tracts which you have -noted in the library of Congress, contains everything which I had then -been able to collect on this subject. You will find some details which -may be of use in two thin 4to vols., Nos. 399, 400, of chapter xxiv.; -the latter being a collection of sheets selected from the "_Encyclopedie -Methodique_," on the weights, measures and coins of all nations, bound -up together and alone; and the former a supplement by Beyerlé. Cooper's -Emporium too, for May 1812, and August 1813, may offer something. The -reports of the Committees of Parliament of 1758-9, I think you will find -in Postlethwaite's Dictionary, which is also in the library, chapter -20, No. 10. That of Mechain and Delambre I have not, nor do I know who -has it. - -I have lately seen a book which your office ought to possess, if it has -it not already, entitled "_Memoire sur la Louisiane_, par M. le Comte de -Vergennes, 8vo, Paris, chez Lepetit, Jeune, 1802." It contains more in -detail the proofs of the extent of Louisiana as far as the Rio Grande -than I have ever before seen, and its author gives it authenticity. -It has been executed with great industry and research into the French -records. This reminds me of a MS. which Governor Claiborne found in a -private family in Louisiana, being a journal kept (I forget by whom, -but) by a confidential officer of the government, proving exactly by -what connivance between the agents of the _compagnie d'occident_ and -the Spaniards these last smuggled settlements into Louisiana as far as -Assinais, Adais, &c., for the purpose of covering the contraband trade -of the company. Claiborne being afraid to trust the original by mail -without keeping a copy, sent it on. It arrived safe, and was deposited -in the office of State. He then sent me the copy on the destruction of -the office at Washington by the British, apprehending the original might -be involved in that destruction. I sent the copy to Colonel Monroe, -then Secretary of State, with a request to return it if the original -was safe, and to keep it if not. I have heard no more of it; but will -now request of you to have search made for the original, and if safe, to -return me the copy. I propose to deposit it with the historical committee -of the Philosophical Society at Philadelphia, for safe keeping. I have -no use nor wish for such a thing myself, but think it will be safer in -two deposits than one. My recommendation to Colonel Monroe, was to have -it printed. I have barely left myself room to express my satisfaction -at your call to the important office you hold, and to tender you the -assurance of my great esteem and respect. - -FOOTNOTE: - - [1] If conforming to this desire of other nations, we adopt - the second pendulum, 3/10 of that for our foot will be the - same as ⅕ or, 2/10 of the second rod, because that rod is to - the pendulum as 3 to 2. This would make our foot ¼ inch less - than the present one. - - -TO MR. DUPONCEAU. - - MONTICELLO, November 7, 1817. - -DEAR SIR,--A part of the information of which the expedition of Lewis -and Clarke was the object, has been communicated to the world by -the publication of their journal; but much and valuable matter yet -remains uncommunicated. The correction of the longitudes of their map -is essential to its value; to which purpose their observations of the -lunar distances are to be calculated and applied. The new subjects they -discovered in the vegetable, animal, and mineral departments, are to -be digested and made known. The numerous vocabularies they obtained of -the Indian languages are to be collated and published. Although the -whole expense of the expedition was furnished by the public, and the -information to be derived from it was theirs also, yet on the return -of Messrs. Lewis and Clarke, the government thought it just to leave -to them any pecuniary benefit which might result from a publication of -the papers, and supposed, indeed, that this would secure the best form -of publication. But the property in these papers still remained in the -government for the benefit of their constituents. With the measures -taken by Governor Lewis for their publication, I was never acquainted. -After his death, Governor Clarke put them, in the first instance, into -the hands of the late Doctor Barton, from whom some of them passed to -Mr. Biddle, and some again, I believe, from him to Mr. Allen. While -the MS. books of journals were in the hands of Dr. Barton, I wrote to -him, on behalf of Governor Lewis' family, requesting earnestly, that, -as soon as these should be published, the originals might be returned, -as the family wished to have them preserved. He promised in his answer -that it should be faithfully done. After his death, I obtained, through -the kind agency of Mr. Correa, from Mrs. Barton, three of these books, -of which I knew there had been ten or twelve, having myself read them. -These were all she could find. The rest, therefore, I presume, are in -the hands of the other gentlemen. After the agency I had had in effecting -this expedition, I thought myself authorized, and, indeed, that it would -be expected of me, that I should follow up the subject, and endeavor to -obtain its fruits for the public. I wrote to General Clarke, therefore, -for authority to receive the original papers. He gave it in the letters -to Mr. Biddle and to myself, which I now enclose. As the custody of -these papers belonged properly to the War-Office, and that was vacant -at the time, I have waited several months for its being filled. But the -office still remaining vacant, and my distance rendering any effectual -measures, by myself, impracticable, I ask the agency of your committee, -within whose province I propose to place the matter, by making it the -depository of the papers generally. I therefore now forward the three -volumes of MS. journals in my possession, and authorize them, under -General Clarke's letters, to inquire for and to receive the rest. So also -the astronomical and geographical papers, those relating to zoological, -botanical, and mineral subjects, with the Indian vocabularies, and -statistical tables relative to the Indians. Of the astronomical and -geographical papers, if the committee will be so good as to give me a -statement, I will, as soon as a Secretary at War is appointed, propose -to him to have made, at the public expense, the requisite calculations, -to have the map corrected in its longitudes and latitudes, engraved -and published on a proper scale; and I will ask from General Clarke the -one he offers, with his corrections. With respect to the zoological and -mineralogical papers and subjects, it would perhaps be agreeable to the -Philosophical Society, to have a digest of them made, and published in -their transactions or otherwise. And if it should be within the views -of the historical committee to have the Indian vocabularies digested -and published, I would add to them the remains of my collection. I had -through the course of my life availed myself of every opportunity of -procuring vocabularies of the languages of every tribe which either myself -or my friends could have access to. They amounted to about forty, more -or less perfect. But in their passage from Washington to this place, the -trunk in which they were was stolen and plundered, and some fragments -only of the vocabularies were recovered. Still, however, they were such -as would be worth incorporation with a larger work, and shall be at the -service of the historical committee, if they can make any use of them. -Permit me to request the return of General Clarke's letter, and to add -assurances of my respect and esteem. - -P. S. With the volumes of MS. journal, Mrs. Barton delivered one by -mistake I suppose, which seems to have been the journal of some botanist. -I presume it was the property of Dr. Barton, and therefore forward it -to you to be returned to Mrs. Barton. - - -TO MR. CORREA. - - POPLAR FOREST, November 25, 1817. - -DEAR SIR,--I am highly gratified by the interest you take in our Central -College, and the more so as it may possibly become an inducement to -pass more of your time with us. It is even said you had thought of -engaging a house in its neighborhood. But why another house? Is not one -enough? and especially one whose inhabitants are made so happy by your -becoming their inmate? When you shall have a wife and family wishing -to be to themselves, then the question of another house may be taken -_ad referendum_. I wish Dr. Cooper could have the same partialities. He -seems to have misunderstood my last letter; in the former I had spoken -of opening our Physical School in the spring of '19, but learning that -that delay might render his engagement uncertain, the visitors determined -to force their preparations so as to receive him by midsummer next, and -so my letter stated. In one I now write, I recall his attention to that -circumstance. But his decision will no doubt be governed by the result -of the proposition, to permit the medical students of Philadelphia to -attend him. I can never regret any circumstance which may add to his -well-being, for I most sincerely wish him well. That himself and Mrs. -Cooper will be happier in the society of Philadelphia, cannot be doubted. -It would be flattering enough to us to be his second choice. I find from -his information that we are not to expect to obtain in this country -either a classical or mathematical professor of the first order: and -as our institution cannot be raised above the common herd of academies, -colleges, &c., already scattered over our country, but by super-eminent -professors, we have determined to accept of no mediocrity, and to seek -in Europe for what is eminent. We shall go to Edinburgh in preference, -because of the advantage to students of receiving communications in -their native tongue, and because peculiar and personal circumstances -will enable us to interest Dugald Stewart and Professor Leslie, of -that College, in procuring us subjects of real worth and eminence. -I put off writing to them for a classical and mathematical professor -only until I see what our legislature, which meets on Monday next, is -disposed to do, either on the question singly of adopting our college -for their university, or on that of entering at once on a general system -of instruction, for which they have, for some time been preparing. For -this last purpose I have sketched, and put into the hands of a member -a bill, delineating a practicable plan, entirely within the means they -already have on hand, destined to this object. My bill proposes, 1. -Elementary schools in every county, which shall place every householder -within three miles of a school. 2. District colleges, which shall place -every father within a day's ride of a college where he may dispose of -his son. 3. An university in a healthy and central situation, with the -offer of the lands, buildings, and funds of the Central College, if -they will accept that place for their establishment. In the 1st will -be taught reading, writing, common arithmetic, and general notions of -geography. In the 2d, ancient and modern languages, geography fully, a -higher degree of numerical arithmetic, mensuration, and the elementary -principles of navigation. In the 3d, all the useful sciences in their -highest degree. To all of which is added a selection from the elementary -schools of subjects of the most promising genius, whose parents are too -poor to give them further education, to be carried at the public expense -through the colleges and university. The object is to bring into action -that mass of talents which lies buried in poverty in every country, for -want of the means of development, and thus give activity to a mass of -mind, which, in proportion to our population, shall be the double or -treble of what it is in most countries. The expense of the elementary -schools for every county, is proposed to be levied on the wealth of the -county, and all children rich and poor to be educated at these three -years gratis. The expense of the colleges and university, admitting two -professors to each of the former, and ten to the latter, can be completely -and permanently established with a sum of five hundred thousand dollars, -in addition to the present funds of our Central College. Our literary -fund has already on hand, and appropriated to these purposes, a sum of -seven hundred thousand dollars, and that increasing yearly. This is -in fact and substance the plan I proposed in a bill forty years ago, -but accommodated to the circumstances of this, instead of that day. I -derive my present hopes that it may now be adopted, from the fact that -the House of Representatives, at their last session, passed a bill, less -practicable and boundlessly expensive, and therefore alone rejected by -the Senate, and printed for public consideration and amendment. Mine, -after all, may be an Utopian dream, but being innocent, I have thought -I might indulge in it till I go to the land of dreams, and sleep there -with the dreamers of all past and future times. - -I have taken measures to obtain the crested turkey, and will endeavor -to perpetuate that beautiful and singular characteristic, and shall be -not less earnest in endeavors to raise the Moronnier. God bless you, -and preserve you long in life and health, until wearied with delighting -your kindred spirits here, you may wish to encounter the great problem, -untried by the living, unreported by the dead. - - -TO MR. DUPONCEAU. - - MONTICELLO, December 30, 1817. - -DEAR SIR,--An absence of six weeks has occasioned your letters of the -5th and 11th inst., to lie thus long unacknowledged. After I had sent -off the two other Westover MSS. I received a third of the same journal. -On perusing it I am not sensible by memory, of anything not contained in -the former, except eight pages of a preliminary account of the abridgment -of our limits by successive charters to other colonies. I suppose this -to be a copy of the largest of the other two, entered fair in a folio -volume, with other documents relating to the government of Virginia. It -is bound in vellum, and, by the arms pasted in it, seems to have been -intended for the shelves of the author's library. As this journal is -complete it might enable us to supply the hiatuses of the other copies. - -I now send you the remains of my Indian vocabularies, some of which are -perfect. I send with them the fragments of my digest of them, which were -gathered up on the banks of the river where they had been strewed by the -plunderers of the trunk in which they were. Those will merely show the -arrangement I had given the vocabularies, according to their affinities -and degrees of resemblance or dissimilitude. - -If you can recover Capt. Lewis' collection, they will make an important -addition, for there was no part of his instructions which he executed more -fully or carefully, never meeting with a single Indian of a new tribe, -without making his vocabulary the first object. What Professor Adelung -mentions of the Empress Catharine's having procured many vocabularies of -our Indians, is correct. She applied to M. de La Fayette, who, through -the aid of General Washington, obtained several; but I never learnt of -what particular tribes. The great works of Pallas being rare, I will -mention that there are two editions of it, the one in two volumes, the -other in four volumes 4to, in the library I ceded to Congress, which -maybe consulted. But the Professor's account of the supposed Mexican MS. -is quite erroneous, nor can I conceive through whom he can have received -his information. It has probably been founded on an imperfect knowledge -of the following fact: Soon after the acquisition of Louisiana, Governor -Claiborne found, in a private family there, a MS. journal kept, (I forget -by whom,) but by a confidential officer of the French government, proving -exactly by what connivance between the agents of the compagnie d'occident, -and the Spaniards, these last smuggled settlements into Louisiana, as -far as Assinais, Adais, &c., for the purpose of covering the contraband -trade of the company. Claiborne, being afraid to trust the original by -mail, without keeping a copy, sent it on after being copied. It arrived -safe, and was deposited by me in the office of State. He then sent me -the copy, on the destruction of the office at Washington by the British; -apprehending the original might be involved in that destruction, I sent -the copy to Colonel Monroe, then Secretary of State, with a request to -return it, if the original was safe, and to keep it, if not. I have -heard no more of it. My intention was, and is, if it is returned to -me, to deposit it with your committee for safe keeping or publication. -While on the subject of Louisiana, I have thought I had better commit -to you also an historical memoir of my own respecting the important -question of its limits. When we first made the purchase we knew little -of its extent, having never before been interested to inquire into it. -Possessing, then, in my library, everything respecting America which I -had been able to collect by unremitting researches, during my residence -in Europe, particularly and generally through my life, I availed myself -of the leisure of my succeeding autumnal recess from Washington, to bring -together everything which my collection furnished on the subject of its -boundary. The result was the memoir I now send you, copies of which were -furnished to our ministers at Paris and Madrid, for their information as -to the extent of territory claimed under our purchase. The New Orleans -MS. afterwards discovered, furnished some valuable supplementary proofs -of title. - -I defer writing to the Secretary at War respecting the observations of -longitude and latitude by Capt. Lewis, until I learn from you whether -they are recovered, and whether they are so complete as to be susceptible -of satisfactory calculation. I salute you with great respect and esteem. - - -TO MR. WIRT. - - MONTICELLO, January 5, 1818. - -I have first to thank you, dear Sir, for the copy of your late work -which you have been so kind as to send me, and then to render you double -congratulations, first, on the general applause it has so justly received, -and next on the public testimony of esteem for its author, manifested -by your late call to the executive councils of the nation. All this I -do heartily, and then proceed to a case of business on which you will -have to advise the government on the threshold of your office. You have -seen the death of General Kosciusko announced in the papers in such a -way as not to be doubted. He had in the funds of the United States a -very considerable sum of money, on the interest of which he depended for -subsistence. On his leaving the United States, in 1798, he placed it under -my direction by a power of attorney, which I executed entirely through -Mr. Barnes, who regularly remitted his interest. But he left also in my -hands an autograph will, disposing of his funds in a particular course -of charity, and making me his executor. The question the government -will ask of you, and which I therefore ask, is in what court must this -will be proved, and my qualification as executor be received, to justify -the United States in placing these funds under the trust? This is to be -executed wholly in this State, and will occupy so long a course of time -beyond what I can expect to live, that I think to propose to place it -under the Court of Chancery. The place of probate generally follows the -residence of the testator. That was in a foreign country in the present -case. Sometimes the _bona notabilia_. The evidences or representations -of these (the certificates) are in my hands. The things represented (the -money) in those of the United States. But where are the United States? -Everywhere, I suppose, where they have government or property liable to -the demand on payment. That is to say, in every State of the Union, in -this, for example, as well as any other, strengthened by the circumstances -of the deposit of the will, the residence of the executor, and the place -where the trust is to be executed. In no instance, I believe, does the -mere habitation of the debtor draw to it the place of probate, and if it -did, the United States are omnipresent by their functionaries, as well as -property in every State of the Union. I am led by these considerations -to suppose our district or general court competent to the object; but -you know best, and by your advice, sanctioned by the Secretary of the -Treasury, I shall act. I write to the Secretary on this subject. If our -district court will do, I can attend it personally; if the general court -only be competent, I am in hopes it will find means of dispensing with -my personal attendance. I salute you with affectionate esteem and respect. - - -TO DR. BENJAMIN WATERHOUSE. - - MONTICELLO, March 3, 1818. - -DEAR SIR,--I have just received your favor of February 20th, in which you -observe that Mr. Wirt, on page 47 of his Life of Patrick Henry, quotes -me as saying that "Mr. Henry certainly gave the first impulse to the -ball of revolution." I well recollect to have used some such expression -in a letter to him, and am tolerably certain that our own State being -the subject under contemplation, I must have used it with respect to -that only. Whether he has given it a more general aspect I cannot say, -as the passage is not in the page you quote, nor, after thumbing over -much of the book, have I been able to find it.[2] In page 417 there is -something like it, but not the exact expression, and even there it may -be doubted whether Mr. Wirt had his eye on Virginia alone, or on all -the colonies. But the question, who commenced the revolution? is as -difficult as that of the first inventors of a thousand good things. For -example, who first discovered the principle of gravity? Not Newton; for -Galileo, who died the year that Newton was born, had measured its force -in the descent of gravid bodies. Who invented the Lavoiserian chemistry? -The English say Dr. Black, by the preparatory discovery of latent heat. -Who invented the steamboat? Was it Gerbert, the Marquis of Worcester, -Newcomen, Savary, Papin, Fitch, Fulton? The fact is, that one new idea -leads to another, that to a third, and so on through a course of time -until some one, with whom no one of these ideas was original, combines -all together, and produces what is justly called a new invention. I -suppose it would be as difficult to trace our revolution to its first -embryo. We do not know how long it was hatching in the British cabinet -before they ventured to make the first of the experiments which were to -develop it in the end and to produce complete parliamentary supremacy. -Those you mention in Massachusetts as preceding the stamp act, might -be the first visible symptoms of that design. The proposition of that -act in 1764, was the first here. Your opposition, therefore, preceded -ours, as occasion was sooner given there than here, and the truth, I -suppose, is, that the opposition in every colony began whenever the -encroachment was presented to it. This question of priority is as the -inquiry would be who first, of the three hundred Spartans, offered his -name to Leonidas? I shall be happy to see justice done to the merits of -all, by the unexceptionable umpirage of date and facts, and especially -from the pen which is proposed to be employed in it. - -I rejoice, indeed, to learn from you that Mr. Adams retains the strength -of his memory, his faculties, his cheerfulness, and even his epistolary -industry. This last is gone from me. The aversion has been growing on -me for a considerable time, and now, near the close of seventy-five, -is become almost insuperable. I am much debilitated in body, and my -memory sensibly on the wane. Still, however, I enjoy good health and -spirits, and am as industrious a reader as when a student at college. -Not of newspapers. These I have discarded. I relinquish, as I ought to -do, all intermeddling with public affairs, committing myself cheerfully -to the watch and care of those for whom, in my turn, I have watched and -cared. When I contemplate the immense advances in science and discoveries -in the arts which have been made within the period of my life, I look -forward with confidence to equal advances by the present generation, -and have no doubt they will consequently be as much wiser than we have -been as we than our fathers were, and they than the burners of witches. -Even the metaphysical contest, which you so pleasantly described to me -in a former letter, will probably end in improvement, by clearing the -mind of Platonic mysticism and unintelligible jargon. Although age is -taking from me the power of communicating by letter with my friends -as industriously as heretofore, I shall still claim with them the same -place they will ever hold in my affections, and on this ground I, with -sincerity and pleasure, assure you of my great esteem and respect. - -FOOTNOTE: - - [2] It was found page 41. - - -TO N. BURWELL, ESQ. - - MONTICELLO, March 14, 1818. - -DEAR SIR,--Your letter of February 17th found me suffering under an attack -of rheumatism, which has but now left me at sufficient ease to attend -to the letters I have received. A plan of female education has never -been a subject of systematic contemplation with me. It has occupied my -attention so far only as the education of my own daughters occasionally -required. Considering that they would be placed in a country situation, -where little aid could be obtained from abroad, I thought it essential -to give them a solid education, which might enable them, when become -mothers, to educate their own daughters, and even to direct the course -for sons, should their fathers be lost, or incapable, or inattentive. -My surviving daughter accordingly, the mother of many daughters as well -as sons, has made their education the object of her life, and being a -better judge of the practical part than myself, it is with her aid and -that of one of her elevès, that I shall subjoin a catalogue of the books -for such a course of reading as we have practiced. - -A great obstacle to good education is the inordinate passion prevalent for -novels, and the time lost in that reading which should be instructively -employed. When this poison infects the mind, it destroys its tone -and revolts it against wholesome reading. Reason and fact, plain and -unadorned, are rejected. Nothing can engage attention unless dressed in -all the figments of fancy, and nothing so bedecked comes amiss. The result -is a bloated imagination, sickly judgment, and disgust towards all the -real businesses of life. This mass of trash, however, is not without some -distinction; some few modelling their narratives, although fictitious, -on the incidents of real life, have been able to make them interesting -and useful vehicles of a sound morality. Such, I think, are Marmontel's -new moral tales, but not his old ones, which are really immoral. Such are -the writings of Miss Edgeworth, and some of those of Madame Genlis. For -a like reason, too, much poetry should not be indulged. Some is useful -for forming style and taste. Pope, Dryden, Thompson, Shakspeare, and of -the French, Molière, Racine, the Corneilles, may be read with pleasure -and improvement. - -The French language, become that of the general intercourse of nations, -and from their extraordinary advances, now the depository of all -science, is an indispensable part of education for both sexes. In the -subjoined catalogue, therefore, I have placed the books of both languages -indifferently, according as the one or the other offers what is best. - -The ornaments too, and the amusements of life, are entitled to their -portion of attention. These, for a female, are dancing, drawing, and -music. The first is a healthy exercise, elegant and very attractive -for young people. Every affectionate parent would be pleased to -see his daughter qualified to participate with her companions, and -without awkwardness at least, in the circles of festivity, of which -she occasionally becomes a part. It is a necessary accomplishment, -therefore, although of short use; for the French rule is wise, that no -lady dances after marriage. This is founded in solid physical reasons, -gestation and nursing leaving little time to a married lady when this -exercise can be either safe or innocent. Drawing is thought less of in -this country than in Europe. It is an innocent and engaging amusement, -often useful, and a qualification not to be neglected in one who is to -become a mother and an instructor. Music is invaluable where a person has -an ear. Where they have not, it should not be attempted. It furnishes -a delightful recreation for the hours of respite from the cares of the -day, and lasts us through life. The taste of this country, too, calls -for this accomplishment more strongly than for either of the others. - -I need say nothing of household economy, in which the mothers of our -country are generally skilled, and generally careful to instruct their -daughters. We all know its value, and that diligence and dexterity in -all its processes are inestimable treasures. The order and economy of -a house are as honorable to the mistress as those of the farm to the -master, and if either be neglected, ruin follows, and children destitute -of the means of living. - -This, Sir, is offered as a summary sketch on a subject on which I have -not thought much. It probably contains nothing but what has already -occurred to yourself, and claims your acceptance on no other ground than -as a testimony of my respect for your wishes, and of my great esteem -and respect. - - -TO JOHN ADAMS. - - MONTICELLO, May 17, 1818. - -DEAR SIR,--I was so unfortunate as not to receive from Mr. Holly's own -hand your favor of January the 28th, being then at my other home. He -dined only with my family, and left them with an impression which has -filled me with regret that I did not partake of the pleasure his visit -gave them. I am glad he is gone to Kentucky. Rational Christianity will -thrive more rapidly there than here. They are freer from prejudices -than we are, and bolder in grasping at truth. The time is not distant, -though neither you nor I shall see it, when we shall be but a secondary -people to them. Our greediness for wealth, and fantastical expense, have -degraded, and will degrade, the minds of our maritime citizens. These -are the peculiar vices of commerce. - -I had been long without hearing _from_ you, but I had heard _of_ you -through a letter from Doctor Waterhouse. He wrote to reclaim against -an expression of Mr. Wirt's, as to the commencement of motion in the -revolutionary ball. The lawyers say that words are always to be expounded -_secundum subjectam materiem_, which, in Mr. Wirt's case, was Virginia. -It would, moreover, be as difficult to say at what moment the Revolution -began, and what incident set it in motion, as to fix the moment that the -embryo becomes an animal, or the act which gives him a beginning. But -the most agreeable part of his letter was that which informed me of your -health, your activity, and strength of memory; and the most wonderful, -that which assured me that you retained your industry and promptness in -epistolary correspondence. Here you have entire advantage over me. My -repugnance to the writing table becomes daily and hourly more deadly -and insurmountable. In place of this has come on a canine appetite -for reading. And I indulge it, because I see in it a relief against -the _tædium senectutis_; a lamp to lighten my path through the dreary -wilderness of time before me, whose bourne I see not. Losing daily all -interest in the things around us, something else is necessary to fill -the void. With me it is reading, which occupies the mind without the -labor of producing ideas from my own stock. - -I enter into all your doubts as to the event of the revolution of South -America. They will succeed against Spain. But the dangerous enemy is -within their own breasts. Ignorance and superstition will chain their -minds and bodies under religious and military despotism. I do believe -it would be better for them to obtain freedom by degrees only; because -that would by degrees bring on light and information, and qualify them -to take charge of themselves understandingly; with more certainty, -if in the meantime, under so much control as may keep them at peace -with one another. Surely, it is our duty to wish them independence and -self-government, because they wish it themselves, and they have the -right, and we none, to choose for themselves; and I wish, moreover, that -our ideas may be erroneous, and theirs prove well founded. But these -are speculations, my friend, which we may as well deliver over to those -who are to see their development. We shall only be lookers on, from the -clouds above, as now we look down on the labors, the hurry and bustle of -the ants and bees. Perhaps in that super-mundane region, we may be amused -with seeing the fallacy of our own guesses, and even the nothingness of -those labors which have filled and agitated our own time here. - -_En attendant_, with sincere affections to Mrs. Adams and yourself, I -salute you both cordially. - - -TO M. JULLIEN. - - MONTICELLO, July 23, 1818. - -SIR,--Your favor of March 30th, 1817, came to my hands on the 1st of -March, 1818. While the statement it contained of the many instances -of your attention in sending to me your different writings was truly -flattering, it was equally mortifying to perceive that two only of -the eight it enumerates, had ever come to my hands; and that both of -my acknowledgments of these had miscarried also. Your first favor of -November 5th, 1809, was received by me on the 6th of May, 1810, and was -answered on the 15th of July of the same year, with an acknowledgment -of the receipt of your "_Essai general d'education physique morale, et -intellectuelle,_" and of the high sense I entertained of its utility. -I do not recollect through what channel I sent this answer, but have -little doubt that it was through the office of our Secretary of State, -and our minister then at the court of France. - -In a letter from Mr. E. I. Dupont of August 11, 1817, I received the -favor of your "_Esquisse d'un ouvrage sur l'education comparée,_" which -he said had been received by his father a few days before his death; -and on the 9th of September, 1817, I answered his letter, in which was -the following paragraph: "I duly received the pamphlet of M. Jullien on -Education, to whom I had been indebted some years before for a valuable -work on the same subject. Of this I expressed to him my high estimation in -a letter of thanks, which I trust he received. The present pamphlet is an -additional proof of his useful assiduities on this interesting subject, -which, if the condition of man is to be progressively ameliorated, as -we fondly hope and believe, is to be the chief instrument in effecting -it." I hoped that Mr. E. I. Dupont, in acknowledging to you the receipt -of your letter to his father, would be the channel of conveying to you -my thanks, as he was to me of the work for which they were rendered. Be -assured, Sir, that not another scrip, either written or printed, ever came -to me from you; and that I was incapable of omitting the acknowledgments -they called for, and of the neglect which you have had so much reason -to impute to me. I know well the uncertainty of transmissions across the -Atlantic, but never before experienced such a train of them as has taken -place in your favors and my acknowledgments of them. You will perceive -that the letter I am now answering was eleven months on its passage to -me. - -The distance between the scenes of action of General Kosciusko and myself, -during our revolutionary war,--his in the military, mine in the civil -department,--was such, that I could give no particulars of the part he -acted in that war. But immediately on the receipt of your letter, I wrote -to General Armstrong, who had been his companion in arms, and an aid to -General Gates, with whom General Kosciusko mostly served, and requested -him to give me all the details within his knowledge; informing him for -whom, and for what purpose they were asked. I received, two days ago -only, the paper of which the enclosed is a copy, and copied by myself, -because the original is in such a handwriting as I am confident no -foreigner could ever decypher. However heavily pressed by the hand of -age, and unequal to the duties of punctual correspondence, of which my -friends generally would have a right to complain, if the cause depended -on myself, I am happy to find that in that with yourself there has -been no ground of reproach. Least of all things could I have omitted -any researches within my power which might do justice to the memory of -General Kosciusko, the brave auxiliary of my country in its struggle for -liberty, and, from the year 1797, when our particular acquaintance began, -my most intimate and much beloved friend. On his last departure from the -United States in 1798, he left in my hands an instrument appropriating -after his death all the property he had in our public funds, the price -of his military services here, to the education and emancipation of as -many of the children of bondage in this country as it should be adequate -to. I am now too old to undertake a business _de si longue haleine_; -but I am taking measures to place it in such hands as will ensure a -faithful discharge of the philanthropic intentions of the donor. I learn -with pleasure your continued efforts for the instruction of the future -generations of men, and, believing it the only means of effectuating -their rights, I wish them all possible success, and to yourself the -eternal gratitude of those who will feel their benefits, and beg leave -to add the assurance of my high esteem and respect. - - -TO JOHN ADAMS. - - MONTICELLO, November 13, 1818. - -The public papers, my dear friend, announce the fatal event of which your -letter of October the 20th had given me ominous foreboding. Tried myself -in the school of affliction, by the loss of every form of connection -which can rive the human heart, I know well, and feel what you have lost, -what you have suffered, are suffering, and have yet to endure. The same -trials have taught me that for ills so immeasurable, time and silence are -the only medicine. I will not, therefore, by useless condolences, open -afresh the sluices of your grief, nor, although mingling sincerely my -tears with yours, will I say a word more where words are vain, but that -it is of some comfort to us both, that the term is not very distant, at -which we are to deposit in the same cerement, our sorrows and suffering -bodies, and to ascend in essence to an ecstatic meeting with the friends -we have loved and lost, and whom we shall still love and never lose -again. God bless you and support you under your heavy affliction. - - -TO ROBERT WALSH. - - MONTICELLO, December 4, 1818. - -DEAR SIR,--Yours of November the 8th has been some time received; but -it is in my power to give little satisfaction as to its inquiries. Dr. -Franklin had many political enemies, as every character must, which, -with decision enough to have opinions, has energy and talent to give -them effect on the feelings of the adversary opinion. These enmities -were chiefly in Pennsylvania and Massachusetts. In the former, they were -merely of the proprietary party. In the latter, they did not commence -till the Revolution, and then sprung chiefly from personal animosities, -which spreading by little and little, became at length of some extent. -Dr. Lee was his principal calumniator, a man of much malignity, who, -besides enlisting his whole family in the same hostility, was enabled, -as the agent of Massachusetts with the British government, to infuse it -into that State with considerable effect. Mr. Izard, the Doctor's enemy -also, but from a pecuniary transaction, never countenanced these charges -against him. Mr. Jay, Silas Deane, Mr. Laurens, his colleagues also, ever -maintained towards him unlimited confidence and respect. That he would -have waived the formal recognition of our independence, I never heard on -any authority worthy notice. As to the fisheries, England was urgent to -retain them exclusively, France neutral, and I believe, that had they been -ultimately made a _sine quâ non_, our commissioners (Mr. Adams excepted) -would have relinquished them, rather than have broken off the treaty. To -Mr. Adams' perseverance alone, on that point, I have always understood -we were indebted for their reservation. As to the charge of subservience -to France, besides the evidence of his friendly colleagues before named, -two years of my own service with him at Paris, daily visits, and the -most friendly and confidential conversation, convince me it had not a -shadow of foundation. He possessed the confidence of that government in -the highest degree, insomuch, that it may truly be said, that they were -more under his influence, than he under theirs. The fact is, that his -temper was so amiable and conciliatory, his conduct so rational, never -urging impossibilities, or even things unreasonably inconvenient to them, -in short, so moderate and attentive to their difficulties, as well as -our own, that what his enemies called subserviency, I saw was only that -reasonable disposition, which, sensible that advantages are not all to -be on one side, yielding what is just and liberal, is the more certain -of obtaining liberality and justice. Mutual confidence produces, of -course, mutual influence, and this was all which subsisted between Dr. -Franklin and the government of France. - -I state a few anecdotes of Dr. Franklin, within my own knowledge, too -much in detail for the scale of Delaplaine's work, but which may find _a -cadre_ in some of the more particular views you contemplate. My health is -in a great measure restored, and our family join with me in affectionate -recollections and assurances of respect. - - -TO M. DE NEUVILLE. - - MONTICELLO, December 13, 1818. - -I thank your Excellency for the notice with which your letters favor me, -of the liberation of France from the occupation of the allied powers. To -no one, not a native, will it give more pleasure. In the desolation of -Europe, to gratify the atrocious caprices of Bonaparte, France sinned -much; but she has suffered more than retaliation. Once relieved from -the incubus of her late oppression, she will rise like a giant from -her slumbers. Her soil and climate, her arts and eminent sciences, her -central position and free constitution, will soon make her greater than -she ever was. And I am a false prophet, if she does not at some future -day, remind of her sufferings those who have inflicted them the most -eagerly. I hope, however, she will be quiet for the present, and risk -no new troubles. Her constitution, as now amended, gives as much of -self-government as perhaps she can yet bear, and will give more, when -the habits of order shall have prepared her to receive more. Besides the -gratitude which every American owes her, as our sole ally during the -war of independence, I am additionally affectioned by the friendships -I contracted there, by the good dispositions I witnessed, and by the -courtesies I received. - -I rejoice, as a moralist, at the prospect of a reduction of the duties -on wine, by our national legislature. It is an error to view a tax on -that liquor as merely a tax on the rich. It is a prohibition of its use -to the middling class of our citizens, and a condemnation of them to -the poison of whiskey, which is desolating their houses. No nation is -drunken where wine is cheap; and none sober, where the dearness of wine -substitutes ardent spirits as the common beverage. It is, in truth, the -only antidote to the bane of whiskey. Fix but the duty at the rate of -other merchandise, and we can drink wine here as cheap as we do grog; and -who will not prefer it? Its extended use will carry health and comfort -to a much enlarged circle. Every one in easy circumstances (as the bulk -of our citizens are) will prefer it to the poison to which they are now -driven by their government. And the treasury itself will find that a -penny a piece from a dozen, is more than a groat from a single one. This -reformation, however, will require time. Our merchants know nothing of -the infinite variety of cheap and good wines to be had in Europe; and -particularly in France, in Italy, and the Græcian islands; as they know -little also, of the variety of excellent manufactures and comforts to -be had anywhere out of England. Nor will these things be known, nor of -course called for here, until the native merchants of those countries, -to whom they are known, shall bring them forward, exhibit and vend them -at the moderate profits they can afford. This alone will procure them -familiarity with us, and the preference they merit in competition with -corresponding articles now in use. - -Our family renew with pleasure their recollections of your kind visit -to Monticello, and join me in tendering sincere assurances of the -gratification it afforded us, and of our great esteem and respectful -consideration. - - -TO NATHANIEL MACON, ESQ. - - MONTICELLO, January 12, 1819. - -DEAR SIR,--The problem you had wished to propose to me was one which -I could not have solved; for I knew nothing of the facts. I read no -newspaper now but Ritchie's, and in that chiefly the advertisements, for -they contain the only truths to be relied on in a newspaper. I feel a -much greater interest in knowing what has passed two or three thousand -years ago, than in what is now passing. I read nothing, therefore, but -of the heroes of Troy, of the wars of Lacedæmon and Athens, of Pompey and -Cæsar, and of Augustus too, the Bonaparte and parricide scoundrel of that -day. I have had, and still have, such entire confidence in the late and -present Presidents, that I willingly put both soul and body into their -pockets. While such men as yourself and your worthy colleagues of the -legislature, and such characters as compose the executive administration, -are watching for us all, I slumber without fear, and review in my dreams -the visions of antiquity. There is, indeed, one evil which awakens me -at times, because it jostles me at every turn. It is that we have now no -measure of value. I am asked eighteen dollars for a yard of broadcloth, -which, when we had dollars, I used to get for eighteen shillings; from -this I can only understand that a dollar is now worth but two inches of -broadcloth, but broadcloth is no standard of measure or value. I do not -know, therefore, whereabouts I stand in the scale of property, nor what -to ask, or what to give for it. I saw, indeed, the like machinery in -action in the years '80 and '81, and without dissatisfaction; because in -wearing out, it was working out our salvation. But I see nothing in this -renewal of the game of "Robin's alive" but a general demoralization of -the nation, a filching from industry its honest earnings, wherewith to -build up palaces, and raise gambling stock for swindlers and shavers, who -are too close to their career of piracies by fraudulent bankruptcies. -My dependence for a remedy, however, is with the wisdom which grows -with time and suffering. Whether the succeeding generation is to be more -virtuous than their predecessors, I cannot say; but I am sure they will -have more worldly wisdom, and enough, I hope, to know that honesty is -the first chapter in the book of wisdom. I have made a great exertion to -write you thus much; my antipathy to taking up a pen being so intense -that I have never given you a stronger proof, than in the effort of -writing a letter, how much I value you, and of the superlative respect -and friendship with which I salute you. - - -TO MR. ADAMS. - - MONTICELLO, March 21, 1819. - -DEAR SIR,--I am indebted to you for Mr. Bowditch's very learned -mathematical papers, the calculations of which are not for every reader, -although their results are readily enough understood. One of these -impairs the confidence I had reposed in La Place's demonstration, that -the eccentricities of the planets of our system could oscillate only -within narrow limits, and therefore could authorize no inference that -the system must, by its own laws, come one day to an end. This would -have left the question one of infinitude, at both ends of the line of -time, clear of physical authority. - -Mr. Pickering's pamphlet on the pronunciation of the Greek, for which I -am indebted to you also, I have read with great pleasure. Early in life, -the idea occurred to me that the people now inhabiting the ancient seats -of the Greeks and Romans, although their languages in the intermediate -ages had suffered great changes, and especially in the declension of -their nouns, and in the terminations of their words generally, yet -having preserved the body of the word radically the same, so they would -preserve more of its pronunciation. That at least it was probable that -a pronunciation, handed down by tradition, would retain, as the words -themselves do, more of the original than that of any other people whose -language has no affinity to that original. For this reason I learnt, -and have used the Italian pronunciation of the Latin. But that of the -modern Greeks I had no opportunity of learning until I went to Paris. -There I became acquainted with two learned Greeks, Count Carberri and -Mr. Paradise, and with a lady, a native Greek, the daughter of Baron de -Tott, who did not understand the ancient language. Carberri and Paradise -spoke it. From these instructors I learnt the modern pronunciation, -and in _general_ trusted to its orthodoxy. I say, _in general_, because -sound being more fugitive than the written letter, we must, after such -a lapse of time, presume in it some degeneracies, as we see there are -in the written words. We may not, indeed, be able to put our finger on -them confidently, yet neither are they entirely beyond the reach of all -indication. For example, in a language so remarkable for the euphony of -its sounds, if that euphony is preserved in particular combinations of -its letters, by an adherence to the powers ordinarily ascribed to them, -and is destroyed by a change of these powers, and the sound of the word -thereby rendered harsh, inharmonious, and inidiomatical, here we may -presume some degeneracy has taken place. While, therefore, I gave in -to the modern pronunciation generally, I have presumed, as an instance -of degeneracy, their ascribing the same sound to the six letters, or -combinations of letters, ε, ι, υ, ει, οι, υι, to all of which they give -the sound of our double _e_ in the word _meet_. This useless equivalence -of three vowels and three diphthongs, did not probably exist among the -ancient Greeks; and the less probably as, while this single sound, _ee_, -is overcharged by so many different representative characters, the sounds -we usually give to these characters and combinations would be left without -any representative signs. This would imply either that they had not these -sounds in their language, or no signs for their expression. Probability -appears to me, therefore, against the practice of the modern Greeks of -giving the same sound to all these different representatives, and to be -in favor of that of foreign nations, who, adopting the Roman characters, -have assimilated to them, in a considerable degree, the powers of the -corresponding Greek letters. I have, accordingly, excepted this in my -adoption of the modern pronunciation. I have been more doubtful in the -use of the αυ, ευ, ηυ, ωυ, sounding the υ, upsilon, as our _f_ or _v_, -because I find traces of that power of υ, or of _v_, in some modern -languages. To go no further than our own, we have it in _laugh_, _cough_, -_trough_, _enough_. The county of Louisa, adjacent to that in which I -live, was, when I was a boy, universally pronounced Lovisa. That it is -not the _gh_ which gives the sound of _f_ or _v_, in these words, is -proved by the orthography of _plough_, _trough_, _thought_, _fraught_, -_caught_. The modern Greeks themselves, too, giving up υ, upsilon, in -ordinary, the sound of our _ee_, strengthens the presumption that its -anomalous sound of _f_ or _v_, is a corruption. The same may be inferred -from the cacophony of ελαφνε (elavne) for ελαυνε, (elawne,) Αχιλλεφς -(Achillefs) for Αχιλλευς, (Achilleise,) εφς (eves) for εϋς, (eeuse,) -οφκ (ovk) for ouk, (ouk,) ωφτος (ovetos) for ωϋτος, (o-u-tos,) Ζεφς (zevs) -for Ζευς (zese,) of which all nations have made their Jupiter; and the -uselessness of the υ in ευφωνια which would otherwise have been spelt -εφωνια. I therefore except this also from what I consider as approvable -pronunciation. - -Against reading Greek by accent, instead of quantity, as Mr. Ciceitira -proposes, I raise both my hands. What becomes of the sublime measure of -Homer, the full sounding rhythm of Demosthenes, if, abandoning quantity, -you chop it up by accent? What ear can hesitate in its choice between -the two following rhythms? - - "Tὸν, δ' απαμειβὸμενος προσεφὴ πόδας ωκὺς Αχιλλευς, - -and, - - Τον, δ' απαμειβομενός προσεφὴ ποδας ώκυς Αχίλλευς," - -the latter noted according to prosody, the former by accent, and -dislocating our teeth in its utterance; every syllable of it, except the -first and last, being pronounced against quantity. And what becomes of -the art of prosody? Is that perfect coincidence of its rules with the -structure of their verse, merely accidental? or was it of design, and -yet for no use. - -On the whole, I rejoice that this subject is taken up among us, and that -it is in so able hands as those of Mr. Pickering. Should he ultimately -establish the modern pronunciation of the letters without any exception, -I shall think it a great step gained, and giving up my exceptions, -shall willingly rally to him; and as he has promised us another paper -on the question whether we shall read by quantity or by accent, I can -confidently trust it to the correctness of his learning and judgment. -Of the origin of accentuation, I have never seen satisfactory proofs. -But I have generally supposed the accents were intended to direct the -inflections and modulations of the voice; but not to affect the quantity -of the syllables. You did not expect, I am sure, to draw on yourself so -long a disquisition on letters and sounds, nor did I intend it, but the -subject run before me, and yet I have dropped much of it by the way. - -I am delighted with your high approbation of Mr. Tracy's book. The evils -of this deluge of paper money are not to be removed, until our citizens -are generally and radically instructed in their cause and consequences, -and silence by their authority the interested clamors and sophistry of -speculating, shaving, and banking institutions. Till then we must be -content to return, _quod hoc_, to the savage state, to recur to barter -in the exchange of our property, for want of a stable, common measure of -value, that now in use being less fixed than the beads and wampum of the -Indian, and to deliver up our citizens, their property and their labor, -passive victims to the swindling tricks of bankers and mountebankers. If -I had your permission to put your letter into the hands of the editor, -(Milligan,) with or without any verbal alterations you might choose, it -would ensure the general circulation, which my prospectus and prefatory -letter will less effectually recommend. There is nothing in the book of -mine but these two articles, and the note on taxation in page 202. I never -knew who the translator was; but I thought him some one who understood -neither French nor English; and probably a Caledonian, from the number -of Scotticisms I found in his MS. The innumerable corrections in that, -cost me more labor than would have done a translation of the whole _de -novo_; and made at last but an inelegant although faithful version of -the sense of the author. _Dios guarde á V. S. muchos años._ - - -TO DOCTOR VINE UTLEY. - - MONTICELLO, March 21, 1819. - -SIR,--Your letter of February the 18th came to hand on the 1st instant; -and the request of the history of my physical habits would have puzzled -me not a little, had it not been for the model with which you accompanied -it, of Doctor Rush's answer to a similar inquiry. I live so much like -other people, that I might refer to ordinary life as the history of my -own. Like my friend the Doctor, I have lived temperately, eating little -animal food, and that not as an aliment, so much as a condiment for the -vegetables, which constitute my principal diet. I double, however, the -Doctor's glass and a half of wine, and even treble it with a friend; but -halve its effects by drinking the weak wines only. The ardent wines I -cannot drink, nor do I use ardent spirits in any form. Malt liquors and -cider are my table drinks, and my breakfast, like that also of my friend, -is of tea and coffee. I have been blest with organs of digestion which -accept and concoct, without ever murmuring, whatever the palate chooses -to consign to them, and I have not yet lost a tooth by age. I was a hard -student until I entered on the business of life, the duties of which -leave no idle time to those disposed to fulfil them; and now, retired, -and at the age of seventy-six, I am again a hard student. Indeed, my -fondness for reading and study revolts me from the drudgery of letter -writing. And a stiff wrist, the consequence of an early dislocation, makes -writing both slow and painful. I am not so regular in my sleep as the -Doctor says he was, devoting to it from five to eight hours, according -as my company or the book I am reading interests me; and I never go to -bed without an hour, or half hour's previous reading of something moral, -whereon to ruminate in the intervals of sleep. But whether I retire to -bed early or late, I rise with the sun. I use spectacles at night, but -not necessarily in the day, unless in reading small print. My hearing is -distinct in particular conversation, but confused when several voices -cross each other, which unfits me for the society of the table. I have -been more fortunate than my friend in the article of health. So free -from catarrhs that I have not had one, (in the breast, I mean) on an -average of eight or ten years through life. I ascribe this exemption -partly to the habit of bathing my feet in cold water every morning, for -sixty years past. A fever of more than twenty-four hours I have not had -above two or three times in my life. A periodical headache has afflicted -me occasionally, once, perhaps, in six or eight years, for two or three -weeks at a time, which seems now to have left me; and except on a late -occasion of indisposition, I enjoy good health; too feeble, indeed, to -walk much, but riding without fatigue six or eight miles a day, and -sometimes thirty or forty. I may end these egotisms, therefore, as I -began, by saying that my life has been so much like that of other people, -that I might say with Horace, to every one "_nomine mutato, narratur -fabula de te_." I must not end, however, without due thanks for the kind -sentiments of regard you are so good as to express towards myself; and -with my acknowledgments for these, be pleased to accept the assurances -of my respect and esteem. - - -TO MR. SPAFFORD. - - MONTICELLO, May 11, 1819. - -DEAR SIR,--The interest on the late derangement of my health which was so -kindly expressed by many, could not but be gratifying to me, as much as -it manifested a sentiment that I had not been merely an useless cypher -of society. Yet a decline of health at the age of 76, was naturally to -be expected, and is a warning of an event which cannot be distant, and -whose approach I contemplate with little concern; for indeed, in no -circumstance has nature been kinder to us, than in the soft gradations -by which she prepares us to part willingly with what we are not destined -always to retain. First one faculty is withdrawn and then another, sight, -hearing, memory, affections, and friends, filched one by one, till we are -left among strangers, the mere monuments of times, facts, and specimens -of antiquity for the observation of the curious. - -To your request of materials for writing my life, I know not what to -say, although I have been obliged to say something to several preceding -applications of the same kind. One answer indeed is obvious, that I -am by decay of memory, aversion to labor, and cares more suited to my -situation, unequal to such a task. Of the public transactions in which -I have borne a part, I have kept no narrative with a view of history. A -life of constant action leaves no time for recording. Always thinking -of what is next to be done, what has been done is dismissed, and soon -obliterated from the memory. I cannot be insensible to the partiality -which has induced several persons to think my life worthy of remembrance. -And towards none more than yourself, who give me so much credit more than -I am entitled to, as to what has been effected for the safeguard of our -republican constitution. Numerous and able coadjutors have participated -in these efforts, and merit equal notice. My life, in fact, has been -so much like that of others, that their history is my history, with -a mere difference of feature. The only valuable materials for history -which I possessed, were the pamphlets of the day, carefully collected -and preserved; but these past on to Congress with my library, and are -to be found in their depository. Except the Notes on Virginia, I never -wrote anything but acts of office, of which I rarely kept a copy. These -will all be found in the journals and gazettes of the times. There was -a book published in England about 1801, or soon after, entitled "Public -Characters," in which was given a sketch of my history to that period. I -never knew, nor could conjecture by whom this was written; but certainly -by some one pretty intimately acquainted with myself and my connections. -There were a few inconsiderable errors in it, but in general it was -correct. Delaplaine, in his Repository, has also given some outlines on -the same subject; he sets out indeed with an error as to the county of -my birth. Chesterfield, which he states as such, was the residence of my -grandfather and remoter ancestors, but Albemarle was that of my father, -and of my own birth and residence. Excepting this error, I remark no other -but in his ascriptions of more merit than I have deserved. Girardin's -History of Virginia, too, gives many particulars on the same subject, -which are correct. These publications furnish all the details of facts -and dates which can interest anybody, and more than I could now furnish -myself from a decayed memory, or any notes I retain. While, therefore, -I feel just acknowledgments for the partial selection of a subject for -your employment, I am persuaded you will perceive there is too little -new and worthy of public notice to devote to it a time which may be so -much more usefully employed; and with a due sense of the partiality of -your friendship, I salute you with assurances of the greatest esteem -and respect. - - -TO S. A. WELLS, ESQ. - - MONTICELLO, May 12, 1819. - -SIR,--An absence of some time at an occasional and distant residence -must apologize for the delay in acknowledging the receipt of your favor -of April 12th. And candor obliges me to add that it has been somewhat -extended by an aversion to writing, as well as to calls on my memory for -facts so much obliterated from it by time as to lessen my confidence in -the traces which seem to remain. One of the inquiries in your letter, -however, may be answered without an appeal to the memory. It is that -respecting the question whether committees of correspondence originated -in Virginia or Massachusetts? On which you suppose me to have claimed it -for Virginia. But certainly I have never made such a claim. The idea, I -suppose, has been taken up from what is said in Wirt's history of Mr. -Henry, p. 87, and from an inexact attention to its precise terms. It -is there said "this house [of burgesses of Virginia] had the merit of -originating that powerful engine of resistance, corresponding committees -_between the legislatures of the different colonies_." That the fact as -here expressed is true, your letter bears witness when it says that the -resolutions of Virginia for this purpose were transmitted to the speakers -of the different Assemblies, and by that of Massachusetts was laid at -the next session before that body, who appointed a committee for the -specified object: adding, "thus in Massachusetts there were two committees -of correspondence, one chosen by the people, the other appointed by -the House of Assembly; in the former, Massachusetts preceded Virginia; -in the latter, Virginia preceded Massachusetts." To the origination of -committees for the interior correspondence between the counties and towns -of a State, I know of no claim on the part of Virginia; but certainly -none was ever made by myself. I perceive, however, one error into -which memory had led me. Our committee for national correspondence was -appointed in March, '73, and I well remember that going to Williamsburg -in the month of June following, Peyton Randolph, our chairman, told me -that messengers, bearing despatches between the two States, had crossed -each other by the way; that of Virginia carrying our propositions for a -committee of national correspondence, and that of Massachusetts bringing, -as my memory suggested, a similar proposition. But here I must have -misremembered; and the resolutions brought us from Massachusetts were -probably those you mention of the town meeting of Boston, on the motion -of Mr. Samuel Adams, appointing a committee "to state the rights of the -colonists, and of that province in particular, and the infringements -of them, to communicate them to the several towns, as the sense of the -town of Boston, and to request of each town a free communication of its -sentiments on this subject"? I suppose, therefore, that these resolutions -were not received, as you think, while the House of Burgesses was in -session in March, 1773; but a few days after we rose, and were probably -what was sent by the messenger who crossed ours by the way. They may, -however, have been still different. I must therefore have been mistaken -in supposing and stating to Mr. Wirt, that the proposition of a committee -for national correspondence was nearly simultaneous in Virginia and -Massachusetts. - -A similar misapprehension of another passage in Mr. Wirt's book, for -which I am also quoted, has produced a similar reclamation of the part of -Massachusetts by some of her most distinguished and estimable citizens. -I had been applied to by Mr. Wirt for such facts respecting Mr. Henry, -as my intimacy with him, and participation in the transactions of the -day, might have placed within my knowledge. I accordingly committed them -to paper, and Virginia being the theatre of his action, was the only -subject within my contemplation, while speaking of him. Of the resolutions -and measures here, in which he had the acknowledged lead, I used the -expression that "Mr. Henry certainly gave the first impulse to the ball -of revolution." [Wirt, p. 41.] The expression is indeed general, and in -all its extension would comprehend all the sister States. But indulgent -construction would restrain it, as was really meant, to the subject -matter under contemplation, which was Virginia alone; according to the -rule of the lawyers, and a fair canon of general criticism, that every -expression should be construed _secundum subjectam materiem_. Where the -first attack was made, there must have been of course, the first act -of resistance, and that was of Massachusetts. Our first overt act of -war was Mr. Henry's embodying a force of militia from several counties, -regularly armed and organized, marching them in military array, and -making reprisal on the King's treasury at the seat of government for -the public powder taken away by his Governor. This was on the last days -of April, 1775. Your formal battle of Lexington was ten or twelve days -before that, which greatly overshadowed in importance, as it preceded -in time our little affray, which merely amounted to a levying of arms -against the King, and very possibly you had had military affrays before -the regular battle of Lexington. - -These explanations will, I hope, assure you, Sir, that so far as either -facts or opinions have been truly quoted from me, they have never been -meant to intercept the just fame of Massachusetts, for the promptitude -and perseverance of her early resistance. We willingly cede to her the -laud of having been (although not exclusively) "the cradle of sound -principles," and if some of us believe she has deflected from them in -her course, we retain full confidence in her ultimate return to them. - -I will now proceed to your quotation from Mr. Galloway's statements -of what passed in Congress on their declaration of independence, in -which statement there is not one word of truth, and where, bearing some -resemblance to truth, it is an entire perversion of it. I do not charge -this on Mr. Galloway himself; his desertion having taken place long -before these measures, he doubtless received his information from some of -the loyal friends whom he left behind him. But as yourself, as well as -others, appear embarrassed by inconsistent accounts of the proceedings -on that memorable occasion, and as those who have endeavored to restore -the truth have themselves committed some errors, I will give you some -extracts from a written document on that subject, for the truth of -which I pledge myself to heaven and earth; having, while the question -of independence was under consideration before Congress, taken written -notes, in my seat, of what was passing, and reduced them to form on -the final conclusion. I have now before me that paper, from which the -following are extracts: - -"On Friday the 7th of June, 1776, the delegates from Virginia moved, -in obedience to instructions from their constituents, that the Congress -should declare that these united colonies are, and of right ought to be, -free and independent States; that they are absolved from all allegiance -to the British crown, and that all political connection between them -and the State of Great Britain is, and ought to be totally dissolved; -that measures should be immediately taken for procuring the assistance -of foreign powers, and a confederation be formed to bind the colonies -more closely together. The house being obliged to attend at that time to -some other business, the proposition was referred to the next day, when -the members were ordered to attend punctually at ten o'clock. Saturday, -June 8th, they proceeded to take it into consideration, and referred -it to a committee of the whole, into which they immediately resolved -themselves, and passed that day and Monday the 10th in debating on the -subject. - -"It appearing in the course of these debates, that the colonies of New -York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina -were not yet matured for falling from the parent stem, but that they were -fast advancing to that state, it was thought most prudent to wait awhile -for them, and to postpone the final decision to July 1st. But that this -might occasion as little delay as possible, a committee was appointed -to prepare a Declaration of Independence. The committee were J. Adams, -Dr. Franklin, Roger Sherman, Robert R. Livingston and myself. This was -reported to the House on Friday the 28th of June, when it was read and -ordered to lie on the table. On Monday the 1st of July the House resolved -itself into a committee of the whole, and resumed the consideration of -the original motion made by the delegates of Virginia, which being again -debated through the day, was carried in the affirmative by the votes of -New Hampshire, Connecticut, Massachusetts, Rhode Island, New Jersey, -Maryland, Virginia, North Carolina and Georgia. South Carolina and -Pennsylvania] voted against it. Delaware having but two members present, -they were divided. The delegates for New York declared they were for it -themselves, and were assured their constituents were for it; but that -their instructions having been drawn near a twelvemonth before, when -reconciliation was still the general object, they were enjoined by them -to do nothing which should impede that object. They therefore thought -themselves not justifiable in voting on either side, and asked leave to -withdraw from the question, which was given them. The Committee rose and -reported their resolution to the House. Mr. Rutledge of South Carolina, -then requested the determination might be put off to the next day, as -he believed his colleagues, though they disapproved of the resolution, -would then join in it for the sake of unanimity. The ultimate question -whether the House would agree to the resolution of the committee was -accordingly postponed to the next day, when it was again moved, and South -Carolina concurred in voting for it; in the meantime a third member had -come post from the Delaware counties, and turned the vote of that colony -in favor of the resolution. Members of a different sentiment attending -that morning from Pennsylvania also, their vote was changed; so that -the whole twelve colonies, who were authorized to vote at all, gave -their votes for it; and within a few days, [July 9th,] the convention of -New York approved of it, and thus supplied the void occasioned by the -withdrawing of their delegates from the vote." [Be careful to observe -that this vacillation and vote was on the original motion of the 7th of -June by the Virginia delegates, that Congress should declare the colonies -independent.] - -"Congress proceeded the same day to consider the Declaration of -Independence, which has been reported and laid on the table the Friday -preceding, and on Monday referred to a committee of the whole. The -pusillanimous idea that we had friends in England worth keeping terms -with, still haunted the minds of many. For this reason those passages -which conveyed censures on the people of England were struck out, lest -they give them offence. The debates having taken up the greater parts -of the 2d, 3d and 4th days of July, were, in the evening of the last, -closed. The declaration was reported by the committee, agreed to by the -House, and signed by every member present except Mr. Dickinson." So far -my notes. - -Governor McKean, in his letter to McCorkle of July 16th, 1817, has -thrown some lights on the transactions of that day, but trusting to -his memory chiefly at an age when our memories are not to be trusted, -he has confounded two questions, and ascribed proceedings to one which -belonged to the other. These two questions were, 1. The Virginia motion -of June 7th to declare independence, and 2. The actual declaration, its -matter and form. Thus he states the question on the declaration itself -as decided on the 1st of July. But it was the Virginia motion which was -voted on that day in committee of the whole; South Carolina, as well as -Pennsylvania, then voting against it. But the ultimate decision in _the -House_ on the report of the committee being by request postponed to the -next morning, all the States voted for it, except New York, whose vote -was delayed for the reason before stated. It was not till the 2d of July -that the declaration itself was taken up, nor till the 4th that it was -decided; and it was signed by every member present, except Mr. Dickinson. - -The subsequent signatures of members who were not then present, and some -of them not yet in office, is easily explained, if we observe who they -were; to wit, that they were of New York and Pennsylvania. New York did -not sign till the 15th, because it was not till the 9th, (five days after -the general signature,) that their convention authorized them to do so. -The convention of Pennsylvania, learning that it had been signed by a -minority only of their delegates, named a new delegation on the 20th, -leaving out Mr. Dickinson, who had refused to sign. Willing and Humphreys -who had withdrawn, reappointing the three members who had signed, Morris -who had not been present, and five new ones, to wit, Rush, Clymer, Smith, -Taylor and Ross; and Morris and the five new members were permitted to -sign, because it manifested the assent of their full delegation, and the -express will of their convention, which might have been doubted on the -former signature of a minority only. Why the signature of Thornton of -New Hampshire was permitted so late as the 4th of November, I cannot now -say; but undoubtedly for some particular reason which we should find to -have been good, had it been expressed. These were the only post-signers, -and you see, Sir, that there were solid reasons for receiving those of -New York and Pennsylvania, and that this circumstance in no wise affects -the faith of this declaratory charter of our rights, and of the rights -of man. - -With a view to correct errors of fact before they become inveterate by -repetition, I have stated what I find essentially material in my papers; -but with that brevity which the labor of writing constrains me to use. - -On the fourth particular articles of inquiry in your letter, respecting -your grandfather, the venerable Samuel Adams, neither memory nor -memorandums enable me to give any information. I can say that he was -truly a great man, wise in council, fertile in resources, immovable in -his purposes, and had, I think, a greater share than any other member, in -advising and directing our measures, in the northern war especially. As a -speaker he could not be compared with his living colleague and namesake, -whose deep conceptions, nervous style, and undaunted firmness, made him -truly our bulwark in debate. But Mr. Samuel Adams, although not of fluent -elocution, was so rigorously logical, so clear in his views, abundant in -good sense, and master always of his subject, that he commanded the most -profound attention whenever he rose in an assembly by which the froth -of declamation was heard with the most sovereign contempt. I sincerely -rejoice that the record of his worth is to be undertaken by one so much -disposed as you will be to hand him down fairly to that posterity for -whose liberty and happiness he was so zealous a laborer. - -With sentiments of sincere veneration for his memory, accept yourself -this tribute to it with the assurances of my great respect. - -P. S. August 6th, 1822, since the date of this letter, to wit, this day, -August 6th, '22, I received the new publication of the secret Journals -of Congress, wherein is stated a resolution, July 19th, 1776, that the -declaration passed on the 4th be fairly engrossed on parchment, and when -engrossed, be signed by every member; and another of August 2d, that being -engrossed and compared at the table, was signed by the members. That is -to say the copy engrossed on parchment (for durability) was signed by the -members after being compared at the table with the original one, signed -on paper as before stated. I add this P. S. to the copy of my letter -to Mr. Wells, to prevent confounding the signature of the original with -that of the copy engrossed on parchment. - - -TO EZRA STYLES, ESQ. - - MONTICELLO, June 25, 1819. - -Your favor, Sir, of the 14th, has been duly received, and with it the -book you were so kind as to forward to me. For this mark of attention, be -pleased to accept my thanks. The science of the human mind is curious, -but is one on which I have not indulged myself in much speculation. -The times in which I have lived, and the scenes in which I have been -engaged, have required me to keep the mind too much in action to have -leisure to study minutely its laws of action. I am therefore little -qualified to give an opinion on the comparative worth of books on that -subject, and little disposed to do it on any book. Yours has brought -the science within a small compass, and that is the merit of the first -order; and especially with one to whom the drudgery of letter writing -often denies the leisure of reading a single page in a week. On looking -over the summary of the contents of your book, it does not seem likely -to bring into collision any of those sectarian differences which you -suppose may exist between us. In that branch of religion which regards -the moralities of life, and the duties of a social being, which teaches -us to love our neighbors as ourselves, and to do good to all men, I am -sure that you and I do not differ. We probably differ in the dogmas of -theology, the foundation of all sectarianism, and on which no two sects -dream alike; for if they did they would then be of the same. You say -you are a Calvinist. I am not. I am of a sect by myself, as far as I -know. I am not a Jew, and therefore do not adopt their theology, which -supposes the God of infinite justice to punish the sins of the fathers -upon their children, unto the third and fourth generation; and the -benevolent and sublime reformer of that religion has told us only that -God is good and perfect, but has not defined him. I am, therefore, of his -theology, believing that we have neither words nor ideas adequate to that -definition. And if we could all, after this example, leave the subject as -undefinable, we should all be of one sect, doers of good, and eschewers -of evil. No doctrines of his lead to schism. It is the speculations of -crazy theologists which have made a Babel of a religion the most moral -and sublime ever preached to man, and calculated to heal, and not to -create differences. These religious animosities I impute to those who -call themselves his ministers, and who engraft their casuistries on the -stock of his simple precepts. I am sometimes more angry with them than -is authorized by the blessed charities which he preaches. To yourself -I pray the acceptance of my great respect. - - -TO JOHN ADAMS. - - MONTICELLO, July 9, 1819. - -DEAR SIR,--I am in debt to you for your letters of May the 21st, 27th, -and June the 22d. The first, delivered me by Mr. Greenwood, gave me the -gratification of his acquaintance; and a gratification it always is, to -be made acquainted with gentlemen of candor, worth, and information, as -I found Mr. Greenwood to be. That, on the subject of Mr. Samuel Adams -Wells, shall not be forgotten in time and place, when it can be used to -his advantage. - -But what has attracted my peculiar notice, is the paper from Mecklenburg -county, of North Carolina, published in the Essex Register, which you -were so kind as to enclose in your last, of June the 22d. And you seem -to think it genuine. I believe it spurious. I deem it to be a very -unjustifiable quiz, like that of the volcano, so minutely related to us -as having broken out in North Carolina, some half a dozen years ago, in -that part of the country, and perhaps in that very county of Mecklenburg, -for I do not remember its precise locality. If this paper be really taken -from the Raleigh Register, as quoted, I wonder it should have escaped -Ritchie, who culls what is good from every paper, as the bee from every -flower; and the National Intelligencer, too, which is edited by a North -Carolinian; and that the fire should blaze out all at once in Essex, -one thousand miles from where the spark is said to have fallen. But if -really taken from the Raleigh Register, who is the narrator, and is the -name subscribed real, or is it as fictitious as the paper itself? It -appeals, too, to an original book, which is burnt, to Mr. Alexander, -who is dead, to a joint letter from Caswell, Hughes, and Hooper, all -dead, to a copy sent to the dead Caswell, and another sent to Doctor -Williamson, now probably dead, whose memory did not recollect, in the -history he has written of North Carolina, this gigantic step of its -county of Mecklenberg. Horry, too, is silent in his history of Marion, -whose scene of action was the country bordering on Mecklenburg. Ramsay, -Marshall, Jones, Girardin, Wirt, historians of the adjacent States, -all silent. When Mr. Henry's resolutions, far short of independence, -flew like lightning through every paper, and kindled both sides of the -Atlantic, this flaming declaration of the same date, of the independence -of Mecklenburg county, of North Carolina, absolving it from the British -allegiance, and abjuring all political connection with that nation, -although sent to Congress too, is never heard of. It is not known even -a twelvemonth after, when a similar proposition is first made in that -body. Armed with this bold example, would not you have addressed our -timid brethren in peals of thunder on their tardy fears? Would not every -advocate of independence have rung the glories of Mecklenberg county in -North Carolina, in the ears of the doubting Dickinson and others, who -hung so heavily on us? Yet the example of independent Mecklenberg county, -in North Carolina, was never once quoted. The paper speaks, too, of the -continued exertions of their delegation (Caswell, Hooper, Hughes) "in -the cause of liberty and independence." Now you remember as well as I -do, that we had not a greater tory in Congress than Hooper; that Hughes -was very wavering, sometimes firm, sometimes feeble, according as the -day was clear or cloudy; that Caswell, indeed, was a good whig, and kept -these gentlemen to the notch, while he was present; but that he left us -soon, and their line of conduct became then uncertain until Penn came, -who fixed Hughes and the vote of the State. I must not be understood as -suggesting any doubtfulness in the State of North Carolina. No State was -more fixed or forward. Nor do I affirm, positively, that this paper is -a fabrication; because the proof of a negative can only be presumptive. -But I shall believe it such until positive and solemn proof of its -authenticity be produced. And if the name of McKnitt be real, and not -a part of the fabrication, it needs a vindication by the production of -such proof. For the present, I must be an unbeliever in the apocryphal -gospel. - -I am glad to learn that Mr. Ticknor has safely returned to his friends; -but should have been much more pleased had he accepted the Professorship -in our University, which we should have offered him in form. Mr. Bowditch, -too, refuses us; so fascinating is the _vinculum_ of the _dulce natale -solum_. Our wish is to procure natives, where they can be found, like -these gentlemen, of the first order of requirement in their respective -lines; but preferring foreigners of the first order to natives of the -second, we shall certainly have to go for several of our Professors, to -countries more advanced in science than we are. - -I set out within three or four days for my other home, the distance -of which, and its cross mails, are great impediments to epistolary -communications. I shall remain there about two months; and there, here, -and everywhere, I am and shall always be, affectionately and respectfully -yours. - - -TO JOHN BRAZIER, THE AUTHOR OF THE REVIEW OF PICKERING ON GREEK -PRONUNCIATION. - - POPLAR FOREST, August 24, 1819. - -SIR,--The acknowledgment of your favor of July 15th, and thanks for the -Review which it covered of Mr. Pickering's Memoir on the Modern Greek, -have been delayed by a visit to an occasional but distant residence -from Monticello, and to an attack here of rheumatism which is just now -moderating. I had been much pleased with the memoir, and was much also -with your review of it. I have little hope indeed of the recovery of -the ancient pronunciation of that finest of human languages, but still -I rejoice at the attention the subject seems to excite with you, because -it is an evidence that our country begins to have a taste for something -more than merely as much Greek as will pass a candidate for clerical -ordination. - -You ask my opinion on the extent to which classical learning should -be carried in our country. A sickly condition permits me to think, and -a rheumatic hand to write too briefly on this litigated question. The -utilities we derive from the remains of the Greek and Latin languages -are, first, as models of pure taste in writing. To these we are certainly -indebted for the national and chaste style of modern composition which -so much distinguishes the nations to whom these languages are familiar. -Without these models we should probably have continued the inflated -style of our northern ancestors, or the hyperbolical and vague one of -the east. Second. Among the values of classical learning, I estimate -the luxury of reading the Greek and Roman authors in all the beauties -of their originals. And why should not this innocent and elegant luxury -take its preëminent stand ahead of all those addressed merely to the -senses? I think myself more indebted to my father for this than for -all the other luxuries his cares and affections have placed within my -reach; and more now than when younger, and more susceptible of delights -from other sources. When the decays of age have enfeebled the useful -energies of the mind, the classic pages fill up the vacuum of _ennui_, -and become sweet composers to that rest of the grave into which we are -all sooner or later to descend. Third. A third value is in the stores -of real science deposited and transmitted us in these languages, to-wit: -in history, ethics, arithmetic, geometry, astronomy, natural history, &c. - -But to whom are these things useful? Certainly not to all men. There -are conditions of life to which they must be forever estranged, and -there are epochs of life too, after which the endeavor to attain them -would be a great misemployment of time. Their acquisition should be the -occupation of our early years only, when the memory is susceptible of deep -and lasting impressions, and reason and judgment not yet strong enough -for abstract speculations. To the moralist they are valuable, because -they furnish ethical writings highly and justly esteemed: although in -my own opinion, the moderns are far advanced beyond them in this line -of science, the divine finds in the Greek language a translation of his -primary code, of more importance to him than the original because better -understood; and, in the same language, the newer code, with the doctrines -of the earliest fathers, who lived and wrote before the simple precepts -of the founder of this most benign and pure of all systems of morality -became frittered into subtleties and mysteries, and hidden under jargons -incomprehensible to the human mind. To these original sources he must -now, therefore, return, to recover the virgin purity of his religion. -The lawyer finds in the Latin language the system of civil law most -conformable with the principles of justice of any which has ever yet -been established among men, and from which much has been incorporated -into our own. The physician as good a code of his art as has been given -us to this day. Theories and systems of medicine, indeed, have been in -perpetual change from the days of the good Hippocrates to the days of the -good Rush, but which of them is the true one? the present, to be sure, -as long as it is the present, but to yield its place in turn to the next -novelty, which is then to become the true system, and is to mark the -vast advance of medicine since the days of Hippocrates. Our situation -is certainly benefited by the discovery of some new and very valuable -medicines; and substituting those for some of his with the treasure -of facts, and of sound observations recorded by him (mixed to be sure -with anilities of his day) and we shall have nearly the present sum of -the healing art. The statesman will find in these languages history, -politics, mathematics, ethics, eloquence, love of country, to which he -must add the sciences of his own day, for which of them should be unknown -to him? And all the sciences must recur to the classical languages for -the etymon, and sound understanding of their fundamental terms. For the -merchant I should not say that the languages are a necessary. Ethics, -mathematics, geography, political economy, history, seem to constitute -the immediate foundations of his calling. The agriculturist needs ethics, -mathematics, chemistry and natural philosophy. The mechanic the same. -To them the languages are but ornament and comfort. I know it is often -said there have been shining examples of men of great abilities in all -the businesses of life, without any other science than what they had -gathered from conversations and intercourse with the world. But who can -say what these men would not have been had they started in the science -on the shoulders of a Demosthenes or Cicero, of a Locke or Bacon, or -a Newton? To sum the whole, therefore, it may truly be said that the -classical languages are a solid basis for most, and an ornament to all -the sciences. - -I am warned by my aching fingers to close this hasty sketch, and to place -here my last and fondest wishes for the advancement of our country in -the useful sciences and arts, and my assurances of respect and esteem -for the Reviewer of the Memoir on modern Greek. - - -TO JUDGE ROANE. - - POPLAR FOREST, September 6, 1819. - -DEAR SIR,--I had read in the Enquirer, and with great approbation, -the pieces signed Hampden, and have read them again with redoubled -approbation, in the copies you have been so kind as to send me. I -subscribe to every title of them. They contain the true principles of the -revolution of 1800, for that was as real a revolution in the principles -of our government as that of 1776 was in its form; not effected indeed -by the sword, as that, but by the rational and peaceable instrument -of reform, the suffrage of the people. The nation declared its will by -dismissing functionaries of one principle, and electing those of another, -in the two branches, executive and legislative, submitted to their -election. Over the judiciary department, the constitution had deprived -them of their control. That, therefore, has continued the reprobated -system, and although new matter has been occasionally incorporated into -the old, yet the leaven of the old mass seems to assimilate to itself -the new, and after twenty years' confirmation of the federated system -by the voice of the nation, declared through the medium of elections, we -find the judiciary on every occasion, still driving us into consolidation. - -In denying the right they usurp of exclusively explaining the -constitution, I go further than you do, if I understand rightly your -quotation from the Federalist, of an opinion that "the judiciary is the -last resort in relation _to the other departments_ of the government, -but not in relation to the rights of the parties to the compact under -which the judiciary is derived." If this opinion be sound, then indeed -is our constitution a complete _felo de se_. For intending to establish -three departments, co-ordinate and independent, that they might check -and balance one another, it has given, according to this opinion, to -one of them alone, the right to prescribe rules for the government of -the others, and to that one too, which is unelected by, and independent -of the nation. For experience has already shown that the impeachment -it has provided is not even a scare-crow; that such opinions as the one -you combat, sent cautiously out, as you observe also, by detachment, not -belonging to the case often, but sought for out of it, as if to rally -the public opinion beforehand to their views, and to indicate the line -they are to walk in, have been so quietly passed over as never to have -excited animadversion, even in a speech of any one of the body entrusted -with impeachment. The constitution, on this hypothesis, is a mere thing -of wax in the hands of the judiciary, which they may twist and shape into -any form they please. It should be remembered, as an axiom of eternal -truth in politics, that whatever power in any government is independent, -is absolute also; in theory only, at first, while the spirit of the -people is up, but in practice, as fast as that relaxes. Independence -can be trusted nowhere but with the people in mass. They are inherently -independent of all but moral law. My construction of the constitution is -very different from that you quote. It is that each department is truly -independent of the others, and has an equal right to decide for itself -what is the meaning of the constitution in the cases submitted to its -action; and especially, where it is to act ultimately and without appeal. -I will explain myself by examples, which, having occurred while I was -in office, are better known to me, and the principles which governed them. - -A legislature had passed the sedition law. The federal courts had -subjected certain individuals to its penalties of fine and imprisonment. -On coming into office, I released these individuals by the power of -pardon committed to executive discretion, which could never be more -properly exercised than where citizens were suffering without the -authority of law, or, which was equivalent, under a law unauthorized by -the constitution, and therefore null. In the case of Marbury and Madison, -the federal judges declared that commissions, signed and sealed by the -President, were valid, although not delivered. I deemed delivery essential -to complete a deed, which, as long as it remains in the hands of the -party, is as yet no need, it is in _posse_ only, but not in _esse_, and -I withheld delivery of the commissions. They cannot issue a mandamus -to the President or legislature, or to any of their officers.[3] When -the British treaty of ---- arrived, without any provision against the -impressment of our seamen, I determined not to ratify it. The Senate -thought I should ask their advice. I thought that would be a mockery of -them, when I was predetermined against following it, should they advise -its ratification. The constitution had made their advice necessary to -confirm a treaty, but not to reject it. This has been blamed by some; -but I have never doubted its soundness. In the cases of two persons, -_antenati_, under exactly similar circumstances, the federal court had -determined that one of them (Duane) was not a citizen; the House of -Representatives nevertheless determined that the other (Smith, of South -Carolina) was a citizen, and admitted him to his seat in their body. -Duane was a republican, and Smith a federalist, and these decisions were -made during the federal ascendancy. - -These are examples of my position, that each of the three departments -has equally the right to decide for itself what is its duty under the -constitution, without any regard to what the others may have decided -for themselves under a similar question. But you intimate a wish that my -opinion should be known on this subject. No, dear Sir, I withdraw from all -contests of opinion, and resign everything cheerfully to the generation -now in place. They are wiser than we were, and their successors will be -wiser than they, from the progressive advance of science. Tranquillity -is the _summum bonum_ of age. I wish, therefore, to offend no man's -opinion, nor to draw disquieting animadversions on my own. While duty -required it, I met opposition with a firm and fearless step. But loving -mankind in my individual relations with them, I pray to be permitted to -depart in their peace; and like the superannuated soldier, "_quadragenis -stipendiis emeritis_," to hang my arms on the post. I have unwisely, I -fear, embarked in an enterprise of great public concern, but not to be -accomplished within my term, without their liberal and prompt support. A -severe illness the last year, and another from which I am just emerged, -admonish me that repetitions may be expected, against which a declining -frame cannot long bear up. I am anxious, therefore, to get our University -so far advanced as may encourage the public to persevere to its final -accomplishment. That secured, I shall sing my _nunc demittas_. I hope -your labors will be long continued in the spirit in which they have -always been exercised, in maintenance of those principles on which I -verily believe the future happiness of our country essentially depends. -I salute you with affectionate and great respect. - -FOOTNOTE: - - [3] The constitution controlling the common law in this - particular. - - -TO MR. MOORE. - - MONTICELLO, September 22, 1819. - -I thank you, Sir, for the remarks on the pronunciation of the Greek -language which you have been so kind as to send me. I have read them with -pleasure, as I had the pamphlet of Mr. Pickering on the same subject. -This question has occupied long and learned inquiry, and cannot, as I -apprehend, be ever positively decided. Very early in my classical days, -I took up the idea that the ancient Greek language having been changed -by degrees into the modern, and the present race of that people having -received it by tradition, they had of course better pretensions to the -ancient pronunciation also, than any foreign nation could have. When at -Paris, I became acquainted with some learned Greeks, from whom I took -pains to learn the modern pronunciation. But I could not receive it -as genuine _in toto_. I could not believe that the ancient Greeks had -provided six different notations for the simple sound of ι, iota, and -left the five other sounds which we give to η, υ, ει, οι, υι, without any -characters of notation at all. I could not acknowledge the υ, upsillon, -as an equivalent to our _v_, as in Αχιλλευς, which they pronounce -Achillevs, nor the γ gamma, to our _y_, as in αλγε', which they pronounce -alye. I concluded, therefore, that as experience proves to us that the -pronunciation of all languages changes, in their descent through time, -that of the Greek must have done so also in some degree; and the more -probably, as the body of the words themselves had substantially changed, -and I presumed that the instances above mentioned might be classed with -the degeneracies of time; a presumption strengthened by their remarkable -cacophony. As to all the other letters, I have supposed we might yield -to their traditionary claim of a more orthodox pronunciation. Indeed, -they sound most of them as we do, and, where they differ, as in the β, δ, -χ, their sounds do not revolt us, nor impair the beauty of the language. - -If we adhere to the Erasmian pronunciation, we must go to Italy for -it, as we must do for the most probably correct pronunciation of the -language of the Romans, because rejecting the modern, we must argue -that the ancient pronunciation was probably brought from Greece, with -the language itself; and, as Italy was the country to which it was -brought, and from which it emanated to other nations, we must presume -it better preserved there than with the nations copying from them, who -would be apt to affect its pronunciation with some of their own national -peculiarities. And in fact, we find that no two nations pronounce it -alike, although all pretend to the Erasmian pronunciation. But the whole -subject is conjectural, and allows therefore full and lawful scope to -the vagaries of the human mind. I am glad, however, to see the question -stirred here; because it may excite among our young countrymen a spirit -of inquiry and criticism, and lead them to more attention to this most -beautiful of all languages. And wishing that the salutary example you -have set may have this good effect, I salute you with great respect and -consideration. - - -TO MR. SHORT. - - MONTICELLO, October 31, 1819. - -DEAR SIR,--Your favor of the 21st is received. My late illness, in which -you are so kind as to feel an interest, was produced by a spasmodic -stricture of the ilium, which came upon me on the 7th inst. The crisis -was short, passed over favorably on the fourth day, and I should soon -have been well but that a dose of calomel and jalap, in which were only -eight or nine grains of the former, brought on a salivation. Of this, -however, nothing now remains but a little soreness of the mouth. I have -been able to get on horseback for three or four days past. - -As you say of yourself, I too am an Epicurian. I consider the genuine (not -the imputed) doctrines of Epicurus as containing everything rational in -moral philosophy which Greece and Rome have left us. Epictetus indeed, -has given us what was good of the stoics; all beyond, of their dogmas, -being hypocrisy and grimace. Their great crime was in their calumnies of -Epicurus and misrepresentations of his doctrines; in which we lament to -see the candid character of Cicero engaging as an accomplice. Diffuse, -vapid, rhetorical, but enchanting. His prototype Plato, eloquent as -himself, dealing out mysticisms incomprehensible to the human mind, has -been deified by certain sects usurping the name of Christians; because, -in his foggy conceptions, they found a basis of impenetrable darkness -whereon to rear fabrications as delirious, of their own invention. -These they fathered blasphemously on him whom they claimed as their -founder, but who would disclaim them with the indignation which their -caricatures of his religion so justly excite. Of Socrates we have nothing -genuine but in the Memorabilia of Xenophon; for Plato makes him one of -his Collocutors merely to cover his own whimsies under the mantle of -his name; a liberty of which we are told Socrates himself complained. -Seneca is indeed a fine moralist, disfiguring his work at times with -some Stoicisms, and affecting too much of antithesis and point, yet -giving us on the whole a great deal of sound and practical morality. But -the greatest of all the reformers of the depraved religion of his own -country, was Jesus of Nazareth. Abstracting what is really his from the -rubbish in which it is buried, easily distinguished by its lustre from -the dross of his biographers, and as separable from that as the diamond -from the dunghill, we have the outlines of a system of the most sublime -morality which has ever fallen from the lips of man; outlines which it is -lamentable he did not live to fill up. Epictetus and Epicurus give laws -for governing ourselves, Jesus a supplement of the duties and charities -we owe to others. The establishment of the innocent and genuine character -of this benevolent moralist, and the rescuing it from the imputation of -imposture, which has resulted from artificial systems,[4] invented by -ultra-Christian sects, unauthorized by a single word ever uttered by him, -is a most desirable object, and one to which Priestley has successfully -devoted his labors and learning. It would in time, it is to be hoped, -effect a quiet euthanasia of the heresies of bigotry and fanaticism which -have so long triumphed over human reason, and so generally and deeply -afflicted mankind; but this work is to be begun by winnowing the grain -from the chaff of the historians of his life. I have sometimes thought -of translating Epictetus (for he has never been tolerably translated -into English) by adding the genuine doctrines of Epicurus from the -Syntagma of Gassendi, and an abstract from the Evangelists of whatever -has the stamp of the eloquence and fine imagination of Jesus. The last -I attempted too hastily some twelve or fifteen years ago. It was the -work of two or three nights only, at Washington, after getting through -the evening task of reading the letters and papers of the day. But with -one foot in the grave, these are now idle projects for me. My business -is to beguile the wearisomeness of declining life, as I endeavor to do, -by the delights of classical reading and of mathematical truths, and by -the consolations of a sound philosophy, equally indifferent to hope and -fear. - -I take the liberty of observing that you are not a true disciple of -our master Epicurus, in indulging the indolence to which you say you -are yielding. One of his canons, you know, was that "that indulgence -which presents a greater pleasure, or produces a greater pain, is to be -avoided." Your love of repose will lead, in its progress, to a suspension -of healthy exercise, a relaxation of mind, an indifference to everything -around you, and finally to a debility of body, and hebetude of mind, -the farthest of all things from the happiness which the well-regulated -indulgences of Epicurus ensure; fortitude, you know, is one of his four -cardinal virtues. That teaches us to meet and surmount difficulties; not -to fly from them, like cowards; and to fly, too, in vain, for they will -meet and arrest us at every turn of our road. Weigh this matter well; -brace yourself up; take a seat with Correa, and come and see the finest -portion of your country, which, if you have not forgotten, you still do -not know, because it is no longer the same as when you knew it. It will -add much to the happiness of my recovery to be able to receive Correa and -yourself, and prove the estimation in which I hold you both. Come, too, -and see our incipient University, which has advanced with great activity -this year. By the end of the next, we shall have elegant accommodations -for seven professors, and the year following the professors themselves. -No secondary character will be received among them. Either the ablest -which America or Europe can furnish, or none at all. They will give us -the selected society of a great city separated from the dissipations -and levities of its ephemeral insects. - -I am glad the bust of Condorcet has been saved and so well placed. His -genius should be before us; while the lamentable, but singular act of -ingratitude which tarnished his latter days, may be thrown behind us. - -I will place under this a syllabus of the doctrines of Epicurus, somewhat -in the lapidary style, which I wrote some twenty years ago, a like one -of the philosophy of Jesus, of nearly the same age, is too long to be -copied. _Vale, et tibi persuade carissimum te esse mihi._ - - _Syllabus of the doctrines of Epicurus._ - -_Physical._--The Universe eternal. - -Its parts, great and small, interchangeable. - -Matter and Void alone. - -Motion inherent in matter which is weighty and declining. - -Eternal circulation of the elements of bodies. - -Gods, an order of beings next superior to man, enjoying in their sphere, -their own felicities; but not meddling with the concerns of the scale -of beings below them. - -_Moral._--Happiness the aim of life. - -Virtue the foundation of happiness. - -Utility the test of virtue. - -Pleasure active and In-do-lent. - -In-do-lence is the absence of pain, the true felicity. - -Active, consists in agreeable motion; it is not happiness, but the means -to produce it. - -Thus the absence of hunger is an article of felicity; eating the means -to obtain it. - -The _summum bonum_ is to be not pained in body, nor troubled in mind. - -_i. e._ In-do-lence of body, tranquillity of mind. - -To procure tranquillity of mind we must avoid desire and fear, the two -principal diseases of the mind. - -Man is a free agent. - -Virtue consists in 1. Prudence. 2. Temperance. 3. Fortitude. 4. Justice. - -To which are opposed, 1. Folly. 2. Desire. 3. Fear. 4. Deceit. - -FOOTNOTE: - - [4] _e. g._ The immaculate conception of Jesus, his - deification, the creation of the world by him, his - miraculous powers, his resurrection and visible ascension, - his corporeal presence in the Eucharist, the Trinity, - original sin, atonement, regeneration, election, orders of - Hierarchy, &c. - - -TO J. ADAMS, ESQ. - - MONTICELLO, November 7, 1819. - -DEAR SIR,--Three long and dangerous illnesses within the last twelve -months, must apologize for my long silence towards you. - -The paper bubble is then burst. This is what you and I, and every -reasoning man, seduced by no obliquity of mind or interest, have long -foreseen; yet its disastrous effects are not the less for having been -foreseen. We were laboring under a dropsical fulness of circulating -medium. Nearly all of it is now called in by the banks, who have the -regulation of the safety-valves of our fortunes, and who condense and -explode them at their will. Lands in this State cannot now be sold for -a year's rent; and unless our Legislature have wisdom enough to effect -a remedy by a gradual diminution only of the medium, there will be a -general revolution of property in this State. Over our own paper and that -of other States coming among us, they have competent powers; over that of -the bank of the United States there is doubt, not here, but elsewhere. -That bank will probably conform voluntarily to such regulations as the -Legislature may prescribe for the others. If they do not, we must shut -their doors, and join the other States which deny the right of Congress -to establish banks, and solicit them to agree to some mode of settling -this constitutional question. They have themselves twice decided against -their right, and twice for it. Many of the States have been uniform in -denying it, and between such parties the Constitution has provided no -umpire. I do not know particularly the extent of this distress in the -other States; but southwardly and westwardly I believe all are involved -in it. God bless you, and preserve you many years. - - -TO COLONEL JOHN NICHOLAS. - - MONTICELLO, November 10, 1819. - -SIR,--Your letter, and the draught of a memorial proposed to be presented -to the Legislature, are duly received. With respect to impressions from -any differences of political opinion, whether major or minor, alluded -to in your letter, I have none. I left them all behind me on quitting -Washington, where alone the state of things had, till then, required -some attention to them. Nor was that the lightest part of the load I -was there disburthened of; and could I permit myself to believe that -with the change of circumstances a corresponding change had taken place -in the minds of those who differed from me, and that I now stand in the -peace and good will of my fellow-citizens generally, it would indeed be -a sweetening ingredient in the last dregs of my life. It is not then -from that source that my testimony may be scanty, but from a decaying -memory, illy retaining things of recent transaction, and scarcely with -any distinctness those of forty years back, the period to which your -memorial refers: general impressions of them remain, but details are -mostly obliterated. - -Of the transfer of your corps from the general to the State line, and the -other facts in the memorial preceding my entrance on the administration -of the State government, June 2, 1779, I, of course, have no knowledge; -but public documents, as well as living witnesses, will probably supply -this. In 1780, I remember your appointment to a command in the militia -sent under General Stevens to the aid of the Carolinas, of which fact the -commission signed by myself is sufficient proof. But I have no particular -recollections which respect yourself personally in that service. Of what -took place during Arnold's invasion in the subsequent winter I have -more knowledge, because so much passed under my own eye, and I have -the benefit of some notes to aid my memory. In the short interval of -fifty-seven hours between our knowing they had entered James river and -their actual debarkation at Westover, we could get together but a small -body of militia, (my notes say of three hundred men only,) chiefly from -the city and its immediate vicinities. You were placed in the command -of these, and ordered to proceed to the neighborhood of the enemy, not -with any view to face them directly with so small a force, but to hang -on their skirts, and to check their march as much as could be done, to -give time for the more distant militia to assemble. The enemy were not -to be delayed, however, and were in Richmond in twenty-four hours from -their being formed on shore at Westover. The day before their arrival at -Richmond, I had sent my family to Tuckahoe, as the memorial states, at -which place I joined them about 1 o'clock of that night, having attended -late at Westham, to have the public stores and papers thrown across the -river. You came up to us at Tuckahoe the next morning, and accompanied -me, I think, to Britton's opposite Westham, to see about the further -safety of the arms and other property. Whether you stayed there to look -after them, or went with me to the heights of Manchester, and returned -thence to Britton's, I do not recollect. The enemy evacuated Richmond at -noon of the 5th of January, having remained there but twenty-three hours. -I returned to it in the morning of the 8th, they being still encamped -at Westover and Berkley, and yourself and corps at the Forest. They -re-embarked at 1 o'clock of the 10th. The particulars of your movements -down the river, to oppose their re-landing at different points, I do -not specifically recollect, but, as stated in the memorial, they are so -much in agreement with my general impressions, that I have no doubt of -their correctness, and know that your conduct from the first advance -of the enemy to his departure, was approved by myself and by others -generally. The rendezvous of the militia at the Tuckahoe bridge, and -your having the command of them, I think I also remember, but nothing -of their subsequent movements. The legislature had adjourned to meet at -Charlottesville, where, at the expiration of my second year, I declined -a re-election in the belief that a military man would be more likely to -render services adequate to the exigencies of the times. Of the subsequent -facts, therefore, stated in the memorial, I have no knowledge. - -This, Sir, is the sum of the information I am able to give on the -subjects of your memorial, and if it may contribute to the purposes of -justice in your case, I shall be happy that in bearing testimony to the -truth, I shall have rendered you a just service. I return the memorial -and commission, as requested, and pray you to accept my respectful -salutations. - - -TO MR. RIVES. - - MONTICELLO, November 28, 1819. - -DEAR SIR,--The distresses of our country, produced first by the flood, -then by the ebb of bank paper, are such as cannot fail to engage the -interposition of the legislature. Many propositions will, of course, be -offered, from all of which something may probably be culled to make a -good whole. I explained to you my project, when I had the pleasure of -possessing you here; and I now send its outline in writing, as I believe -I promised you. Although preferable things will I hope be offered, yet -some twig of this may perhaps be thought worthy of being engrafted on -a better stock. But I send it with no particular object or request, -but to use it as you please. Suppress it, suggest it, sound opinions, -or anything else, at will, only keeping my name unmentioned, for which -purpose it is copied in another hand, being ever solicitous to avoid -all offence which is heavily felt, when retired from the bustle and -contentions of the world. If we suffer the moral of the present lesson -to pass away without improvement by the eternal suppression of bank -_paper_, then indeed is the condition of our country desperate, until -the slow advance of public instruction shall give to our functionaries -the wisdom of their station. _Vale, et tibi persuade carissimum te mihi -esse._ - -_Plan for reducing the circulating medium._ - -The plethory of circulating medium which raised the prices of everything -to several times their ordinary and standard value, in which state of -things many and heavy debts were contracted; and the sudden withdrawing -too great a proportion of that medium, and reduction of prices far below -that standard, constitute the disease under which we are now laboring, -and which must end in a general revolution of property, if some remedy -is not applied. That remedy is clearly a gradual reduction of the medium -to its standard level, that is to say, to the level which a metallic -medium will always find for itself, so as to be in equilibrio with that -of the nations with which we have commerce. - -To effect this, - -Let the whole of the present paper medium be suspended in its circulation -after a certain and not distant day. - -Ascertain by proper inquiry the greatest sum of it which has at any one -time been in actual circulation. - -Take a certain term of years for its gradual reduction, suppose it to be -five years; then let the solvent banks issue ⅚ of that amount in new -notes, to be attested by a public officer, as a security that neither -more or less is issued, and to be given out in exchange for the suspended -notes, and the surplus in discount. - -Let ⅕th of these notes bear on their face that the bank will discharge -them with specie at the end of one year; another 5th at the end of two -years; a third 5th at the end of three years; and so of the 4th and -5th. They will be sure to be brought in at their respective periods of -redemption. - -Make it a high offence to receive or pass within this State a note of -any other. - -There is little doubt that our banks will agree readily to this operation; -if they refuse, declare their charters forfeited by their former -irregularities, and give summary process against them for the suspended -notes. - -The Bank of the United States will probably concur also; if not, shut -their doors and join the other States in respectful, but firm applications -to Congress, to concur in constituting a tribunal (a special convention, -_e. g._) for settling amicably the question of their right to institute -a bank, and that also of the States to do the same. - -A stay-law for the suspension of executions, and their discharge at five -annual instalments, should be accommodated to these measures. - -Interdict forever, to both the State and national governments, the power -of establishing any paper bank; for without this interdiction, we shall -have the same ebbs and flows of medium, and the same revolutions of -property to go through every twenty or thirty years. - -In this way the value of property, keeping pace nearly with the sum of -circulating medium, will descend gradually to its proper level, at the -rate of about ⅕ every year, the sacrifices of what shall be sold for -payment of the first instalments of debts will be moderate, and time will -be given for economy and industry to come in aid of those subsequent. -Certainly no nation ever before abandoned to the avarice and jugglings of -private individuals to regulate, according to their own interests, the -quantum of circulating medium for the nation, to inflate, by deluges of -paper, the nominal prices of property, and then to buy up that property -at 1s. in the pound, having first withdrawn the floating medium which -might endanger a competition in purchase. Yet this is what has been -done, and will be done, unless stayed by the protecting hand of the -legislature. The evil has been produced by the error of their sanction of -this ruinous machinery of banks; and justice, wisdom, duty, all require -that they should interpose and arrest it before the schemes of plunder -and spoliation desolate the country. It is believed that Harpies are -already hoarding their money to commence these scenes on the separation -of the legislature; and we know that lands have been already sold under -the hammer for less than a year's rent. - - -TO JOHN ADAMS. - - MONTICELLO, December 10, 1819. - -DEAR SIR,--I have to acknowledge the receipt of your favor of November -the 23d. The banks, bankrupt law, manufactures, Spanish treaty, are -nothing. These are occurrences which, like waves in a storm, will pass -under the ship. But the Missouri question is a breaker on which we lose -the Missouri country by revolt, and what more, God only knows. From the -battle of Bunker's Hill to the treaty of Paris, we never had so ominous -a question. It even damps the joy with which I hear of your high health, -and welcomes to me the consequences of my want of it. I thank God that -I shall not live to witness its issue. _Sed hæc hactenus._ - -I have been amusing myself latterly with reading the voluminous letters -of Cicero. They certainly breathe the purest effusions of an exalted -patriot, while the parricide Cæsar is lost in odious contrast. When the -enthusiasm, however, kindled by Cicero's pen and principles, subsides -into cool reflection, I ask myself, what was that government which the -virtues of Cicero were so zealous to restore, and the ambition of Cæsar -to subvert? And if Cæsar had been as virtuous as he was daring and -sagacious, what could he, even in the plenitude of his usurped power, -have done to lead his fellow citizens into good government? I do not -say to _restore it_, because they never had it, from the rape of the -Sabines to the ravages of the Cæsars. If their people indeed had been, -like ourselves, enlightened, peaceable, and really free, the answer -would be obvious. "Restore independence to all your foreign conquests, -relieve Italy from the government of the rabble of Rome, consult it as -a nation entitled to self-government, and do its will." But steeped in -corruption, vice and venality, as the whole nation was, (and nobody had -done more than Cæsar to corrupt it,) what could even Cicero, Cato, Brutus -have done, had it been referred to them to establish a good government -for their country? They had no ideas of government themselves, but of -their degenerate Senate, nor the people of liberty, but of the factious -opposition of their Tribunes. They had afterwards their Tituses, their -Trajans and Antoninuses, who had the will to make them happy, and the -power to mould their government into a good and permanent form. But -it would seem as if they could not see their way clearly to do it. No -government can continue good, but under the control of the people; and -their people were so demoralized and depraved, as to be incapable of -exercising a wholesome control. Their reformation then was to be taken -up _ab incunabulis_. Their minds were to be informed by education what is -right and what wrong; to be encouraged in habits of virtue, and deterred -from those of vice by the dread of punishments, proportioned indeed, -but irremissible; in all cases, to follow truth as the only safe guide, -and to eschew error, which bewilders us in one false consequence after -another, in endless succession. These are the inculcations necessary -to render the people a sure basis for the structure of order and good -government. But this would have been an operation of a generation or -two, at least, within which period would have succeeded many Neros and -Commoduses, who would have quashed the whole process. I confess then, I -can neither see what Cicero, Cato, and Brutus, united and uncontrolled, -could have devised to lead their people into good government, nor how -this enigma can be solved, nor how further shown why it has been the -fate of that delightful country never to have known, to this day, and -through a course of five and twenty hundred years, the history of which -we possess, one single day of free and rational government. Your intimacy -with their history, ancient, middle and modern, your familiarity with -the improvements in the science of government at this time, will enable -you, if any body, to go back with our principles and opinions to the -times of Cicero, Cato and Brutus, and tell us by what process these great -and virtuous men could have led so unenlightened and vitiated a people -into freedom and good government, _et eris mihi magnus Apollo. Cura ut -valeas, et tibi persuadeas carissimum te mihi esse._ - - -JOHN ADAMS TO THOMAS JEFFERSON. - - MONTEZILLO, December 21, 1819. - -DEAR SIR,--I must answer your great question of the 10th in the words of -Dalembert to his correspondent, who asked him what is matter--"_Je vous -avoue je ne sçais rien_." In some part of my life I record a great work -of a Scotchman on the court of Augustus, in which, with much learning, -hard study, and fatiguing labor, he undertook to prove that had Brutus -and Cassius been conqueror, they would have restored virtue and liberty -to Rome. - -_Mais je n'en crois rien._ Have you ever found in history one single -example of a nation, thoroughly corrupted, that was afterwards restored -to virtue, and without virtue there can be no political liberty. - -If I were a Calvinist, I might pray that God by a miracle of divine grace -would instantaneously convert a whole contaminated nation from turpitude -to purity; but even in this I should be inconsistent, for the fatalism -of Mahometanism, Materialists, Atheists, Pantheists, and Calvinists, -and church of England articles, appear to me to render all prayer futile -and absurd. The French and the Dutch, in our day, have attempted reforms -and revolutions. We know the results, and I fear the English reformers -will have no better success. - -Will you tell me how to prevent riches from becoming the effects of -temperance and industry. Will you tell me how to prevent riches from -producing luxury. Will you tell me how to prevent luxury from producing -effeminacy, intoxication, extravagance, vice and folly? When you will -answer me these questions, I hope I may venture to answer yours; yet all -these ought not to discourage us from exertion, for with my friend Jeb, -I believe no effort in favor of virtue is lost, and all good men ought -to struggle both by their council and example. - -The Missouri question, I hope, will follow the other waves under the -ship, and do no harm. I know it is high treason to express a doubt -of the perpetual duration of our vast American empire, and our free -institution; and I say as devoutly as father Paul, _estor perpetua_, -but I am sometimes Cassandra enough to dream that another Hamilton, and -another Burr, might rend this mighty fabric in twain, or perhaps into -a leash; and a few more choice spirits of the same stamp, might produce -as many nations in North America as there are in Europe. - -To return to the Romans. I never could discover that they possessed -much virtue, or real liberty. Their Patricians were in general griping -usurers, and tyrannical creditors in all ages. Pride, strength, and -courage, were all the virtues that composed their national characters; a -few of their nobles effecting simplicity, frugality, and piety, perhaps -really possessing them, acquired popularity amongst the plebeians, and -extended the power and dominions of the republic, and advanced in glory -till riches and luxury come in, sat like an incubus on the Republic, -_victam que ulcissitur orbem_. - -Our winter sets in a fortnight earlier than usual, and is pretty severe. -I hope you have fairer skies, and milder air. Wishing your health may -last as long as your life, and your life as long as you desire it, I -am, dear Sir, respectfully and affectionately, - - -TO H. NELSON, ESQ. - - MONTICELLO, March 12, 1820. - -I thank you, dear Sir, for the information in your favor of the 4th -instant, of the settlement, _for the present_, of the Missouri question. -I am so completely withdrawn from all attention to public matters, that -nothing less could arouse me than the definition of a geographical line, -which on an abstract principle is to become the line of separation of -these States, and to render desperate the hope that man can ever enjoy -the two blessings of peace and self-government. The question sleeps for -the present, but is not dead. This State is in a condition of unparalleled -distress. The sudden reduction of the circulating medium from a plethory -to all but annihilation is producing an entire revolution of fortune. -In other places I have known lands sold by the sheriff for one year's -rent; beyond the mountain we hear of good slaves selling for one hundred -dollars, good horses for five dollars, and the sheriffs generally -the purchasers. Our produce is now selling at market for one-third -of its price, before this commercial catastrophe, say flour at three -and a quarter and three and a half dollars the barrel. We should have -less right to expect relief from our legislators if they had been the -establishers of the unwise system of banks. A remedy to a certain degree -was practicable, that of reducing the quantum of circulation gradually -to a level with that of the countries with which we have commerce, and -an eternal abjuration of paper. But they have adjourned without doing -anything. I fear local insurrections against these horrible sacrifices -of property. In every condition of trouble or tranquillity be assured -of my constant esteem and respect. - - -TO MR. ADAMS. - - MONTICELLO, March 14, 1820. - -DEAR SIR,--A continuation of poor health makes me an irregular -correspondent. I am, therefore, your debtor for the two letters of -January 20th and February 21st. It was after you left Europe that Dugald -Stuart, concerning whom you inquire, and Lord Dare, second son of the -Marquis of Lansdown, came to Paris. They brought me a letter from Lord -Wycombe, whom you knew. I became immediately intimate with Stuart, calling -mutually on each other and almost daily, during their stay at Paris, -which was of some months. Lord Dare was a young man of imagination, with -occasional flashes indicating deep penetration, but of much caprice, -and little judgment. He has been long dead, and the family title is -now, I believe, in the third son, who has shown in Parliament talents -of a superior order. Stuart is a great man, and among the most honest -living. I have heard nothing of his dying at top, as you suppose. Mr. -Tickner, however, can give you the best information on that subject, -as he must have heard particularly of him when in Edinburgh, although -I believe he did not see him. I have understood he was then in London -superintending the publication of a new work. I consider him and Tracy as -the ablest metaphysicians living; by which I mean investigators of the -thinking faculty of man. Stuart seems to have given its natural history -from facts and observations; Tracy its modes of action and deduction, -which he calls Logic, and Ideology; and Cabanis, in his Physique et -Morale de l'Homme, has investigated anatomically, and most ingeniously, -the particular organs in the human structure which may most probably -exercise that faculty. And they ask why may not the mode of action called -thought, have been given to a material organ of peculiar structure, as -that of magnetism is to the needle, or of elasticity to the spring by -a particular manipulation of the steel. They observe that on ignition -of the needle or spring, their magnetism and elasticity cease. So on -dissolution of the material organ by death, its action of thought may -cease also, and that nobody supposes that the magnetism or elasticity -retire to hold a substantive and distinct existence. These were qualities -only of particular conformations of matter; change the conformation, and -its qualities change also. Mr. Locke, you know, and other materialists, -have charged with blasphemy the spiritualists who have denied the Creator -the power of endowing certain forms of matter with the faculty of thought. -These, however, are speculations and subtleties in which, for my own -part, I have little indulged myself. When I meet with a proposition -beyond finite comprehension, I abandon it as I do a weight which human -strength cannot lift, and I think ignorance, in these cases, is truly the -softest pillow on which I can lay my head. Were it necessary, however, to -form an opinion, I confess I should, with Mr. Locke, prefer swallowing -one incomprehensibility rather than two. It requires one effort only -to admit the single incomprehensibility of matter endowed with thought, -and two to believe, first that of an existence called spirit, of which -we have neither evidence nor idea, and then secondly how that spirit, -which has neither extension nor solidity, can put material organs into -motion. Those are things which you and I may perhaps know ere long. We -have so lived as to fear neither horn of the dilemma. We have, willingly, -done injury to no man; and have done for our country the good which has -fallen in our way, so far as commensurate with the faculties given us. -That we have not done more than we could, cannot be imputed to us as -a crime before any tribunal. I look, therefore, to the crisis, as I am -sure you also do, as one "_qui summum nec metuit diem nec optat_." In -the meantime be our last as cordial as were our first affections. - - -TO THE HONORABLE MARK LANGDON HILL. - - MONTICELLO, April 5, 1820. - -SIR,--A near relation of my late friend Governor Langdon, needs no apology -for addressing a letter to me, that relationship giving sufficient title -to all my respect. We were fellow laborers from the beginning of the first -to the accomplishment of the second revolution in our government, of the -same zeal and the same sentiments, and I shall honor his memory while -memory remains to me. The letter you mention is proof of my friendship -and unreserved confidence in him; it was written in warm times, and is -therefore too warmly expressed for the more reconciled temper of the -present day. I must pray you, therefore, not to let it get before the -public, lest it rekindle a flame which burnt too long and too fiercely -against me. It was my lot to be placed at the head of the column which -made the first breach in the ramparts of federalism, and to be charged, -on that event, with the duty of changing the course of the government -from what we deemed a monarchical, to its republican tack. This made me -the mark for every shaft which calumny and falsehood could point against -me. I bore them with resignation, as one of the duties imposed on me -by my post. But I assure you it was among the most painful duties from -which I hoped to find relief in retirement. Tranquillity is the _summum -bonum_ of old age and ill health, and nothing could so much disturb -this with me as to awaken angry feelings from the slumber in which I -wish them ever to remain. I beseech you then, good Sir, in the name of -my departed friend, not to bring on me a contention which neither duty -nor public good require me to encounter. - -I regret the circumstances which have deprived us of the pleasure of -your visit, but console myself with the French proverb that "all is not -lost which is deferred," and the hope that more favorable circumstances -will some day give us that gratification. I congratulate you on the -sleep of the Missouri question. I wish I could say on its death, but -of this I despair. The idea of a geographical line once suggested will -brood in the minds of all those who prefer the gratification of their -ungovernable passions to the peace and union of their country. If I do -not contemplate this subject with pleasure, I do sincerely that of the -independence of Maine, and the wise choice they have made of General King -in the agency of their affairs, and I tender to yourself the assurance -of my esteem and respect. - - -TO WILLIAM SHORT. - - MONTICELLO, April 13, 1820. - -DEAR SIR,--Your favor of March the 27th is received, and as you request, -a copy of the syllabus is now enclosed. It was originally written to Dr. -Rush. On his death, fearing that the inquisition of the public might get -hold of it, I asked the return of it from the family, which they kindly -complied with. At the request of another friend, I had given him a copy. -He lent it to _his_ friend to read, who copied it, and in a few months it -appeared in the Theological Magazine of London. Happily that repository -is scarcely known in this country, and the syllabus, therefore, is still -a secret, and in your hands I am sure it will continue so. - -But while this syllabus is meant to place the character of Jesus in -its true and high light, as no impostor himself, but a great reformer -of the Hebrew code of religion, it is not to be understood that I am -with him in all his doctrines. I am a Materialist; he takes the side of -Spiritualism; he preaches the efficacy of repentance towards forgiveness -of sin; I require a counterpoise of good works to redeem it, &c., &c. -It is the innocence of his character, the purity and sublimity of his -moral precepts, the eloquence of his inculcations, the beauty of the -apologues in which he conveys them, that I so much admire; sometimes, -indeed, needing indulgence to eastern hyperbolism. My eulogies, too, may -be founded on a postulate which all may not be ready to grant. Among the -sayings and discourses imputed to him by his biographers, I find many -passages of fine imagination, correct morality, and of the most lovely -benevolence; and others, again, of so much ignorance, so much absurdity, -so much untruth, charlatanism and imposture, as to pronounce it impossible -that such contradictions should have proceeded from the same being. I -separate, therefore, the gold from the dross; restore to him the former, -and leave the latter to the stupidity of some, and roguery of others of -his disciples. Of this band of dupes and impostors, Paul was the great -Coryphæus, and first corruptor of the doctrines of Jesus. These palpable -interpolations and falsifications of his doctrines, led me to try to -sift them apart. I found the work obvious and easy, and that his part -composed the most beautiful morsel of morality which has been given to -us by man. The syllabus is therefore of _his_ doctrines, not _all_ of -_mine_. I read them as I do those of other ancient and modern moralists, -with a mixture of approbation and dissent. - -I rejoice, with you, to see an encouraging spirit of internal improvement -prevailing in the States. The opinion I have ever expressed of the -advantages of a western communication through the James river, I still -entertain; and that the Cayuga is the most promising of the links of -communication. - -The history of our University you know so far. Seven of the ten pavilions -destined for the professors, and about thirty dormitories, will be -completed this year, and three other, with six hotels for boarding, and -seventy other dormitories, will be completed the next year, and the whole -be in readiness then to receive those who are to occupy them. But means -to bring these into place, and to set the machine into motion, must come -from the legislature. An opposition, in the meantime, has been got up. -That of our _alma mater_, William and Mary, is not of much weight. She -must descend into the secondary rank of academies of preparation for -the University. The serious enemies are the priests of the different -religious sects, to whose spells on the human mind its improvement is -ominous. Their pulpits are now resounding with denunciations against -the appointment of Doctor Cooper, whom they charge as a monotheist in -opposition to their tritheism. Hostile as these sects are, in every other -point, to one another, they unite in maintaining their mystical theogony -against those who believe there is one God only. The Presbyterian clergy -are loudest; the most intolerant of all sects, the most tyrannical and -ambitious; ready at the word of the lawgiver, if such a word could be now -obtained, to put the torch to the pile, and to rekindle in this virgin -hemisphere, the flames in which their oracle Calvin consumed the poor -Servetus, because he could not find in his Euclid the proposition which -has demonstrated that three are one and one is three, nor subscribe -to that of Calvin, that magistrates have a right to exterminate all -heretics to Calvinistic Creed. They pant to re-establish, _by law_, that -holy inquisition, which they can now only infuse into _public opinion_. -We have most unwisely committed to the hierophants of our particular -superstition, the direction of public opinion, that lord of the universe. -We have given them stated and privileged days to collect and catechise -us, opportunities of delivering their oracles to the people in mass, -and of moulding their minds as wax in the hollow of their hands. But in -despite of their fulminations against endeavors to enlighten the general -mind, to improve the reason of the people, and encourage them in the use -of it, the liberality of this State will support this institution, and -give fair play to the cultivation of reason. Can you ever find a more -eligible occasion of visiting once more your native country, than that -of accompanying Mr. Correa, and of seeing with him this beautiful and -hopeful institution _in ovo_? - -Although I had laid down as a law to myself, never to write talk, or -even think of politics, to know nothing of public affairs, and therefore -had ceased to read newspapers, yet the Missouri question aroused and -filled me with alarm. The old schism of federal and republican threatened -nothing, because it existed in every State, and united them together -by the fraternism of party. But the coincidence of a marked principle, -moral and political, with a geographical line, once conceived, I feared -would never more be obliterated from the mind; that it would be recurring -on every occasion and renewing irritations, until it would kindle such -mutual and mortal hatred, as to render separation preferable to eternal -discord. I have been among the most sanguine in believing that our Union -would be of long duration. I now doubt it much, and see the event at -no great distance, and the direct consequence of this question; not by -the line which has been so confidently counted on; the laws of nature -control this; but by the Potomac, Ohio and Missouri, or more probably, -the Mississippi upwards to our northern boundary. My only comfort and -confidence is, that I shall not live to see this; and I envy not the -present generation the glory of throwing away the fruits of their fathers' -sacrifices of life and fortune, and of rendering desperate the experiment -which was to decide ultimately whether man is capable of self-government? -This treason against human hope, will signalize their epoch in future -history, as the counterpart of the medal of their predecessors. - -You kindly inquire after my health. There is nothing in it immediately -threatening, but swelled legs, which are kept down mechanically, by -bandages from the toe to the knee. These I have worn for six months. But -the tendency to turgidity may proceed from debility alone. I can walk -the round of my garden; not more. But I ride six or eight miles a day -without fatigue. I shall set out for Poplar Forest within three or four -days; a journey from which my physician augurs much good. - -I salute you with constant and affectionate friendship and respect. - - -TO JOHN HOLMES. - - MONTICELLO, April 22, 1820. - -I thank you, dear Sir, for the copy you have been so kind as to send -me of the letter to your constituents on the Missouri question. It is -a perfect justification to them. I had for a long time ceased to read -newspapers, or pay any attention to public affairs, confident they were -in good hands, and content to be a passenger in our bark to the shore -from which I am not distant. But this momentous question, like a fire -bell in the night, awakened and filled me with terror. I considered it -at once as the knell of the Union. It is hushed, indeed, for the moment. -But this is a reprieve only, not a final sentence. A geographical line, -coinciding with a marked principle, moral and political, once conceived -and held up to the angry passions of men, will never be obliterated; -and every new irritation will mark it deeper and deeper. I can say, with -conscious truth, that there is not a man on earth who would sacrifice more -than I would to relieve us from this heavy reproach, in any _practicable_ -way. The cession of that kind of property, for so it is misnamed, is a -bagatelle which would not cost me a second thought, if, in that way, a -general emancipation and _expatriation_ could be effected; and gradually, -and with due sacrifices, I think it might be. But as it is, we have -the wolf by the ears, and we can neither hold him, nor safely let him -go. Justice is in one scale, and self-preservation in the other. Of -one thing I am certain, that as the passage of slaves from one State to -another, would not make a slave of a single human being who would not be -so without it, so their diffusion over a greater surface would make them -individually happier, and proportionally facilitate the accomplishment -of their emancipation, by dividing the burthen on a greater number of -coadjutors. An abstinence too, from this act of power, would remove the -jealousy excited by the undertaking of Congress to regulate the condition -of the different descriptions of men composing a State. This certainly -is the exclusive right of every State, which nothing in the constitution -has taken from them and given to the General Government. Could Congress, -for example, say, that the non-freemen of Connecticut shall be freemen, -or that they shall not emigrate into any other State? - -I regret that I am now to die in the belief, that the useless sacrifice -of themselves by the generation of 1776, to acquire self-government -and happiness to their country, is to be thrown away by the unwise and -unworthy passions of their sons, and that my only consolation is to be, -that I live not to weep over it. If they would but dispassionately weigh -the blessings they will throw away, against an abstract principle more -likely to be effected by union than by scission, they would pause before -they would perpetrate this act of suicide on themselves, and of treason -against the hopes of the world. To yourself, as the faithful advocate -of the Union, I tender the offering of my high esteem and respect. - - -TO THE PRESIDENT OF THE UNITED STATES. - - MONTICELLO, May 14, 1820. - -DEAR SIR,--Your favor of the 3d is received, and always with welcome. -These texts of truth relieve me from the floating falsehoods of the public -papers. I confess to you I am not sorry for the non-ratification of the -Spanish treaty. Our assent to it has proved our desire to be on friendly -terms with Spain; their dissent, the imbecility and malignity of their -government towards us, have placed them in the wrong in the eyes of the -world, and that is well; but to us the province of Techas will be the -richest State of our Union, without any exception. Its southern part will -make more sugar than we can consume, and the Red river, on its north, is -the most luxuriant country on earth. Florida, moreover, is ours. Every -nation in Europe considers it such a right. We need not care for its -occupation in time of peace, and, in war, the first cannon makes it ours -without offence to anybody. The friendly advisements, too, of Russia -and France, as well as the change of government in Spain, now ensured, -require a further and respectful forbearance. While their request will -rebut the plea of proscriptive possession, it will give us a right to -their approbation when taken in the maturity of circumstances. I really -think, too, that neither the state of our finances, the condition of our -country, nor the public opinion, urges us to precipitation into war. -The treaty has had the valuable effect of strengthening our title to -the Techas, because the cession of the Floridas in exchange for Techas -imports an acknowledgment of our right to it. This province moreover, -the Floridas and possibly Cuba, will join us on the acknowledgment of -their independence, a measure to which their new government will probably -accede voluntarily. But why should I be saying all this to you, whose -mind all the circumstances of this affair have had possession for years? -I shall rejoice to see you here; and were I to live to see you here -finally, it would be a day of jubilee. But our days are all numbered, -and mine are not many. God bless you and preserve you _muchos años_ - - -TO GENERAL TAYLOR. - - MONTICELLO, May 16, 1820. - -DEAR SIR,--We regretted much your absence at the late meeting of the -Board of Visitors, but did not doubt it was occasioned by uncontrollable -circumstances. As the matters which came before us were of great -importance to the institution, I think it a duty to inform you of them. - -You know the sanction of the legislature to our borrowing $60,000 on -the pledge of our annuity of $15,000. The Literary Board offered us -$40,000 on that pledge, to be repaid at five instalments, commencing at -the end of the third year from the date of the loan, and interest to -be regularly paid in the meantime. We endeavored to obtain permission -to draw for only $15,000 at first, and for $2,000 monthly afterwards, -to avoid the payment of dead interest. This they declined, as bound -themselves to keep the whole of their capital always in a course of -fructification. We then requested a postponement of the instalments to -the fourth instead of the third year, with an additional loan of the -further sum of $20,000, authorized by the law. To the postponement they -acceded, and we are assured they will to the further loan. To explain -to them the urgency of this additional year's postponement, a paper was -laid before them of which I enclose you a copy, and on which you are now -acting. Should the legislature not help us to the $93,600 there noted, the -result will be that at the end of the next year all the buildings will -be completed, (the library excepted,) and will then remain unoccupied -five years longer, until our funds shall be free for the engagements of -professors. Should they, on the other hand, give this aid, our funds will -be free, at the beginning of the next year, and will enable us to take -measures for procuring professors in the course of that summer, and to -open the University. We were all of opinion that we ought to complete the -buildings for the ten professors contemplated, as well as accommodations -for the students, before opening the institution; for were we to stop -at any point short of the full establishment, and open partially, as -our funds would thenceforward be absorbed by the professors' salaries, -we should never be able to advance a step further, nor to cover the -whole field of science contemplated by the law, and made the object of -our care and duty. We thought it better, therefore, to risk a delay of -eight years for a perfect establishment, than to begin earlier and go on -forever with a defective one; and we suppose it impossible that either -the legislature, or their constituents, should not consider an immediate -commencement as worth the sum necessary to procure it. You will observe -that in the estimate enclosed, no account is taken of our subscription -monies. They are, in fact, too uncertain in their collection to found -any necessary contracts; and we thought it better therefore to reserve -them as a contingent fund, and a resource to cover miscalculations and -accidents. - -Another subject on this, as on former occasions, gave us embarrassment. -You may have heard of the hue and cry raised from the different pulpits -on our appointment of Dr. Cooper, whom they charge with Unitarianism -as boldly as if they knew the fact, and as presumptuously as if it -were a crime, and one for which, like Servetus, he should be burned; -and perhaps you may have seen the particular attack made on him in -the Evangelical magazine. For myself I was not disposed to regard the -denunciations of these satellites of religious inquisition; but our -colleagues, better judges of popular feeling, thought that they were not -to be altogether neglected; and that it might be better to relieve Dr. -Cooper, ourselves and the institution from this crusade. I had received -a letter from him expressing his uneasiness, not only for himself, but -lest this persecution should become embarrassing to the visitors, and -injurious to the institution; with an offer to resign, if we had the -same apprehensions. The Visitors, therefore, desired the committee of -Superintendence to place him at freedom on this subject, and to arrange -with him a suitable indemnification. I wrote accordingly in answer to his, -and a meeting of trustees of the college at Columbia happening to take -place soon after his receipt of my letter, they resolved unanimously that -it should be proposed to, and urged on their legislature, to establish -a professorship of Geology and Mineralogy, or a professorship of law, -with a salary of $1,000 a year to be given him, in addition to that of -chemistry, which is $2,000 a year, and to purchase his collection of -minerals; and they have no doubt of the legislature's compliance. On -the subject of indemnification, he is contented with the balance of the -$1,500 we had before agreed to give him, and which he says will not more -than cover his actual losses of time and expense; he adds, "it is right -I should acknowledge the liberality of your board with thanks. I regret -the storm that has been raised on my account; for it has separated me -from many fond hopes and wishes. Whatever my religious creed may be, -and perhaps I do not exactly know it myself, it is pleasure to reflect -that my conduct has not brought, and is not likely to bring, discredit -to my friends. Wherever I have been, it has been my good fortune to meet -with, or to make ardent and affectionate friends. I feel persuaded I -should have met with the same lot in Virginia had it been my chance to -have settled there, as I had hoped and expected, for I think my course -of conduct is sufficiently habitual to count on its effects." - -I do sincerely lament that untoward circumstances have brought on us -the irreparable loss of this professor, whom I have looked to as the -corner-stone of our edifice. I know no one who could have aided us so -much in forming the future regulations for our infant institution; and -although we may perhaps obtain from Europe equivalents in science, they -can never replace the advantages of his experience, his knowledge of the -character, habits and manners of our country, his identification with -its sentiments and principles, and high reputation he has obtained in -it generally. - -In the hope of meeting you at our fall visitation, and that you will do -me the favor of making this your head quarters, and of coming the day -before, at least, that we may prepare our business at ease, I tender -you the assurance of my great esteem and respect. - - -TO WILLIAM SHORT. - - MONTICELLO, August 4, 1820. - -DEAR SIR,--I owe you a letter for your favor of June the 29th, which was -received in due time; and there being no subject of the day, of particular -interest, I will make this a supplement to mine of April the 13th. My -aim in that was, to justify the character of Jesus against the fictions -of his pseudo-followers, which have exposed him to the inference of -being an impostor. For if we could believe that he really countenanced -the follies, the falsehoods, and the charlatanisms which his biographers -father on him, and admit the misconstructions, interpolations, and -theorizations of the fathers of the early, and fanatics of the latter -ages, the conclusion would be irresistible by every sound mind, that -he was an impostor. I give no credit to their falsifications of his -actions and doctrines, and to rescue his character, the postulate in -my letter asked only what is granted in reading every other historian. -When Livy and Siculus, for example, tell us things which coincide with -our experience of the order of nature, we credit them on their word, -and place their narrations among the records of credible history. But -when they tell us of calves speaking, of statues sweating blood, and -other things against the course of nature, we reject these as fables -not belonging to history. In like manner, when an historian, speaking -of a character well known and established on satisfactory testimony, -imputes to it things incompatible with that character, we reject them -without hesitation, and assent to that only of which we have better -evidence. Had Plutarch informed us that Cæsar and Cicero passed their -whole lives in religious exercises, and abstinence from the affairs -of the world, we should reject what was so inconsistent with their -established characters, still crediting what he relates in conformity -with our ideas of them. So again, the superlative wisdom of Socrates is -testified by all antiquity, and placed on ground not to be questioned. -When, therefore, Plato puts into his mouth such paralogisms, such quibbles -on words, and sophisms as a school boy would be ashamed of, we conclude -they were the whimsies of Plato's own foggy brain, and acquit Socrates -of puerilities so unlike his character. (Speaking of Plato, I will add, -that no writer, ancient or modern, has bewildered the world with more -_ignus fatui_, than this renowned philosopher, in Ethics, in Politics, -and Physics. In the latter, to specify a single example, compare his -views of the animal economy, in his Timæus, with those of Mrs. Bryan in -her Conversations on Chemistry, and weigh the science of the canonized -philosopher against the good sense of the unassuming lady. But Plato's -visions have furnished a basis for endless systems of mystical theology, -and he is therefore all but adopted as a Christian saint. It is surely -time for men to think for themselves, and to throw off the authority of -names so artificially magnified. But to return from this parenthesis.) I -say, that this free exercise of reason is all I ask for the vindication of -the character of Jesus. We find in the writings of his biographers matter -of two distinct descriptions. First, a groundwork of vulgar ignorance, -of things impossible, of superstitions, fanaticisms, and fabrications. -Intermixed with these, again, are sublime ideas of the Supreme Being, -aphorisms, and precepts of the purest morality and benevolence, sanctioned -by a life of humility, innocence and simplicity of manners, neglect -of riches, absence of worldly ambition and honors, with an eloquence -and persuasiveness which have not been surpassed. These could not be -inventions of the grovelling authors who relate them. They are far beyond -the powers of their feeble minds. They show that there was a character, -the subject of their history, whose splendid conceptions were above all -suspicion of being interpolations from their hands. Can we be at a loss -in separating such materials, and ascribing each to its genuine author? -The difference is obvious to the eye and to the understanding, and we -may read as we run to each his part; and I will venture to affirm, that -he who, as I have done, will undertake to winnow this grain from the -chaff, will find it not to require a moment's consideration. The parts -fall asunder of themselves, as would those of an image of metal and clay. - -There are, I acknowledge, passages not free from objection, which we may, -with probability, ascribe to Jesus himself; but claiming indulgence from -the circumstances under which he acted. His object was the reformation -of some articles in the religion of the Jews, as taught by Moses. That -sect had presented for the object of their worship, a being of terrific -character, cruel, vindictive, capricious, and unjust. Jesus, taking -for his type the best qualities of the human head and heart, wisdom, -justice, goodness, and adding to them power, ascribed all of these, but -in infinite perfection, to the Supreme Being, and formed him really -worthy of their adoration. Moses had either not believed in a future -state of existence, or had not thought it essential to be explicitly -taught to his people. Jesus inculcated that doctrine with emphasis and -precision. Moses had bound the Jews to many idle ceremonies, mummeries, -and observances, of no effect towards producing the social utilities -which constitute the essence of virtue; Jesus exposed their futility and -insignificance. The one instilled into his people the most anti-social -spirit toward other nations; the other preached philanthropy and universal -charity and benevolence. The office of reformer of the superstitions of a -nation, is ever dangerous. Jesus had to walk on the perilous confines of -reason and religion; and a step to right or left might place him within -the grasp of the priests of the superstition, a blood-thirsty race, as -cruel and remorseless as the being whom they represented as the family -God of Abraham, of Isaac and of Jacob, and the local God of Israel. -They were constantly laying snares, too, to entangle him in the web of -the law. He was justifiable, therefore, in avoiding these by evasions, -by sophisms, by misconstructions and misapplications of scraps of the -prophets, and in defending himself with these their own weapons, as -sufficient, _ad homines_, at least. That Jesus did not mean to impose -himself on mankind as the son of God, physically speaking, I have been -convinced by the writings of men more learned than myself in that lore. -But that he might conscientiously believe himself inspired from above, -is very possible. The whole religion of the Jew, inculcated on him from -his infancy, was founded in the belief of divine inspiration. The fumes -of the most disordered imaginations were recorded in their religious -code, as special communications of the Deity; and as it could not but -happen that, in the course of ages, events would now and then turn up -to which some of these vague rhapsodies might be accommodated by the -aid of allegories, figures, types, and other tricks upon words, they -have not only preserved their credit with the Jews of all subsequent -times, but are the foundation of much of the religions of those who -have schismatised from them. Elevated by the enthusiasm of a warm and -pure heart, conscious of the high strains of an eloquence which had not -been taught him, he might readily mistake the coruscations of his own -fine genius for inspirations of an higher order. This belief carried, -therefore, no more personal imputation, than the belief of Socrates, that -himself was under the care and admonitions of a guardian Dæmon. And how -many of our wisest men still believe in the reality of these inspirations, -while perfectly sane on all other subjects. Excusing, therefore, on these -considerations, those passages in the gospels which seem to bear marks -of weakness in Jesus, ascribing to him what alone is consistent with -the great and pure character of which the same writings furnish proofs, -and to their proper authors their own trivialities and imbecilities. I -think myself authorized to conclude the purity and distinction of his -character, in opposition to the impostures which those authors would fix -upon him; and that the postulate of my former letter is no more than is -granted in all other historical works. - -Mr. Correa is here, on his farewell visit to us. He has been much pleased -with the plan and progress of our University, and has given some valuable -hints to its botanical branch. He goes to do, I hope, much good in his -new country; the public instruction there, as I understand, being within -the department destined for him. He is not without dissatisfaction, -and reasonable dissatisfaction too, with the piracies of Baltimore; -but his justice and friendly dispositions will, I am sure, distinguish -between the iniquities of a few plunderers, and the sound principles -of our country at large, and of our government especially. From many -conversations with him, I hope he sees, and will promote in his new -situation, the advantages of a cordial fraternization among all the -American nations, and the importance of their coalescing in an American -system of policy, totally independent of and unconnected with that of -Europe. The day is not distant, when we may formally require a meridian -of partition through the ocean which separates the two hemispheres, on -the hither side of which no European gun shall ever be heard, nor an -American on the other; and when, during the rage of the eternal wars of -Europe, the lion and the lamb, within our regions, shall lie down together -in peace. The excess of population in Europe, and want of room, render -war, in their opinion, necessary to keep down that excess of numbers. -Here, room is abundant, population scanty, and peace the necessary means -for producing men, to whom the redundant soil is offering the means of -life and happiness. The principles of society there and here, then, are -radically different, and I hope no American patriot will ever lose sight -of the essential policy of interdicting in the seas and territories of -both Americas, the ferocious and sanguinary contests of Europe. I wish -to see this coalition begun. I am earnest for an agreement with the -maritime powers of Europe, assigning them the task of keeping down the -piracies of their seas and the cannibalisms of the African coasts, and -to us, the suppression of the same enormities within our seas; and for -this purpose, I should rejoice to see the fleets of Brazil and the United -States riding together as brethren of the same family, and pursuing the -same object. And indeed it would be of happy augury to begin at once -this concert of action here, on the invitation of either to the other -government, while the way might be preparing for withdrawing our cruisers -from Europe, and preventing naval collisions there which daily endanger -our peace. - - * * * * * - -Accept assurances of the sincerity of my friendship and respect for you. - - -TO DOCTOR COOPER. - - MONTICELLO, August 14, 1820. - -DEAR SIR,--Yours of the 24th ult. was received in due time, and I shall -rejoice indeed if Mr. Elliot and Mr. Nulty are joined to you in the -institution at Columbia, which now becomes of immediate interest to me. -Mr. Stack has given notice to his first class that he shall dismiss them -on the 10th of the next month, and his mathematical assistant also at -the same time, being determined to take only small boys in future. My -grandson, Eppes, is of the first class; and I have proposed to his father -to send him to Columbia, rather than anywhere northwardly. I am obliged, -therefore, to ask of you by what day he ought to be there, so as to be -at the commencement of what they call a session, and to be so good as to -do this by the first mail, as I shall set out to Bedford within about -a fortnight. He is so far advanced in Greek and Latin that he will be -able to pursue them by himself hereafter; and being between eighteen and -nineteen years of age he has no time to lose. I propose that he shall -commence immediately with the mathematics and natural philosophy, to be -followed by astronomy, chemistry, mineralogy, botany, natural history. It -would be time lost for him to attend professors of ethics, metaphysics, -logic, &c. The first of these may be as well acquired in the closet as -from living lectures; and supposing the two last to mean the _science -of mind_, the simple reading of Locke, Tracy, and Stewart, will give -him as much in that branch as is _real_ science. A relation of his (Mr. -Baker) and classmate will go with him. - -I hope and believe you are mistaken in supposing the reign of fanaticism -to be on the advance. I think it certainly declining. It was first excited -artificially by the sovereigns of Europe as an engine of opposition to -Bonaparte and to France. It rose to a great height there, and became -indeed a powerful engine of loyalism, and of support to their governments. -But that loyalism is giving way to very different dispositions, and -its prompter fanaticism, is vanishing with it. In the meantime it had -been wafted across the Atlantic, and chiefly from England, with their -other fashions, but it is here also on the wane. The ambitious sect of -Presbyterians indeed, the Loyalists of our country, spare no pains to -keep it up. But their views of ascendency over all other sects in the -United States seem to excite alarm in all, and to unite them as against -a common and threatening enemy. And although the Unitarianism they -impute to you is heterodoxy with all of them, I suspect the other sects -will admit it to their alliance in order to strengthen the phalanx of -opposition against the enterprises of their more aspiring antagonists. -Although spiritualism is most prevalent with all these sects, yet with -none of them, I presume, is materialism declared heretical. Mr. Locke, -on whose authority they often plume themselves, openly maintained the -materialism of the soul; and charged with blasphemy those who denied -that it was in the power of an Almighty Creator to endow with the faculty -of thought any composition of matter he might think fit. The fathers of -the church of the three first centuries generally, if not universally, -were materialists, extending it even to the Creator himself; nor indeed -do I know exactly[5] in what age of the christian church the heresy of -spiritualism was introduced. Huet, in his commentaries on Origen,[6] -says, "Deus igitur, cui anima similis est, juxta Origenem, reapse -corporalis est, sed graviorum tantum ratione corporum incorporeus."[7] -St. Macari,[8] as speaking of angels says, "quam vis enim subtilia sint, -tamen in substantia, forma, et figura, secundum tenuitatem naturæ eorum -corpora sunt tenuia, quemadmodum et hoc corpus in substantia sua crassum -et solidum est."[9] St. Justin martyr says expressly "το θειον φαμεν -ειναι ασωματον, ουκ δε εστιν ασωματον." - -Tertullian's words are, "quid enim Deus nisi corpus?" and again, "quis -autem negabit Deum esse corpus? et si deus spiritus, spiritus etiam -corpus est sui generis, in suâ effigie," and that the soul is matter -he adduces the following tangible proof: "in ipso ultimo voluptatis -aestu, quo genitale virus expellitur, nonne aliquid de animâ sentimus -exire?"[10] The holy father thus asserting, and, as it would seem, from -his own feelings, that the sperm infused into the female matrix deposits -there the matter and germ of both soul and body, conjunctim, of the new -fœtus. Although I do not pretend to be familiar with these fathers, and -give the preceding quotations at second hand, yet I learn from authors -whom I respect, that not only those I have named, but St. Augustin,[11] -St. Basil, Lactantius, Tatian, Athenagoras, and others, concurred in the -materiality of the soul. Our modern doctors would hardly venture or wish -to condemn their fathers as heretics, the main pillars of their fabric -resting on their shoulders. - -In the consultations of the visitors of the university on the subject of -releasing you from your engagement with us, although one or two members -seemed alarmed at this cry of "fire" from the Presbyterian pulpits, -yet the real ground of our decision was that our funds were in fact -hypotheticated for five or six years to redeem the loan we had reluctantly -made; and although we hoped and trusted that the ensuing legislature -would remit the debt and liberate our funds, yet it was not just, on -this possibility, to stand in the way of your looking out for a more -certain provision. The completing all our buildings for professors and -students by the autumn of the ensuing year, is now secured by sufficient -contracts, and our confidence is most strong that neither the State nor -their legislature will bear to see those buildings shut up for five or -six years, when they have the money in hand, and actually appropriated -to the object of education, which would open their doors at once for -the reception of their sons, now waiting and calling aloud for that -institution. The legislature meets on the 1st Monday of December, and -before Christmas we shall know what are their intentions. If such as we -expect, we shall then immediately take measures to engage our professors -and bring them into place the ensuing autumn or early winter. My hope is -that you will be able and willing to keep yourself uncommitted, to take -your place among them about that time; and I can assure you there is -not a voice among us which will not be cordially given for it. I think, -too, I may add, that if the Presbyterian opposition should not die by -that time, it will be directed at once against the whole institution, -and not amuse itself with nibbling at a single object. It did that only -because there was no other, and they might think it politic to mask -their designs on the body of the fortress, under the ---- of a battery -against a single bastion. I will not despair then of the avail of your -services in an establishment which I contemplate as the future bulwark -of the human mind in this hemisphere. God bless you and preserve you -_multos annos_. - -FOOTNOTES: - - [5] I believe by Athenasius and the council of Nicea. - - [6] Ocellus de d'Argens, p. 97. - - [7] Enfield, vi. 3. - - [8] Ib. 105. - - [9] Timæus, 17. Enfield, vi. 3. - - [10] Hist. des Saints, 2 c. 4 p. 212, 215. - - [11] Ocellus, 90. - - -TO JOHN ADAMS. - - MONTICELLO, August 15, 1820. - -I am a great defaulter, my dear Sir, in our correspondence, but prostrate -health rarely permits me to write; and when it does, matters of business -imperiously press their claims. I am getting better however, slowly, -swelled legs being now the only serious symptom, and these, I believe, -proceed from extreme debility. I can walk but little; but I ride six -or eight miles a day without fatigue; and within a few days, I shall -endeavor to visit my other home, after a twelvemonth's absence from it. -Our University, four miles distant, gives me frequent exercise, and the -oftener, as I direct its architecture. Its plan is unique, and it is -becoming an object of curiosity for the traveller. I have lately had -an opportunity of reading a critique on this institution in your North -American Review of January last, having been not without anxiety to see -what that able work would say of us; and I was relieved on finding in it -much coincidence of opinion, and even where criticisms were indulged, -I found they would have been obviated had the developments of our plan -been fuller. But these were restrained by the character of the paper -reviewed, being merely a report of outlines, not a detailed treatise, and -addressed to a legislative body, not to a learned academy. For example, -as an inducement to introduce the Anglo-Saxon into our plan, it was said -that it would reward amply the _few weeks_ of attention which alone would -be requisite for its attainment; leaving both term and degree under an -indefinite expression, because I know that not much time is necessary -to attain it to an useful degree, sufficient to give such instruction in -the etymologies of our language as may satisfy ordinary students, while -more time would be requisite for those who should propose to attain -a critical knowledge of it. In a letter which I had occasion to write -to Mr. Crofts, who sent you, I believe, as well as myself, a copy of -his treatise on the English and German languages, as preliminary to an -etymological dictionary he meditated, I went into explanations with him -of an easy process for simplifying the study of the Anglo-Saxon, and -lessening the terrors and difficulties presented by its rude alphabet, -and unformed orthography. But this is a subject beyond the bounds of a -letter, as it was beyond the bounds of a report to the legislature. Mr. -Crofts died, I believe, before any progress was made in the work he had -projected. - -The reviewer expresses doubt, rather than decision, on our placing -military and naval architecture in the department of pure mathematics. -Military architecture embraces fortification and fieldworks, which, -with their bastions, curtains, hornworks, redoubts, &c., are based on a -technical combination of lines and angles. These are adapted to offence -and defence, with and against the effects of bombs, balls, escalades, -&c. But lines and angles make the sum of elementary geometry, a branch -of pure mathematics; and the direction of the bombs, balls, and other -projectiles, the necessary appendages of military works, although no -part of their architecture, belong to the conic sections, a branch of -transcendental geometry. Diderot and D'Alembert, therefore, in their -_Arbor scientiæ_, have placed military architecture in the department -of elementary geometry. Naval architecture teaches the best form and -construction of vessels; for which best form it has recourse to the -question of the solid of least resistance; a problem of transcendental -geometry. And its appurtenant projectiles belong to the same branch, as -in the preceding case. It is true, that so far as respects the action -of the water on the rudder and oars, and of the wind on the sails, it -may be placed in the department of mechanics, as Diderot and D'Alembert -have done; but belonging quite as much to geometry, and allied in its -military character to military architecture, it simplified our plan -to place both under the same head. These views are so obvious, that -I am sure they would have required but a second thought, to reconcile -the reviewer to their _location_ under the head of pure mathematics. -For this word _location_, see Bailey, Johnson, Sheridan, Walker, &c. -But if dictionaries are to be the arbiters of language, in which of -them shall we find _neologism_. No matter. It is a good word, well -sounding, obvious, and expresses an idea, which would otherwise require -circumlocution. The reviewer was justifiable, therefore, in using it; -although he noted at the same time, as unauthoritative, _centrality_, -_grade_, _sparse_; all which have been long used in common speech and -writing. I am a friend to _neology_. It is the only way to give to a -language copiousness and euphony. Without it we should still be held -to the vocabulary of Alfred or of Ulphilas; and held to their state of -science also: for I am sure they had no words which could have conveyed -the ideas of oxygen, cotyledons, zoophytes, magnetism, electricity, -hyaline, and thousands of others expressing ideas not then existing, -nor of possible communication in the state of their language. What a -language has the French become since the date of their revolution, by -the free introduction of new words! The most copious and eloquent in -the living world; and equal to the Greek, had not that been regularly -modifiable almost _ad infinitum_. Their rule was, that whenever their -language furnished or adopted a root, all its branches, in every part of -speech, were legitimated by giving them their appropriate terminations. -Αδελφος, αδελφη, αδελφιδιον, αδελφοτης, αδελφιξις, αδελφιδους, αδελφικος, -αδελφιζω, αδελφικως. And this should be the law of every language. Thus, -having adopted the adjective _fraternal_, it is a root which should -legitimate _fraternity_, _fraternation_, _fraternisation_, _fraternism_, -_to fraternate_, _fraternise_, _fraternally_. And give the word -_neologism_ to our language, as a root, and it should give us its fellow -substantives, _neology_, _neologist_, _neologisation_; its adjectives, -_neologous_, _neological_, _neologistical_; its verb, _neologise_; and -adverb, _neologically_. Dictionaries are but the depositories of words -already legitimated by usage. Society is the workshop in which new ones -are elaborated. When an individual uses a new word, if ill formed, it is -rejected in society; if well formed, adopted, and after due time, laid -up in the depository of dictionaries. And if, in this process of sound -neologisation, our trans-Atlantic brethren shall not choose to accompany -us, we may furnish, after the Ionians, a second example of a colonial -dialect improving on its primitive. - -But enough of criticism: let me turn to your puzzling letter of May the -12th, on matter, spirit, motion, &c. Its crowd of scepticisms kept me from -sleep. I read it, and laid it down; read it, and laid it down, again and -again; and to give rest to my mind, I was obliged to recur ultimately to -my habitual anodyne, "I feel, therefore I exist." I feel bodies which are -not myself: there are other existences then. I call them _matter_. I feel -them changing place. This gives me _motion_. Where there is an absence -of matter, I call it _void_, or _nothing_, or _immaterial space_. On the -basis of sensation, of matter and motion, we may erect the fabric of all -the certainties we can have or need. I can conceive _thought_ to be an -action of a particular organization of matter, formed for that purpose -by its creator, as well as that _attraction_ is an action of matter, or -_magnetism_ of loadstone. When he who denies to the Creator the power -of endowing matter with the mode of action called _thinking_, shall show -how he could endow the sun with the mode of action called _attraction_, -which reins the planets in the track of their orbits, or how an absence -of matter can have a will, and by that will put matter into motion, then -the Materialist may be lawfully required to explain the process by which -matter exercises the faculty of thinking. When once we quit the basis -of sensation, all is in the wind. To talk of _immaterial_ existences, -is to talk of _nothings_. To say that the human soul, angels, God, are -immaterial, is to say, they are _nothings_, or that there is no God, no -angels, no soul. I cannot reason otherwise: but I believe I am supported -in my creed of materialism by the Lockes, the Tracys, and the Stewarts. -At what age[12] of the Christian church this heresy of _immaterialism_, -or masked atheism, crept in, I do not exactly know. But a heresy it -certainly is. Jesus taught nothing of it. He told us, indeed, that "God -is a spirit," but he has not defined what a spirit is, nor said that it -is not _matter_. And the ancient fathers generally, of the three first -centuries, held it to be matter, light and thin indeed, an etherial -gas; but still matter. Origen says, "Deus se ipse corporalis est; sed -graviorum tantum corporum ratione, incorporeus." Tertullian, "quid enim -deus nisi corpus?" And again, "quis negabit deum esse corpus? Etsi deus -spiritus, spiritus etiam corpus est, sui generis in sua effigie." St. -Justin Martyr, "το θειον φαμεν ειναι ασωματον· ουχ 'οτι ασωματον'--επειδη -δε το μη κρατεισθαι ὑπο τινος του κρατεισθαι τιμιωτερον εστι δια τουτο -καλουμεν αυτον ασωματον." And St. Macarius, speaking of angels, says, -"quamvis enim subtilia sint, tamen in substantia, forma et figurâ, -secundum tenuitatem naturæ eorum, corpora sunt tenuia." And St. Austin, -St. Basil, Lactantius, Tatian, Athenagoras and others, with whose writings -I pretend not a familiarity, are said by those who are better acquainted -with them, to deliver the same doctrine. (Enfield x. 3, 1.) Turn to your -Ocellus d'Argens, 97, 105, and to his Timæus 17, for these quotations. -In England, these Immaterialists might have been burnt until the 29 Car. -2, when the writ _de hæretico comburendo_ was abolished; and here until -the Revolution, that statute not having extended to us. All heresies -being now done away with us, these schismatists are merely atheists, -differing from the material atheist only in their belief, that "nothing -made something," and from the material deist, who believes that matter -alone can operate on matter. - -Rejecting all organs of information, therefore, but my senses, I rid -myself of the pyrrhonisms with which an indulgence in speculations -hyperphysical and antiphysical, so uselessly occupy and disquiet the mind. -A single sense may indeed be sometimes deceived, but rarely; and never -all our senses together, with their faculty of reasoning. They evidence -realities, and there are enough of these for all the purposes of life, -without plunging into the fathomless abyss of dreams and phantasms. I am -satisfied, and sufficiently occupied with the things which are, without -tormenting or troubling myself about those which may indeed be, but of -which I have no evidence. I am sure that I really know many, many things, -and none more surely than that I love you with all my heart, and pray -for the continuance of your life until you shall be tired of it yourself. - -FOOTNOTE: - - [12] That of Athanasius and the Council of Nicæa, anno. - 324. - - -TO MR. JARVIS. - - MONTICELLO, September 28, 1820. - -I thank you, Sir, for the copy of your Republican which you have been so -kind as to send me, and I should have acknowledged it sooner but that I -am just returned home after a long absence. I have not yet had time to -read it seriously, but in looking over it cursorily I see much in it to -approve, and shall be glad if it shall lead our youth to the practice -of thinking on such subjects and for themselves. That it will have this -tendency may be expected, and for that reason I feel an urgency to note -what I deem an error in it, the more requiring notice as your opinion -is strengthened by that of many others. You seem, in pages 84 and 148, -to consider the judges as the ultimate arbiters of all constitutional -questions; a very dangerous doctrine indeed, and one which would place -us under the despotism of an oligarchy. Our judges are as honest as -other men, and not more so. They have, with others, the same passions -for party, for power, and the privilege of their corps. Their maxim is -"_boni judicis est ampliare jurisdictionem_," and their power the more -dangerous as they are in office for life, and not responsible, as the -other functionaries are, to the elective control. The constitution has -erected no such single tribunal, knowing that to whatever hands confided, -with the corruptions of time and party, its members would become despots. -It has more wisely made all the departments co-equal and co-sovereign -within themselves. If the legislature fails to pass laws for a census, -for paying the judges and other officers of government, for establishing -a militia, for naturalization as prescribed by the constitution, or if -they fail to meet in congress, the judges cannot issue their mandamus to -them; if the President fails to supply the place of a judge, to appoint -other civil or military officers, to issue requisite commissions, the -judges cannot force him. They can issue their mandamus or distringas to -no executive or legislative officer to enforce the fulfilment of their -official duties, any more than the president or legislature may issue -orders to the judges or their officers. Betrayed by English example, and -unaware, as it should seem, of the control of our constitution in this -particular, they have at times overstepped their limit by undertaking to -command executive officers in the discharge of their executive duties; but -the constitution, in keeping three departments distinct and independent, -restrains the authority of the judges to judiciary organs, as it does the -executive and legislative to executive and legislative organs. The judges -certainly have more frequent occasion to act on constitutional questions, -because the laws of _meum_ and _tuum_ and of criminal action, forming the -great mass of the system of law, constitute their particular department. -When the legislative or executive functionaries act unconstitutionally, -they are responsible to the people in their elective capacity. The -exemption of the judges from that is quite dangerous enough. I know no -safe depository of the ultimate powers of the society but the people -themselves; and if we think them not enlightened enough to exercise -their control with a wholesome discretion, the remedy is not to take -it from them, but to inform their discretion by education. This is the -true corrective of abuses of constitutional power. Pardon me, Sir, for -this difference of opinion. My personal interest in such questions is -entirely extinct, but not my wishes for the longest possible continuance -of our government on its pure principles; if the three powers maintain -their mutual independence on each other it may last long, but not so -if either can assume the authorities of the other. I ask your candid -re-consideration of this subject, and am sufficiently sure you will form -a candid conclusion. Accept the assurance of my great respect. - - -TO MR PINCKNEY. - - MONTICELLO, September 30, 1820. - -DEAR SIR,--An absence of some time from home has occasioned me to be thus -late in acknowledging the receipt of your favor of the 6th, and I see -in it with pleasure evidences of your continued health and application -to business. It is now, I believe, about twenty years since I had the -pleasure of seeing you, and we are apt, in such cases, to lose sight of -time, and to conceive that our friends remain stationary at the same -point of health and vigor as when we last saw them. So I perceive by -your letter you think with respect to myself, but twenty years added -to fifty-seven make quite a different man. To threescore and seventeen -add two years of prostrate health, and you have the old, infirm, and -nerveless body I now am, unable to write but with pain, and unwilling to -think without necessity. In this state I leave the world and its affairs -to the young and energetic, and resign myself to their care, of whom I -have endeavored to take care when young. I read but one newspaper and -that of my own State, and more for its advertisements than its news. I -have not read a speech in Congress for some years. I have heard, indeed, -of the questions of the tariff and Missouri, and formed _primâ facie_ -opinions on them, but without investigation. As to the tariff, I should -say put down all banks, admit none but a _metallic circulation_, that -will take its proper level with the like circulation in other countries, -and then our manufacturers may work in fair competition with those of -other countries, and the import duties which the government may lay for -the purposes of revenue will so far place them above equal competition. -The Missouri question is a mere party trick. The leaders of federalism, -defeated in their schemes of obtaining power by rallying partisans to the -principle of monarchism, a principle of personal not of local division, -have changed their tack, and thrown out another barrel to the whale. They -are taking advantage of the virtuous feelings of the people to effect a -division of parties by a geographical line; they expect that this will -ensure them, on local principles, the majority they could never obtain on -principles of federalism; but they are still putting their shoulder to the -wrong wheel; they are wasting Jeremiads on the miseries of slavery, as if -we were advocates for it. Sincerity in their declamations should direct -their efforts to the true point of difficulty, and unite their counsels -with ours in devising some reasonable and practicable plan of getting -rid of it. Some of these leaders, if they could attain the power, their -ambition would rather use it to keep the Union together, but others have -ever had in view its separation. If they push it to that, they will find -the line of separation very different from their 36° of latitude, and -as manufacturing and navigating States, they will have quarrelled with -their bread and butter, and I fear not that after a little trial they -will think better of it, and return to the embraces of their natural and -best friends. But this scheme of party I leave to those who are to live -under its consequences. We who have gone before have performed an honest -duty, by putting in the power of our successors a state of happiness -which no nation ever before had within their choice. If that choice is -to throw it away, the dead will have neither the power nor the right to -control them. I must hope, nevertheless, that the mass of our honest and -well-meaning brethren of the other States, will discover the use which -designing leaders are making of their best feelings, and will see the -precipice to which they are lead, before they take the fatal leap. God -grant it, and to you health and happiness. - - -TO RICHARD RUSH, ESQ. - - MONTICELLO, October 20, 1820. - -DEAR SIR,--In your favor of May 3d, which I have now to acknowledge, you -so kindly proffered your attentions to any little matters I might have -on that side of the water, that I take the liberty of availing myself -of this proof of your goodness so far as to request you to put the -enclosed catalogue in the hands of some _honest_ bookseller of London, -who will procure and forward the books to me, with care and good faith. -They should be packed in a cheap trunk, and not put on ship-board until -April, as they would be liable to damage on a winter passage. I ask an -_honest_ correspondent in that line, because, when we begin to import -for the library of our Universary, we shall need one worthy of entire -confidence. - -I send this letter open to my correspondent in Richmond, Captain Bernard -Peyton, with a request that he will put into it a bill of exchange on -London of £40 sterling, which of course, therefore, I cannot describe -to you by naming drawer and drawee. He will also forward, by other -conveyance, the duplicate and triplicate as usual. This sum would more -than cover the cost of the books written for, according to their prices -stated in printed catalogues; but as books have risen with other things -in price, I have enlarged the printed amount by about 15 per cent. to -cover any rise. Still, should it be insufficient, the bookseller is -requested to dock the catalogue to the amount of the remittance. - -I have no news to give you; for I have none but from the newspapers, and -believing little of that myself, it would be an unworthy present to my -friends. But the important news lies now on your side of the Atlantic. -England, in throes from a trifle, as it would seem, but that trifle -the symptom of an irremediable disease proceeding from a long course of -exhaustion by efforts and burthens beyond her natural strength; France -agonizing between royalists and constitutionalists; the other States -of Europe pressing on to revolution and the rights of man, and the -colossal powers of Russia and Austria marshalled against them. These -are more than specks of hurricane in the horizon of the world. You, -who are young, may live to see its issue; the beginning only is for my -time. Nor is our side of the water entirely untroubled, the boisterous -sea of liberty is never without a wave. A hideous evil, the magnitude -of which is seen, and at a distance only, by the one party, and more -sorely felt and sincerely deplored by the other, from the difficulty -of the cure, divides us at this moment too angrily. The attempt by one -party to prohibit willing States from sharing the evil, is thought by -the other to render desperate, by accumulation, the hope of its final -eradication. If a little time, however, is given to both parties to cool, -and to dispel their visionary fears, they will see that concurring in -sentiment as to the evil, moral and political, the duty and interest of -both is to concur also in divining a practicable process of cure. Should -time not be given, and the schism be pushed to separation, it will be -for a short term only; two or three years trial will bring them back, -like quarrelling lovers to renewed embraces, and increased affections. -The experiment of separation would soon prove to both that they had -mutually miscalculated their best interests. And even were the parties -in Congress to secede in a passion, the soberer people would call a -convention and cement again the severance attempted by the insanity of -their functionaries. With this consoling view, my greatest grief would be -for the fatal effect of such an event on the hopes and happiness of the -world. We exist, and are quoted, as standing proofs that a government, -so modelled as to rest continually on the will of the whole society, is -a practicable government. Were we to break to pieces, it would damp the -hopes and the efforts of the good, and give triumph to those of the bad -through the whole enslaved world. As members, therefore, of the universal -society of mankind, and standing in high and responsible relation with -them, it is our sacred duty to suppress passion among ourselves, and not -to blast the confidence we have inspired of proof that a government of -reason is better than one of force. This letter is not of facts but of -opinions, as you will observe; and although the converse is generally -the most acceptable, I do not know that, in your situation, the opinions -of your countrymen may not be as desirable to be known to you as facts. -They constitute, indeed, moral facts, as important as physical ones to -the attention of the public functionary. Wishing you a long career to -the services you may render your country, and that it may be a career -of happiness and prosperity to yourself, I salute you with affectionate -attachment and respect. - - -TO MR. CORREA. - - MONTICELLO, October 24, 1820. - -Your kind letter, dear Sir, of October 12th, was handed to me by Dr. -Cooper, and was the first correction of an erroneous belief that you had -long since left our shores. Such had been Colonel Randolph's opinion, -and his had governed mine. I received your adieu with feelings of sincere -regret at the loss we were to sustain, and particularly of those friendly -visits by which you had made me so happy. I shall feel, too, the want of -your counsel and approbation in what we are doing and have yet to do in -our University, the last of my mortal cares, and the last service I can -render my country. But turning from myself, throwing egotism behind me, -and looking to your happiness, it is a duty and consolation of friendship -to consider that that may be promoted by your return to your own country. -There I hope you will receive the honors and rewards you merit, and which -may make the rest of your life easy and happy; there too you will render -precious services by promoting the science of your country, and blessing -its future generations with the advantages that bestows. Nor even there -shall we lose all the benefits of your friendship; for this motive, as -well as the love of your own country, will be an incitement to promote -that intimate harmony between our two nations which is so much the -interest of both. Nothing is so important as that America shall separate -herself from the systems of Europe, and establish one of her own. Our -circumstances, our pursuits, our interests, are distinct, the principles -of our policy should be so also. All entanglements with that quarter -of the globe should be avoided if we mean that peace and justice shall -be the polar stars of the American societies. I had written a letter to -a friend while you were here, in a part of which these sentiments were -expressed, and I had made an extract from it to put into your hands, as -containing my creed on that subject. You had left us, however, in the -morning earlier than I had been aware; still I enclose it to you, because -it would be a leading principle with me, had I longer to live. During -six and thirty years that I have been in situations to attend to the -conduct and characters of foreign nations, I have found the government -of Portugal the most just, inoffensive and unambitious of any one with -which we had concern, without a single exception. I am sure that this is -the character of ours also. Two such nations can never wish to quarrel -with each other. Subordinate officers may be negligent, may have their -passions and partialities, and be criminally remiss in preventing the -enterprises of the lawless banditti who are to be found in every seaport -of every country. The late piratical depredations which your commerce -has suffered as well as ours, and that of other nations, seem to have -been committed by renegado rovers of several nations, French, English, -American, which they as well as we have not been careful enough to -suppress. I hope our Congress now about to meet will strengthen the -measures of suppression. Of their disposition to do it there can be no -doubt; for all men of moral principle must be shocked at these atrocities. -I had repeated conversations on this subject with the President while -at his seat in this neighborhood. No man can abhor these enormities more -deeply. I trust it will not have been in the power of abandoned rovers, -nor yet of negligent functionaries, to disturb the harmony of two nations -so much disposed to mutual friendship, and interested in it. To this, my -dear friend, you can be mainly instrumental, and I know your patriotism -and philanthropy too well to doubt your best efforts to cement us. In -these I pray for your success, and that heaven may long preserve you -in health and prosperity to do all the good to mankind to which your -enlightened and benevolent mind disposes you. Of the continuance of my -affectionate friendship, with that of my life, and of its fervent wishes -for your happiness, accept my sincere assurance. - - -TO THE REVEREND JARED SPARKS. - - MONTICELLO, November 4, 1820. - -SIR,--Your favor of September 18th is just received, with the book -accompanying it. Its delay was owing to that of the box of books from -Mr. Guegan, in which it was packed. Being just setting out on a journey -I have time only to look over the summary of contents. In this I see -nothing in which I am likely to differ materially from you. I hold -the precepts of Jesus, as delivered by himself, to be the most pure, -benevolent, and sublime which have ever been preached to man. I adhere to -the principles of the first age; and consider all subsequent innovations -as corruptions of his religion, having no foundation in what came from -him. The metaphysical insanities of Athanasius, of Loyola, and of Calvin, -are, to my understanding, mere relapses into polytheism, differing from -paganism only by being more unintelligible. The religion of Jesus is -founded in the Unity of God, and this principle chiefly, gave it triumph -over the rabble of heathen gods then acknowledged. Thinking men of all -nations rallied readily to the doctrine of one only God, and embraced it -with the pure morals which Jesus inculcated. If the freedom of religion, -guaranteed to us by law _in theory_, can ever rise _in practice_ under -the overbearing inquisition of public opinion, truth will prevail over -fanaticism, and the genuine doctrines of Jesus, so long perverted by his -pseudo-priests, will again be restored to their original purity. This -reformation will advance with the other improvements of the human mind, -but too late for me to witness it. Accept my thanks for your book, in -which I shall read with pleasure your developments of the subject, and -with them the assurance of my high respect. - - -TO JOSEPH C. CABELL. - - POPLAR FOREST, November 28, 1820. - -DEAR SIR,--I sent in due time the Report of the Visitors to the Governor, -with a request that he would endeavor to convene the Literary Board -in time to lay it before the legislature on the second day of their -session. It was enclosed in a letter which will explain itself to you. -If delivered before the crowd of other business presses on them, they may -act on it immediately, and before there will have been time for unfriendly -combinations and manœuvres by the enemies of the institution. I enclose -you now a paper presenting some views which may be useful to you in -conversations, to rebut exaggerated estimates of what our institution is -to cost, and reproaches of deceptive estimates. One hundred and sixty-two -thousand three hundred and sixty-four dollars will be about the cost of -the whole establishment, when completed. Not an office at Washington has -cost less. The single building of the court house of Henrico has cost -nearly that; and the massive walls of the millions of bricks of William -and Mary could not now be built for a less sum. - -Surely Governor Clinton's display of the gigantic efforts of New York -towards the education of her citizens, will stimulate the pride as -well as the patriotism of our legislature, to look to the reputation -and safety of their own country, to rescue it from the degradation of -becoming the Barbary of the Union, and of falling into the ranks of -our own negroes. To that condition it is fast sinking. We shall be in -the hands of the other States, what our indigenous predecessors were -when invaded by the science and arts of Europe. The mass of education -in Virginia, before the Revolution, placed her with the foremost of her -sister colonies. What is her education now? Where is it? The little we -have we import, like beggars, from other States; or import their beggars -to bestow on us their miserable crumbs. And what is wanting to restore -us to our station among our confederates? Not more money from the people. -Enough has been raised by them, and appropriated to this very object. It -is that it should be employed understandingly, and for their greatest -good. That good requires, that while they are instructed in general, -competently to the common business of life, others should employ their -genius with necessary information to the useful arts, to inventions for -saving labor and increasing our comforts, to nourishing our health, to -civil government, military science, &c. - -Would it not have a good effect for the friends of this University to -take the lead in proposing and effecting a practical scheme of elementary -schools? To assume the character of the friends, rather than the opponents -of that object. The present plan has appropriated to the primary schools -forty-five thousand dollars for three years, making one hundred and -thirty-five thousand dollars. I should be glad to know if this sum has -educated one hundred and thirty-five poor children? I doubt it much. And -if it has, they have cost us one thousand dollars a piece for what might -have been done with thirty dollars. Supposing the literary revenue to be -sixty thousand dollars, I think it demonstrable, that this sum, equally -divided between the two objects, would amply suffice for both. One hundred -counties, divided into about twelve wards each, on an average, and a -school in each ward of perhaps ten children, would be one thousand and -two hundred schools, distributed proportionably over the surface of the -State. The inhabitants of each ward, meeting together (as when they work -on the roads), building good log houses for their school and teacher, -and contributing for his provisions, rations of pork, beef, and corn, -in the proportion each of his other taxes, would thus lodge and feed -him without feeling it; and those of them who are able, paying for the -tuition of their own children, would leave no call on the public fund but -for the tuition fee of, here and there, an accidental pauper, who would -still be fed and lodged with his parents. Suppose this fee ten dollars, -and three hundred dollars apportioned to a county on an average, (more or -less proportioned,) would there be thirty such paupers for every county? -I think not. The truth is, that the want of common education with us is -not from our poverty, but from want of an orderly system. More money -is now paid for the education of a part, than would be paid for that -of the whole, if systematically arranged. Six thousand common schools -in New York, fifty pupils in each, three hundred thousand in all; one -hundred and sixty thousand dollars annually paid to the masters; forty -established academies, with two thousand two hundred and eighteen pupils; -and five colleges, with seven hundred and eighteen students; to which -last classes of institutions seven hundred and twenty thousand dollars -have been given; and the whole appropriations for education estimated -at two and a half millions of dollars! What a pigmy to this is Virginia -become, with a population almost equal to that of New York! And whence -this difference? From the difference their rulers set on the value of -knowledge, and the prosperity it produces. But still, if a pigmy, let -her do what a pigmy may do. If among fifty children in each of the six -thousand schools of New York, there are only paupers enough to employ -twenty-five dollars of public money to each school, surely among the -ten children of each of our one thousand and two hundred schools, the -same sum of twenty-five dollars to each school will teach its paupers, -(five times as much as to the same number in New York,) and will amount -for the whole to thirty thousand dollars a year, the one-half only of -our literary revenue. - -Do then, dear Sir, think of this, and engage our friends to take in -hand the whole subject. It will reconcile the friends of the elementary -schools, and none are more warmly so than myself, lighten the difficulties -of the University, and promote in every order of men the degree of -instruction proportioned to their condition, and to their views in life. -It will combine with the mass of our force, a wise direction of it, -which will insure to our country its future prosperity and safety. I -had formerly thought that visitors of the school might be chosen by the -county, and charged to provide teachers for every ward, and to superintend -them. I now think it would be better for every ward to choose its own -resident visitor, whose business it would be to keep a teacher in the -ward, to superintend the school, and to call meetings of the ward for all -purposes relating to it; their accounts to be settled, and wards laid -off by the courts. I think ward elections better for many reasons, one -of which is sufficient, that it will keep elementary education out of -the hands of fanaticising preachers, who, in county elections, would be -universally chosen, and the predominant sect of the county would possess -itself of all its schools. - -A wrist stiffened by an ancient accident, now more so by the effect of -age, renders writing a slow and irksome operation with me. I cannot, -therefore, present these views, by separate letters to each of our -colleagues in the legislature, but must pray you to communicate them to -Mr. Johnson and General Breckenridge, and to request them to consider -this as equally meant for them. Mr. Gordon being the local representative -of the University, and among its most zealous friends, would be a more -useful second to General Breckenridge in the House of Delegates, by a -free communication of what concerns the University, with which he has -had little opportunity of becoming acquainted. So, also, would it be to -Mr. Rives, who would be a friendly advocate. - -Accept the assurances of my constant and affectionate esteem and respect. - - -TO MR. MADISON. - - POPLAR FOREST, November 29, 1820. - -DEAR SIR,--The enclosed letter from our ancient friend Tenche Coxe, came -unfortunately to Monticello after I had left it, and has had a dilatory -passage to this place, where I received it yesterday, and obey its -injunction of immediate transmission to you. We should have recognized -the style even without a signature, and although so written as to be -much of it indecipherable. This is a sample of the effects we may expect -from the late mischievous law vacating every four years nearly all -the executive officers of the government. It saps the constitutional -and salutary functions of the President, and introduces a principle -of intrigue and corruption, which will soon leaven the mass, not only -of Senators, but of citizens. It is more baneful than the attempt -which failed in the beginning of the government, to make all officers -irremovable but with the consent of the Senate. This places, every four -years, all appointments under their power, and even obliges them to act -on every one nomination. It will keep in constant excitement all the -hungry cormorants for office, render them, as well as those in place, -sycophants to their Senators, engage these in eternal intrigue to turn -out one and put in another, in cabals to swap work; and make of them what -all executive directories become, mere sinks of corruption and faction. -This must have been one of the midnight signatures of the President, -when he had not time to consider, or even to read the law; and the more -fatal as being irrepealable but with the consent of the Senate, which -will never be obtained. - -F. Gilmer has communicated to me Mr. Correa's letter to him of adieux to -his friends here, among whom he names most affectionately Mrs. Madison -and yourself. No foreigner, I believe, has ever carried with him more -friendly regrets. He was to sail the next day (November 10) in the -British packet for England, and thence take his passage in January for -Brazil. His present views are of course liable to be affected by the -events of Portugal, and the possible effects of their example on Brazil. -I expect to return to Monticello about the middle of the ensuing month, -and salute you with constant affection and respect. - - -TO THOMAS RITCHIE. - - MONTICELLO, December 25, 1820. - -DEAR SIR,--On my return home after a long absence, I find here your favor -of November the 23d, with Colonel Taylor's "Construction Construed," -which you have been so kind as to send me, in the name of the author as -well as yourself. Permit me, if you please, to use the same channel for -conveying to him the thanks I render you also for this mark of attention. -I shall read it, I know, with edification, as I did his Inquiry, to -which I acknowledge myself indebted for many valuable ideas, and for the -correction of some errors of early opinion, never seen in a correct light -until presented to me in that work. That the present volume is equally -orthodox, I know before reading it, because I know that Colonel Taylor -and myself have rarely, if ever, differed in any political principle -of importance. Every act of his life, and every word he ever wrote, -satisfies me of this. So, also, as to the two Presidents, late and now -in office, I know them both to be of principles as truly republican as -any men living. If there be anything amiss, therefore, in the present -state of our affairs, as the formidable deficit lately unfolded to us -indicates, I ascribe it to the inattention of Congress to their duties, -to their unwise dissipation and waste of the public contributions. They -seemed, some little while ago, to be at a loss for objects whereon to -throw away the supposed fathomless funds of the treasury. I had feared -the result, because I saw among them some of my old fellow laborers, of -tried and known principles, yet often in their minorities. I am aware -that in one of their most ruinous vagaries, the people were themselves -betrayed into the same phrenzy with their Representatives. The deficit -produced, and a heavy tax to supply it, will, I trust, bring both to -their sober senses. - -But it is not from this branch of government we have most to fear. Taxes -and short elections will keep them right. The judiciary of the United -States is the subtle corps of sappers and miners constantly working -under ground to undermine the foundations of our confederated fabric. -They are construing our constitution from a co-ordination of a general -and special government to a general and supreme one alone. This will -lay all things at their feet, and they are too well versed in English -law to forget the maxim, "_boni judicis est ampliare jurisdictionem_." -We shall see if they are bold enough to take the daring stride their -five lawyers have lately taken. If they do, then, with the editor of -our book, in his address to the public, I will say, that "against this -every man should raise his voice," and more, should uplift his arm. Who -wrote this admirable address? Sound, luminous, strong, not a word too -much, nor one which can be changed but for the worse. That pen should -go on, lay bare these wounds of our constitution, expose the decisions -_seriatim_, and arouse, as it is able, the attention of the nation to -these bold speculators on its patience. Having found, from experience, -that impeachment is an impracticable thing, a mere scare-crow, they -consider themselves secure for life; they sculk from responsibility to -public opinion, the only remaining hold on them, under a practice first -introduced into England by Lord Mansfield. An opinion is huddled up in -conclave, perhaps by a majority of one, delivered as if unanimous, and -with the silent acquiescence of lazy or timid associates, by a crafty -chief judge, who sophisticates the law to his mind, by the turn of his -own reasoning. A judiciary law was once reported by the Attorney General -to Congress, requiring each judge to deliver his opinion _seriatim_ and -openly, and then to give it in writing to the clerk to be entered in -the record. A judiciary independent of a king or executive alone, is a -good thing; but independence of the will of the nation is a solecism, -at least in a republican government. - -But to return to your letter; you ask for my opinion of the work you send -me, and to let it go out to the public. This I have ever made a point of -declining, (one or two instances only excepted.) Complimentary thanks -to writers who have sent me their works, have betrayed me sometimes -before the public, without my consent having been asked. But I am far -from presuming to direct the reading of my fellow citizens, who are good -enough judges themselves of what is worthy their reading. I am, also, -too desirous of quiet to place myself in the way of contention. Against -this I am admonished by bodily decay, which cannot be unaccompanied by -corresponding wane of the mind. Of this I am as yet sensible, sufficiently -to be unwilling to trust myself before the public, and when I cease -to be so, I hope that my friends will be too careful of me to draw me -forth and present me, like a Priam in armor, as a spectacle for public -compassion. I hope our political bark will ride through all its dangers; -but I can in future be but an inert passenger. - -I salute you with sentiments of great friendship and respect. - - -TO M. DE LA FAYETTE. - - MONTICELLO, December 26, 1820. - -It is long, indeed, my very dear friend, since I have been able to address -a letter to you. For more than two years my health has been so entirely -prostrate, that I have, of necessity, intermitted all correspondence. The -dislocated wrist, too, which perhaps you may recollect, has now become so -stiff from the effects of age, that writing is become a slow and painful -operation, and scarcely ever undertaken but under the goad of imperious -business. In the meantime your country has been going on less well than -I had hoped. But it will go on. The light which has been shed on the -mind of man through the civilized world, has given it a new direction, -from which no human power can divert it. The sovereigns of Europe who -are wise, or have wise counsellors, see this, and bend to the breeze -which blows; the unwise alone stiffen and meet its inevitable crush. -The volcanic rumblings in the bowels of Europe, from north to south, -seem to threaten a general explosion, and the march of armies into Italy -cannot end in a simple march. The disease of liberty is catching; those -armies will take it in the south, carry it thence to their own country, -spread there the infection of revolution and representative government, -and raise its people from the prone condition of brutes to the erect -altitude of man. Some fear our envelopment in the wars engendering from -the unsettled state of our affairs with Spain, and therefore are anxious -for a ratification of our treaty with her. I fear no such thing, and -hope that if ratified by Spain it will be rejected here. We may justly -say to Spain, "when this negotiation commenced, twenty years ago, your -authority was acknowledged by those you are selling to us. That authority -is now renounced, and their right of self-disposal asserted. In buying -them from you, then, we buy but a war-title, a right to subdue them, -which you can neither convey nor we acquire. This is a family quarrel in -which we have no right to meddle. Settle it between yourselves, and we -will then treat with the party whose right is acknowledged." With whom -that will be, no doubt can be entertained. And why should we revolt them -by purchasing them as cattle, rather than receiving them as fellow-men? -Spain has held off until she sees they are lost to her, and now thinks -it better to get something than nothing for them. When she shall see -South America equally desperate, she will be wise to sell that also. - -With us things are going on well. The boisterous sea of liberty indeed -is never without a wave, and that from Missouri is now rolling towards -us, but we shall ride over it as we have over all others. It is not -a moral question, but one merely of power. Its object is to raise a -geographical principle for the choice of a president, and the noise -will be kept up till that is effected. All know that permitting the -slaves of the south to spread into the west will not add one being to -that unfortunate condition, that it will increase the happiness of those -existing, and by spreading them over a larger surface, will dilute the -evil everywhere, and facilitate the means of getting finally rid of it, -an event more anxiously wished by those on whom it presses than by the -noisy pretenders to exclusive humanity. In the meantime, it is a ladder -for rivals climbing to power. - -In a letter to Mr. Porrey, of March 18th, 1819, I informed him of the -success of our application to Congress on his behalf. I enclosed this -letter to you, but hearing nothing from him, and as you say nothing of -it in yours of July 20th, I am not without fear it may have miscarried. -In the present I enclose for him the Auditor's certificate, and the -letters of General Washington and myself, which he had forwarded to me -with a request of their return. Your kindness in delivering this will -render unnecessary another letter from me, an effort which necessarily -obliges me to spare myself. - -If you shall hear from me more seldom than heretofore, ascribe it, my -ever dear friend, to the heavy load of seventy-seven years and to waning -health, but not to weakened affections; these will continue what they -have ever been, and will ever be sincere and warm to the latest breath -of yours devotedly. - - -TO MR. ROSCOE. - - MONTICELLO, December 27, 1820. - -DEAR SIR,--Your letter received more than a twelvemonth ago, with the two -tracts on penal jurisprudence, and the literary institution of Liverpool, -ought long since to have called for the thanks I now return, had it been -in my power sooner to have tendered them. But a long continuance of ill -health has suspended all power of answering the kind attentions with which -I have been honored during it; and it is only now that a state of slow -and uncertain convalescence enables me to make acknowledgments which have -been so long and painfully delayed. The treatise on penal jurisprudence I -read with great pleasure. Beccaria had demonstrated general principles, -but practical applications were difficult. Our States are trying them -with more or less success; and the great light you have thrown on the -subject will, I am sure, be useful to our experiment. For the thing, -as yet, is but in experiment. Your Liverpool institution will also aid -us in the organization of our new University, an establishment now in -progress in this State, and to which my remaining days and faculties -will be devoted. When ready for its Professors, we shall apply for them -chiefly to your island. Were we content to remain stationary in science, -we should take them from among ourselves; but, desirous of advancing, we -must seek them in countries already in advance; and identity of language -points to our best resource. To furnish inducements, we provide for the -Professors separate buildings, in which themselves and their families -may be handsomely and comfortably lodged, and to liberal salaries will -be added lucrative perquisites. This institution will be based on the -illimitable freedom of the human mind. For here we are not afraid to -follow truth wherever it may lead, nor to tolerate any error so long as -reason is left free to combat it. - -We are looking with wonder at what is passing among you. It - - "Resembles ocean into tempest wrought, - To waft a feather, or to drown a fly." - -There must be something in these agitations more than meets the eye of a -distant spectator. Your queen must be used in this as a rallying point -merely, around which are gathering the discontents of every quarter -and character. If these flowed from theories of government only, and if -merely from the heads of speculative men, they would admit of parley, -of negotiation, of management. But I fear they are the workings of -hungry bellies, which nothing but food will fill and quiet. I sincerely -wish you safely out of them. Circumstances have nourished between our -kindred countries angry dispositions which both ought long since to have -banished from their bosoms. I have ever considered a cordial affection -as the first interest of both. No nation on earth can hurt us so much -as yours, none be more useful to you than ours. The obstacle, we have -believed, was in the obstinate and unforgiving temper of your late -king, and a continuance of his prejudices kept up from habit, after he -was with drawn from power. I hope I now see symptoms of sounder views -in your government; in which I know it will be cordially met by ours, -as it would have been by every administration which has existed under -our present constitution. None desired it more cordially than myself, -whatever different opinions were impressed on your government by a party -who wishes to have its weight in their scale as its exclusive friends. - -My ancient friend and classmate, James Maury, informs me by letter that -he has sent me a bust which I shall receive with great pleasure and -thankfulness, and shall arrange in honorable file with those of some -cherished characters. Will you permit me to place here my affectionate -souvenirs of him, and accept for yourself the assurance of the highest -consideration and esteem. - - -TO FRANCIS EPPES. - - MONTICELLO, January 19, 1821. - -DEAR FRANCIS,--Your letter of the 1st came safely to hand. I am sorry -you have lost Mr. Elliot, however the kindness of Dr. Cooper will be -able to keep you in the track of what is worthy of your time. - -You ask my opinion of Lord Bolingbroke and Thomas Paine. They were alike -in making bitter enemies of the priests and pharisees of their day. Both -were honest men; both advocates for human liberty. Paine wrote for a -country which permitted him to push his reasoning to whatever length it -would go. Lord Bolingbroke in one restrained by a constitution, and by -public opinion. He was called indeed a tory; but his writings prove him -a stronger advocate for liberty than any of his countrymen, the whigs of -the present day. Irritated by his exile, he committed one act unworthy -of him, in connecting himself momentarily with a prince rejected by -his country. But he redeemed that single act by his establishment of -the principles which proved it to be wrong. These two persons differed -remarkably in the style of their writing, each leaving a model of what is -most perfect in both extremes of the simple and the sublime. No writer -has exceeded Paine in ease and familiarity of style, in perspicuity -of expression, happiness of elucidation, and in simple and unassuming -language. In this he may be compared with Dr. Franklin; and indeed -his Common Sense was, for awhile, believed to have been written by Dr. -Franklin, and published under the borrowed name of Paine, who had come -over with him from England. Lord Bolingbroke's, on the other hand, is a -style of the highest order. The lofty, rhythmical, full-flowing eloquence -of Cicero. Periods of just measure, their members proportioned, their -close full and round. His conceptions, too, are bold and strong, his -diction copious, polished and commanding as his subject. His writings are -certainly the finest samples in the English language, of the eloquence -proper for the Senate. His political tracts are safe reading for the -most timid religionist, his philosophical, for those who are not afraid -to trust their reason with discussions of right and wrong. - -You have asked my opinion of these persons, and, _to you_, I have given -it freely. But, remember, that I am old, that I wish not to make new -enemies, nor to give offence to those who would consider a difference -of opinion as sufficient ground for unfriendly dispositions. God bless -you, and make you what I wish you to be. - - -TO ARCHIBALD THWEAT. - - MONTICELLO, January 19, 1821. - -DEAR SIR,--I duly received your favor of the 11th, covering Judge Roane's -letter, which I now return. Of the kindness of his sentiments expressed -towards myself I am highly sensible; and could I believe that my public -services had merited the approbation he so indulgently bestows, the -satisfaction I should derive from it would be reward enough to his wish -that I would take a part in the transactions of the present day. I am -sensible of my incompetence. For first, I know little about them, having -long withdrawn my attention from public affairs, and resigned myself -with folded arms to the care of those who are to care for us all. And, -next, the hand of time pressing heavily on me, in mind as well as body, -leaves to neither sufficient energy to engage in public contentions. -I am sensible of the inroads daily making by the federal, into the -jurisdiction of its co-ordinate associates, the State governments. The -legislative and executive branches may sometimes err, but elections -and dependence will bring them to rights. The judiciary branch is the -instrument which, working like gravity, without intermission, is to -press us at last into one consolidated mass. Against this I know no -one who, equally with Judge Roane himself, possesses the power and the -courage to make resistance; and to him I look, and have long looked, -as our strongest bulwark. If Congress fails to shield the States from -dangers so palpable and so imminent, the States must shield themselves, -and meet the invader foot to foot. This is already half done by Colonel -Taylor's book; because a conviction that we are right accomplishes half -the difficulty of correcting wrong. This book is the most effectual -retraction of our government to its original principles which has ever -yet been sent by heaven to our aid. Every State in the Union should -give a copy to every member they elect, as a standing instruction, and -ours should set the example. Accept with Mrs. Thweat the assurance of -my affectionate and respectful attachment. - - -TO JOHN ADAMS. - - MONTICELLO, January 22, 1821. - -I was quite rejoiced, dear Sir, to see that you had health and spirits -enough to take part in the late convention of your State, for revising -its constitution, and to bear your share in its debates and labors. The -amendments of which we have as yet heard, prove the advance of liberalism -in the intervening period; and encourage a hope that the human mind will -some day get back to the freedom it enjoyed two thousand years ago. This -country, which has given to the world the example of physical liberty, -owes to it that of moral emancipation also, for as yet it is but nominal -with us. The inquisition of public opinion overwhelms in practice, the -freedom asserted by the laws in theory. - -Our anxieties in this quarter are all concentrated in the question, -what does the Holy Alliance in and out of Congress mean to do with -us on the Missouri question? And this, by-the-bye, is but the name of -the case, it is only the John Doe or Richard Roe of the ejectment. The -real question, as seen in the States afflicted with this unfortunate -population, is, are our slaves to be presented with freedom and a -dagger? For if Congress has the power to regulate the conditions of the -inhabitants of the States, within the States, it will be but another -exercise of that power, to declare that all shall be free. Are we then -to see again Athenian and Lacedemonian confederacies? To wage another -Peloponnesian war to settle the ascendency between them? Or is this -the tocsin of merely a servile war? That remains to be seen; but not, I -hope, by you or me. Surely, they will parley awhile, and give us time -to get out of the way. What a Bedlamite is man? But let us turn from -our own uneasiness to the miseries of our southern friends. Bolivar -and Morillo, it seems, have come to the parley, with dispositions at -length to stop the useless effusion of human blood in that quarter. I -feared from the beginning, that these people were not yet sufficiently -enlightened for self-government; and that after wading through blood and -slaughter, they would end in military tyrannies, more or less numerous. -Yet as they wished to try the experiment, I wished them success in it; -they have now tried it, and will possibly find that their safest road -will be an accommodation with the mother country, which shall hold them -together by the single link of the same chief magistrate, leaving to him -power enough to keep them in peace with one another, and to themselves -the essential power of self-government and self-improvement, until they -shall be sufficiently trained by education and habits of freedom, to walk -safely by themselves. Representative government, native functionaries, -a qualified negative on their laws, with a previous security by compact -for freedom of commerce, freedom of the press, _habeas corpus_ and trial -by jury, would make a good beginning. This last would be the school in -which their people might begin to learn the exercise of civic duties as -well as rights. For freedom of religion they are not yet prepared. The -scales of bigotry have not sufficiently fallen from their eyes, to accept -it for themselves individually, much less to trust others with it. But -that will come in time, as well as a general ripeness to break entirely -from the parent stem. You see, my dear Sir, how easily we prescribe -for others a cure for their difficulties, while we cannot cure our own. -We must leave both, I believe, to heaven, and wrap ourselves up in the -mantle of resignation, and of that friendship of which I tender to you -the most sincere assurances. - - -TO JOSEPH C. CABELL. - - MONTICELLO, January 31, 1821. - -DEAR SIR,--Your favors of the 18th and 25th came together, three days -ago. They fill me with gloom as to the dispositions of our legislature -towards the University. I perceive that I am not to live to see it -opened. As to what had better be done within the limits of their will, -I trust with entire confidence to what yourself, Gen. Breckenridge and -Mr. Johnson shall think best. You will see what is practicable, and give -it such shape as you think best. If a loan is to be resorted to, I think -sixty thousand dollars will be necessary, including the library. Its -instalments cannot begin until those of the former loan are accomplished; -and they should not begin later, nor be less than thirteen thousand -dollars a year. (I think it safe to retain two thousand dollars a year -for care of the buildings, improvement of the grounds, and unavoidable -contingencies.) To extinguish this second loan, will require between -five and six instalments, which will carry us to the end of 1833, or -thirteen years from this time. My individual opinion is, that we had -better not open the institution until the buildings, library, and all, -are finished, and our funds cleared of incumbrance. Those buildings once -erected, will secure the full object infallibly at the end of thirteen -years, and as much earlier as the legislature shall choose. And if we -were to begin sooner, with half funds only, it would satisfy the common -mind, prevent their aid beyond that point, and our institution remaining -at that forever, would be no more than the paltry academies we now have. -Even with the whole funds we shall be reduced to six professors. While -Harvard will still prime it over us with her twenty professors. How many -of our youths she now has, learning the lessons of anti-Missourianism, -I know not; but a gentleman lately from Princeton, told me he saw there -the list of the students at that place, and that more than half were -Virginians. These will return home, no doubt, deeply impressed with the -sacred principles of our Holy Alliance of restrictionists. - -But the gloomiest of all prospects, is in the desertion of the best -friends of the institution, for desertion I must call it. I know not -the necessities which may force this on you. General Cocke, you say, -will explain them to me; but I cannot conceive them, nor persuade -myself they are uncontrollable. I have ever hoped, that yourself, Gen. -Breckenridge and Mr. Johnson would stand at your posts in the legislature, -until everything was effected, and the institution opened. If it is so -difficult to get along with all the energy and influence of our present -colleagues in the legislature, how can we expect to proceed at all, -reducing our moving power? I know well your devotion to your country, -and your foresight of the awful scenes coming on her, sooner or later. -With this foresight, what service can we ever render her equal to this? -What object of our lives can we propose so important? What interest of -our own which ought not to be postponed to this? Health, time, labor, -on what in the single life which nature has given us, can these be -better bestowed than on this immortal boon to our country? The exertions -and the mortifications are temporary; the benefit eternal. If any -member of our college of visitors could justifiably withdraw from this -sacred duty, it would be myself, who, _quadragenis stipendiis jamdudum -peractis_, have neither vigor of body nor mind left to keep the field; -but I will die in the last ditch, and so I hope you will, my friend, as -well as our firm-breasted brothers and colleagues, Mr. Johnson and Gen. -Breckenridge. Nature will not give you a second life wherein to atone for -the omissions of this. Pray then, dear and very dear Sir, do not think -of deserting us, but view the sacrifices which seem to stand in your -way, as the lesser duties, and such as ought to be postponed to this, -the greatest of all. Continue with us in these holy labors, until having -seen their accomplishment, we may say with old Simeon, "_nunc dimittas, -Domine_." Under all circumstances, however, of praise or blame, I shall -be affectionately yours. - - -TO JARED MANSFIELD, ESQ. - - MONTICELLO, February 13, 1821. - -I am favored, Sir, with your letter of January 26th, and am duly -sensible of the honor proposed of giving to my portrait a place among -the benefactors of our nation, and of the establishment of West Point -in particular. I have ever considered that establishment as of major -importance to our country, and in whatever I could do for it, I viewed -myself as performing a duty only. This is certainly more than requited -by the kind sentiments expressed in your letter. The real debt of the -institution is to its able and zealous professors. Mr. Sully, I fear, -however, will consider the trouble of his journey, and the employment -of his fine pencil, as illy bestowed on an ottamy of 78. Voltaire, when -requested by a female friend to sit for his bust by the sculptor Pigalle, -answered, "J'ai soixante seize ans; et M. Pigalle doit, dit-on venir -modeler mon visage. Mais, Madame, il faudrait que j'eusse un visage. On -n'en devinerait à peine la place mes yeux sont enfonces de trois pouces; -mes joues sont de vieux parchemin mal collés sur des os qui ne tiennent à -rien. Le peu de dents que j'avais est parti." I will conclude, however, -with him, that what remains is at your service, and that of the pencil -of Mr. Sully. I shall be at home till the middle of April, when I shall -go for some time to an occasional and distant residence. Within this -term Mr. Sully will be pleased to consult his own convenience, in which -the state of the roads will of course have great weight. Every day of -it will be equal with me. - -I pray you, Sir, to convey to the brethren of your institution, and to -accept for yourself also, the assurance of my high consideration and -regard. - - -TO GENERAL BRECKENRIDGE. - - MONTICELLO, February 15, 1821. - -DEAR SIR,--I learn, with deep affliction, that nothing is likely to be -done for our University this year. So near as it is to the shore that -one shove more would land it there, I had hoped that would be given; -and that we should open with the next year an institution on which the -fortunes of our country may depend more than may meet the general eye. -The reflections that the boys of this age are to be the men of the next; -that they should be prepared to receive the holy charge which we are -cherishing to deliver over to them; that in establishing an institution -of wisdom for them, we secure it to all our future generations; that -in fulfilling this duty, we bring home to our own bosoms the sweet -consolation of seeing our sons rising under a luminous tuition, to -destinies of high promise; these are considerations which will occur to -all; but all, I fear, do not see the speck in our horizon which is to -burst on us as a tornado, sooner or later. The line of division lately -marked out between different portions of our confederacy, is such as will -never, I fear, be obliterated, and we are now trusting to those who are -against us in position and principle, to fashion to their own form the -minds and affections of our youth. If, as has been estimated, we send -three hundred thousand dollars a year to the northern seminaries, for -the instruction of our own sons, then we must have there five hundred -of our sons, imbibing opinions and principles in discord with those of -their own country. This canker is eating on the vitals of our existence, -and if not arrested at once, will be beyond remedy. We are now certainly -furnishing recruits to their school. If it be asked what are we to do, -or said we cannot give the last lift to the University without stopping -our primary schools, and these we think most important; I answer, I know -their importance. Nobody can doubt my zeal for the general instruction -of the people. Who first started that idea? I may surely say, myself. -Turn to the bill in the revised code, which I drew more than forty years -ago, and before which the idea of a plan for the education of the people, -generally, had never been suggested in this State. There you will see -developed the first rudiments of the whole system of general education -we are now urging and acting on; and it is well known to those with whom -I have acted on this subject, that I never have proposed a sacrifice of -the primary to the ultimate grade of instruction. Let us keep our eye -steadily on the whole system. If we cannot do everything at once, let -us do one at a time. The primary schools need no preliminary expense; -the ultimate grade requires a considerable expenditure in advance. A -suspension of proceeding for a year or two on the primary schools, and -an application of the whole income, during that time, to the completion -of the buildings necessary for the University, would enable us then to -start both institutions at the same time. The intermediate branch, of -colleges, academies and private classical schools, for the middle grade, -may hereafter receive any necessary aids when the funds shall become -competent. In the meantime, they are going on sufficiently, as they -have ever yet gone on, at the private expense of those who use them, -and who in numbers and means are competent to their own exigencies. The -experience of three years has, I presume, left no doubt that the present -plan of primary schools, of putting money into the hands of twelve hundred -persons acting for nothing, and under no responsibility, is entirely -inefficient. Some other must be thought of; and during this pause, if -it be only for a year, the whole revenue of that year, with that of the -last three years which has not been already thrown away, would place our -University in readiness to start with a better organization of primary -schools, and both may then go on, hand in hand, forever. No diminution -of the capital will in this way have been incurred; a principle which -ought to be deemed sacred. A relinquishment of interest on the late loan -of sixty thousand dollars, would so far, also, forward the University -without lessening the capital. - -But what may be best done I leave with entire confidence to yourself and -your colleagues in legislation, who know better than I do the conditions -of the literary fund and its wisest application; and I shall acquiesce -with perfect resignation to their will. I have brooded, perhaps with -fondness, over this establishment, as it held up to me the hope of -continuing to be useful while I continued to live. I had believed that -the course and circumstances of my life had placed within my power some -services favorable to the outset of the institution. But this may be -egotism; pardonable, perhaps, when I express a consciousness that my -colleagues and successors will do as well, whatever the legislature -shall enable them to do. - -I have thus, my dear Sir, opened my bosom, with all its anxieties, freely -to you. I blame nobody for seeing things in a different light. I am -sure that all act conscientiously, and that all will be done honestly -and wisely which can be done. I yield the concerns of the world with -cheerfulness to those who are appointed in the order of nature to succeed -to them; and for yourself, for our colleagues, and for all in charge of -our country's future fame and fortune, I offer up sincere prayers. - - -TO DABNEY TERRELL, ESQ. - - MONTICELLO, February 26, 1821. - -DEAR SIR,--While you were in this neighborhood, you mentioned to me -your intention of studying the law, and asked my opinion as to the -sufficient course of reading. I gave it to you, _ore tenus_, and with -so little consideration that I do not remember what it was; but I have -since recollected that I once wrote a letter to Dr. Cooper,[13] on -good consideration of the subject. He was then law-lecturer, I believe, -at Carlisle. My stiffening wrist makes writing now a slow and painful -operation, but my granddaughter Ellen undertakes to copy the letter, -which I shall enclose herein. - -I notice in that letter four distinct epochs at which the English laws -have been reviewed, and their whole body, as existing at each epoch, -well digested into a code. These digests were by Bracton, Coke, Matthew -Bacon and Blackstone. Bracton having written about the commencement of -the extant statutes, may be considered as having given a digest of the -laws then in being, written and unwritten, and forming, therefore, the -textual code of what is called the common law, just at the period too -when it begins to be altered by statutes to which we can appeal. But -so much of his matter is become obsolete by change of circumstances or -altered by statute, that the student may omit him for the present, and - -1st. Begin with [14]Coke's four Institutes. These give a complete body -of the law as it stood in the reign of the first James, an epoch the -more interesting to us, as we separated at that point from English -legislation, and acknowledge no subsequent statutory alterations. - -2. Then passing over (for occasional reading as hereafter proposed) -all the reports and treatises to the time of Matthew Bacon, read his -abridgment, compiled about one hundred years after Coke's, in which they -are all embodied. This gives numerous applications of the old principles -to new cases, and gives the general state of the English law at that -period. - -Here, too, the student should take up the chancery branch of the law, -by reading the first and second abridgments of the cases in Equity. The -second is by the same Matthew Bacon, the first having been published -some time before. The alphabetical order adopted by Bacon, is certainly -not as satisfactory as the systematic. But the arrangement is under -very general and leading heads, and these, indeed, with very little -difficulty, might be systematically instead of alphabetically arranged -and read. - -3. Passing now in like manner over all intervening reports and tracts, -the student may take up Blackstone's Commentaries, published about -twenty-five years later than Bacon's abridgment, and giving the substance -of these new reports and tracts. This review is not so full as that of -Bacon, by any means, but better digested. Here, too, Wooddeson should be -read as supplementary to Blackstone, under heads too shortly treated by -him. Fonblanque's edition of Francis' Maxims of Equity, and Bridgman's -digested Index, into which the latter cases are incorporated, are also -supplementary in the chancery branch, in which Blackstone is very short. - -This course comprehends about twenty-six 8vo volumes, and reading four -or five hours a day would employ about two years. - -After these, the best of the reporters since Blackstone should be read -for the new cases which have occurred since his time. Which they are I -know not, as all of them are since my time. - -By way of change and relief for another hour or two in the day, should -be read the law-tracts of merit which are many, and among them all those -of Baron Gilbert are of the first order. In these hours, too, may be -read Bracton, (now translated,) and Justinian's Institute. The method -of these two last works is very much the same, and their language often -quite so. Justinian is very illustrative of the doctrines of equity, -and is often appealed to, and Cooper's edition is the best on account -of the analogies and contrasts he has given of the Roman and English -law. After Bracton, Reeves' History of the English Law may be read to -advantage. During this same hour or two of lighter law reading, select -and leading cases of the reporters may be successively read, which the -several digests will have pointed out and referred to. - - * * * * * - -I have here sketched the reading in common law and chancery which I -suppose necessary for a reputable practitioner in those courts. But -there are other branches of law in which, although it is not expected -he should be an adept, yet when it occurs to speak of them, it should -be understandingly to a decent degree. There are the Admiralty law, -Ecclesiastical law, and the Law of Nations. I would name as elementary -books in these branches, Molloy de Jure Maritimo. Brown's Compend. of -the Civil and Admiralty Law, 2 vols. 8vo. The Jura Ecclesiastica, 2 -vols. 8vo. And Les Institutions du droit de la Nature et des Gens de -Reyneval, 1 vol. 8vo. - -Besides these six hours of law reading, light and heavy, and those -necessary for the repasts of the day, for exercise and sleep, which -suppose to be ten or twelve, there will still be six or eight hours for -reading history, politics, ethics, physics, oratory, poetry, criticism, -&c., as necessary as law to form an accomplished lawyer. - -The letter to Dr. Cooper, with this as a supplement, will give you those -ideas on a sufficient course of law reading which I ought to have done -with more consideration at the moment of your first request. Accept -them now as a testimony of my esteem, and of sincere wishes for your -success; and the family, _unâ voce_, desires me to convey theirs with -my own affectionate salutations. - -FOOTNOTES: - - [13] January 16, 1814. - - [14] Since the date of this letter, a most important - and valuable edition has been published of Coke's First - Institute. The editor, Thomas, has analyzed the whole work, - and re-composed its matter in the order of Blackstone's - Commentaries, not omitting a sentence of Lord Coke's text, - nor inserting one not his. In notes, under the text, - he has given the modern decisions relating to the same - subjects, rendering it thus as methodical, lucid, easy and - agreeable to the reader as Blackstone, and more precise - and profound. It can now be no longer doubted that this is - the very best elementary work for a beginner in the study - of the law. It is not, I suppose, to be had in this State, - and questionable if in the North, as yet, and it is dear, - costing in England four guineas or nineteen dollars, to - which add the duty here on imported books, which, on the - three volumes 8vo, is something more than three dollars, or - one dollar the 8vo volume. This is a tax on learned readers - to support printers for the readers of "The Delicate - Distress, and The Wild Irish Boy". - - -TO TIMOTHY PICKERING, ESQ. - - MONTICELLO, February 27, 1821. - -I have received, Sir, your favor of the 12th, and I assure you I received -it with pleasure. It is true, as you say, that we have differed in -political opinions; but I can say with equal truth, that I never suffered -a political to become a personal difference. I have been left on this -ground by some friends whom I dearly loved, but I was never the first -to separate. With some others, of politics different from mine, I have -continued in the warmest friendship to this day, and to all, and to -yourself particularly, I have ever done moral justice. - -I thank you for Mr. Channing's discourse, which you have been so kind as -to forward me. It is not yet at hand, but is doubtless on its way. I had -received it through another channel, and read it with high satisfaction. -No one sees with greater pleasure than myself the progress of reason -in its advances towards rational Christianity. When we shall have done -away the incomprehensible jargon of the Trinitarian arithmetic, that -three are one, and one is three; when we shall have knocked down the -artificial scaffolding, reared to mask from view the simple structure -of Jesus; when, in short, we shall have unlearned everything which has -been taught since his day, and got back to the pure and simple doctrines -he inculcated, we shall then be truly and worthily his disciples; and -my opinion is that if nothing had ever been added to what flowed purely -from his lips, the whole world would at this day have been Christian. -I know that the case you cite, of Dr. Drake, has been a common one. The -religion-builders have so distorted and deformed the doctrines of Jesus, -so muffled them in mysticisms, fancies and falsehoods, have caricatured -them into forms so monstrous and inconceivable, as to shock reasonable -thinkers, to revolt them against the whole, and drive them rashly to -pronounce its founder an impostor. Had there never been a commentator, -there never would have been an infidel. In the present advance of truth, -which we both approve, I do not know that you and I may think alike -on all points. As the Creator has made no two faces alike, so no two -minds, and probably no two creeds. We well know that among Unitarians -themselves there are strong shades of difference, as between Doctors -Price and Priestley, for example. So there may be peculiarities in your -creed and in mine. They are honestly formed without doubt. I do not -wish to trouble the world with mine, nor to be troubled for them. These -accounts are to be settled only with him who made us; and to him we leave -it, with charity for all others, of whom, also, he is the only rightful -and competent judge. I have little doubt that the whole of our country -will soon be rallied to the unity of the Creator, and, I hope, to the -pure doctrines of Jesus also. - -In saying to you so much, and without reserve, on a subject on which -I never permit myself to go before the public, I know that I am safe -against the infidelities which have so often betrayed my letters to the -strictures of those for whom they were not written, and to whom I never -meant to commit my peace. To yourself I wish every happiness, and will -conclude, as you have done, in the same simple style of antiquity, _da -operam ut valeas; hoc mihi gratius facere nihil potes_. - - -TO JUDGE ROANE. - - MONTICELLO, March 9, 1821. - -DEAR SIR,--I am indebted for your favor of February 25th, and especially -for your friendly indulgence to my excuses for retiring from the polemical -world. I should not shrink from the post of duty, had not the decays of -nature withdrawn me from the list of combatants. Great decline in the -energies of the body import naturally a corresponding wane of the mind, -and a longing after tranquillity as the last and sweetest asylum of age. -It is a law of nature that the generations of men should give way, one -to another, and I hope that the one now on the stage will preserve for -their sons the political blessings delivered into their hands by their -fathers. Time indeed changes manners and notions, and so far we must -expect institutions to bend to them. But time produces also corruption -of principles, and against this it is the duty of good citizens to be -ever on the watch, and if the gangrene is to prevail at last, let the -day be kept off as long as possible. We see already germs of this, as -might be expected. But we are not the less bound to press against them. -The multiplication of public offices, increase of expense beyond income, -growth and entailment of a public debt, are indications soliciting the -employment of the pruning-knife; and I doubt not it will be employed; -good principles being as yet prevalent enough for that. - -The great object of my fear is the federal judiciary. That body, like -gravity, ever acting, with noiseless foot, and unalarming advance, -gaining ground step by step, and holding what it gains, is ingulphing -insidiously the special governments into the jaws of that which feeds -them. The recent recall to first principles, however, by Colonel Taylor, -by yourself, and now by Alexander Smith, will, I hope, be heard and -obeyed, and that a temporary check will be effected. Yet be not weary -of well doing. Let the eye of vigilance never be closed. - -Last and most portentous of all is the Missouri question. It is smeared -over for the present; but its geographical demarcation is indelible. -What it is to become, I see not; and leave to those who will live to -see it. The University will give employment to my remaining years, and -quite enough for my senile faculties. It is the last act of usefulness -I can render, and could I see it open I would not ask an hour more of -life. To you I hope many will still be given; and, certain they will -all be employed for the good of our beloved country, I salute you with -sentiments of especial friendship and respect. - - -TO JUDGE ROANE. - - MONTICELLO, June 27, 1821. - -DEAR SIR,--I have received through the hands of the Governor, Colonel -Taylor's letter to you. It is with extreme reluctance that I permit -myself to usurp the office of an adviser of the public, what books they -should read, and what not. I yield, however, on this occasion to your -wish and that of Colonel Taylor, and do what (with a single exception -only) I never did before, on the many similar applications made to me. -On reviewing my letters to Colonel Taylor and to Mr. Thweat, neither -appeared exactly proper. Each contained matter which might give offence -to the judges, without adding strength to the opinion. I have, therefore, -out of the two, cooked up what may be called "an extract of a letter from -Th: J. to ----;" but without saying it is published _with my consent_. -That would forever deprive me of the ground of declining the office of -a Reviewer of books in future cases. I sincerely wish the attention -of the public may be drawn to the doctrines of the book; and if this -self-styled extract may contribute to it, I shall be gratified. I salute -you with constant friendship and respect. - - -EXTRACT OF A LETTER FROM TH: JEFFERSON TO ----. - -I have read Colonel Taylor's book of "Constructions Construed," with -great satisfaction, and, I will say, with edification; for I acknowledge -it corrected some errors of opinion into which I had slidden without -sufficient examination. It is the most logical retraction of our -governments to the original and true principles of the constitution -creating them, which has appeared since the adoption of that instrument. -I may not perhaps concur in all its opinions, great and small; for no -two men ever thought alike on so many points. But on all its important -questions, it contains the true political faith, to which every catholic -republican should steadfastly hold. It should be put into the hands -of all our functionaries, authoritatively, as a standing instruction, -and true exposition of our Constitution, as understood at the time we -agreed to it. It is a fatal heresy to suppose that either our State -governments are superior to the federal, or the federal to the States. -The people, to whom all authority belongs, have divided the powers of -government into two distinct departments, the leading characters of -which are _foreign_ and domestic; and they have appointed for each a -distinct set of functionaries. These they have made co-ordinate, checking -and balancing each other, like the three cardinal departments in the -individual States: each equally supreme as to the powers delegated to -itself, and neither authorized ultimately to decide what belongs to -itself, or to its coparcenor in government. As independent, in fact, as -different nations, a spirit of forbearance and compromise, therefore, -and not of encroachment and usurpation, is the healing balm of such a -constitution; and each party should prudently shrink from all approach -to the line of demarcation, instead of rashly overleaping it, or throwing -grapples ahead to haul to hereafter. But, finally, the peculiar happiness -of our blessed system is, that in differences of opinion between these -different sets of servants, the appeal is to neither, but to their -employers peaceably assembled by their representatives in Convention. -This is more rational than the _jus fortioris_, or the cannon's mouth, -the _ultima et sola ratio regum_. - - -TO GENERAL DEARBORNE. - - MONTICELLO, August 17, 1821. - -DEAR SIR,--Your favor of the 8th came to hand yesterday evening. I -hope you will never suppose your letters to be among those which are -troublesome to me. They are always welcome, and it is among my great -comforts to hear from my ancient colleagues, and to know that they are -well. The affectionate recollection of Mrs. Dearborne, cherished by our -family, will ever render her health and happiness interesting to them. -You are so far astern of Mr. Adams and myself, that you must not yet -talk of old age. I am happy to hear of his good health. I think he will -outlive us all, I mean the Declaration-men, although our senior since -the death of Colonel Floyd. It is a race in which I have no ambition to -win. Man, like the fruit he eats, has his period of ripeness. Like that, -too, if he continues longer hanging to the stem, it is but an useless -and unsightly appendage. I rejoice, with you that the State of Missouri -is at length a member of our Union. Whether the question it excited -is dead, or only sleepeth, I do not know. I see only that it has given -resurrection to the Hartford convention men. They have had the address, -by playing on the honest feelings of our former friends, to seduce them -from their kindred spirits, and to borrow their weight into the federal -scale. Desperate of regaining power under political distinctions, they -have adroitly wriggled into its seat under the auspices of morality, and -are again in the ascendency from which their sins had hurled them. It -is indeed of little consequence who governs us, if they sincerely and -zealously cherish the principles of union and republicanism. - -I still believe that the Western extension of our confederacy will ensure -its duration, by overruling local factions, which might shake a smaller -association. But whatever may be the merit or demerit of that acquisition, -I divide it with my colleagues, to whose councils I was indebted for a -course of administration which, notwithstanding this late coalition of -clay and brass, will, I hope, continue to receive the approbation of -our country. - -The portrait by Stewart was received in due time and good order, and -claims, for this difficult acquisition, the thanks of the family, who -join me in affectionate souvenirs of Mrs. Dearborne and yourself. My -particular salutations to both flow, as ever, from the heart, continual -and warm. - - -TO MR. C. HAMMOND. - - MONTICELLO, August 18, 1821. - -SIR,--Your favor of the 7th is just now received. The letter to which -it refers was written by me with the sole view of recommending to the -study of my fellow citizens a book which I considered as containing -more genuine doctrines on the subject of our government, and carrying -us back more truly to its fundamental principles, than any one which -had been written since the adoption of our constitution. As confined -to this object, I thought, and still think, its language as plain and -intelligible as I can make it. But when we see inspired writings made to -speak whatever opposite controversialists wish them to say, we cannot -ourselves expect to find language incapable of similar distortion. My -expressions were general; their perversion is in their misapplication -to a particular case. To test them truly, they should turn to the book -with whose opinion they profess to coincide. If the book establishes that -a State has no right to tax the monied property within its limits, or -that it can be called, as a party, to the bar of the federal judiciary, -then they may infer that these are my opinions. If no such doctrines -are there, my letter does not authorize their imputation to me. - -It has long, however, been my opinion, and I have never shrunk from -its expression, (although I do not choose to put it into a newspaper, -nor, like a Priam in armor, offer myself its champion,) that the germ -of dissolution of our federal government is in the constitution of the -federal judiciary; an irresponsible body, (for impeachment is scarcely a -scare-crow,) working like gravity by night and by day, gaining a little -to-day and a little to-morrow, and advancing its noiseless step like a -thief, over the field of jurisdiction, until all shall be usurped from -the States, and the government of all be consolidated into one. To this -I am opposed; because, when all government, domestic and foreign, in -little as in great things, shall be drawn to Washington as the centre of -all power, it will render powerless the checks provided of one government -on another, and will become as venal and oppressive as the government -from which we separated. It will be as in Europe, where every man must -be either pike or gudgeon, hammer or anvil. Our functionaries and theirs -are wares from the same work-shop; made of the same materials, and by -the same hand. If the States look with apathy on this silent descent of -their government into the gulf which is to swallow all, we have only to -weep over the human character formed uncontrollable but by a rod of iron, -and the blasphemers of man, as incapable of self-government, become his -true historians. - -But let me beseech you, Sir, not to let this letter get into a newspaper. -Tranquillity, at my age, is the supreme good of life. I think it a duty, -and it is my earnest wish, to take no further part in public affairs; to -leave them to the existing generation to whose turn they have fallen, and -to resign the remains of a decaying body and mind to their protection. -The abuse of confidence by publishing my letters has cost me more than -all other pains, and make me afraid to put pen to paper in a letter -of sentiment. If I have done it frankly in answer to your letter, it -is in full trust that I shall not be thrown by you into the arena of a -newspaper. I salute you with great respect. - - -TO JOHN ADAMS. - - MONTICELLO, September 12, 1821. - -DEAR SIR,--I am just returned from my other home, and shall within a -week go back to it for the rest of the autumn. I find here your favor -of August 20th, and was before in arrear for that of May 19th. I cannot -answer, but join in, your question of May 19th. Are we to surrender -the pleasing hopes of seeing improvement in the moral and intellectual -condition of man? The events of Naples and Piedmont cast a gloomy cloud -over that hope, and Spain and Portugal are not beyond jeopardy. And what -are we to think of this northern triumvirate, arming their nations to -dictate despotisms to the rest of the world? And the evident connivance -of England, as the price of secret stipulations for continental armies, -if her own should take side with her malcontent and pulverized people? -And what of the poor Greeks, and their small chance of amelioration even -if the hypocritical Autocrat should take them under the iron cover of -his Ukazes. Would this be lighter or safer than that of the Turk? These, -my dear friend, are speculations for the new generation, as, before they -will be resolved, you and I must join our deceased brother Floyd. Yet -I will not believe our labors are lost. I shall not die without a hope -that light and liberty are on steady advance. We have seen, indeed, -once within the records of history, a complete eclipse of the human -mind continuing for centuries. And this, too, by swarms of the same -northern barbarians, conquering and taking possession of the countries -and governments of the civilized world. Should this be again attempted, -should the same northern hordes, allured again by the corn, wine, and -oil of the south, be able again to settle their swarms in the countries -of their growth, the art of printing alone, and the vast dissemination -of books, will maintain the mind where it is, and raise the conquering -ruffians to the level of the conquered, instead of degrading these to -that of their conquerors. And even should the cloud of barbarism and -despotism again obscure the science and liberties of Europe, this country -remains to preserve and restore light and liberty to them. In short, -the flames kindled on the 4th of July, 1776, have spread over too much -of the globe to be extinguished by the feeble engines of despotism; on -the contrary, they will consume these engines and all who work them. - -I think with you that there should be a school of instruction for our -navy as well as artillery; and I do not see why the same establishment -might not suffice for both. Both require the same basis of general -mathematics, adding projectiles and fortifications for the artillery -exclusively, and astronomy and theory of navigation exclusively for the -naval students. Berout conducted both schools in France, and has left -us the best book extant for their joint and separate instruction. It -ought not to require a separate professor. - -A 4th of July oration delivered in the town of Milford, in your State, -gives to Samuel Chase the credit of having "first started the cry of -independence in the ears of his countrymen." Do you remember anything -of this? I do not. I have no doubt it was uttered in Massachusetts even -before it was by Thomas Paine. But certainly I never considered Samuel -Chase as foremost, or even forward in that hallowed cry. I know that -Maryland hung heavily on our backs, and that Chase, although first named, -was not most in unison with us of that delegation, either in politics -or morals, _et c'est ainsi que l'on ecrit l'histoire_! - -Your doubt of the legitimacy of the word _gloriola_, is resolved by -Cicero, who, in his letter to Lucceius expresses a wish "_ut nos metipsi -vivi gloriola nostra perfruamur_." Affectionately adieu. - - -JOHN ADAMS TO THOMAS JEFFERSON. - - MONTEZILLO, September 24, 1821. - -DEAR SIR,--I thank you for your favor of the 12th instant. Hope springs -eternal. Eight millions of Jews hope for a Messiah more powerful and -glorious than Moses, David, or Solomon; who is to make them as powerful -as he pleases. Some hundreds of millions of Musslemen expect another -prophet more powerful than Mahomet, who is to spread Islamism over the -whole earth. Hundreds of millions of Christians expect and hope for -a millennium in which Jesus is to reign for a thousand years over the -whole world before it is burnt up. The Hindoos expect another and final -incarnation of Vishnu, who is to do great and wonderful things, I know -not what. All these hopes are founded on real or pretended revelation. -The modern Greeks, too, it seems, hope for a deliverer who is to produce -them--the Themistocleses and Demostheneses--the Platos and Aristotles--the -Solons and Lycurguses. On what prophecies they found their belief, I -know not. You and I hope for splendid improvements in human society, and -vast amelioration in the condition of mankind. Our faith may be supposed -by more rational arguments than any of the former, I own that I am very -sanguine in the belief of them, as I hope and believe you are, and your -reasoning in your letter confirmed me in them. - -As Brother Floyd has gone, I am now the oldest of the little Congressional -group that remain. I may therefore rationally hope to be the first to -depart; and as you are the youngest and most energetic in mind and body, -you may therefore rationally hope to be the last to take your flight, -and to rake up the fire as father Sherman, who always staid to the last, -and commonly two days afterwards, used to say, "that it was his office -to sit up and rake the ashes over the coals." And much satisfaction may -you have in your office. - -The cholera morbus has done wonders in St. Helena and in London. We shall -soon hear of a negotiation for a second wife. Whether in the body, or -out of the body, I shall always be your friend. - -The anecdote of Mr. Chase, contained in the oration delivered at Milford, -must be an idle rumor, for neither the State of Maryland, nor of their -delegates, were very early in their conviction of the necessity of -independence, nor very forward in promoting it. The old speaker Tilghman, -Johnson, Chase, and Paca, were steady in promoting resistance, but after -some of them, Maryland sent one, at least, of the most turbulent Tories -that ever came to Congress. - - -TO ----. - - MONTICELLO, September 28, 1821. - -SIR,--The government of the United States, at a very early period, when -establishing its tariff on foreign importations, were very much guided -in their selection of objects by a desire to encourage manufactures -within ourselves. Among other articles then selected were books, on -the importation of which a duty of fifteen per cent, was imposed, -which, by ordinary custom house charges, amount to about eighteen per -cent., and adding the importing booksellers profit on this, becomes -about twenty-seven per cent. This was useful at first, perhaps, towards -exciting our printers to make a beginning in that business here. But -it is found in experience that the home demand is not sufficient to -justify the re-printing any but the most popular English works, and -cheap editions of a few of the classics for schools. For the editions of -value, enriched by notes, commentaries, &c., and for books in foreign -living languages, the demand here is too small and sparse to reimburse -the expense of re-printing them. None of these, therefore, are printed -here, and the duty on them becomes consequently not a protecting, but -really a prohibitory one. It makes a very serious addition to the price -of the book, and falls chiefly on a description of persons little able -to meet it. Students who are destined for professional callings, as -most of our scholars are, are barely able for the most part to meet -the expenses of tuition. The addition of eighteen or twenty-seven per -cent. on the books necessary for their instruction, amounts often to a -prohibition as to them. For want of these aids, which are open to the -students of all other nations but our own, they enter on their course -on a very unequal footing with those of the same professions in foreign -countries, and our citizens at large, too, who employ them, do not derive -from that employment all the benefit which higher qualifications would -give them. It is true that no duty is required on books imported for -seminaries of learning, but these, locked up in libraries, can be of no -avail to the practical man when he wishes a recurrence to them for the -uses of life. Of many important books of reference there is not perhaps -a single copy in the United States; of others but a few, and these too -distant often to be accessible to scholars generally. It is believed, -therefore, that if the attention of Congress could be drawn to this -article, they would, in their wisdom, see its impolicy. Science is more -important in a republican than in any other government. And in an infant -country like ours, we must much depend for improvement on the science of -other countries, longer established, possessing better means, and more -advanced than we are. To prohibit us from the benefit of foreign light, -is to consign us to long darkness. - -The northern seminaries following with parental solicitude the interests -of their elevès in the course for which they have prepared them, propose -to petition Congress on this subject, and wish for the coöperation -of those of the south and west, and I have been requested, as more -convenient in position than they are, to solicit that coöperation. Having -no personal acquaintance with those who are charged with the direction -of the college of ---- ----, I do not know how more effectually to -communicate these views to them, than by availing myself of the knowledge -I have of your zeal for the happiness and improvement of our country. -I take the liberty, therefore, of requesting you to place the subject -before the proper authorities of that institution, and if they approve -the measure, to solicit a concurrent proceeding on their part to carry -it into effect. Besides petitioning Congress, I would propose that they -address in their corporate capacity, a letter to their delegates and -senators in Congress, soliciting their best endeavors to obtain the -repeal of the duty on imported books. I cannot but suppose that such an -application will be respected by them, and will engage their votes and -endeavors to effect an object so reasonable. A conviction that science -is important to the preservation of our republican government, and that -it is also essential to its protection against foreign power, induces -me, on this occasion, to step beyond the limits of that retirement to -which age and inclination equally dispose me, and I am without a doubt -that the same considerations will induce you to excuse the trouble I -propose to you, and that you will kindly accept the assurance of my high -respect and esteem. - - -TO NATHANIEL MACON. - - MONTICELLO, November 23, 1821. - -DEAR SIR,--Absence at an occasional but distant residence, prevented my -receiving your friendly letter of October 20th till three days ago. A -line from my good old friends is like balm to my soul. You ask me what -you are to do with my letter of September 19th? I wrote it, my dear -Sir, with no other view than to pour my thoughts into your bosom. I knew -they would be safe there, and I believed they would be welcome. But if -you think, as you say, that "good may be done by showing it to a few -_well-tried friends_," I have no objection to that, but ultimately you -cannot do better than to throw it into the fire. - -My confidence, as you kindly observed, has been often abused by the -publication of my letters for the purposes of interest or vanity, and -it has been to me the source of much pain to be exhibited before the -public in forms not meant for them. I receive letters expressed in the -most friendly and even affectionate terms, sometimes, perhaps, asking -my opinion on some subject. I cannot refuse to answer such letters, -nor can I do it dryly and suspiciously. Among a score or two of such -correspondents, one perhaps betrays me. I feel it mortifyingly, but -conclude I had better incur one treachery than offend a score or two -of good people. I sometimes expressly desire that my letter may not be -published; but this is so like requesting a man not to steal or cheat, -that I am ashamed of it after I have done it. - -Our government is now taking so steady a course as to show by what road -it will pass to destruction, to-wit: by consolidation first, and then -corruption, its necessary consequence. The engine of consolidation will -be the federal judiciary; the two other branches, the corrupting and -corrupted instruments. I fear an explosion in our State Legislature. I -wish they may restrain themselves to a strong but temperate protestation. -Virginia is not at present in favor with her co-States. An opposition -headed by her would determine all the anti-Missouri States to take the -contrary side. She had better lie by, therefore, till the shoe shall -pinch an eastern State. Let the cry be first raised from that quarter, -and we may fall into it with effect. But I fear our eastern associates -wish for consolidation, in which they would be joined by the smaller -States generally. But, with one foot in the grave, I have no right to -meddle with these things. Ever and affectionately yours. - - -TO ----. - - MONTICELLO, November 29, 1821. - -DEAR SIR,--You have often gratified me by your astronomical -communications, and I am now about to amuse you with one of mine. -But I must first explain the circumstances which have drawn me into a -speculation so foreign to the path of life which the times in which I -have lived, more than my own inclinations have led me to pursue. - -I had long deemed it incumbent on the authorities of our country, to -have the great western wilderness beyond the Mississippi, explored, to -make known its geography, its natural productions, its general character -and inhabitants. Two attempts which I had myself made formerly, before -the country was ours, the one from west to east, the other from east to -west, had both proved abortive. When called to the administration of -the general government, I made this an object of early attention, and -proposed it to Congress. They voted a sum of five thousand dollars for -its execution, and I placed Captain Lewis at the head of the enterprise. -No man within the range of my acquaintance, united so many of the -qualifications necessary for its successful direction. But he had not -received such an astronomical education as might enable him to give us -the geography of the country with the precision desired. The Missouri and -Columbia, which were to constitute the tract of his journey, were rivers -which varied little in their progressive latitudes, but changed their -longitudes rapidly and at every step. To qualify him for making these -observations, so important to the value of the enterprise, I encouraged -him to apply himself to this particular object, and gave him letters to -Doctor Patterson and Mr. Ellicott, requesting them to instruct him in the -necessary processes. Those for the longitude would of course be founded -on the lunar distances. But as these require essentially the aid of a -time-keeper, it occurred to me that during a journey of two, three, or -four years, exposed to so many accidents as himself and the instrument -would be, we might expect with certainty that it would become deranged, -and in a desert country where it could not be repaired. I thought it -then highly important that some means of observation should be furnished -him, if any could be, which should be practicable and competent to -ascertain his longitudes in that event. The equatorial occurred to myself -as the most promising substitute. I observed only that Ramsden, in his -explanation of its uses, and particularly that of finding the longitude -at land, still required his observer to have the aid of a time-keeper. -But this cannot be necessary, for the margin of the equatorial circle of -this instrument being divided into time by hours, minutes, and seconds, -supplies the main functions of the time-keeper, and for measuring merely -the interval of the observations, is such as not to be neglected. A -portable pendulum, for counting, by an assistant, would fully answer -that purpose. I suggested my fears to several of our best astronomical -friends, and my wishes that other processes should be furnished him, -if any could be, which might guard us ultimately from disappointment. -Several other methods were proposed, but all requiring the use of a -time-keeper. That of the equatorial being recommended by none, and other -duties refusing me time for protracted consultations, I relinquished the -idea for that occasion. But, if a sound one, it should not be abandoned. -Those deserts are yet to be explored, and their geography given to the -world and ourselves with a correctness worthy of the science of the age. -The acquisition of the country before Captain Lewis' departure facilitated -our enterprise, but his time-keeper failed early in his journey. His -dependence, then, was on the compass and log-line, with the correction -of latitudes only; and the true longitudes of the different points of -the Missouri, of the Stony Mountains, the Columbia and Pacific, at its -mouth, remain yet to be obtained by future enterprise. - -The circumstance which occasions a recurrence of the subject to my mind -at this time particularly is this: our legislature, some time ago, came -to a determination that an accurate map should be made of our State. The -late John Wood was employed on it. Its first elements are prepared by maps -of the several counties. But these have been made by chain and compass -only, which suppose the surface of the earth to be a plane. To fit them -together, they must be accommodated to its real spherical surface; and -this can be done only by observations of latitude and longitude, taken at -different points of the area to which they are to be reduced. It is true -that in the lower and more populous parts of the State, the method of -lunar distances by the circle or sextant, and time-keeper, may be used; -because those parts furnish means of repairing or replacing a deranged -time-keeper. But the deserts beyond the Alleghany are as destitute of -resource in that case, as those of the Missouri. The question then recurs -whether the equatorial, without the auxiliary of a time-keeper, is not -competent to the ascertainment of longitudes at land, where a fixed -meridian can always be obtained? and whether indeed it may not everywhere -at land, be a readier and preferable instrument for that purpose? To -these questions I ask your attentions; and to show the grounds on which -I entertain the opinion myself, I will briefly explain the principles -of the process, and the peculiarities of the instrument which give it -the competence I ascribe to it. And should you concur in the opinion, -I will further ask you to notice any particular circumstances claiming -attention in the process, and the corrections which the observations may -necessarily require. As to myself, I am an astronomer of theory only, -little versed in practical observations, and the minute attentions and -corrections they require. I proceed now to the explanation. - -A method of finding the longitude of a place _at land, without a -time-keeper_. - -If two persons, at different points of the same hemisphere, (as Greenwich -and Washington, for example,) observe the same celestial phenomenon, at -the same instant of time, the difference of the times marked by their -respective clocks is the difference of their longitudes, or the distance -between their meridians. To catch with precision the same instant of -time for these simultaneous observations, the moon's motion in her -orbit is the best element; her change of place (about a half second of -space in a second of time) is rapid enough to be ascertained by a good -instrument with sufficient precision for the object. But suppose the -observer at Washington, or in a desert, to be without a time-keeper; -the equatorial is the instrument to be used in that case. Again, we have -supposed a contemporaneous observer at Greenwich. But his functions may -be supplied by the nautical almanac, adapted to that place, and enabling -us to calculate for any instant of time the meridian distances there of -the heavenly bodies necessary to be observed for this purpose. - -The observer at Washington, choosing the time when their position is -suitable, is to adjust his equatorial to his meridian, to his latitude, -and to the plane of his horizon; or if he is in a desert where neither -meridian nor latitude is yet ascertained, the advantages of this noble -instrument are, that it enables him to find both in the course of a -few hours. Thus prepared, let him ascertain by observation the right -ascension of the moon from that of a known star, or their horary distance; -and, at the same instant, her horary distance from his meridian. Her -right ascension at the instant thus ascertained, enter with that of -the nautical almanac, and calculate, by its tables, what was her horary -distance from the meridian of Greenwich at the instant she had attained -that point of right ascension, or that horary distance from the same -star. The addition of these meridian distances, if the moon was between -the two meridians, or the subtraction of the lesser from the greater, if -she was on the same side of both, is the differences of their longitudes. - -This general theory admits different cases, of which the observer may -avail himself, according to the particular position of the heavenly -bodies at the moment of observation. - -Case 1st. When the moon is on his meridian, or on that of Greenwich. - -Second. When the star is on either meridian. - -Third. When the moon and star are on the same side of his meridian. - -Fourth. When they are on different sides. - -For instantaneousness of observation, the equatorial has great advantage -over the circle or sextant; for being truly placed in the meridian -beforehand, the telescope may be directed sufficiently in advance of -the moon's motion, for time to note its place on the equatorial circle, -before she attains that point. Then observe, until her limb touches -the cross-hairs; and in that instant direct the telescope to the star; -that completes the observation, and the place of the star may be read -at leisure. The apparatus for correcting the effects of refraction and -parallax, which is fixed on the eye-tube of the telescope, saves time -by rendering the notation of altitudes unnecessary, and dispenses with -the use of either a time-keeper or portable pendulum. - -I have observed that, if placed in a desert where neither meridian nor -latitude is yet ascertained, the equatorial enables the observer to -find both in a few hours. For the latitude, adjust by the cross-levels -the azimuth plane of the instrument to the horizon of the place. Bring -down the equatorial plane to an exact parallelism with it, its pole then -becoming vertical. By the nut and pinion commanding it, and by that of -the semi-circle of declination, direct the telescope to the sun. Follow -its path with the telescope by the combined use of these two pinions, -and when it has attained its greatest altitude, calculate the latitude -as when taken by a sextant. - -For finding the meridian, set the azimuth circle to the horizon, elevate -the equatorial circle to the complement of the latitude, and fix it by -the clamp and tightening screw of the two brass segments of arches below. -By the declination semicircle set the telescope to the sun's declination -of the moment. Turn the instrument towards the meridian by guess, and -by the combined movement of the equatorial and azimuth circles direct -the telescope to the sun, then by the pinion of the equatorial alone, -follow the path of the sun with the telescope. If it swerves from that -path, turn the azimuth circle until it shall follow the sun accurately. -A distant stake or tree should mark the meridian, to guard against its -loss by any accidental jostle of the instrument. The 12 o'clock line will -then be in the true meridian, and the axis of the equatorial circle will -be parallel with that of the earth. The instrument is then in its true -position for the observations of the night. To the competence and the -advantages of this method, I will only add that these instruments are -high-priced. Mine cost thirty-five guineas in Ramsden's shop, a little -before the Revolution. I will lengthen my letter, already too long, only -by assurances of my great esteem and respect. - - -TO ---- NICHOLAS. - - MONTICELLO, December 11, 1821. - -DEAR SIR,--Your letter of December the 19th places me under a dilemma, -which I cannot solve but by an exposition of the naked truth. I would -have wished this rather to have remained as hitherto, without inquiry; -but your inquiries have a right to be answered. I will do it as exactly -as the great lapse of time and a waning memory will enable me. I may -misremember indifferent circumstances, but can be right in substance. - -At the time when the republicans of our country were so much alarmed -at the proceedings of the federal ascendency in Congress, in the -executive and the judiciary departments, it became a matter of serious -consideration how head could be made against their enterprises on the -constitution. The leading republicans in Congress found themselves of no -use there, brow-beaten, as they were, by a bold and overwhelming majority. -They concluded to retire from that field, take a stand in the State -legislatures, and endeavor there to arrest their progress. The alien and -sedition laws furnished the particular occasion. The sympathy between -Virginia and Kentucky was more cordial, and more intimately confidential, -than between any other two States of republican policy. Mr. Madison came -into the Virginia legislature. I was then in the Vice-Presidency, and -could not leave my station. But your father, Colonel W. C. Nicholas, -and myself happening to be together, the engaging the co-operation of -Kentucky in an energetic protestation against the constitutionality of -those laws, became a subject of consultation. Those gentlemen pressed me -strongly to sketch resolutions for that purpose, your father undertaking -to introduce them to that legislature, with a solemn assurance, which I -strictly required, that it should not be known from what quarter they -came. I drew and delivered them to him, and in keeping their origin -secret, he fulfilled his pledge of honor. Some years after this, Colonel -Nicholas asked me if I would have any objection to its being known that -I had drawn them. I pointedly enjoined that it should not. Whether he had -unguardedly intimated it before to any one, I know not; but I afterwards -observed in the papers repeated imputations of them to me; on which, -as has been my practice on all occasions of imputation, I have observed -entire silence. The question, indeed, has never before been put to me, -nor should I answer it to any other than yourself; seeing no good end to -be proposed by it, and the desire of tranquillity inducing with me a wish -to be withdrawn from public notice. Your father's zeal and talents were -too well known, to derive any additional distinction from the penning -these resolutions. That circumstance, surely, was of far less merit than -the proposing and carrying them through the legislature of his State. -The only fact in this statement, on which my memory is not distinct, is -the time and occasion of the consultation with your father and Colonel -Nicholas. It took place here I know; but whether any other person was -present, or communicated with, is my doubt. I think Mr. Madison was -either with us, or consulted, but my memory is uncertain as to minute -details. - -I fear, dear Sir, we are now in such another crisis, with this difference -only, that the judiciary branch is alone and single handed in the present -assaults on the constitution. But its assaults are more sure and deadly, -as from an agent seemingly passive and unassuming. May you and your -cotemporaries meet them with the same determination and effect, as your -father and his did the alien and sedition laws, and preserve inviolate -a constitution, which, cherished in all its chastity and purity, will -prove in the end a blessing to all the nations of the earth. With these -prayers, accept those for your own happiness and prosperity. - - -TO MESSRS. GEORGE W. SUMMERS AND JOHN B. GARLAND. - - MONTICELLO, February 27, 1822. - -GENTLEMEN,--I have received your favor of the 18th, and am duly sensible -of the honor done my name by its association with the institution formed -in your college for improvement in the art of speaking. The efforts of the -members will, I trust, give a just reputation to the society and reflect -on its name the honor which it cannot derive from it. In a country and -government like ours, eloquence is a powerful instrument, well worthy of -the special pursuit of our youth. Models, indeed, of chaste and classical -oratory are truly too rare with us; nor do I recollect any remarkable in -England. Among the ancients the most perfect specimens are perhaps to be -found in Livy, Sallust and Tacitus. Their pith and brevity constitute -perfection itself for an audience of sages, on whom froth and fancy -would be lost in air. But in ordinary cases, and with us particularly, -more development is necessary. For senatorial eloquence, Demosthenes is -the finest model; for the bar, Cicero. The former had more logic, the -latter more imagination. - -Of the eloquence of the pen we have fine samples in English. Robertson, -Sterne, Addison, are of the first merit in the different characters of -composition. Hume, in the circumstance of style is equal to any; but -his tory principles spread a cloud over his many and great excellencies. -The charms of his style and matter have made tories of all England, and -doubtful republicans here. - -You say that any advice which I could give you would be acceptable. But, -for this, you cannot be in better hands than of the worthy professors of -your own college. Their counsels would, I am sure, embrace everything -I could offer. It will not, however, be a work of mere supereorgation -if it will gratify you, and will furnish a stronger proof of my desire -to encourage you in your laudable dispositions. Some thirty-six or -thirty-seven years ago, I had a nephew, the late Peter Carr, whose -education I directed, and had much at heart his future fortunes. Residing -abroad at the time in public service, my counsels to him were necessarily -communicated by letters. Searching among my papers I find a letter -written to him, and conveying such advice as I thought suitable to the -particular period of his age and education. He was then about fifteen, and -had made some progress in classical reading. As your present situation -may be somewhat similar, you may find in that letter some things worth -remembering. I enclose you a copy therefore. It was written in haste, -under the pressure of official labors, and with no view of being ever -seen but by himself. It might otherwise have been made more correct in -style and matter. But such as it is, I place it at your service, and -pray you to receive it merely as a compliance with your own request, -and as a proof of my good will and of my best wishes for your success in -the career of life for which you are so worthily and laudably preparing -yourselves. - - -TO MR. EDWARD EVERETT, OF CAMBRIDGE, MASSACHUSETTS. - - MONTICELLO, March 2, 1822. - -I am thankful to you, Sir, for the very edifying view of Europe which -you have been so kind as to send me. Tossed at random by the newspapers -on an ocean of uncertainties and falsehoods, it is joyful at times to -catch the glimmering of a beacon which shows us truly where we are. De -Pradt's Europe had some effect in this way; but the less as the author -was less known in character. The views presented by your brother unite -our confidence with the soundness of his observation and information. I -have read the work with great avidity and profit, and have found my ideas -of Europe in general, rallied by it to points of good satisfaction. In -the single chapter on England only, where his theories are new, if we -cannot suddenly give up all our old notions, he furnishes us abundant -matter for reflection and a revisal of them. I have long considered -the present crisis of England, and the origin of the evils which are -lowering over her, as produced by enormous excess of her expenditures -beyond her income. To pay even the interest of the debt contracted, -she is obliged to take from the industrious so much of their earnings, -as not to leave enough for their backs and bellies. They are daily, -therefore, passing over to the pauper-list, to subsist on the declining -means of those still holding up, and when these also shall be exhausted, -what next? Reformation cannot remedy this. It could only prevent its -recurrence when once relieved from the debt. To effect that relief I -see but one possible and just course. Considering the funded and real -property as equal, and the debt as much of the one as the other, for -the holder of property to give up one-half to those of the funds, and -the latter to the nation the whole of what it owes them. But this the -nature of man forbids us to expect without blows, and blows will decide -it by a promiscuous sacrifice of life and property. The debt thus, or -otherwise, extinguished, a _real_ representation introduced into the -government of either property or people, or of both, renouncing eternal -war, restraining future expenses to future income, and breaking up forever -the consuming circle of extravagance, debt, insolvency, and revolution, -the island would then again be in the degree of force which nature has -measured out to it, of respectable station in the scale of nations, but -not at their head. I sincerely wish she could peaceably get into this -state of being, as the present prospects of southern Europe seem to need -the acquisition of new weights in their balance, rather than the loss -of old ones. I set additional value on this volume, inasmuch as it has -procured me the occasion of expressing to you my high estimation of your -character, the interest with which I look to it as an American, and the -great esteem and respect with which I beg leave to salute you. - - -TO JEDEDIAH MORSE. - - MONTICELLO, March 6, 1822. - -SIR,--I have duly received your letter of February the 16th, and have now -to express my sense of the honorable station proposed to my ex-brethren -and myself, in the constitution of the society for the civilization and -improvement of the Indian tribes. The object too expressed, as that of the -association, is one which I have ever had much at heart, and never omitted -an occasion of promoting while I have been in situations to do it with -effect, and nothing, even now, in the calm of age and retirement, would -excite in me a more lively interest than an approvable plan of raising -that respectable and unfortunate people from the state of physical and -moral abjection, to which they have been reduced by circumstances foreign -to them. That the plan now proposed is entitled to unmixed approbation, -I am not prepared to say, after mature consideration, and with all the -partialities which its professed object would rightfully claim from me. - -I shall not undertake to draw the line of demarcation between private -associations of laudable views and unimposing numbers, and those whose -magnitude may rivalize and jeopardize the march of regular government. -Yet such a line does exist. I have seen the days, they were those which -preceded the revolution, when even this last and perilous engine became -necessary; but they were days which no man would wish to see a second -time. That was the case where the regular authorities of the government -had combined against the rights of the people, and no means of correction -remained to them but to organize a collateral power, which, with their -support, might rescue and secure their violated rights. But such is -not the case with our government. We need hazard no collateral power, -which, by a change of its original views, and assumption of others we -know not how virtuous or how mischievous, would be ready organized and -in force sufficient to shake the established foundations of society, -and endanger its peace and the principles on which it is based. Is not -the machine now proposed of this gigantic stature? It is to consist of -the ex-Presidents of the United States, the Vice President, the Heads -of all the executive departments, the members of the supreme judiciary, -the Governors of the several States and territories, all the members -of both Houses of Congress, all the general officers of the army, the -commissioners of the navy, all Presidents and Professors of colleges -and theological seminaries, all the clergy of the United States, the -Presidents and Secretaries of all associations having relation to -Indians, all commanding officers within or near Indian territories, all -Indian superintendents and agents; all these _ex officio_; and as many -private individuals as will pay a certain price for membership. Observe, -too, that the clergy will constitute[15] nineteen twentieths of this -association, and, by the law of the majority, may command the twentieth -part, which, composed of all the high authorities of the United States, -civil and military, may be outvoted and wielded by the nineteen parts -with uncontrollable power, both as to purpose and process. Can this -formidable array be reviewed without dismay? It will be said, that in -this association will be all the confidential officers of the government; -the choice of the people themselves. No man on earth has more implicit -confidence than myself in the integrity and discretion of this chosen -band of servants. But is confidence or discretion, or is _strict limit_, -the principle of our constitution? It will comprehend, indeed, all the -functionaries of the government; but seceded from their constitutional -stations as guardians of the nation, and acting not by the laws of -their station, but by those of a voluntary society, having no limit to -their purposes but the same will which constitutes their existence. It -will be the authorities of the people and all influential characters -from among them, arrayed on one side, and on the other, the people -themselves deserted by their leaders. It is a fearful array. It will be -said that these are imaginary fears. I know they are so at present. I -know it is as impossible for these agents of our choice and unbounded -confidence, to harbor machinations against the adored principles of our -constitution, as for gravity to change its direction, and gravid bodies -to mount upwards. The fears are indeed imaginary, but the example is -_real_. Under its authority, as a precedent, future associations will -arise with objects at which we should shudder at this time. The society -of Jacobins, in another country, was instituted on principles and views -as virtuous as ever kindled the hearts of patriots. It was the pure -patriotism of their purposes which extended their association to the -limits of the nation, and rendered their power within it boundless; and -it was this power which degenerated their principles and practices to -such enormities as never before could have been imagined. Yet these were -men, and we and our descendants will be no more. The present is a case -where, if ever, we are to guard against ourselves; not against ourselves -as we are, but as we may be; for who can now imagine what we may become -under circumstances not now imaginable? The object of this institution, -seems to require so hazardous an example as little as any which could be -proposed. The government is, at this time, going on with the process of -civilizing the Indians, on a plan probably as promising as any one of us -is able to devise, and with resources more competent than we could expect -to command by voluntary taxation. Is it that the new characters called -into association with those of the government, are wiser than these? Is -it that a plan originated by a meeting of private individuals is better -than that prepared by the concentrated wisdom of the nation, of men not -self-chosen, but clothed with the full confidence of the people? Is it -that there is no danger that a new authority, marching, independently, -along side of the government, in the same line and to the same object, -may not produce collision, may not thwart and obstruct the operations of -the government, or wrest the object entirely from their hands? Might we -not as well appoint a committee for each department of the government, -to counsel and direct its head separately, as volunteer ourselves to -counsel and direct the whole, in mass? And might we not do it as well -for their foreign, their fiscal, and their military, as for their Indian -affairs? And how many societies, auxiliary to the government, may we -expect to see spring up, in imitation of this, offering to associate -themselves in this and that of its functions? In a word, why not take -the government out of its constitutional hands, associate them indeed -with us, to preserve a semblance that the acts are theirs, but insuring -them to be our own by allowing them a minor vote only. - -These considerations have impressed my mind with a force so irresistible, -that (in duty bound to answer your polite letter, without which I should -not have obtruded an opinion) I have not been able to withhold the -expression of them. Not knowing the individuals who have proposed this -plan, I cannot be conceived as entertaining personal disrespect for them. -On the contrary, I see in the printed list persons for whom I cherish -sentiments of sincere friendship, and others, for whose opinions and -purity of purpose I have the highest respect. Yet thinking as I do, that -this association is unnecessary; that the government is proceeding to -the same object under control of the law; that they are competent to it -in wisdom, in means, and inclination; that this association, this wheel -within a wheel, is more likely to produce collision than aid; and that -it is, in its magnitude, of dangerous example; I am bound to say, that, -as a dutiful citizen, I cannot in conscience become a member of this -society, possessing as it does my entire confidence in the integrity -of its views. I feel with awe the weight of opinion to which I may be -opposed, and that, for myself, I have need to ask the indulgence of a -belief that the opinion I have given is the best result I can deduce from -my own reason and experience, and that it is sincerely conscientious. -Repeating, therefore, my just acknowledgments for the honor proposed to -me, I beg leave to add the assurances to the society and yourself of my -highest confidence and consideration. - -FOOTNOTE: - - [15] The clergy of the United States may probably be - estimated at eight thousand. The residue of this society - at four hundred; but if the former number be halved, the - reasoning will be the same. - - -TO GENERAL BRECKENRIDGE. - - MONTICELLO, April 9, 1822. - -DEAR GENERAL,--Your favor of March 28th was received on the 7th instant. -We failed in having a quorum on the 1st. Mr. Johnson and General Taylor -were laboring for Lithgow in Richmond, and Mr. Madison was unwell. On the -score of business it was immaterial, as there was not a single measure -to be proposed. The loss was of the gratification of meeting in society -with those whom we esteem. This is the valuable effect of our semi-annual -meetings, jubilees, in fact, for feasting the mind and fostering the -best affections of the heart towards those who merit them. - -The four rows of buildings of accommodation are so nearly completed, that -they are certain of being entirely so in the course of the summer; and -our funds, as you have seen stated in our last Report, are sufficient -to meet the expense, except that the delays in collecting the arrears of -subscriptions oblige us to borrow temporarily from this year's annuity, -which, according to that Report, had another destination. These buildings -done, we are to rest on our oars, and passively await the will of the -legislature. Our future course is a plain one. We have proceeded from -the beginning on the sound determination to finish the buildings before -opening the institution; because, once opened, all its funds will be -absorbed by professors' salaries, &c., and nothing remain ever to finish -the buildings. And we have thought it better to begin two or three years -later, in the full extent proposed, than to open, and go on forever, with -a half-way establishment. Of the wisdom of this proceeding, and of its -greater good to the public finally, I cannot a moment doubt. Our part -then is to pursue with steadiness what is right, turning neither to right -nor left for the intrigues or popular delusions of the day, assured that -the public approbation will in the end be with us. The councils of the -legislature, at their late session, were poisoned unfortunately by the -question of the seat of government, and the consequent jealousies of our -views in erecting the large building still wanting. This lost us some -friends who feel a sincere interest in favor of the University, but a -stronger one in the question respecting the seat of government. They seem -not to have considered that the seat of the government, and that of the -University, are incompatible with one another; that if the former were to -come here, the latter must be removed. Even Oxford and Cambridge placed -in the middle of London, they would be deserted as seats of learning, -and as proper places for training youth. These groundless jealousies, -it is to be hoped, will be dissipated by sober reflection, during the -separation of the members; and they will perceive, before their next -meeting, that the large building, without which the institution cannot -proceed, has nothing to do with the question of the seat of government. -If, however, the ensuing session should still refuse their patronage, -a second or a third will think better, and result finally in fulfilling -the object of our aim, the securing to our country a full and perpetual -institution for all the useful sciences; one which will restore us to -our former station in the confederacy. It may be a year or two later -indeed; but it will replace us in full grade, and not leave us among -the mere subalterns of the league. Patience and steady perseverance on -our part will secure the blessed end. If we shrink, it is gone forever. -Our autumnal meeting will be interesting. The question will be whether -we shall relinquish the scale of a real University, the rallying centre -of the South and the West, or let it sink to that of a common academy. -I hope you will be with us, and give us the benefit of your firm and -enlarged views. I am not at all disheartened with what has passed, nor -disposed to give up the ship. We have only to lie still, to do and say -nothing, and firmly avoid opening. The public opinion is advancing. It -is coming to our aid, and will force the institution on to consummation. -The numbers are great, and many from great distances, who visit it daily -as an object of curiosity. They become strengthened if friends, converted -if enemies, and all loud and zealous advocates, and will shortly give -full tone to the public voice. Our motto should be "be not wearied with -well-doing." Accept the assurance of my affectionate friendship and -respect. - - -TO MESSRS. RITCHIE AND GOOCH. - - MONTICELLO, May 13, 1822. - -MESSRS. RITCHIE AND GOOCH,--I am thankful to you for the paper you -have been so kind as to send me, containing the arraignment of the -Presidents of the United States generally, as peculators or accessories -to peculation, by an informer who masks himself under the signature -of "a Native Virginian." What relates to myself in this paper, (being -his No. VI., and the only No. I have seen) I had before read in the -"Federal Republican" of Baltimore, of August 28th, which was sent to me -by a friend, with the real name of the author. It was published there -during the ferment of a warmly-contested election. I considered it, -therefore, as an electioneering manœuvre merely, and did not even think -it required the trouble of recollecting, after a lapse of thirty-three -years, the circumstances of the case in which he charges me with having -purloined from the treasury of the United States the sum of $1,148. But -as he has thought it worth repeating in his Roll of informations against -your Presidents nominally, I shall give the truths of the case, which -he has omitted, perhaps because he did not know them, and ventured too -inconsiderately to supply them from his own conjectures. - -On the return from my mission to France, and joining the government here, -in the spring of 1790, I had a long and heavy account to settle with the -United States, of the administration of their pecuniary affairs in Europe, -of which the superintendence had been confided to me while there. I gave -in my account early, but the pressure of other business did not permit -the accounting officers to attend to it till October 10th, 1792, when -we settled, and a balance of $888 67 appearing to be due from me, (but -erroneously as will be shown,) I paid the money the same day, delivered -up my vouchers, and received a certificate of it. But still the articles -of my draughts on the bankers could be only _provisionally_ past; until -their accounts also should be received to be confronted with mine. And -it was not till the 24th of June, 1804, that I received a letter from -Mr. Richard Harrison the auditor, informing me "that my accounts, as -Minister to France, had been adjusted and closed," adding, "the bill -drawn and credited by you under date of the 21st of October, 1789, for -banco florins 2,800, having never yet appeared in any account of the Dutch -bankers, stand at your debit only as a _provisional_ charge. If it should -hereafter turn out, as I incline to think it will, that this bill has -never been negotiated or used by Mr. Grand, you will have a just claim on -the public for its value." This was the first intimation to me that I had -too hastily charged myself with that draught. I determined, however, as -I had allowed it in my account, and paid up the balance it had produced -against me, to let it remain awhile, as there was a possibility that the -draught might still be presented by the holder to the bankers; and so -it remained till I was near leaving Washington, on my final retirement -from the administration in 1809. I then received from the auditor, Mr. -Harrison, the following note: "Mr. Jefferson, in his accounts as late -Minister to France, credited among other sums, a bill drawn by him on -the 21st October, 1789, to the order of Grand & Co., on the bankers of -the United States at Amsterdam, f. Banco f. 2,800, equal with _agio_ to -current florins 2,870, and which was charged to him _provisionally_ in -the official statement made at the Treasury, in the month of October, -1804. But as this bill has not yet been noticed in any account rendered -by the bankers, the presumption is strong that it was never negotiated -or presented for payment, and Mr. Jefferson, therefore, appears justly -entitled to receive the value of it, which, at forty cents the gilder, -(the rate at which it was estimated in the above-mentioned statement,) -amounts to $1,148. Auditor's office, January 24th, 1809." - -Desirous of leaving nothing unsettled behind me, I drew the money from -the treasury, but without any interest, although I had let it lie there -twenty years, and had actually on that error paid $888 67, an apparent -balance against me, when the true balance was in my favor $259 33. The -question then is, how has this happened? I have examined minutely and -can state it clearly. - -Turning to my pocket diary I find that on the 21st day of October, 1789, -the date of this bill, I was at Cowes in England, on my return to the -United States. The entry in my diary is in these words: "1789, October -21st. Sent to Grand & Co., letter of credit on Willinks, Van Staphorsts -and Hubbard, for 2,800 florins Banco." And I immediately credited it -in my account with the United States in the following words: "1789, -October 21. By my bill on Willinks, Van Staphorsts and Hubbard, in -favor of Grand & Co., for 2,800 florins, equal to 6,250 livres 18 sous." -My account having been kept in livres and sous of France, the auditor -settled this sum at the current exchange, making it $1,148. This bill, -drawn at Cowes in England, had to pass through London to Paris by the -English and French mails, in which passage it was lost, by some unknown -accident, to which it was the more exposed in the French mail, by the -confusion then prevailing; for it was exactly at the time that martial -law was proclaimed at Paris, the country all up in arms, and executions -by the mobs were daily perpetrating through town and country. However -this may have been, the bill never got to the hands of Grand & Co., was -never, of course, forwarded by them to the bankers of Amsterdam, nor -anything more ever heard of it. The auditor's first conjecture then was -the true one, that it never was negotiated, nor therefore charged to the -United States in any of the bankers' accounts. I have now under my eye -a duplicate furnished me by Grand of his account of that date against -the United States, and his private account against myself, and I affirm -that he has not noticed this bill in either of these accounts, and the -auditor assures us the Dutch bankers had never charged it. The sum of the -whole then is, that I drew a bill on the United States bankers, charged -myself with it on the presumption it would be paid, that it never was -paid however, either by the bankers of the United States, or anybody -else. It was surely just then to return me the money I had paid for it. -Yet "the Native Virginian" thinks that this act of receiving back the -money I had thus through error overpaid, "_was a palpable and manifest -art of moral turpitude, about which no two honest, impartial men can -possibly differ_." I ascribe these hard expressions to the ardor of -his zeal for the public good, and as they contain neither argument nor -proof, I pass them over without observation. Indeed, I have not been in -the habit of noticing these morbid ejections of spleen either with or -without the names of those venting them. But I have thought it a duty -on the present occasion to relieve my fellow citizens and my country -from the degradation in the eyes of the world to which this informer -is endeavoring to reduce it by representing it as governed hitherto -by a succession of swindlers and peculators. Nor shall I notice any -further endeavors to prove or to palliate this palpable misinformation. -I am too old and inert to undertake minute investigations of intricate -transactions of the last century; and I am not afraid to trust to the -justice and good sense of my fellow-citizens on future, as on former -attempts to lessen me in their esteem. - -I ask of you, gentlemen, the insertion of this letter in your paper; -and I trust that the printers who have hazarded the publication of the -libel, on anonymous authority, will think that of the answer a moderate -retribution of the wrong to which they have been accessory. - - -TO JOHN ADAMS. - - MONTICELLO, June 1, 1822. - -It is very long, my dear Sir, since I have written to you. My dislocated -wrist is now become so stiff that I write slow and with pain, and -therefore write as little as I can. Yet it is due to mutual friendship -to ask once in awhile how we do? The papers tell us that General Starke -is off at the age of 93. Charles Thomson still lives at about the same -age, cheerful, slender as a grasshopper, and so much without memory -that he scarcely recognizes the members of his household. An intimate -friend of his called on him not long since; it was difficult to make -him recollect who he was, and, sitting one hour, he told him the same -story four times over. Is this life? - - "With lab'ring step - To tread our former footsteps? pace the round - Eternal?--to beat and beat - The beaten track? to see what we have seen, - To taste the tasted? o'er our palates to decant - Another vintage?" - -It is at most but the life of a cabbage; surely not worth a wish. When -all our faculties have left, or are leaving us, one by one, sight, -hearing, memory, every avenue of pleasing sensation is closed, and -athumy, debility and malaise left in their places, when friends of our -youth are all gone, and a generation is risen around us whom we know -not, is death an evil? - - When one by one our ties are torn, - And friend from friend is snatched forlorn, - When man is left alone to mourn, - Oh! then how sweet it is to die! - When trembling limbs refuse their weight, - And films slow gathering dim the sight, - When clouds obscure the mental light - 'Tis nature's kindest boon to die! - -I really think so. I have ever dreaded a doting old age; and my health -has been generally so good, and is now so good, that I dread it still. -The rapid decline of my strength during the last winter has made me -hope sometimes that I see land. During summer I enjoy its temperature, -but I shudder at the approach of winter, and wish I could sleep through -it with the Dormouse, and only wake with him in spring, if ever. They -say that Starke could walk about his room. I am told you walk well and -firmly. I can only reach my garden, and that with sensible fatigue. I -ride, however, daily. But reading is my delight. I should wish never to -put pen to paper; and the more because of the treacherous practice some -people have of publishing one's letters without leave. Lord Mansfield -declared it a breach of trust, and punishable at law. I think it should -be a penitentiary felony; yet you will have seen that they have drawn -me out into the arena of the newspapers; although I know it is too late -for me to buckle on the armor of youth, yet my indignation would not -permit me passively to receive the kick of an ass. - -To turn to the news of the day, it seems that the Cannibals of Europe -are going to eating one another again. A war between Russia and Turkey -is like the battle of the kite and snake. Whichever destroys the other, -leaves a destroyer the less for the world. This pugnacious humor of -mankind seems to be the law of his nature, one of the obstacles to too -great multiplication provided in the mechanism of the Universe. The cocks -of the henyard kill one another up. Bears, bulls, rams, do the same. And -the horse, in his wild state, kills all the young males, until worn down -with age and war, some vigorous youth kills him, and takes to himself -the Harem of females. I hope we shall prove how much happier for man the -Quaker policy is, and that the life of the feeder, is better than that -of the fighter; and it is some consolation that the desolation by these -maniacs of one part of the earth is the means of improving it in other -parts. Let the latter be our office, and let us milk the cow, while the -Russian holds her by the horns, and the Turk by the tail. God bless you, -and give you health, strength, and good spirits, and as much of life as -you think worth having. - - -TO REV. MR. WHITTEMORE. - - MONTICELLO, June 5, 1822. - -I thank you, Sir, for the pamphlets you have been so kind as to send -me, and am happy to learn that the doctrine of Jesus that there is but -one God, is advancing prosperously among our fellow citizens. Had his -doctrines, pure as they came from himself, been never sophisticated -for unworthy purposes, the whole civilized world would at this day have -formed but a single sect. You ask my opinion on the items of doctrine in -your catechism. I have never permitted myself to meditate a specified -creed. These formulas have been the bane and ruin of the Christian -church, its own fatal invention, which, through so many ages, made of -Christendom a slaughter-house, and at this day divides it into casts of -inextinguishable hatred to one another. Witness the present internecine -rage of all other sects against the Unitarian. The religions of antiquity -had no particular formulas of creed. Those of the modern world none, -except those of the religionists calling themselves Christians, and -even among these the Quakers have none. And hence, alone, the harmony, -the quiet, the brotherly affections, the exemplary and unschismatising -society of the Friends, and I hope the Unitarians, will follow their -happy example. With these sentiments of the mischiefs of creeds and -confessions of faith, I am sure you will excuse my not giving opinions -on the items of any particular one; and that you will accept, at the -same time, the assurance of the high respect and consideration which I -bear to its author. - - -TO MESSRS. RITCHIE AND GOOCH. - - MONTICELLO, June 10, 1822. - -MESSRS. RITCHIE AND GOOCH,--In my letter to you of May 13th, in answer -to a charge by a person signing himself "A Native Virginian," that on -a bill drawn by me for a sum equivalent to $1,148, the treasury of the -United States had made _double payment_, I supposed I had done as much as -would be required when I showed they had only returned to me money which -I had previously paid into the treasury on the presumption that such a -bill had been paid for me, but that this bill being lost or destroyed on -the way, had never been presented, consequently never paid by the United -States, and that the money was therefore returned to me. This being too -plain for controversy, the pseudo Native of Virginia, in his reply, No. -32, in the Federal Republican of May 24th, reduces himself ultimately -to the ground of a _double receipt_ of the money by me, first on sale or -negotiation of the bill in Europe, and a second time from the treasury. -But the bill was never sold or negotiated anywhere. It was not drawn -to raise money in the market. I sold it to nobody, received no money -on it, but enclosed it to Grand & Co. for some purpose of account, for -what particular purpose neither my memory, after a lapse of thirty-three -years, nor my papers enable me to say. Had I preserved a copy of my -letter to Grand enclosing the bill, that would doubtless have explained -the purpose. But it was drawn on the eve of my embarkation with my family -from Cowes for America, and probably the hurry of preparation for that -did not allow me time to take a copy. I presume this because I find no -such letter among my papers. Nor does any subsequent correspondence -with Grand explain it, because I had no private account with him; my -account as minister being kept with the treasury directly, so that he, -receiving no intimation of this bill, could never give me notice of its -miscarriage. But, however satisfactory might have been an explanation -of the purpose of the bill, it is unnecessary at least; the material -fact being established that it never got to hand, nor was ever paid by -the United States. - -And how does the Native Virginian maintain his charge that I received the -cash when I drew the bill? by unceremoniously inserting into the entry -of that article in my account, words of his own, making me say in direct -terms that I did receive the cash for the bill. In my account rendered -to the treasury, it is entered in these words: "1789, Oct. 1. By my bill -on Willincks, Van Staphorsts & Hubbard in favor of Grand & Co. for 2,800 -florins, equal to 6,230 livres 18 sous," but he quotes it as stated in -my account rendered to and settled at the treasury, and yet remaining, -as it is to be presumed, among the archives of that department, "_By -cash received of Grand_ for bill on Willincks, &c." Now the words "_cash -received of Grand_" constitute "the very point, the pivot, on which -the matter turns," as himself says, and not finding, he has furnished -them. Although the interpolation of them is sufficiently refuted by -the fact that Grand was, at the time, in France, and myself in England, -yet wishing that conviction of the interpolation should be founded on -official document, I wrote to the auditor, Mr. Harrison, requesting an -official certificate of the _very words_ in which that article stood in -my autograph account deposited in the office. I received yesterday his -answer of the 3d, in which he says, "I am unable to furnish the extract -you require, as the original account rendered by you of your pecuniary -transactions of a public nature in Europe, together with the vouchers -and documents connected with it, were all destroyed in the Register's -office in the memorable conflagration of 1814. With respect, therefore, -to the sum of $1,148 in question, I can only say that, after full and -repeated examinations, I considered you as most righteously and justly -entitled to receive it. Otherwise, it will, I trust, be believed that I -could not have consented to the re-payment." Considering the intimacy -which the Native Virginian shows with the treasury affairs, we might -be justified in suspecting that he knew this fact of the destruction -of the original by fire when he ventured to misquote. But certainly we -may call on him to say, and to show, from what original he copied these -words: "cash received from Grand"? I say, most assuredly, from none, -for none such ever existed. Although the original be lost, which would -have convicted him officially, it happens that when I made from my rough -draft a fair copy of my account for the treasury, I took also, with a -copying-machine, a press-copy of every page, which I kept for my own -use. It is known that copies by this well-known machine are taken by -impression on damp paper laid on the face of the written page while fresh, -and passed between rollers as copper plates are. They must therefore be -true _fac similies_. This press-copy now lies before me, has been shown -to several persons, and will be shown to as many as wish or are willing -to examine it; and this article of my account is entered in it in these -words: "1789, Oct. 1. By my bill on Willincks, Van Staphorsts & Hubbard -for 2,800 florins, equal to 6,230 livres 18 sous." An inspection of the -account, too, shows that whenever I received _cash_ for a bill, it is -uniformly entered "by cash received of such an one, &c;" but where a -bill was drawn to constitute an item of account only, the entry is "by -my bill on, &c." Now to these very words "cash received of Grand," not -in my original but interpolated by himself, he constantly appeals as -proofs of an acknowledgment _under my own hand_ that _I received the -cash_. In proof of this, I must request patience to read the following -quotations from his denunciations as standing in the Federal Republican -of May 24: - -Page 2, column 2, 1. 48 to 29 from the bottom, "he [Mr. J.] admits in -his account rendered in 1790 and settled in 1792, that he had _received -the_ '_cash_,' [placing the word _cash_ between inverted commas to -have it marked particularly as a quotation] that he had _received the_ -'_cash_' for the bill in question, and he does not directly deny it now. -Will he, can he, in the _face of his own declaration in writing_ to the -contrary, publicly say that he did not receive the money for this bill in -Europe? This is _the point_ on which the whole matter rests, the _pivot_ -on which the arguments turn. If he did receive the money in Europe, -(no matter whether at Cowes or at Paris,) he certainly had no right to -receive it a second time from the public treasury of the United States. -This is admitted I believe on all sides. Now, _that he did receive the -money in Europe_ on this bill, is proved by the _acknowledgment of the -receiver himself_, who credits the amount in his account as settled at -the treasury thus: "_cash received of Grand_ for bill on Willincks, Van -Staphorsts, 2,876 gilders, 1,148 dollars." - -Col. 3, 1. 28 to 21 from bottom. There is a plain difference in the -phraseology of the account, from which an extract is given by Mr. J. as -above, and that _which he rendered to the Treasury_. In the former he -gives the credit thus, "By my bills on Willincks," &c. In the latter he -states, "By _cash received of Grand_ for bill on Willincks, &c." There -is a difference, indeed, as he states it, but it is made solely by his -own interpolation. - -Col. 3, 1. 8, from bottom. "That Mr. Jefferson should, in the very teeth -of the facts of the evidence before us, and in his own breast, gravely -say that he had paid the money for this bill, and that therefore it -was but just to return him the amount of it, when he had, _by his own -acknowledgment_, sent it to Grand & Co., and _received the money for -it_, is, I confess, not only matter of utter astonishment but regret." -I spare myself the qualifications which these paragraphs may merit, -leaving them to be applied by every reader according to the feelings -they may excite in his own breast. - -He proceeds: "And now to place this case beyond the reach of cavil or -doubt, and to show _most conclusively_ that he had negotiated this bill -in Europe, and _received the cash_ for it there, and that such was the -understanding of the matter at the treasury in 1809, when he received -the money." These are his own words. Col. 4, he brings forward the -overwhelming fact "not hitherto made public but stated from the most -creditable and authentic source, that one of the accounting officers -of the treasury suggested in writing the propriety of taking bond and -security from Mr. J., for indemnification of the United States against -any future claim on this bill. But it seems the bond was not taken, and -the government is now liable in law, and in good faith for the payment of -this bill to the rightful owner." How this suggestion of taking bond at -the treasury, so solemnly paraded, is _more conclusive_ proof than his -own interpolation, that the _cash was received_, I am so dull as not to -perceive; but I say, that had the suggestion been made to me, it would -have been instantly complied with. But I deny his law. Were the bill now -to be presented to the treasury, the answer would and should be the same -as a merchant would give: "You have held up this bill three and thirty -years without notice; we have settled in the meantime with the drawer, -and have no effects of his left in our hands. Apply to him for payment." -On his application to me, I should first inquire into the history of the -bill; where it had been lurking for three and thirty years? how came he -by it? by interception? by trover? by assignment from Grand? by purchase? -from whom, when and where? And according to his answers I should either -institute criminal process against him, or if he showed that all was -fair and honest, I should pay him the money, and look for reimbursement -to the quarter appearing liable. The law deems seven years' absence of -a man, without being heard of, such presumptive evidence of his death, -as to distribute his estate, and to allow his wife to marry again. The -Auditor thought that twenty years non-appearance of a bill which had -been risked through the post-offices of two nations, was sufficient -presumption of its loss. But this self-styled native of Virginia thinks -that the thirty-three years now elapsed are not sufficient. Be it so. -If the accounting officers of the treasury have any uneasiness on that -subject, I am ready to give a bond of indemnification to the United -States in any sum the officers will name, and with the security which -themselves shall approve. Will this satisfy the native Virginian? or will -he now try to pick some other hole in this transaction, to shield himself -from a candid acknowledgment, that in making up his case, he supplied by -gratuitous conjectures, the facts which were not within his knowledge, -and that thus he has sinned against truth in his declarations before the -public? Be this as it may, I have so much confidence in the discernment -and candor of my fellow-citizens, as to leave to their judgment, and -dismiss from my own notice any future torture of words or circumstances -which this writer may devise for their deception. Indeed, could such -a denunciation, and on such proof, bereave me of that confidence and -consolation, I should, through the remainder of life, brood over the -afflicting belief that I had lived and labored in vain. - - -TO MR. GOODENOW. - - MONTICELLO, June 13, 1822. - -SIR,--I thank you for the volume of American Jurisprudence, which you -have been so kind as to send me. I am now too old to read books solidly, -unless they promise present amusement or future benefit. To me books -of law offer neither. But I read your 6th chapter with interest and -satisfaction, on the question whether the common law (of England) makes -a part of the laws of our general government? That it makes more or less -a part of the laws of the States is, I suppose, an unquestionable fact. -Not by _birthright_, a conceit as inexplicable as the trinity, but by -adoption. But, as to the general government, the Virginia Report on the -alien and sedition laws, has so completely pulverized this pretension -that nothing new can be said on it. Still, seeing that judges of the -Supreme Court, (I recollect, for example, Elsworth and Story) had been -found capable of such paralogism, I was glad to see that the Supreme -Court had given it up. In the case of Libel in the United States district -Court of Connecticut, the rejection of it was certainly sound; because -no law of the general government had made it an offence. But such a case -might, I suppose, be sustained in the State Courts which have state -laws against libels. Because as to the portions of power within each -State assigned to the general government, the President is as much the -Executive of the State, as their particular governor is in relation to -State powers. These, however, are speculations with which I no longer -trouble myself; and therefore, to my thanks, I will only add assurances -of my great respect. - - -TO DOCTOR BENJAMIN WATERHOUSE. - - MONTICELLO, June 26, 1822. - -DEAR SIR,--I have received and read with thankfulness and pleasure your -denunciation of the abuses of tobacco and wine. Yet, however sound in -its principles, I expect it will be but a sermon to the wind. You will -find it is as difficult to inculcate these sanative precepts on the -sensualities of the present day, as to convince an Athanasian that there -is but one God. I wish success to both attempts, and am happy to learn -from you that the latter, at least, is making progress, and the more -rapidly in proportion as our Platonizing Christians make more stir and -noise about it. The doctrines of Jesus are simple, and tend all to the -happiness of man. - -1. That there is one only God, and he all perfect. - -2. That there is a future state of rewards and punishments. - -3. That to love God with all thy heart and thy neighbor as thyself, is -the sum of religion. These are the great points on which he endeavored to -reform the religion of the Jews. But compare with these the demoralizing -dogmas of Calvin. - -1. That there are three Gods. - -2. That good works, or the love of our neighbour, are nothing. - -3. That faith is every thing, and the more incomprehensible the -proposition, the more merit in its faith. - -4. That reason in religion is of unlawful use. - -5. That God, from the beginning, elected certain individuals to be saved, -and certain others to be damned; and that no crimes of the former can -damn them; no virtues of the latter save. - -Now, which of these is the true and charitable Christian? He who believes -and acts on the simple doctrines of Jesus? Or the impious dogmatists, -as Athanasius and Calvin? Verily I say these are the false shepherds -foretold as to enter not by the door into the sheepfold, but to climb up -some other way. They are mere usurpers of the Christian name, teaching -a counter-religion made up of the _deliria_ of crazy imaginations, as -foreign from Christianity as is that of Mahomet. Their blasphemies have -driven thinking men into infidelity, who have too hastily rejected the -supposed author himself, with the horrors so falsely imputed to him. Had -the doctrines of Jesus been preached always as pure as they came from -his lips, the whole civilized world would now have been Christian. I -rejoice that in this blessed country of free inquiry and belief, which -has surrendered its creed and conscience to neither Kings nor priests, -the genuine doctrine of one only God is reviving, and I trust that there -is not a _young man_ now living in the United States who will not die -an Unitarian. - -But much I fear, that when this great truth shall be re-established, -its votaries will fall into the fatal error of fabricating formulas of -creed and confessions of faith, the engines which so soon destroyed the -religion of Jesus, and made of Christendom a mere Aceldama; that they will -give up morals for mysteries, and Jesus for Plato. How much wiser are -the Quakers, who, agreeing in the fundamental doctrines of the gospel, -schismatize about no mysteries, and, keeping within the pale of common -sense, suffer no speculative differences of opinion, any more than of -feature, to impair the love of their brethren. Be this the wisdom of -Unitarians, this the holy mantle which shall cover within its charitable -circumference all who believe in one God, and who love their neighbor! -I conclude my sermon with sincere assurances of my friendly esteem and -respect. - - -TO JOHN ADAMS. - - MONTICELLO, June 27, 1822. - -DEAR SIR,--Your kind letter of the 11th has given me great satisfaction. -For although I could not doubt but that the hand of age was pressing -heavily on you, as on myself, yet we like to know the particulars and -the degree of that pressure. Much reflection too, has been produced by -your suggestion of lending my letter of the 1st, to a printer. I have -generally great aversion to the insertion of my letters in the public -papers; because of my passion for quiet retirement, and never to be -exhibited in scenes on the public stage. Nor am I unmindful of the -precept of Horace, "_solvere senescentem, mature sanus equum, ne peccet -ad extremum ridendus_." In the present case, however, I see a possibility -that this might aid in producing the very quiet after which I pant. I -do not know how far you may suffer, as I do, under the persecution of -letters, of which every mail brings a fresh load. They are letters of -inquiry, for the most part, always of good will, sometimes from friends -whom I esteem, but much oftener from persons whose names are unknown to -me, but written kindly and civilly, and to which, therefore, civility -requires answers. Perhaps, the better known failure of your hand in its -function of writing, may shield you in greater degree from this distress, -and so far qualify the misfortune of its disability. I happened to turn -to my letter-list some time ago, and a curiosity was excited to count -those received in a single year. It was the year before the last. I -found the number to be one thousand two hundred and sixty-seven, many -of them requiring answers of elaborate research, and all to be answered -with due attention and consideration. Take an average of this number -for a week or a day, and I will repeat the question suggested by other -considerations in mine of the 1st. Is this life? At best it is but the -life of a mill-horse, who sees no end to his circle but in death. To such -a life, that of a cabbage is paradise. It occurs then, that my condition -of existence, truly stated in that letter, if better known, might check -the kind indiscretions which are so heavily oppressing the departing -hours of life. Such a relief would, to me, be an ineffable blessing. But -yours of the 11th, equally interesting and affecting, should accompany -that to which it is an answer. The two, taken together, would excite a -joint interest, and place before our fellow-citizens the present condition -of two ancient servants, who having faithfully performed their forty -or fifty campaigns, _stipendiis omnibus expletis_, have a reasonable -claim to repose from all disturbance in the sanctuary of invalids and -superannuates. But some device should be thought of for their getting -before the public otherwise than by our own publication. Your printer, -perhaps, could frame something plausible. * * * * *'s name should be left -blank, as his picture, should it meet his eye, might give him pain. I -consign, however, the whole subject to your consideration, to do in it -whatever your own judgment shall approve, and repeat always, with truth, -the assurance of my constant and affectionate friendship and respect. - - -TO WILLIAM T. BARRY. - - MONTICELLO, July 2, 1822. - -SIR,--Your favor of the 15th of June is received, and I am very thankful -for the kindness of its expressions respecting myself. But it ascribes -to me merits which I do not claim. I was only of a band devoted to the -cause of independence, all of whom exerted equally their best endeavors -for its success, and have a common right to the merits of its acquisition. -So also is the civil revolution of 1801. Very many and very meritorious -were the worthy patriots who assisted in bringing back our government -to its republican tack. To preserve it in that, will require unremitting -vigilance. Whether the surrender of our opponents, their reception into -our camp, their assumption of our name, and apparent accession to our -objects, may strengthen or weaken the genuine principles of republicanism, -may be a good or an evil, is yet to be seen. I consider the party division -of whig and tory the most wholesome which can exist in any government, -and well worthy of being nourished, to keep out those of a more dangerous -character. We already see the power, installed for life, responsible -to no authority, (for impeachment is not even a scare-crow,) advancing -with a noiseless and steady pace to the great object of consolidation. -The foundations are already deeply laid by their decisions, for the -annihilation of constitutional State rights, and the removal of every -check, every counterpoise to the ingulphing power of which themselves -are to make a sovereign part. If ever this vast country is brought under -a single government, it will be one of the most extensive corruption, -indifferent and incapable of a wholesome care over so wide a spread of -surface. This will not be borne, and you will have to choose between -reformation and revolution. If I know the spirit of this country, the -one or the other is inevitable. Before the canker is become inveterate, -before its venom has reached so much of the body politic as to get -beyond control, remedy should be applied. Let the future appointments -of judges be for four or six years, and renewable by the President and -Senate. This will bring their conduct, at regular periods, under revision -and probation, and may keep them in equipoise between the general and -special governments. We have erred in this point, by copying England, -where certainly it is a good thing to have the judges independent of -the King. But we have omitted to copy their caution also, which makes -a judge removable on the address of both legislative Houses. That there -should be public functionaries independent of the nation, whatever may -be their demerit, is a solecism in a republic, of the first order of -absurdity and inconsistency. - -To the printed inquiries respecting our schools, it is not in my power to -give an answer. Age, debility, an ancient dislocated, and now stiffened -wrist, render writing so slow and painful, that I am obliged to decline -everything possible requiring writing. An act of our legislature will -inform you of our plan of primary schools, and the annual reports show -that it is becoming completely abortive, and must be abandoned very -shortly, after costing us to this day one hundred and eighty thousand -dollars, and yet to cost us forty-five thousand dollars a year more until -it shall be discontinued; and if a single boy has received the elements -of common education, it must be in some part of the country not known to -me. Experience has but too fully confirmed the early predictions of its -fate. But on this subject I must refer you to others more able than I -am to go into the necessary details; and I conclude with the assurances -of my great esteem and respect. - - -TO DOCTOR WATERHOUSE. - - MONTICELLO, July 19, 1822. - -DEAR SIR,--An anciently dislocated, and now stiffening wrist, makes -writing an operation so slow and painful to me, that I should not so soon -have troubled you with an acknowledgment of your favor of the 8th, but for -the request it contained of my consent to the publication of my letter -of June the 26th. No, my dear Sir, not for the world. Into what a nest -of hornets would it thrust my head! the _genus irritable vatum_, on whom -argument is lost, and reason is, by themselves, disclaimed in matters of -religion. Don Quixote undertook to redress the bodily wrongs of the world, -but the redressment of mental vagaries would be an enterprise more than -Quixotic. I should as soon undertake to bring the crazy skulls of Bedlam -to sound understanding, as inculcate reason into that of an Athanasian. -I am old, and tranquility is now my _summum bonum_. Keep me, therefore, -from the fire and faggots of Calvin and his victim Servetus. Happy in -the prospect of a restoration of primitive Christianity, I must leave -to younger athletes to encounter and lop off the false branches which -have been engrafted into it by the mythologists of the middle and modern -ages. I am not aware of the peculiar resistance to Unitarianism, which -you ascribe to Pennsylvania. When I lived in Philadelphia, there was a -respectable congregation of that sect, with a meeting-house and regular -service which I attended, and in which Doctor Priestley officiated to -numerous audiences. Baltimore has one or two churches, and their pastor, -author of an inestimable book on this subject, was elected chaplain to -the late Congress. That doctrine has not yet been preached to us: but -the breeze begins to be felt which precedes the storm; and fanaticism -is all in a bustle, shutting its doors and windows to keep it out. But -it will come, and drive before it the foggy mists of Platonism which -have so long obscured our atmosphere. I am in hopes that some of the -disciples of your institution will become missionaries to us, of these -doctrines truly evangelical, and open our eyes to what has been so long -hidden from them. A bold and eloquent preacher would be nowhere listened -to with more freedom than in this State, nor with more firmness of mind. -They might need a preparatory discourse on the text of "prove all things, -hold fast that which is good," in order to unlearn the lesson that reason -is an unlawful guide in religion. They might startle on being first -awaked from the dreams of the night, but they would rub their eyes at -once, and look the spectres boldly in the face. The preacher might be -excluded by our hierophants from their churches and meeting-houses, but -would be attended in the fields by whole acres of hearers and thinkers. -Missionaries from Cambridge would soon be greeted with more welcome, -than from the tritheistical school of Andover. Such are my wishes, such -would be my welcomes, warm and cordial as the assurances of my esteem -and respect for you. - - -TO MR. THOMAS SKIDMAN. - - MONTICELLO, August 29, 1822. - -You must be so good, Sir, as to excuse me from entering into the optical -investigation which your letter of the 18th proposes. The hand of age -presses heavily on me. I have long withdrawn my mind from speculations of -that kind; my memory is on the wane. I am averse even to close thinking, -and writing is become slow, laborious and painful. I will make then -but a single suggestion on the subject of your proposition, to show my -respect to your request. - -To distinct vision it is necessary not only that the visual angle should -be sufficient for the powers of the human eye, but that there should -be sufficient light also on the object of observation. In microscopic -observations, the enlargement of the angle of vision may be more -indulged, because auxiliary light may be concentrated on the object by -concave mirrors. But in the case of the heavenly bodies, we can have -no such aid. The moon, for example, receives from the sun but a fixed -quantity of light. In proportion as you magnify her surface, you spread -that fixed quantity over a greater space, dilute it more, and render -the object more dim. If you increase her magnitude infinitely, you dim -her face infinitely also, and she becomes invisible. When under total -eclipse, all the direct rays of the sun being intercepted, she is seen -but faintly, and would not be seen at all but for the refraction of the -solar rays in their passage through our atmosphere. In a night of extreme -darkness, a house or a mountain is not seen, as not having light enough -to impress the limited sensibility of our eye. I do suppose in fact -that Herschel has availed himself of the properties of the parabolic -mirror to the point beyond which its effect would be countervailed by -the diminution of light on the object. I barely suggest this element, -not presented to view in your letter, as one which must enter into the -estimate of the improved telescope you propose. You will receive from -the professional mathematicians whom you have consulted, remarks more -elaborate and profound, and must be so good as to accept mine merely as -testimonies of my respect. - - -TO MR. GEORGE F. HOPKINS. - - MONTICELLO, September 5, 1822. - -SIR,--Your letter of August --, was received a few days ago. Of all the -departments of science no one seems to have been less advanced for the -last hundred years than that of meteorology. The new chemistry indeed -has given us a new principle of the generation of rain, by proving -water to be a composition of different gases, and has aided our theory -of meteoric lights. Electricity stands where Dr. Franklin's early -discoveries placed it, except with its new modification of galvanism. -But the phenomena of snow, hail, halo, aurora borealis, haze, looming, -&c., are as yet very imperfectly understood. I am myself an empiric in -natural philosophy, suffering my faith to go no further than my facts. -I am pleased, however, to see the efforts of hypothetical speculation, -because by the collisions of different hypotheses, truth may be elicited -and science advanced in the end. This sceptical disposition does not -permit me to say whether your hypothesis for looming and the floating -volumes of warm air occasionally perceived, may or may not be confirmed -by future observations. More facts are yet wanting to furnish a solution -on which we may rest with confidence. I even doubt as yet whether the -looming at sea and at land are governed by the same laws. In this state -of uncertainty, I cannot presume either to advise or discourage the -publication of your essay. This must depend on circumstances of which -you must be abler to judge yourself, and therefore I return the paper -as requested, with assurances of my great respect. - - -TO MR. CHILES TERRIL. - - MONTICELLO, September 25, 1822. - -SIR,--I received on the 20th, your letter of the 13th, on the question -what is an east and west line? which, you say, has been a subject of -discussion in the newspapers. I presume, however, it must have been a -mere question of definition, and that the parties have differed only -in applying the same appellation to different things. The one defines -an east and west line to be on a great circle of the earth, passing -through the point of departure, its nadir point, and the centre of the -earth, its plane rectangular, to that of the meridian of departure. The -other considers an east and west line to be a line on the surface of -the earth, bounding a plane at right-angles with its axis, or a circle -of latitude passing through the point of departure, or in other words, -a line which, from the point of departure, passes every meridian at a -right-angle. Each party, therefore, defining the line he means, may be -permitted to call it an east and west one, or at least it becomes no -longer a mathematical but a philological question of the meaning of the -words east and west. The last is what was meant probably by the east and -west line in the treaty of Ghent. The same has been the understanding -in running the numerous east and west lines which divide our different -States. They have been run by observations of latitude at very short -intervals, uniting the points of observation by short direct lines, and -thus constituting in fact part of a polygon of very short sides. - -But, Sir, I do not pretend to be an arbiter of these learned questions; -age has weaned me from such speculations, and rendered me as incompetent -as unwilling to puzzle myself with them. Your claim on me as a quondam -neighbor has induced me to hazard thus much, not indeed for the -newspapers, a vehicle to which I am never willingly committed, but to -prove my attention to your wishes, and to convey to you the assurances -of my respect. - - -JOHN ADAMS TO THOMAS JEFFERSON. - - MONTEZILLO, October 15, 1822. - -DEAR SIR,--I have long entertained scruples about writing this letter, -upon a subject of some delicacy. But old age has overcome them at last. - -You remember the four ships ordered by Congress to be built, and the -four captains appointed by Washington, Talbot, and Truxton, and Barry, -&c., to carry an ambassador to Algiers, and protect our commerce in the -Mediterranean. I have always imputed this measure to you, for several -reasons. First, because you frequently proposed it to me while we were at -Paris, negotiating together for peace with the Barbary powers. Secondly, -because I knew that Washington and Hamilton were not only indifferent -about a navy, but averse to it. There was no Secretary of the Navy; -only four Heads of department. You were Secretary of State; Hamilton, -Secretary of the Treasury; Knox, Secretary of War; and I believe Bradford -was Attorney General. I have always suspected that you and Knox were -in favor of a navy. If Bradford was so, the majority was clear. But -Washington, I am confident, was against it in his judgment. But his -attachment to Knox, and his deference to your opinion, for I know he -had a great regard for you, might induce him to decide in favor of you -and Knox, even though Bradford united with Hamilton in opposition to -you. That Hamilton was averse to the measure, I have personal evidence; -for while it was pending, he came in a hurry and a fit of impatience, -to make a visit to me. He said he was likely to be called upon for a -large sum of money to build ships of war, to fight the Algerines, and -he asked my opinion of the measure. I answered him that I was clearly -in favor of it. For I had always been of opinion, from the commencement -of the revolution, that a navy was the most powerful, the safest and -the cheapest national defence for this country. My advice, therefore, -was, that as much of the revenue as could possibly be spared, should be -applied to the building and equipping of ships. The conversation was -of some length, but it was manifest in his looks and in his air, that -he was disgusted at the measure, as well as at the opinion that I had -expressed. - -Mrs. Knox not long since wrote a letter to Doctor Waterhouse, requesting -him to procure a commission for her son, in the navy; that navy, says her -ladyship, of which his father was the parent. "For," says she, "I have -frequently heard General Washington say to my husband, the navy was your -child." I have always believed it to be Jefferson's child, though Knox -may have assisted in ushering it into the world. Hamilton's hobby was -the army. That Washington was averse to a navy, I had full proof from -his own lips, in many different conversations, some of them of length, -in which he always insisted that it was only building and arming ships -for the English. "_Si quid novisti rectius istis candidus imperti; si -non, his utere mecum._" - -If I am in error in any particular, pray correct your humble servant. - - -TO MR. CORNELIUS CAMDEN BLATCHLY. - - MONTICELLO, October 21, 1822. - -SIR,--I return thanks for the pamphlet you have been so kind as to send -me on the subject of commonwealths. Its moral principles merit entire -approbation, its philanthropy especially, and its views of the equal -rights of man. That, on the principle of a communion of property, small -societies may exist in habits of virtue, order, industry, and peace, -and consequently in a state of as much happiness as heaven has been -pleased to deal out to imperfect humanity, I can readily conceive, and -indeed, have seen its proofs in various small societies which have been -constituted on that principle. But I do not feel authorized to conclude -from these that an extended society, like that of the United States, or -of an individual State, could be governed happily on the same principle. -I look to the diffusion of light and education as the resource most to -be relied on for ameliorating the condition, promoting the virtue, and -advancing the happiness of man. That every man shall be made virtuous, -by any process whatever, is, indeed, no more to be expected, than that -every tree shall be made to bear fruit, and every plant nourishment. -The brier and bramble can never become the vine and olive; but their -asperities may be softened by culture, and their properties improved to -usefulness in the order and economy of the world. And I do hope that, -in the present spirit of extending to the great mass of mankind the -blessings of instruction, I see a prospect of great advancement in the -happiness of the human race; and that this may proceed to an indefinite, -although not to an infinite degree. Wishing every success to the views -of your society which their hopes can promise, and thanking you most -particularly for the kind expressions of your letter towards myself, I -salute you with assurances of great esteem and respect. - - -TO JOHN ADAMS. - - MONTICELLO, November 1, 1822. - -DEAR SIR,--I have racked my memory and ransacked my papers, to enable -myself to answer the inquiries of your favor of October the 15th; but to -little purpose. My papers furnish me nothing, my memory, generalities -only. I know that while I was in Europe, and anxious about the fate -of our seafaring men, for some of whom, then in captivity in Algiers, -we were treating, and all were in like danger, I formed, undoubtingly, -the opinion that our government, as soon as practicable, should provide -a naval force sufficient to keep the Barbary States in order; and on -this subject we communicated together, as you observe. When I returned -to the United States and took part in the administration under General -Washington, I constantly maintained that opinion; and in December, 1790, -took advantage of a reference to me from the first Congress which met -after I was in office, to report in favor of a force sufficient for -the protection of our Mediterranean commerce; and I laid before them an -accurate statement of the whole Barbary force, public and private. I think -General Washington approved of building vessels of war to that extent. -General Knox, I know, did. But what was Colonel Hamilton's opinion, I -do not in the least remember. Your recollections on that subject are -certainly corroborated by his known anxieties for a close connection -with Great Britain, to which he might apprehend danger from collisions -between their vessels and ours. Randolph was then Attorney General; but -his opinion on the question I also entirely forget. Some vessels of war -were accordingly built and sent into the Mediterranean. The additions -to these in your time, I need not note to you, who are well known to -have ever been an advocate for the wooden walls of Themistocles. Some of -those you added, were sold under an act of Congress passed while you were -in office. I thought, afterwards, that the public safety might require -some additional vessels of strength, to be prepared and in readiness -for the first moment of a war, provided they could be preserved against -the decay which is unavoidable if kept in the water, and clear of the -expense of officers and men. With this view I proposed that they should -be built in dry docks, above the level of the tide waters, and covered -with roofs. I further advised, that places for these docks should be -selected where there was a command of water on a high level, as that -of the Tyber at Washington, by which the vessels might be floated out, -on the principle of a lock. But the majority of the legislature was -against any addition to the navy, and the minority, although for it in -judgment, voted against it on a principle of opposition. We are now, -I understand, building vessels to remain on the stocks, under shelter, -until wanted, when they will be launched and finished. On my plan they -could be in service at an hour's notice. On this, the finishing, after -launching, will be a work of time. - -This is all I recollect about the origin and progress of our navy. That -of the late war, certainly raised our rank and character among nations. -Yet a navy is a very expensive engine. It is admitted, that in ten or -twelve years a vessel goes to entire decay; or, if kept in repair, costs -as much as would build a new one; and that a nation who could count on -twelve or fifteen years of peace, would gain by burning its navy and -building a new one in time. Its extent, therefore, must be governed by -circumstances. Since my proposition for a force adequate to the piracies -of the Mediterranean, a similar necessity has arisen in our own seas -for considerable addition to that force. Indeed, I wish we could have -a convention with the naval powers of Europe, for them to keep down -the pirates of the Mediterranean, and the slave ships on the coast of -Africa, and for us to perform the same duties for the society of nations -in our seas. In this way, those collisions would be avoided between the -vessels of war of different nations, which beget wars and constitute -the weightiest objection to navies. I salute you with constant affection -and respect. - - -TO DOCTOR COOPER. - - MONTICELLO, November 2, 1822. - -DEAR SIR,--Your favor of October the 18th came to hand yesterday. The -atmosphere of our country is unquestionably charged with a threatening -cloud of fanaticism, lighter in some parts, denser in others, but too -heavy in all. I had no idea, however, that in Pennsylvania, the cradle of -toleration and freedom of religion, it could have arisen to the height -you describe. This must be owing to the growth of Presbyterianism. -The blasphemy and absurdity of the five points of Calvin, and the -impossibility of defending them, render their advocates impatient of -reasoning, irritable, and prone to denunciation. In Boston, however, and -its neighborhood, Unitarianism has advanced to so great strength, as now -to humble this haughtiest of all religious sects; insomuch, that they -condescend to interchange with them and the other sects, the civilities -of preaching freely and frequently in each others' meeting houses. In -Rhode Island, on the other hand, no sectarian preacher will permit an -Unitarian to pollute his desk. In our Richmond there is much fanaticism, -but chiefly among the women. They have their night meetings and praying -parties, where, attended by their priests, and sometimes by a hen-pecked -husband, they pour forth the effusions of their love to Jesus, in terms -as amatory and carnal, as their modesty would permit them to use to a -mere earthly lover. In our village of Charlottesville, there is a good -degree of religion, with a small spice only of fanaticism. We have four -sects, but without either church or meeting-house. The court-house is the -common temple, one Sunday in the month to each. Here, Episcopalian and -Presbyterian, Methodist and Baptist, meet together, join in hymning their -Maker, listen with attention and devotion to each others' preachers, and -all mix in society with perfect harmony. It is not so in the districts -where Presbyterianism prevails undividedly. Their ambition and tyranny -would tolerate no rival if they had power. Systematical in grasping -at an ascendency over all other sects, they aim, like the Jesuits, at -engrossing the education of the country, are hostile to every institution -which they do not direct, and jealous at seeing others begin to attend -at all to that object. The diffusion of instruction, to which there is -now so growing an attention, will be the remote remedy to this fever -of fanaticism; while the more proximate one will be the progress of -Unitarianism. That this will, ere long, be the religion of the majority -from north to south, I have no doubt. - -In our university you know there is no Professorship of Divinity. -A handle has been made of this, to disseminate an idea that this is -an institution, not merely of no religion, but against all religion. -Occasion was taken at the last meeting of the Visitors, to bring forward -an idea that might silence this calumny, which weighed in the minds -of some honest friends to the institution. In our annual report to the -legislature, after stating the constitutional reasons against a public -establishment of any religious instruction, we suggest the expediency of -encouraging the different religious sects to establish, each for itself, -a professorship of their own tenets, on the confines of the university, -so near as that their students may attend the lectures there, and have -the free use of our library, and every other accommodation we can give -them; preserving, however, their independence of us and of each other. -This fills the chasm objected to ours, as a defect in an institution -professing to give instruction in _all_ useful sciences. I think the -invitation will be accepted, by some sects from candid intentions, and by -others from jealousy and rivalship. And by bringing the sects together, -and mixing them with the mass of other students, we shall soften their -asperities, liberalize and neutralize their prejudices, and make the -general religion a religion of peace, reason, and morality. - -The time of opening our university is still as uncertain as ever. All -the pavilions, boarding houses, and dormitories are done. Nothing is now -wanting but the central building for a library and other general purposes. -For this we have no funds, and the last legislature refused all aid. We -have better hopes of the next. But all is uncertain. I have heard with -regret of disturbances on the part of the students in your seminary. -The article of discipline is the most difficult in American education. -Premature ideas of independence, too little repressed by parents beget a -spirit of insubordination, which is the great obstacle to science with -us, and a principal cause of its decay since the revolution. I look to -it with dismay in our institution, as a breaker ahead, which I am far -from being confident we shall be able to weather. The advance of age, -and tardy pace of the public patronage, may probably spare me the pain -of witnessing consequences. - -I salute you with constant friendship and respect. - - -TO JOHN CAMPBELL, ESQ. - - MONTICELLO, November 10, 1822. - -SIR,--I have to acknowledge your favor of the 4th instant, which gives me -the first information I had ever received that the laurels which Colonel -Campbell so honorably won in the battle of King's Mountain, had ever been -brought into question by any one. To him has been ever ascribed so much -of the success of that brilliant action as the valor and conduct of an -able commander might justly claim. This lessens nothing the merits of his -companions in arms, officers and soldiers, who, all and every one, acted -well their parts in their respective stations. I have no papers on this -subject in my possession, all such received at that day having belonged -to the records of the council, but I remember well the deep and grateful -impression made on the mind of every one by that memorable victory. It -was the joyful annunciation of that turn of the tide of success which -terminated the revolutionary war with the seal of our independence. -The slighting expression complained of, as hazarded by the venerable -Shelby, might seem inexcusable in a younger man, but he was then old, -and I can assure you, dear Sir, from mortifying experience, that the -lapses of memory of an old man are innocent subjects of compassion more -than of blame. The descendants of Colonel Campbell may rest their heads -quietly on the pillow of his renown. History has consecrated, and will -forever preserve it in the faithful annals of a grateful country. With -the expressions of the high sense I entertain of his character, accept -the assurance to yourself of my great esteem and respect. - -P. S. I received at the same time with your letter, one from Mr. William -C. Preston, on the same subject. Writing is so slow and painful to me, -that I must pray you to make for me my acknowledgments to him, and my -request that he will consider this as an answer to his as well as your -favor. - - -TO JAMES SMITH. - - MONTICELLO, December 8, 1822. - -SIR,--I have to thank you for your pamphlets on the subject of -Unitarianism, and to express my gratification with your efforts for -the revival of primitive Christianity in your quarter. No historical -fact is better established, than that the doctrine of one God, pure and -uncompounded, was that of the early ages of Christianity; and was among -the efficacious doctrines which gave it triumph over the polytheism of -the ancients, sickened with the absurdities of their own theology. Nor -was the unity of the Supreme Being ousted from the Christian creed by -the force of reason, but by the sword of civil government, wielded at -the will of the fanatic Athanasius. The hocus-pocus phantasm of a God -like another Cerberus, with one body and three heads, had its birth and -growth in the blood of thousands and thousands of martyrs. And a strong -proof of the solidity of the primitive faith, is its restoration, as soon -as a nation arises which vindicates to itself the freedom of religious -opinion, and its external divorce from the civil authority. The pure and -simple unity of the Creator of the universe, is now all but ascendant -in the eastern States; it is dawning in the west, and advancing towards -the south; and I confidently expect that the present generation will -see Unitarianism become the general religion of the United States. The -eastern presses are giving us many excellent pieces on the subject, and -Priestley's learned writings on it are, or should be, in every hand. -In fact, the Athanasian paradox that one is three, and three but one, -is so incomprehensible to the human mind, that no candid man can say he -has any idea of it, and how can he believe what presents no idea? He who -thinks he does, only deceives himself. He proves, also, that man, once -surrendering his reason, has no remaining guard against absurdities the -most monstrous, and like a ship without rudder, is the sport of every -wind. With such persons, gullability, which they call faith, takes the -helm from the hand of reason, and the mind becomes a wreck. - -I write with freedom, because, while I claim a right to believe in -one God, if so my reason tells me, I yield as freely to others that -of believing in three. Both religions, I find, make honest men, and -that is the only point society has any right to look to. Although this -mutual freedom should produce mutual indulgence, yet I wish not to be -brought in question before the public on this or any other subject, and -I pray you to consider me as writing under that trust. I take no part in -controversies, religious or political. At the age of eighty, tranquillity -is the greatest good of life, and the strongest of our desires that of -dying in the good will of all mankind. And with the assurance of all -my good will to Unitarian and Trinitarian, to Whig and Tory, accept for -yourself that of my entire respect. - - -TO MR. EDWARD EVERETT. - - MONTICELLO, February 24, 1823. - -DEAR SIR,--I have read with much satisfaction the reply of Mr. Everett, -your brother, to the criticisms on his work on the state of Europe, -and concur with him generally in the doctrines of the reply. Certainly -_provisions_ are not allowed, by the consent of nations, to be contraband -but where everything is so, as in the ease of a blockaded town, with -which all intercourse is forbidden. On the question whether the principle -of "free bottoms making free goods, and enemy bottoms enemy goods," is -now to be considered as established in the law of nations, I will state -to you a fact within my own knowledge, which may lessen the weight of -our authority as having acted in the war of France and England on the -ancient principle "that the goods of an enemy in the bottom of a friend -are lawful prize; while those of a friend in an enemy bottom are not -so." England became a party in the general war against France on the -1st of February, 1793. We took immediately the stand of neutrality. We -were aware that our great intercourse with these two maritime nations -would subject us to harassment by multiplied questions on the duties -of neutrality, and that an important and early one would be which of -the two principles above stated should be the law of action with us? We -wished to act on the new one of "free bottoms free goods;" and we had -established it in our treaties with other nations, but not with England. -We determined therefore to avoid, if possible, committing ourselves on -this question until we could negotiate with England her acquiescence in -the new principle. Although the cases occurring were numerous, and the -ministers, Genet and Hammond, eagerly on the watch, we were able to avoid -any declaration until the massacre of St. Domingo. The whites, on that -occasion, took refuge on board our ships, then in their harbor, with -all the property they could find room for; and on their passage to the -United States, many of them were taken by British cruisers, and their -cargoes seized as lawful prize. The inflammable temper of Genet kindled -at once, and he wrote, with his usual passion, a letter reclaiming an -observance of the principle of "free bottoms free goods," as if already -an acknowledged law of neutrality. I pressed him in conversation not -to urge this point; that although it had been acted on by convention, -by the armed neutrality, it was not yet become a principle of universal -admission; that we wished indeed to strengthen it by our adoption, and -were negotiating an acquiescence on the part of Great Britain: but if -forced to decide prematurely, we must justify ourselves by a declaration -of the ancient principle, and that no general consent of nations had -as yet changed it. He was immoveable, and on the 25th of July wrote a -letter, so insulting, that nothing but a determined system of justice -and moderation would have prevented his being shipped home in the first -vessel. I had the day before answered his of the 9th, in which I had -been obliged in our own justification, to declare that the ancient was -the established principle, still existing and authoritative. Our denial, -therefore, of the new principle, and action on the old one, were forced -upon us by the precipitation and intemperance of Genet, against our -wishes, and against our aim; and our involuntary practice, therefore, -is of less authority against the new rule. - -I owe you particular thanks for the copy of your translation of Buttman's -Greek Grammar, which you have been so kind as to send me. A cursory view -of it promises me a rich mine of valuable criticism. I observe he goes -with the herd of grammarians in denying an Ablative case to the Greek -language. I cannot concur with him in that, but think with the Messrs. -of Port Royal who admit an Ablative. And why exclude it? Is it because -the Dative and Ablative in Greek are always of the same form? Then there -is no Ablative to the Latin plurals, because in them as in Greek, these -cases are always in the same form. The Greeks recognized the Ablative -under the appellation of the πτωσις αφαιρετικη, which I have met with and -noted from some of the scholiasts, without recollecting where. Stephens, -Scapula, Hederic acknowledge it as one of the significations of the -word αφαιρεματικος. That the Greeks used it cannot be denied. For one -of multiplied examples which maybe produced take the following from the -Hippolytus of Euripides: "ειπε τῳ τροπῳ, δικης Επαισεν αυτον ροπτρον," -"dic quo modo justitiæ clava percussit eum," "quo modo" are Ablatives, -then why not τω τροπῳ? And translating it into English, should we use -the [16]Dative or Ablative preposition? It is not perhaps easy to define -very critically what constitutes a case in the declension of nouns. All -agree as to the Nominative that it is simply the name of the thing. If we -admit that a distinct case is constituted by any accident or modification -which changes the relation which that bears to the actors or action -of the sentence, we must agree to the six cases at least; because, for -example, _to_ a thing, and _from_ a thing are very different accidents to -the thing. It may be said that if every distinct accident or change of -relation constitutes a different case, then there are in every language -as many cases as there are prepositions; for this is the peculiar office -of the preposition. But because we do not designate by special names -all the cases to which a noun is liable, is that a reason why we should -throw away half of those we have, as is done by those grammarians who -reject all cases, but the Nominative, Genitive, and Accusative, and in -a less degree by those also who reject the Ablative alone? as pushing -the discrimination of all the possible cases to extremities leads us to -nothing useful or practicable, I am contented with the old six cases, -familiar to every cultivated language, ancient and modern, and well -understood by all. I acknowledge myself at the same time not an adept in -the metaphysical speculations of Grammar. By analyzing too minutely we -often reduce our subject to atoms, of which the mind loses its hold. Nor -am I a friend to a scrupulous purism of style. I readily sacrifice the -niceties of syntax to euphony and strength. It is by boldly neglecting -the rigorisms of grammar, that Tacitus has made himself the strongest -writer in the world. The Hyperesitics call him barbarous; but I should -be sorry to exchange his barbarisms for their wise-drawn purisms. Some of -his sentences are as strong as language can make them. Had he scrupulously -filled up the whole of their syntax, they would have been merely common. -To explain my meaning by an English example, I will quote the motto of -one, I believe, of the regicides of Charles I., "Rebellion _to_ tyrants -is obedience to God." Correct its syntax, "Rebellion _against_ tyrants -is obedience to God," it has lost all the strength and beauty of the -antithesis. However, dear Sir, I profess again my want of familiarity -with these speculations; I hazard them without confidence, and offer -them submissively to your consideration and more practised judgment. - -Although writing, with both hands crippled, is slow and painful, and -therefore nearly laid aside from necessity, I have been decoyed by my -subjects into a very long letter. What would therefore have been a good -excuse for ending with the first page, cannot be a bad one for concluding -in the fourth, with the assurance of my great esteem and respect. - -FOOTNOTE: - - [16] See Buttman's Datives, p. 230, every one of which I - should consider as under the accident or relation called - Ablative, having no signification of _approach_ according - to his definition of the Dative. - - -TO JOHN ADAMS. - - MONTICELLO, February 25, 1823. - -DEAR SIR,--I received, in due time, your two favors of December the -2d and February the 10th, and have to acknowledge for the ladies of -my native State their obligations to you for the encomiums which you -are so kind as to bestow on them. They certainly claim no advantages -over those of their sister States, and are sensible of more favorable -circumstances existing with many of them, and happily availed, which our -situation does not offer. But the paper respecting Monticello, to which -you allude, was not written by a Virginian, but a visitant from another -State; and written by memory at least a dozen years after the visit. -This has occasioned some lapses of recollection, and a confusion of some -things in the mind of our friend, and particularly as to the volume of -slanders supposed to have been cut out of newspapers and preserved. -It would not, indeed, have been a single volume, but an encyclopedia -in bulk. But I never had such a volume; indeed, I rarely thought those -libels worth reading, much less preserving and remembering. At the end -of every year, I generally sorted all my pamphlets, and had them bound -according to their subjects. One of these volumes consisted of personal -altercations between individuals, and calumnies on each other. This -was lettered on the back, "Personalities," and is now in the library of -Congress. I was in the habit, also, while living apart from my family, -of cutting out of the newspapers such morsels of poetry, or tales, as -I thought would please, and of sending them to my grandchildren, who -pasted them on leaves of blank paper and formed them into a book. These -two volumes have been confounded into one in the recollection of our -friend. Her poetical imagination, too, has heightened the scenes she -visited, as well as the merits of the inhabitants, to whom her society -was a delightful gratification. - -I have just finished reading O'Meara's Bonaparte. It places him in a -higher scale of understanding than I had allotted him. I had thought him -the greatest of all military captains, but an indifferent statesman, and -misled by unworthy passions. The flashes, however, which escaped from him -in these conversations with O'Meara, prove a mind of great expansion, -although not of distinct development and reasoning. He seizes results -with rapidity and penetration, but never explains logically the process -of reasoning by which he arrives at them. This book, too, makes us -forget his atrocities for a moment, in commiseration of his sufferings. -I will not say that the authorities of the world, charged with the care -of their country and people, had not a right to confine him for life, -as a lion or tiger, on the principle of self-preservation. There was -no safety to nations while he was permitted to roam at large. But the -putting him to death in cold blood, by lingering tortures of mind, by -vexations, insults and deprivations, was a degree of inhumanity to which -the poisonings and assassinations of the school of Borgia and the den -of Marat never attained. The book proves, also, that nature had denied -him the moral sense, the first excellence of well-organized man. If he -could seriously and repeatedly affirm that he had raised himself to power -without ever having committed a crime, it proves that he wanted totally -the sense of right and wrong. If he could consider the millions of human -lives which he had destroyed or caused to be destroyed, the desolations -of countries by plunderings, burnings, and famine, the destitutions of -lawful rulers of the world without the consent of their constituents, -to place his brothers and sisters on their thrones, the cutting up of -established societies of men and jumbling them discordantly together -again at his caprice, the demolition of the fairest hopes of mankind for -the recovery of their rights and amelioration of their condition, and -all the numberless train of his other enormities; the man, I say, who -could consider all these as no crimes, must have been a moral monster, -against whom every hand should have been lifted to slay him. - -You are so kind as to inquire after my health. The bone of my arm is -well knitted, but my hand and fingers are in a discouraging condition, -kept entirely useless by an œdematous swelling of slow amendment. - -God bless you and continue your good health of body and mind. - - -TO JUDGE JOHNSON. - - MONTICELLO, March 4, 1823. - -DEAR SIR,--I delayed some time the acknowledgment of your welcome letter -of December 10th, on the common lazy principle of never doing to-day what -we can put off to to-morrow, until it became doubtful whether a letter -would find you at Charleston. Learning now that you are at Washington, -I will reply to some particulars which seem to require it. - -The North American Review is a work I do not take, and which is little -known in this State, consequently I have never seen its observations -on your inestimable history, but a reviewer can never let a work pass -uncensured. He must always make himself wiser than his author. He -would otherwise think it an abdication of his office of censor. On this -occasion, he seems to have had more sensibility for Virginia than she -has for herself; for, on reading the work, I saw nothing to touch our -pride or jealousy, but every expression of respect and good will which -truth could justify. The family of enemies, whose buzz you apprehend, -are now nothing. You may learn this at Washington; and their military -relation has long ago had the full-voiced condemnation of his own State. -Do not fear, therefore, these insects. What you write will be far above -their grovelling sphere. Let me, then, implore you, dear Sir, to finish -your history of parties, leaving the time of publication to the state -of things you may deem proper, but taking especial care that we do not -lose it altogether. We have been too careless of our future reputation, -while our tories will omit nothing to place us in the wrong. Besides -the five-volumed libel which represents us as struggling for office, -and not at all to prevent our government from being administered into -a monarchy, the life of Hamilton is in the hands of a man who, to the -bitterness of the priest, adds the rancor of the fiercest federalism. -Mr. Adams' papers, too, and his biography, will descend of course to -his son, whose pen, you know, is pointed, and his prejudices not in -our favor. And doubtless other things are in preparation, unknown to -us. On our part we are depending on truth to make itself known, while -history is taking a contrary set which may become too inveterate for -correction. Mr. Madison will probably leave something, but I believe, -only particular passages of our history, and these chiefly confined -to the period between the dissolution of the old and commencement of -the new government, which is peculiarly within his knowledge. After he -joined me in the administration, he had no leisure to write. This, too, -was my case. But although I had not time to prepare anything express, -my letters, (all preserved) will furnish the daily occurrences and views -from my return from Europe in 1790, till I retired finally from office. -These will command more conviction than anything I could have written -after my retirement; no day having ever passed during that period without -a letter to somebody, written too in the moment, and in the warmth and -freshness of fact and feeling, they will carry internal evidence that -what they breathe is genuine. Selections from these, after my death, may -come out successively as the maturity of circumstances may render their -appearance seasonable. But multiplied testimony, multiplied views will -be necessary to give solid establishment to truth. Much is known to one -which is not known to another, and no one knows everything. It is the -sum of individual knowledge which is to make up the whole truth, and -to give its correct current through future time. Then do not, dear Sir, -withhold your stock of information; and I would moreover recommend that -you trust it not to a single copy, nor to a single depository. Leave -it not in the power of any one person, under the distempered view of -an unlucky moment, to deprive us of the weight of your testimony, and -to purchase, by its destruction, the favor of any party or person, as -happened with a paper of Dr. Franklin's. - -I cannot lay down my pen without recurring to one of the subjects of -my former letter, for in truth there is no danger I apprehend so much -as the consolidation of our government by the noiseless, and therefore -unalarming, instrumentality of the supreme court. This is the form in -which federalism now arrays itself, and consolidation is the present -principle of distinction between republicans and the pseudo-republicans -but real federalists. I must comfort myself with the hope that the judges -will see the importance and the duty of giving their country the only -evidence they can give of fidelity to its constitution and integrity in -the administration of its laws; that is to say, by every one's giving his -opinion _seriatim_ and publicly on the cases he decides. Let him prove -by his reasoning that he has read the papers, that he has considered -the case, that in the application of the law to it, he uses his own -judgment independently and unbiased by party views and personal favor -or disfavor. Throw himself in every case on God and his country; both -will excuse him for error and value him for his honesty. The very idea -of cooking up opinions in conclave, begets suspicions that something -passes which fears the public ear, and this, spreading by degrees, must -produce at some time abridgment of tenure, facility of removal, or some -other modification which may promise a remedy. For in truth there is -at this time more hostility to the federal judiciary, than to any other -organ of the government. - -I should greatly prefer, as you do, four judges to any greater number. -Great lawyers are not over abundant, and the multiplication of judges -only enable the weak to out-vote the wise, and three concurrent opinions -out of four gives a strong presumption of right. - -I cannot better prove my entire confidence in your candor, than by the -frankness with which I commit myself to you, and to this I add with -truth, assurances of the sincerity of my great esteem and respect. - - -JOHN ADAMS TO THOMAS JEFFERSON. - - QUINCY, March 10, 1823. - -DEAR SIR,--The sight of your well known hand writing in your favor of -25th February last, gave me great pleasure, as it proved your arm to be -restored, and your pen still manageable. May it continue till you shall -become as perfect a Calvinist as I am in one particular. Poor Calvin's -infirmities, his rheumatism, his gouts and sciatics, made him frequently -cry out, _Mon dieu, jusqu'à quand_. Lord, how long! Prat, once chief -justice of New York, always tormented with infirmities, dreamt that he -was situated on a single rock in the midst of the Atlantic Ocean. He -heard a voice: - - "Why mourns the bard, Apollo bids thee rise, - Renounce the dust, and claim thy native skies." - -The ladies' visit to Monticello has put my readers in requisition to read -to me Simons' travels in Switzerland. I thought I had some knowledge of -that country before, but I find I had no idea of it. How degenerated are -the Swiss. They might defend their country against France, Austria, and -Russia; neither of whom ought to be suffered to march armies over their -mountains. Those powers have practiced as much tyranny, and immorality, -as even the emperor Napoleon did over them, or over the royalists of -Germany or Italy. - -Neither France, Austria, or Spain, ought to have a foot of land in Italy. -All conquerors are alike. Every one of them. _Jura negat sibi lati, -nihil non arrogat armis._ We have nothing but fables concerning Theseus, -Bacchus, and Hercules, and even Sesostris; but I dare say that every -one of them was as tyrannical and immoral as Napoleon. Nebuchadnezzar -is the first great conqueror of whom we have anything like history, and -he was as great as any of them. Alexander and Cæsar were more immoral -than Napoleon. Zingis Khan was as great a conqueror as any of them, and -destroyed as many millions of lives, and thought he had a right to the -whole globe, if he could subdue it. - -What are we to think of the crusades in which three millions of lives -at least were probably sacrificed. And what right had St. Louis and -Richard Cœur de Lion to Palestine and Syria more than Alexander to -India, or Napoleon to Egypt and Italy? Right and justice have hard fare -in this world, but there is a power above who is capable and willing to -put all things right in the end; _et pour mettre chacun à sa place dans -l'universe_, and I doubt not he will. - -Mr. English, a Bostonian, has published a volume of his expedition with -Ishmael Pashaw, up the river Nile. He advanced above the third cataract, -and opens a prospect of a resurrection from the dead of those vast and -ancient countries of Abyssinia and Ethiopia; a free communication with -India, and the river Niger, and the city of Tombuctoo. This, however, is -conjecture and speculation rather than certainty; but a free communication -by land between Europe and India will ere long be opened. A few American -steamboats, and our Quincy stone-cutters would soon make the Nile as -navigable as our Hudson, Potomac, or Mississippi. You see as my reason -and intellect fails, my imagination grows more wild and ungovernable, -but my friendship remains the same. Adieu. - - -TO JOHN ADAMS. - - MONTICELLO, April 11, 1823. - -DEAR SIR,--The wishes expressed in your last favor, that I may continue -in life and health until I become a Calvinist, at least in his exclamation -of, "_Mon Dieu! jusqu'à quand!_" would make me immortal. I can never join -Calvin in addressing _his God_. He was indeed an atheist, which I can -never be; or rather his religion was dæmonism. If ever man worshipped a -false God, he did. The being described in his five points, is not the -God whom you and I acknowledge and adore, the creator and benevolent -governor of the world; but a dæmon of malignant spirit. It would be more -pardonable to believe in no God at all, than to blaspheme him by the -atrocious attributes of Calvin. Indeed, I think that every Christian sect -gives a great handle to atheism by their general dogma, that, without -a revelation, there would not be sufficient proof of the being of a -God. Now one-sixth of mankind only are supposed to be Christians; the -other five-sixths then, who do not believe in the Jewish and Christian -revelation, are without a knowledge of the existence of a God! This gives -completely a _gain de cause_ to the disciples of Ocellus, Timæus, Spinosa, -Diderot and D'Holbach. The argument which they rest on as triumphant and -unanswerable is, that in every hypothesis of cosmogony, you must admit -an eternal pre-existence of something; and according to the rule of sound -philosophy, you are never to employ two principles to solve a difficulty -when one will suffice. They say then, that it is more simple to believe -at once in the eternal pre-existence of the world, as it is now going -on, and may forever go on by the principle of reproduction which we see -and witness, than to believe in the eternal pre-existence of an ulterior -cause, or creator of the world, a being whom we see not and know not, -of whose form, substance and mode, or place of existence, or of action, -no sense informs us, no power of the mind enables us to delineate or -comprehend. On the contrary, I hold, (without appeal to revelation) that -when we take a view of the universe, in its parts, general or particular, -it is impossible for the human mind not to perceive and feel a conviction -of design, consummate skill, and indefinite power in every atom of its -composition. The movements of the heavenly bodies, so exactly held in -their course by the balance of centrifugal and centripetal forces; the -structure of our earth itself, with its distribution of lands, waters and -atmosphere; animal and vegetable bodies, examined in all their minutest -particles; insects, mere atoms of life, yet as perfectly organized as -man or mammoth; the mineral substances, their generation and uses; it is -impossible, I say, for the human mind not to believe, that there is in -all this, design, cause and effect, up to an ultimate cause, a fabricator -of all things from matter and motion, their preserver and regulator -while permitted to exist in their present forms, and their regeneration -into new and other forms. We see, too, evident proofs of the necessity -of a superintending power, to maintain the universe in its course and -order. Stars, well known, have disappeared, new ones have come into view; -comets, in their incalculable courses, may run foul of suns and planets, -and require renovation under other laws; certain races of animals are -become extinct; and were there no restoring power, all existences might -extinguish successively, one by one, until all should be reduced to a -shapeless chaos. So irresistible are these evidences of an intelligent -and powerful agent, that, of the infinite numbers of men who have existed -through all time, they have believed, in the proportion of a million -at least to unit, in the hypothesis of an eternal pre-existence of a -creator, rather than in that of a self-existent universe. Surely this -unanimous sentiment renders this more probable, than that of the few in -the other hypothesis. Some early Christians, indeed, have believed in -the co-eternal pre-existence of both the creator and the world, without -changing their relation of cause and effect. That this was the opinion of -St. Thomas, we are informed by Cardinal Toleta, in these words: "_Deus ab -æterno fuit jam omnipotens, sicut cum produxit mundum. Ab æterno potuit -producere mundum. Si sol ab æterno esset, lumen ab æterno esset; et si -pes, similiter vestigium. At lumen et vestigium effectus sunt efficientis -solis et pedis; potuit ergo cum causa æterna effectus co-æterna esse. -Cujus sententia est S. Thomas theologorum primus._"--Cardinal Toleta. - -Of the nature of this being we know nothing. Jesus tells us, that "God -is a spirit." 4. John 24. But without defining what a spirit is: πνευμα ὁ -θεος Down to the third century, we know it was still deemed material; but -of a lighter, subtler matter than our gross bodies. So says Origen, "_Deus -igitur, cui anima similis est, juxta originem, reapte corporalis est; -sed graviorum tantum ratione corporum incorporeus_." These are the words -of Huet in his commentary on Origen. Origen himself says, "_appellatio_ -ασωματου _apud nostros scriptores est inusitata et incognita_." So also -Tertullian; "_quis autem negabit deum esse corpus etsi deus spiritus? -Spiritus etiam corporis sui generis, in sua effigie._"--Tertullian. -These two fathers were of the third century. Calvin's character of -this Supreme Being seems chiefly copied from that of the Jews. But the -reformation of these blasphemous attributes, and substitution of those -more worthy, pure, and sublime, seems to have been the chief object of -Jesus in his discourses to the Jews; and his doctrine of the cosmogony -of the world is very clearly laid down in the three first verses of the -first chapter of John, in these words: "Ἐν ἀρχῇ ἦν ὁ λόγος, καὶ ὁ λόγος -ἦν πρὸς τὸν Θεὸν, καὶ Θεὸς ἦν ὁ λόγος. Οὗτος ἦν ἐν ἀρχῇ πρὸς τὸν Θεόν. -Πάντα δι' αὐτοῦ ἐγένετο· καὶ χωρὶς αὐτοῦ ἐγένετο οὐδὲ ἓν, ὃ γέγονεν." -Which truly translated means, "In the beginning God existed, and reason -[or mind] was with God, and that mind was God. This was in the beginning -with God. All things were created by it, and without it was made not one -thing which was made." Yet this text, so plainly declaring the doctrine -of Jesus, that the world was created by the supreme, intelligent being, -has been perverted by modern Christians to build up a second person -of their tritheism, by a mistranslation of the word λογος. One of its -legitimate meanings, indeed, is "a word." But in that sense it makes an -unmeaning jargon; while the other meaning, "reason," equally legitimate, -explains rationally the eternal pre-existence of God, and his creation -of the world. Knowing how incomprehensible it was that "a word," the -mere action or articulation of the organs of speech could create a world, -they undertook to make of this articulation a second pre-existing being, -and ascribe to him, and not to God, the creation of the universe. The -atheist here plumes himself on the uselessness of such a God, and the -simpler hypothesis of a self-existent universe. The truth is, that the -greatest enemies to the doctrines of Jesus are those, calling themselves -the expositors of them, who have perverted them for the structure of a -system of fancy absolutely incomprehensible, and without any foundation in -his genuine words. And the day will come, when the mystical generation of -Jesus, by the Supreme Being as his father, in the womb of a virgin, will -be classed with the fable of the generation of Minerva in the brain of -Jupiter. But we may hope that the dawn of reason, and freedom of thought -in these United States, will do away all this artificial scaffolding, -and restore to us the primitive and genuine doctrines of this the most -venerated reformer of human errors. - -So much for your quotation of Calvin's "_mon Dieu! jusqu'à quand!_" -in which, when addressed to the God of Jesus, and our God, I join -you cordially, and await his time and will with more readiness than -reluctance. May we meet there again, in Congress, with our ancient -colleagues, and receive with them the seal of approbation, "well done, -good and faithful servants." - - -TO GENERAL SAMUEL SMITH. - - MONTICELLO, May 3, 1823. - -DEAR GENERAL,--I duly received your favor of the 24th ult. But I am -rendered a slow correspondent by the loss of the use, totally of the one, -and almost totally of the other wrist, which renders writing scarcely and -painfully practicable. I learn with great satisfaction that wholesome -economies have been found, sufficient to relieve us from the ruinous -necessity of adding annually to our debt by new loans. The deviser of so -salutary a relief deserves truly well of his country. I shall be glad, -too, if an additional tax of one-fourth of a dollar a gallon on whiskey -shall enable us to meet all our engagements with punctuality. Viewing -that tax as an article in a system of excise, I was once glad to see it -fall with the rest of the system, which I considered as prematurely and -unnecessarily introduced. It was evident that our existing taxes were -_then_ equal to our existing debts. It was clearly foreseen also that -the surplus from excise would only become aliment for useless offices, -and would be swallowed in idleness by those whom it would withdraw -from useful industry. Considering it only as a fiscal measure, this was -right. But the prostration of body and mind which the cheapness of this -liquor is spreading through the mass of our citizens, now calls the -attention of the legislator on a very different principle. One of his -important duties is as guardian of those who from causes susceptible of -precise definition, cannot take care of themselves. Such are infants, -maniacs, gamblers, drunkards. The last, as much as the maniac, requires -restrictive measures to save him from the fatal infatuation under which -he is destroying his health, his morals, his family, and his usefulness -to society. One powerful obstacle to his ruinous self-indulgence would -be a price beyond his competence. As a sanatory measure, therefore, -it becomes one of duty in the public guardians. Yet I do not think it -follows necessarily that imported spirits should be subjected to similar -enhancement, until they become as cheap as those made at home. A tax -on whiskey is to discourage its consumption; a tax on foreign spirits -encourages whiskey by removing its rival from competition. The price -and present duty throw foreign spirits already out of competition with -whiskey, and accordingly they are used but to a salutary extent. You see -no persons besotting themselves with imported spirits, wines, liquors, -cordials, &c. Whiskey claims to itself alone the exclusive office of -sot-making. Foreign spirits, wines, teas, coffee, segars, salt, are -articles of as innocent consumption as broadcloths and silks and ought, -like them, to pay but the average _ad valorem_ duty of other imported -comforts. All of them are ingredients in our happiness, and the government -which steps out of the ranks of the ordinary articles of consumption -to select and lay under disproportionate burthens a particular one, -because it is a comfort, pleasing to the taste, or necessary to health, -and will therefore be bought, is, in that particular, a tyranny. Taxes -on consumption like those on capital or income, to be just, must be -uniform. I do not mean to say that it may not be for the general interest -to foster for awhile certain infant manufactures, until they are strong -enough to stand against foreign rivals; but when evident that they will -never be so, it is against right, to make the other branches of industry -support them. When it was found that France could not make sugar under -6 h. a lb., was it not tyranny to restrain her citizens from importing -at 1 h.? or would it not have been so to have laid a duty of 5 h. on the -imported? The permitting an exchange of industries with other nations -is a direct encouragement of your own, which without that, would bring -you nothing for your comfort, and would of course cease to be produced. - -On the question of the next Presidential election, I am a mere looker on. -I never permit myself to express an opinion, or to feel a wish on the -subject. I indulge a single hope only, that the choice may fall on one -who will be a friend of peace, of economy, of the republican principles -of our constitution, and of the salutary distribution of powers made by -that between the general and the local governments, to this, I ever add -sincere prayers for your happiness and prosperity. - - -TO MR. MEGEAR. - - MONTICELLO, May 29, 1823. - -I thank you, Sir, for the copy of the letters of Paul and Amicus, which -you have been so kind as to send me, and shall learn from them with -satisfaction the peculiar tenets of the Friends, and particularly their -opinions on the incomprehensibilities (otherwise called the mysteries) -of the trinity. I think with them on many points, and especially on -missionary and Bible societies. While we have so many around us, within -the same social pale, who need instruction and assistance, why carry to -a distance, and to strangers what our own neighbors need? It is a duty -certainly to give our sparings to those who want; but to see also that -they are faithfully distributed, and duly apportioned to the respective -wants of those receivers. And why give through agents whom we know not, to -persons whom we know not, and in countries from which we get no account, -when we can do it at short hand, to objects under our eye, through agents -we know, and to supply wants we see? I do not know that it is a duty to -disturb by missionaries the religion and peace of other countries, who -may think themselves bound to extinguish by fire and fagot the heresies -to which we give the name of conversions, and quote our own example for -it. Were the Pope, or his holy allies, to send in mission to us some -thousands of Jesuit priests to convert us to their orthodoxy, I suspect -that we should deem and treat it as a national aggression on our peace -and faith. I salute you in the spirit of peace and good will. - - -TO THE PRESIDENT. - - MONTICELLO, June 11, 1823. - -DEAR SIR,--Considering that I had not been to Bedford for a twelvemonth -before, I thought myself singularly unfortunate in so timing my journey, -as to have been absent exactly at the moment of your late visit to -our neighborhood. The loss, indeed, was all my own; for in these short -interviews with you, I generally get my political compass rectified, learn -from you whereabouts we are, and correct my course again. In exchange for -this, I can give you but newspaper ideas, and little indeed of these, for -I read but a single paper, and that hastily. I find Horace and Tacitus -so much better writers than the champions of the gazettes, that I lay -those down to take up these with great reluctance. And on the question -you propose, whether we can, in any form, take a bolder attitude than -formerly in favor of liberty, I can give you but commonplace ideas. -They will be but the widow's mite, and offered only because requested. -The matter which now embroils Europe, the presumption of dictating to -an independent nation the form of its government, is so arrogant, so -atrocious, that indignation, as well as moral sentiment, enlists all -our partialities and prayers in favor of one, and our equal execrations -against the other. I do not know, indeed, whether all nations do not owe -to one another a bold and open declaration of their sympathies with the -one party, and their detestation of the conduct of the other. But farther -than this we are not bound to go; and indeed, for the sake of the world, -we ought not to increase the jealousies, or draw on ourselves the power -of this formidable confederacy. I have ever deemed it fundamental for -the United States, never to take active part in the quarrels of Europe. -Their political interests are entirely distinct from ours. Their mutual -jealousies, their balance of power, their complicated alliances, their -forms and principles of government, are all foreign to us. They are -nations of eternal war. All their energies are expended in the destruction -of the labor, property and lives of their people. On our part, never -had a people so favorable a chance of trying the opposite system, of -peace and fraternity with mankind, and the direction of all our means -and faculties to the purposes of improvement instead of destruction. -With Europe we have few occasions of collision, and these, with a little -prudence and forbearance, may be generally accommodated. Of the brethren -of our own hemisphere, none are yet, or for an age to come will be, in -a shape, condition, or disposition to war against us. And the foothold -which the nations of Europe had in either America, is slipping from under -them, so that we shall soon be rid of their neighborhood. Cuba alone -seems at present to hold up a speck of war to us. Its possession by Great -Britain would indeed be a great calamity to us. Could we induce her to -join us in guaranteeing its independence against all the world, _except_ -Spain, it would be nearly as valuable to us as if it were our own. But -should she take it, I would not immediately go to war for it; because -the first war on other accounts will give it to us; or the island will -give itself to us, when able to do so. While no duty, therefore, calls -on us to take part in the present war of Europe, and a golden harvest -offers itself in reward for doing nothing, peace and neutrality seem -to be our duty and interest. We may gratify ourselves, indeed, with a -neutrality as partial to Spain as would be justifiable without giving -cause of war to her adversary; we might and ought to avail ourselves of -the happy occasion of procuring and cementing a cordial reconciliation -with her, by giving assurance of every friendly office which neutrality -admits, and especially, against all apprehension of our intermeddling -in the quarrel with her colonies. And I expect daily and confidently to -hear of a spark kindled in France, which will employ her at home, and -relieve Spain from all further apprehensions of danger. - -That England is playing false with Spain cannot be doubted. Her government -is looking one way and rowing another. It is curious to look back a little -on past events. During the ascendancy of Bonaparte, the word among the -herd of kings, was "_sauve qui peut_." Each shifted for himself, and -left his brethren to squander and do the same as they could. After the -battle of Waterloo, and the military possession of France, they rallied -and combined in common cause, to maintain each other against any similar -and future danger. And in this alliance, Louis, now avowedly, and George, -secretly but solidly, were of the contracting parties; and there can be -no doubt that the allies are bound by treaty to aid England with their -armies, should insurrection take place among her people. The coquetry -she is now playing off between her people and her allies is perfectly -understood by the latter, and accordingly gives no apprehensions to -France, to whom it is all explained. The diplomatic correspondence she is -now displaying, these double papers fabricated merely for exhibition, in -which she makes herself talk of morals and principle, as if her qualms of -conscience would not permit her to go all lengths with her Holy Allies, -are all to gull her own people. It is a theatrical farce, in which the -five powers are the actors, England the Tartuffe, and her people the -dupes. Playing thus so dextrously into each others' hands, and their -own persons seeming secured, they are now looking to their privileged -orders. These faithful auxiliaries, or accomplices, must be saved. This -war is evidently that of the general body of the aristocracy, in which -England is also acting her part. "Save but the Nobles and there shall be -no war," says she, masking her measures at the same time under the form -of friendship and mediation, and hypocritically, while a party, offering -herself as a judge, to betray those whom she is not permitted openly to -oppose. A fraudulent neutrality, if neutrality at all, is all Spain will -get from her. And Spain, probably, perceives this, and willingly winks -at it rather than have her weight thrown openly into the other scale. - -But I am going beyond my text, and sinning against the adage of carrying -coals to Newcastle. In hazarding to you my crude and uninformed notions -of things beyond my cognizance, only be so good as to remember that it -is at your request, and with as little confidence on my part as profit -on yours. You will do what is right, leaving the people of Europe to act -their follies and crimes among themselves, while we pursue in good faith -the paths of peace and prosperity. To your judgment we are willingly -resigned, with sincere assurances of affectionate esteem and respect. - - -TO JUDGE JOHNSON. - - MONTICELLO, June 12, 1823. - -DEAR SIR,--Our correspondence is of that accommodating character, -which admits of suspension at the convenience of either party, without -inconvenience to the other. Hence this tardy acknowledgment of your favor -of April the 11th. I learn from that with great pleasure, that you have -resolved on continuing your history of parties. Our opponents are far -ahead of us in preparations for placing their cause favorably before -posterity. Yet I hope even from some of them the escape of precious -truths, in angry explosions or effusions of vanity, which will betray -the genuine monarchism of their principles. They do not themselves -believe what they endeavor to inculcate, that we were an opposition -party, not on principle, but merely seeking for office. The fact is, -that at the formation of our government, many had formed their political -opinions on European writings and practices, believing the experience -of old countries, and especially of England, abusive as it was, to -be a safer guide than mere theory. The doctrines of Europe were, that -men in numerous associations cannot be restrained within the limits of -order and justice, but by forces physical and moral, wielded over them -by authorities independent of their will. Hence their organization of -kings, hereditary nobles, and priests. Still further to constrain the -brute force of the people, they deem it necessary to keep them down by -hard labor, poverty and ignorance, and to take from them, as from bees, -so much of their earnings, as that unremitting labor shall be necessary -to obtain a sufficient surplus barely to sustain a scanty and miserable -life. And these earnings they apply to maintain their privileged orders -in splendor and idleness, to fascinate the eyes of the people, and -excite in them an humble adoration and submission, as to an order of -superior beings. Although few among us had gone all these lengths of -opinion, yet many had advanced, some more, some less, on the way. And -in the convention which formed our government, they endeavored to draw -the cords of power as tight as they could obtain them, to lessen the -dependence of the general functionaries on their constituents, to subject -to them those of the States, and to weaken their means of maintaining -the steady equilibrium which the majority of the convention had deemed -salutary for both branches, general and local. To recover, therefore, in -practice the powers which the nation had refused, and to warp to their -own wishes those actually given, was the steady object of the federal -party. Ours, on the contrary, was to maintain the will of the majority -of the convention, and of the people themselves. We believed, with them, -that man was a rational animal, endowed by nature with rights, and with -an innate sense of justice; and that he could be restrained from wrong -and protected in right, by moderate powers, confided to persons of his -own choice, and held to their duties by dependence on his own will. We -believed that the complicated organization of kings, nobles, and priests, -was not the wisest nor best to effect the happiness of associated man; -that wisdom and virtue were not hereditary; that the trappings of such a -machinery, consumed by their expense, those earnings of industry, they -were meant to protect, and, by the inequalities they produced, exposed -liberty to sufferance. We believed that men, enjoying in ease and security -the full fruits of their own industry, enlisted by all their interests -on the side of law and order, habituated to think for themselves, and -to follow their reason as their guide, would be more easily and safely -governed, than with minds nourished in error, and vitiated and debased, -as in Europe, by ignorance, indigence and oppression. The cherishment of -the people then was our principle, the fear and distrust of them, that -of the other party. Composed, as we were, of the landed and laboring -interests of the country, we could not be less anxious for a government -of law and order than were the inhabitants of the cities, the strongholds -of federalism. And whether our efforts to save the principles and form -of our constitution have not been salutary, let the present republican -freedom, order and prosperity of our country determine. History may -distort truth, and will distort it for a time, by the superior efforts -at justification of those who are conscious of needing it most. Nor -will the opening scenes of our present government be seen in their true -aspect, until the letters of the day, now held in private hoards, shall -be broken up and laid open to public view. What a treasure will be found -in General Washington's cabinet, when it shall pass into the hands of -as candid a friend to truth as he was himself! When no longer, like -Cæsar's notes and memorandums in the hands of Anthony, it shall be open -to the high priests of federalism only, and garbled to say so much, and -no more, as suits their views! - -With respect to his farewell address, to the authorship of which, it -seems, there are conflicting claims, I can state to you some facts. He -had determined to decline a re-election at the end of his first term, -and so far determined, that he had requested Mr. Madison to prepare for -him something valedictory, to be addressed to his constituents on his -retirement. This was done, but he was finally persuaded to acquiesce -in a second election, to which no one more strenuously pressed him than -myself, from a conviction of the importance of strengthening, by longer -habit, the respect necessary for that office, which the weight of his -character only could effect. When, at the end of this second term, his -Valedictory came out, Mr. Madison recognized in it several passages of -his draught, several others, we were both satisfied, were from the pen -of Hamilton, and others from that of the President himself. These he -probably put into the hands of Hamilton to form into a whole, and hence -it may all appear in Hamilton's hand-writing, as if it were all of his -composition. - -I have stated above, that the original objects of the federalists were, -1st, to warp our government more to the form and principles of monarchy, -and, 2d, to weaken the barriers of the State governments as coördinate -powers. In the first they have been so completely foiled by the universal -spirit of the nation, that they have abandoned the enterprise, shrunk from -the odium of their old appellation, taken to themselves a participation -of ours, and under the pseudo-republican mask, are now aiming at their -second object, and strengthened by unsuspecting or apostate recruits from -our ranks, are advancing fast towards an ascendancy. I have been blamed -for saying, that a prevalence of the doctrines of consolidation would -one day call for reformation or _revolution_. I answer by asking if a -single State of the Union would have agreed to the constitution, had it -given all powers to the General Government? If the whole opposition to -it did not proceed from the jealousy and fear of every State, of being -subjected to the other States in matters merely its own? And if there -is any reason to believe the States more disposed now than then, to -acquiesce in this general surrender of all their rights and powers to -a consolidated government, one and undivided? - -You request me confidentially, to examine the question, whether the -Supreme Court has advanced beyond its constitutional limits, and -trespassed on those of the State authorities? I do not undertake it, my -dear Sir, because I am unable. Age and the wane of mind consequent on -it, have disqualified me from investigations so severe, and researches -so laborious. And it is the less necessary in this case, as having been -already done by others with a logic and learning to which I could add -nothing. On the decision of the case of Cohens vs. The State of Virginia, -in the Supreme Court of the United States, in March, 1821, Judge Roane, -under the signature of Algernon Sidney, wrote for the Enquirer a series -of papers on the law of that case. I considered these papers maturely as -they came out, and confess that they appeared to me to pulverize every -word which had been delivered by Judge Marshall, of the extra-judicial -part of his opinion; and all was extra-judicial, except the decision -that the act of Congress had not purported to give to the corporation -of Washington the authority claimed by their lottery law, of controlling -the laws of the States within the States themselves. But unable to claim -that case, he could not let it go entirely, but went on gratuitously to -prove, that notwithstanding the eleventh amendment of the constitution, -a State _could_ be brought as a defendant, to the bar of his court; and -again, that Congress might authorize a corporation of its territory to -exercise legislation within a State, and paramount to the laws of that -State. I cite the sum and result only of his doctrines, according to -the impression made on my mind at the time, and still remaining. If not -strictly accurate in circumstance, it is so in substance. This doctrine -was so completely refuted by Roane, that if he can be answered, I -surrender human reason as a vain and useless faculty, given to bewilder, -and not to guide us. And I mention this particular case as one only of -several, because it gave occasion to that thorough examination of the -constitutional limits between the General and State jurisdictions, which -you have asked for. There were two other writers in the same paper, under -the signatures of Fletcher of Saltoun, and Somers, who, in a few essays, -presented some very luminous and striking views of the question. And -there was a particular paper which recapitulated all the cases in which -it was thought the federal court had usurped on the State jurisdictions. -These essays will be found in the Enquirers of 1821, from May the 10th -to July the 13th. It is not in my present power to send them to you, -but if Ritchie can furnish them, I will procure and forward them. If -they had been read in the other States, as they were here, I think they -would have left, there as here, no dissentients from their doctrine. The -subject was taken up by our legislature of 1821-'22, and two draughts of -remonstrances were prepared and discussed. As well as I remember, there -was no difference of opinion as to the matter of right; but there was -as to the expediency of a remonstrance at that time, the general mind -of the States being then under extraordinary excitement by the Missouri -question; and it was dropped on that consideration. But this case is -not dead, it only sleepeth. The Indian Chief said he did not go to war -for every petty injury by itself, but put it into his pouch, and when -that was full, he then made war. Thank Heaven, we have provided a more -peaceable and rational mode of redress. - -This practice of Judge Marshall, of travelling out of his case to -prescribe what the law would be in a moot case not before the court, -is very irregular and very censurable. I recollect another instance, -and the more particularly, perhaps, because it in some measure bore on -myself. Among the midnight appointments of Mr. Adams, were commissions -to some federal justices of the peace for Alexandria. These were signed -and sealed by him, but not delivered. I found them on the table of the -department of State, on my entrance into office, and I forbade their -delivery. Marbury, named in one of them, applied to the Supreme Court -for a mandamus to the Secretary of State, (Mr. Madison) to deliver -the commission intended for him. The Court determined at once, that -being an original process, they had no cognizance of it; and therefore -the question before them was ended. But the Chief Justice went on to -lay down what the law would be, had they jurisdiction of the case, -to-wit: that they should command the delivery. The object was clearly -to instruct any other court having the jurisdiction, what they should -do if Marbury should apply to them. Besides the impropriety of this -gratuitous interference, could anything exceed the perversion of law? -For if there is any principle of law never yet contradicted, it is that -delivery is one of the essentials to the validity of a deed. Although -signed and sealed, yet as long as it remains in the hands of the party -himself, it is in _fieri_ only, it is not a deed, and can be made so -only by its delivery. In the hands of a third person it may be made an -escrow. But whatever is in the executive offices is certainly deemed to -be in the hands of the President; and in this case, was actually in my -hands, because, when I countermanded them, there was as yet no Secretary -of State. Yet this case of Marbury and Madison is continually cited by -bench and bar, as if it were settled law, without any animadversion on -its being merely an _obiter_ dissertation of the Chief Justice. - -It may be impracticable to lay down any general formula of words which -shall decide at once, and with precision, in every case, this limit of -jurisdiction. But there are two canons which will guide us safely in most -of the cases. 1st. The capital and leading object of the constitution -was to leave with the States all authorities which respected their own -citizens only, and to transfer to the United States those which respected -citizens of foreign or other States: to make us several as to ourselves, -but one as to all others. In the latter case, then, constructions should -lean to the general jurisdiction, if the words will bear it; and in -favor of the States in the former, if possible to be so construed. And -indeed, between citizens and citizens of the same State, and under their -own laws, I know but a single case in which a jurisdiction is given to -the General Government. That is, where anything but gold or silver is -made a lawful tender, or the obligation of contracts is any otherwise -impaired. The separate legislatures had so often abused that power, that -the citizens themselves chose to trust it to the general, rather than to -their own special authorities. 2d. On every question of construction, -carry ourselves back to the time when the constitution was adopted, -recollect the spirit manifested in the debates, and instead of trying -what meaning may be squeezed out of the text, or invented against it, -conform to the probable one in which it was passed. Let us try Cohen's -case by these canons only, referring always, however, for full argument, -to the essays before cited. - -1. It was between a citizen and his own State, and under a law of his -State. It was a domestic case, therefore, and not a foreign one. - -2. Can it be believed, that under the jealousies prevailing against -the General Government, at the adoption of the constitution, the States -meant to surrender the authority of preserving order, of enforcing moral -duties and restraining vice, within their own territory? And this is -the present case, that of Cohen being under the ancient and general law -of gaming. Can any good be effected by taking from the States the moral -rule of their citizens, and subordinating it to the general authority, -or to one of their corporations, which may justify forcing the meaning -of words, hunting after possible constructions, and hanging inference on -inference, from heaven to earth, like Jacob's ladder? Such an intention -was impossible, and such a licentiousness of construction and inference, -if exercised by both governments, as may be done with equal right, would -equally authorize both to claim all power, general and particular, and -break up the foundations of the Union. Laws are made for men of ordinary -understanding, and should, therefore, be construed by the ordinary rules -of common sense. Their meaning is not to be sought for in metaphysical -subtleties, which may make anything mean everything or nothing, at -pleasure. It should be left to the sophisms of advocates, whose trade it -is, to prove that a defendant is a plaintiff, though dragged into court, -_torto collo_, like Bonaparte's volunteers, into the field in chains, -or that a power has been given, because it ought to have been given, _et -alia talia_. The States supposed that by their tenth amendment, they had -secured themselves against constructive powers. They were not lessoned -yet by Cohen's case, nor aware of the slipperiness of the eels of the -law. I ask for no straining of words against the General Government, nor -yet against the States. I believe the States can best govern our home -concerns, and the General Government our foreign ones. I wish, therefore, -to see maintained that wholesome distribution of powers established by -the constitution for the limitation of both; and never to see all offices -transferred to Washington, where, further withdrawn from the eyes of -the people, they may more secretly he bought and sold as at market. - -But the Chief Justice says, "there must be an ultimate arbiter somewhere." -True, there must; but does that prove it is either party? The ultimate -arbiter is the people of the Union, assembled by their deputies in -convention, at the call of Congress, or of two-thirds of the States. -Let them decide to which they mean to give an authority claimed by two -of their organs. And it has been the peculiar wisdom and felicity of -our constitution, to have provided this peaceable appeal, where that of -other nations is at once to force. - -I rejoice in the example you set of _seriatim_ opinions. I have heard it -often noticed, and always with high approbation. Some of your brethren -will be encouraged to follow it occasionally, and in time, it may be -felt by all as a duty, and the sound practice of the primitive court -be again restored. Why should not every judge be asked his opinion, and -give it from the bench, if only by yea or nay? Besides ascertaining the -fact of his opinion, which the public have a right to know, in order -to judge whether it is impeachable or not, it would show whether the -opinions were unanimous or not, and thus settle more exactly the weight -of their authority. - -The close of my second sheet warns me that it is time now to relieve -you from this letter of unmerciful length. Indeed, I wonder how I have -accomplished it, with two crippled wrists, the one scarcely able to move -my pen, the other to hold my paper. But I am hurried sometimes beyond -the sense of pain, when unbosoming myself to friends who harmonize -with me in principle. You and I may differ occasionally in details of -minor consequence, as no two minds, more than two faces, are the same -in every feature. But our general objects are the same, to preserve the -republican form and principles of our constitution and cleave to the -salutary distribution of powers which that has established. These are -the two sheet anchors of our Union. If driven from either, we shall be -in danger of foundering. To my prayers for its safety and perpetuity, I -add those for the continuation of your health, happiness, and usefulness -to your country. - - -TO PRESIDENT MONROE. - - MONTICELLO, June 23, 1823. - -DEAR SIR,--I have been lately visited by a Mr. Miralla, a native of -Buenos Ayres, but resident in Cuba for the last seven or eight years; a -person of intelligence, of much information, and frankly communicative. I -believe, indeed, he is known to you. I availed myself of the opportunity -of learning what was the state of public sentiment in Cuba as to their -future course. He says they would be satisfied to remain as they are; but -all are sensible that that cannot be; that whenever circumstances shall -render a separation from Spain necessary, a perfect independence would -be their choice, provided they could see a certainty of protection; but -that, without that prospect, they would be divided in opinion between -an incorporation with Mexico, and with the United States.--Columbia -being too remote for prompt support. The considerations in favor of -Mexico are that the Havana would be the emporium for all the produce of -that immense and wealthy country, and of course, the medium of all its -commerce; that having no ports on its eastern coast, Cuba would become -the depôt of its naval stores and strength, and, in effect, would, in -a great measure, have the sinews of the government in its hands. That -in favor of the United States is the fact that three-fourths of the -exportations from Havana come to the United States, that they are a -settled government, the power which can most promptly succor them, rising -to an eminence promising future security; and of which they would make -a member of the sovereignty, while as to England, they would be only -a colony, subordinated to her interest, and that there is not a man in -the island who would not resist her to the bitterest extremity. Of this -last sentiment I had not the least idea at the date of my late letters -to you. I had supposed an English interest there quite as strong as that -of the United States, and therefore, that, to avoid war, and keep the -island open to our own commerce, it would be best to join that power in -mutually guaranteeing its independence. But if there is no danger of -its falling into the possession of England, I must retract an opinion -founded on an error of fact. We are surely under no obligation to give -her, gratis, an interest which she has not; and the whole inhabitants -being averse to her, and the climate mortal to strangers, its continued -military occupation by her would be impracticable. It is better then to -lie still in readiness to receive that interesting incorporation when -solicited by herself. For, certainly, her addition to our confederacy -is exactly what is wanting to round our power as a nation to the point -of its utmost interest. - -I have thought it my duty to acknowledge my error on this occasion, and -to repeat a truth before acknowledged, that, retired as I am, I know too -little of the affairs of the world to form opinions of them worthy of -any attention; and I resign myself with reason, and perfect confidence -to the care and guidance of those to whom the helm is committed. With -this assurance, accept that of my constant and affectionate friendship -and respect. - - -TO GEORGE TICKNOR. - - MONTICELLO, July 16, 1823. - -DEAR SIR,--I received in due time your favor of June 16th, and with it -your Syllabus of lectures on Spanish literature. I have considered this -with great interest and satisfaction, as it gives me a model of course -I wish to see pursued in the different branches of instruction in our -University, _i. e._ a methodical, critical, and profound explanation by -way of protection of every science we propose to teach. I am not fully -informed of the practices at Harvard, but there is one from which we -shall certainly vary, although it has been copied, I believe, by nearly -every college and academy in the United States. That is, the holding -the students all to one prescribed course of reading, and disallowing -exclusive application to those branches only which are to qualify them -for the particular vocations to which they are destined. We shall, -on the contrary, allow them uncontrolled choice in the lectures they -shall choose to attend, and require elementary qualification only, and -sufficient age. Our institution will proceed on the principle of doing -all the good it can without consulting its own pride or ambition; of -letting every one come and listen to whatever he thinks may improve the -condition of his mind. The rock which I most dread is the discipline -of the institution, and it is that on which most of our public schools -labor. The insubordination of our youth is now the greatest obstacle to -their education. We may lessen the difficulty, perhaps, by avoiding too -much government, by requiring no useless observances, none which shall -merely multiply occasions for dissatisfaction, disobedience and revolt -by referring to the more discreet of themselves the minor discipline, -the graver to the civil magistrates, as in Edinburg. On this head I am -anxious for information of the practices of other places, having myself -had little experience of the government of youth. I presume there are -printed codes of the rules of Harvard, and if so, you would oblige me -by sending me a copy, and of those of any other academy which you think -can furnish anything useful. You flatter me with a visit "as soon as you -learn that the University is fairly opened." A visit from you at any time -will be the most welcome possible to all our family, who remember with -peculiar satisfaction the pleasure they received from your former one. -But were I allowed to name the time, it should not be deferred beyond -the autumn of the ensuing year. Our last building, and that which will -be the principal ornament and keystone, giving unity to the whole, will -then be nearly finished, and afford you a gratification compensating the -trouble of the journey. We shall then, also, be engaged in our code of -regulations preparatory to our opening, which may, perhaps, take place -in the beginning of 1825. There is no person from whose information of -the European institutions, and especially their discipline, I should -expect so much aid in that difficult work. Come, then, dear Sir, at that, -or any earlier epoch, and give to our institution the benefit of your -counsel. I know that you scout, as I do, the idea of any rivalship. Our -views are Catholic for the improvement of our country by science, and -indeed, it is better even for your own University to have its yoke natè -at this distance, rather than to force a nearer one from the increasing -necessity for it. And how long before we may expect others in the -southern, western, and middle regions of this vast country? - -I send you by mail a print of the ground-plan of our institution; it -may give you some idea of its distribution and conveniences, but not of -its architecture, which being chastely classical, constitutes one of its -distinguishing characters. I am much indebted for your kind attentions -to Mr. Harrison; he is a youth of promise. I could not deny myself the -gratification of communicating to his father the part of your letter -respecting him. - -Our family all join me in assurances of our friendly esteem and great -respect. - - -JOHN ADAMS TO THOMAS JEFFERSON. - - QUINCY, August 15, 1823. - -Watchman, what of the night? Is darkness that may be felt, to prevail -over the whole world? or can you perceive any rays of a returning dawn? -Is the devil to be the "Lord's anointed" over the whole globe? or do you -foresee the fulfilment of the prophecies according to Dr. Priestley's -interpretation of them? I know not, but I have in some of my familiar, -and frivolous letters to you, told the story four times over; but if I -have, I never applied it so well as now. - -Not long after the denouement of the tragedy of Louis XVI, when I was -Vice-President, my friend the Doctor came to breakfast with me alone; -he was very sociable, very learned and eloquent, on the subject of the -French revolution. It was opening a new era in the world, and presenting a -near view of the millennium. I listened; I heard with great attention and -perfect _sang froid_. At last I asked the Doctor. Do you really believe -the French will establish a free democratical government in France? He -answered: I do firmly believe it. Will you give me leave to ask you upon -what grounds you entertain this opinion? Is it from anything you ever read -in history? Is there any instance of a Roman Catholic monarchy of five -and twenty millions at once converted into a free and national people? -No. I know of no instance like it. Is there anything in your knowledge -of human nature, derived from books, or experience, that any nation, -ancient or modern, consisting of such multitudes of ignorant people, -ever were, or ever can be converted suddenly into materials capable of -conducting a free government, especially a democratical republic? No--I -know nothing of the kind. Well then, Sir, what is the ground of your -opinion? The answer was, my opinion is founded altogether upon revelation, -and the prophecies. I take it that the ten horns of the great beast in -revelations, mean the ten crowned heads of Europe; and that the execution -of the King of France, is the falling off of the first of those horns; -and the nine monarchies of Europe will fall one after another in the same -way. Such was the enthusiasm of that great man, that reasoning machine. -After all, however, he did recollect himself so far as to say: There -is, however, a possibility of doubt; for I read yesterday a book put -into my hands, by a gentleman, a volume of travels written by a French -gentleman in 1659; in which he says he had been travelling a whole year -in England; into every part of it, and conversed freely with all ranks -of people; he found the whole nation earnestly engaged in discussing and -contriving a form of government for their future regulations; there was -but one point in which they all agreed, and in that they were unanimous: -that monarchy, nobility, and prelacy never would exist in England again. -The Doctor paused; and said: Yet, in the very next year, the whole nation -called in the King and run mad with nobility, monarchy, and prelacy. I -am no King killer; merely because they are Kings. Poor creatures; they -know no better; they believe sincerely and conscientiously that God made -them to rule the world. I would not, therefore, behead them, or send -them to St. Helena, to be treated as Bonaparte was; but I would shut -them up like the man in the iron mask; feed them well, give them as much -finery as they pleased, until they could be converted to right reason -and common sense. I have nothing to communicate from this part of the -country, except that you must not be surprised if you hear something -wonderful in Boston before long. With my profound respects for your -family, and half a century's affection for yourself, I am your humble -servant. - - -TO JAMES MADISON. - - MONTICELLO, August 30, 1823. - -DEAR SIR,--I received the enclosed letters from the President with a -request, that after perusal I would forward them to you for perusal by -yourself also, and to be returned then to him. - -You have doubtless seen Timothy Pickerings' fourth of July observations -on the Declaration of Independence. If his principles and prejudices, -personal and political, gave us no reason to doubt whether he had truly -quoted the information he alleges to have received from Mr. Adams, I -should then say, that in some of the particulars, Mr. Adams' memory -has led him into unquestionable error. At the age of eighty-eight, and -forty-seven years after the transactions of Independence, this is not -wonderful. Nor should I, at the age of eighty, on the small advantage of -that difference only, venture to oppose my memory to his, were it not -supported by written notes, taken by myself at the moment and on the -spot. He says, "the committee of five, to wit, Dr. Franklin, Sherman, -Livingston, and ourselves, met, discussed the subject, and then appointed -him and myself to make the draught; that we, as a sub-committee, met, -and after the urgencies of each on the other, I consented to undertake -the task; that the draught being made, we, the sub-committee, met, -and conned the paper over, and he does not remember that he made or -suggested a single alteration." Now these details are quite incorrect. -The committee of five met; no such thing as a sub-committee was proposed, -but they unanimously pressed on myself alone to undertake the draught. -I consented; I drew it; but before I reported it to the committee, I -communicated it _separately_ to Dr. Franklin and Mr. Adams, requesting -their corrections, because they were the two members of whose judgments -and amendments I wished most to have the benefit, before presenting -it to the committee; and you have seen the original paper now in my -hands, with the corrections of Dr. Franklin and Mr. Adams interlined in -their own hand writings. Their alterations were two or three only, and -merely verbal. I then wrote a fair copy, reported it to the committee, -and from them, unaltered, to Congress. This personal communication and -consultation with Mr. Adams, he has misremembered into the actings of -a sub-committee. Pickering's observations, and Mr. Adams' in addition, -"that it contained no new ideas, that it is a common-place compilation, -its sentiments hackneyed in Congress for two years before, and its -essence contained in Otis' pamphlet," may all be true. Of that I am not -to be the judge. Richard Henry Lee charged it as copied from Locke's -treatise on government. Otis' pamphlet I never saw, and whether I had -gathered my ideas from reading or reflection I do not know. I know only -that I turned to neither book nor pamphlet while writing it. I did not -consider it as any part of my charge to invent new ideas altogether, -and to offer no sentiment which had ever been expressed before. Had -Mr. Adams been so restrained, Congress would have lost the benefit of -his bold and impressive advocations of the rights of Revolution. For no -man's confident and fervid addresses, more than Mr. Adams', encouraged -and supported us through the difficulties surrounding us, which, like -the ceaseless action of gravity weighed on us by night and by day. Yet, -on the same ground, we may ask what of these elevated thoughts was new, -or can be affirmed never before to have entered the conceptions of man? - -Whether, also, the sentiments of Independence, and the reasons for -declaring it, which make so great a portion of the instrument, had been -hackneyed in Congress for two years before the 4th of July, '76, or -this dictum also of Mr. Adams be another slip of memory, let history -say. This, however, I will say for Mr. Adams, that he supported the -Declaration with zeal and ability, fighting fearlessly for every word -of it. As to myself, I thought it a duty to be, on that occasion, a -passive auditor of the opinions of others, more impartial judges than -I could be, of its merits or demerits. During the debate I was sitting -by Doctor Franklin, and he observed that I was writhing a little under -the acrimonious criticisms on some of its parts; and it was on that -occasion, that by way of comfort, he told me the story of John Thompson, -the hatter, and his new sign. - -Timothy thinks the instrument the better for having a fourth of -it expunged. He would have thought it still better, had the other -three-fourths gone out also, all but the single sentiment (the only one -he approves), which recommends friendship to his dear England, whenever -she is willing to be at peace with us. His insinuations are, that although -"the high tone of the instrument was in unison with the warm feelings of -the times, this sentiment of habitual friendship to England should never -be forgotten, and that the duties it enjoins should _especially_ be borne -in mind on every celebration of this anniversary." In other words, that -the Declaration, as being a libel on the government of England, composed -in times of passion, should now be buried in utter oblivion, to spare -the feelings of our English friends and Angloman fellow-citizens. But -it is not to wound them that we wish to keep it in mind; but to cherish -the principles of the instrument in the bosoms of our own citizens: -and it is a heavenly comfort to see that these principles are yet so -strongly felt, as to render a circumstance so trifling as this little -lapse of memory of Mr. Adams', worthy of being solemnly announced and -supported at an anniversary assemblage of the nation on its birthday. In -opposition, however, to Mr. Pickering, I pray God that these principles -may be eternal, and close the prayer with my affectionate wishes for -yourself of long life, health and happiness. - - -TO JOHN ADAMS. - - MONTICELLO, September 4, 1823. - -DEAR SIR,--Your letter of August the 15th was received in due time, and -with the welcome of everything which comes from you. With its opinions -on the difficulties of revolutions from despotism to freedom, I very much -concur. The generation which commences a revolution rarely completes it. -Habituated from their infancy to passive submission of body and mind to -their kings and priests, they are not qualified when called on to think -and provide for themselves; and their inexperience, their ignorance and -bigotry make them instruments often, in the hands of the Bonapartes and -Iturbides, to defeat their own rights and purposes. This is the present -situation of Europe and Spanish America. But it is not desperate. The -light which has been shed on mankind by the art of printing, has eminently -changed the condition of the world. As yet, that light has dawned on the -middling classes only of the men in Europe. The kings and the rabble, -of equal ignorance, have not yet received its rays; but it continues -to spread, and while printing is preserved, it can no more recede than -the sun return on his course. A first attempt to recover the right of -self-government may fail, so may a second, a third, &c. But as a younger -and more instructed race comes on, the sentiment becomes more and more -intuitive, and a fourth, a fifth, or some subsequent one of the ever -renewed attempts will ultimately succeed. In France, the first effort -was defeated by Robespierre, the second by Bonaparte, the third by Louis -XVIII. and his holy allies: another is yet to come, and all Europe, Russia -excepted, has caught the spirit; and all will attain representative -government, more or less perfect. This is now well understood to be a -necessary check on kings, whom they will probably think it more prudent -to chain and tame, than to exterminate. To attain all this, however, -rivers of blood must yet flow, and years of desolation pass over; yet -the object is worth rivers of blood, and years of desolation. For what -inheritance so valuable, can man leave to his posterity? The spirit -of the Spaniard, and his deadly and eternal hatred to a Frenchman, -give me much confidence that he will never submit, but finally defeat -this atrocious violation of the laws of God and man, under which he is -suffering; and the wisdom and firmness of the Cortes, afford reasonable -hope, that that nation will settle down in a temperate representative -government, with an executive properly subordinated to that. Portugal, -Italy, Prussia, Germany, Greece, will follow suit. You and I shall look -down from another world on these glorious achievements to man, which -will add to the joys even of heaven. - -I observe your toast of Mr. Jay on the 4th of July, wherein you say that -the omission of his signature to the Declaration of Independence was by -_accident_. Our impressions as to this fact being different, I shall -be glad to have mine corrected, if wrong. Jay, you know, had been in -constant opposition to our laboring majority. Our estimate at the time -was, that he, Dickinson and Johnson of Maryland, by their ingenuity, -perseverance and partiality to our English connection, had constantly -kept us a year behind where we ought to have been in our preparations -and proceedings. From about the date of the Virginia instructions of -May the 15th, 1776, to declare Independence, Mr. Jay absented himself -from Congress, and never came there again until December, 1778. Of -course, he had no part in the discussions or decision of that question. -The instructions to their Delegates by the Convention of New York, then -sitting, to sign the Declaration, were presented to Congress on the 15th -of July only, and on that day the journals show the absence of Mr. Jay, -by a letter received from him, as they had done as early as the 29th of -May by another letter. And I think he had been omitted by the convention -on a new election of Delegates, when they changed their instructions. Of -this last fact, however, having no evidence but an ancient impression, -I shall not affirm it. But whether so or not, no agency of _accident_ -appears in the case. This error of fact, however, whether yours or mine, -is of little consequence to the public. But truth being as cheap as -error, it is as well to rectify it for our own satisfaction. - -I have had a fever of about three weeks, during the last and preceding -month, from which I am entirely recovered except as to strength. - - -TO WILLIAM SHORT. - - MONTICELLO, September 8, 1823. - -DEAR SIR,--Your favor of July 28th, from Avon, came to hand on the -10th of August, and I have delayed answering it on the presumption of -your continued absence, but the approach of the season of frost in that -region has probably before this time turned you about to the south. I -readily conceive that by the time of your return to Philadelphia, you -will have had travelling enough for the present, and therefore acquiesce -in your proposition to give us the next season. Your own convenience -is a sufficient reason, and an auxiliary one is that we shall then have -more for you to see and approve. By that time, our rotunda, (the walls -of which will be finished this month) will have received its roof, -and will show itself externally to some advantage. Its columns only -will be wanting, as they must await their capitals from Italy. We have -just received from thence, and are now putting up, the marble capitals -of the buildings we have already erected, which completes our whole -system, except the rotunda and its adjacent gymnasia. All are now ready -to receive their occupants, and should the legislature, at their next -session, liberate our funds as is hoped, we shall ask but one year more -to procure our professors, for most of whom we must go to Europe. In -your substitution of Monticello instead of your annual visit to Black -Rock, I will engage you equal health, and a more genial and pleasant -climate; but instead of the flitting, flirting, and gay assemblage of -that place, you must be contented with the plain and sober family and -neighborly society, with the assurance that you shall hear no wrangling -about the next president, although the excitement on that subject will -then be at its acme. Numerous have been the attempts to entangle me -in that imbroglio. But at the age of eighty, I seek quiet and abjure -contention. I read but a single newspaper, Ritchie's Enquirer, the best -that is published or ever has been published in America. Yon should -read it also, to keep yourself _au fait_ of your own State, for we still -claim you as belonging to us. A city life offers you indeed more means -of dissipating time, but more frequent, also, and more painful objects of -vice and wretchedness. New York, for example, like London, seems to be a -Cloacina of all the depravities of human nature. Philadelphia doubtless -has its share. Here, on the contrary, crime is scarcely heard of, breaches -of order rare, and our societies, if not refined, are rational, moral, -and affectionate at least. Our only blot is becoming less offensive by -the great improvement in the condition and civilization of that race, -who can now more advantageously compare their situation with that of -the laborers of Europe. Still it is a hideous blot, as well from the -heteromorph peculiarities of the race, as that, with them, physical -compulsion to action must be substituted for the moral necessity which -constrains the free laborers to work equally hard. We feel and deplore -it morally and politically, and we look without entire despair to some -redeeming means not yet specifically foreseen. I am happy in believing -that the conviction of the necessity of removing this evil gains ground -with time. Their emigration to the westward lightens the difficulty -by dividing it, and renders it more practicable on the whole. And the -neighborhood of a government of their color promises a more accessible -asylum than that from whence they came. Ever and affectionately yours. - - -TO MR. THOMAS EARLE. - - MONTICELLO, September 24, 1823. - -SIR,--Your letter of August 28th, with the pamphlet accompanying it, -was not received until the 18th instant. - -That our Creator made the earth for the use of the living and not of -the dead; that those who exist not can have no use nor right in it, no -authority or power over it; that one generation of men cannot foreclose -or burthen its use to another, which comes to it in its own right and by -the same divine beneficence; that a preceding generation cannot bind a -succeeding one by its laws or contracts; these deriving their obligation -from the will of the existing majority, and that majority being removed -by death, another comes in its place with a will equally free to make -its own laws and contracts; these are axioms so self-evident that no -explanation can make them plainer; for he is not to be reasoned with who -says that non-existence can control existence, or that nothing can move -something. They are axioms also pregnant with salutary consequences. -The laws of civil society indeed for the encouragement of industry, -give the property of the parent to his family on his death, and in most -civilized countries permit him even to give it, by testament, to whom -he pleases. And it is also found more convenient to suffer the laws -of our predecessors to stand on our implied assent, as if positively -re-enacted, until the existing majority positively repeals them. But -this does not lessen the right of that majority to repeal whenever a -change of circumstances or of will calls for it. Habit alone confounds -what is civil practice with natural right. - -On the merits of the pamphlet I say nothing of course; having found it -necessary to decline giving opinions on books even when desired. For the -functions of a reviewer, I have neither time, talent, nor inclination, and -I trust that on reflection your indulgence will not think unreasonable -my unwillingness to embark in an office of so little enticement. With -my thanks for the pamphlet, be pleased to accept the assurance of my -great respect. - - -TO MR. HUGH P. TAYLOR. - - MONTICELLO, October 4, 1823. - -SIR,--You must, I think, have somewhat misunderstood what I may have said -to you as to manuscripts in my possession relating to the antiquities, -and particularly the Indian antiquities of our country. The only -manuscripts I now possess are some folio volumes, two of these are -the proceedings of the Virginia Company in England; the remaining four -are of the Records of the Council of Virginia from 1622 to 1700. The -account of the two first volumes you will see in the preface to Stith's -History of Virginia. They contain the records of the Virginia company, -copied from the originals, under the eye, if I recollect rightly, of -the Earl of Southampton, a member of the company, bought at the sale of -his library by Doctor Byrd, of Westover, and sold with that library to -Isaac Zane. These volumes happened at the time of the sale, to have been -borrowed by Colonel R. Bland, whose library I bought, and with this, -they were sent to me. I gave notice of it to Mr. Zane, but he never -reclaimed them. I shall deposit them in the library of the university, -where they will be most likely to be preserved with care. The other four -volumes, I am confident, are the original office records of the council. -My conjectures are that when Sr. John Randolph was about to begin the -History of Virginia which he meant to write, he borrowed these volumes -from the council office, to collect from them materials for his work. -He died before he had made any progress in that work, and they remained -in his library, probably unobserved, during the whole life of the late -Peyton Randolph, his son; from his executors I purchased his library in -a lump, and these volumes were sent to me as a part of it. I found the -leaves so rotten as often to crumble into dust on being handled; I bound -them, therefore, together, that they might not be unnecessarily opened, -and have thus preserved them forty-seven years. If my conjectures are -right, they must have been out of the public office about eighty years. -I shall deposit them also with the others in the same library of the -university, where they will be safer from injury than in a public office. -I have promised, however, to trust them to Mr. Hening, if he will copy -and publish them when he shall have finished his collection of the laws. -For this he is peculiarly qualified, as well by his diligence as by his -familiarity with our ancient manuscript characters, a familiarity very -necessary for decyphering these volumes. - -I agree with you that it is the duty of every good citizen to use all -the opportunities which occur to him, for preserving documents relating -to the history of our country. That I have not been remiss in this while -I had youth, health, and opportunity, is proved otherwise, as well as -by the materials I furnished towards Mr. Hening's invaluable collection -of the laws of our country; but there is a time, and that time is come -with me, when these duties are no more, when age and the wane of mind -and memory, and the feebleness of the powers of life pass them over as -a legacy to younger hands. I write now slowly, laboriously, painfully. -I am obliged, therefore, to decline all correspondence which some moral -duty does not urgently call on me to answer. I always trust that those -who write them will read their answer in my age and silence, and see -in these a manifestation that I am done with writing letters. I am -sorry, therefore, that I am not able to give any aid to the work you -contemplate, other than my best wishes for its success, and to these I -add the assurance of my great respect. - - -TO JOHN ADAMS. - - MONTICELLO, October 12, 1823. - -DEAR SIR,--I do not write with the ease which your letter of September -the 18th supposes. Crippled wrists and fingers make writing slow and -laborious. But while writing to you, I lose the sense of these things in -the recollection of ancient times, when youth and health made happiness -out of everything. I forget for a while the hoary winter of age, when we -can think of nothing but how to keep ourselves warm, and how to get rid -of our heavy hours until the friendly hand of death shall rid us of all -at once. Against this _tedium vitæ_, however, I am fortunately mounted -on a hobby, which, indeed, I should have better managed some thirty -or forty years ago; but whose easy amble is still sufficient to give -exercise and amusement to an octogenary rider. This is the establishment -of a University, on a scale more comprehensive, and in a country more -healthy and central than our old William and Mary, which these obstacles -have long kept in a state of languor and inefficiency. But the tardiness -with which such works proceed, may render it doubtful whether I shall -live to see it go into action. - -Putting aside these things, however, for the present, I write this letter -as due to a friendship coeval with our government, and now attempted to -be poisoned, when too late in life to be replaced by new affections. I -had for sometime observed in the public papers, dark hints and mysterious -innuendos of a correspondence of yours with a friend, to whom you had -opened your bosom without reserve, and which was to be made public by -that friend or his representative. And now it is said to be actually -published. It has not yet reached us, but extracts have been given, and -such as seemed most likely to draw a curtain of separation between you -and myself. Were there no other motive than that of indignation against -the author of this outrage on private confidence, whose shaft seems to -have been aimed at yourself more particularly, this would make it the -duty of every honorable mind to disappoint that aim, by opposing to -its impression a seven-fold shield of apathy and insensibility. With -me, however, no such armor is needed. The circumstances of the times in -which we have happened to live, and the partiality of our friends at a -particular period, placed us in a state of apparent opposition, which some -might suppose to be personal also; and there might not be wanting those -who wished to make it so, by filling our ears with malignant falsehoods, -by dressing up hideous phantoms of their own creation, presenting them -to you under my name, to me under yours, and endeavoring to instil into -our minds things concerning each other the most destitute of truth. And -if there had been, at any time, a moment when we were off our guard, and -in a temper to let the whispers of these people make us forget what we -had known of each other for so many years, and years of so much trial, -yet all men who have attended to the workings of the human mind, who -have seen the false colors under which passion sometimes dresses the -actions and motives of others, have seen also those passions subsiding -with time and reflection, dissipating like mists before the rising sun, -and restoring to us the sight of all things in their true shape and -colors. It would be strange indeed, if, at our years, we were to go back -an age to hunt up imaginary or forgotten facts, to disturb the repose -of affections so sweetening to the evening of our lives. Be assured, -my dear Sir, that I am incapable of receiving the slightest impression -from the effort now made to plant thorns on the pillow of age, worth -and wisdom, and to sow tares between friends who have been such for -near half a century. Beseeching you then, not to suffer your mind to be -disquieted by this wicked attempt to poison its peace, and praying you -to throw it by among the things which have never happened, I add sincere -assurances of my unabated and constant attachment, friendship and respect. - - -TO THE PRESIDENT. - - MONTICELLO, October 24, 1823. - -DEAR SIR,--The question presented by the letters you have sent me, -is the most momentous which has ever been offered to my contemplation -since that of Independence. That made us a nation, this sets our compass -and points the course which we are to steer through the ocean of time -opening on us. And never could we embark on it under circumstances more -auspicious. Our first and fundamental maxim should be, never to entangle -ourselves in the broils of Europe. Our second, never to suffer Europe -to intermeddle with Cis-Atlantic affairs. America, North and South, has -a set of interests distinct from those of Europe, and peculiarly her -own. She should therefore have a system of her own, separate and apart -from that of Europe. While the last is laboring to become the domicil of -despotism, our endeavor should surely be, to make our hemisphere that -of freedom. One nation, most of all, could disturb us in this pursuit; -she now offers to lead, aid, and accompany us in it. By acceding to -her proposition, we detach her from the bands, bring her mighty weight -into the scale of free government, and emancipate a continent at one -stroke, which might otherwise linger long in doubt and difficulty. Great -Britain is the nation which can do us the most harm of any one, or all on -earth; and with her on our side we need not fear the whole world. With -her then, we should most sedulously cherish a cordial friendship; and -nothing would tend more to knit our affections than to be fighting once -more, side by side, in the same cause. Not that I would purchase even -her amity at the price of taking part in her wars. But the war in which -the present proposition might engage us, should that be its consequence, -is not her war, but ours. Its object is to introduce and establish -the American system, of keeping out of our land all foreign powers, of -never permitting those of Europe to intermeddle with the affairs of our -nations. It is to maintain our own principle, not to depart from it. -And if, to facilitate this, we can effect a division in the body of the -European powers, and draw over to our side its most powerful member, -surely we should do it. But I am clearly of Mr. Canning's opinion, that -it will prevent instead of provoking war. With Great Britain withdrawn -from their scale and shifted into that of our two continents, all Europe -combined would not undertake such a war. For how would they propose to -get at either enemy without superior fleets? Nor is the occasion to be -slighted which this proposition offers, of declaring our protest against -the atrocious violations of the rights of nations, by the interference -of any one in the internal affairs of another, so flagitiously begun by -Bonaparte, and now continued by the equally lawless Alliance, calling -itself Holy. - -But we have first to ask ourselves a question. Do we wish to acquire to -our own confederacy any one or more of the Spanish provinces? I candidly -confess, that I have ever looked on Cuba as the most interesting addition -which could ever be made to our system of States. The control which, -with Florida Point, this island would give us over the Gulf of Mexico, -and the countries and isthmus bordering on it, as well as all those -whose waters flow into it, would fill up the measure of our political -well-being. Yet, as I am sensible that this can never be obtained, even -with her own consent, but by war; and its independence, which is our -second interest, (and especially its independence of England,) can be -secured without it, I have no hesitation in abandoning my first wish -to future chances, and accepting its independence, with peace and the -friendship of England, rather than its association, at the expense of -war and her enmity. - -I could honestly, therefore, join in the declaration proposed, that we -aim not at the acquisition of any of those possessions, that we will -not stand in the way of any amicable arrangement between them and the -mother country; but that we will oppose, with all our means, the forcible -interposition of any other power, as auxiliary, stipendiary, or under -any other form or pretext, and most especially, their transfer to any -power by conquest, cession, or acquisition in any other way. I should -think it, therefore, advisable, that the Executive should encourage the -British government to a continuance in the dispositions expressed in -these letters, by an assurance of his concurrence with them as far as -his authority goes; and that as it may lead to war, the declaration of -which requires an act of Congress, the case shall be laid before them -for consideration at their first meeting, and under the reasonable aspect -in which it is seen by himself. - -I have been so long weaned from political subjects, and have so long -ceased to take any interest in them, that I am sensible I am not qualified -to offer opinions on them worthy of any attention. But the question now -proposed involves consequences so lasting, and effects so decisive of -our future destinies, as to rekindle all the interest I have heretofore -felt on such occasions, and to induce me to the hazard of opinions, which -will prove only my wish to contribute still my mite towards anything -which may be useful to our country. And praying you to accept it at only -what it is worth, I add the assurance of my constant and affectionate -friendship and respect. - - -TO M. CORAY. - - MONTICELLO, October 31, 1823. - -DEAR SIR,--Your favor of July 10th is lately received. I recollect with -pleasure the short opportunity of acquaintance with you afforded me in -Paris, by the kindness of Mr. Paradise, and the fine editions of the -classical writers of Greece which have been announced by you from time -to time, have never permitted me to lose the recollection. Until those -of Aristotle's Ethics, and the Strategicos of Onesander, with which -you have now favored me, and for which I pray you to accept my thanks, -I had seen only your Lives of Plutarch. These I had read, and profited -much by your valuable Scholia, and the aid of a few words from a modern -Greek dictionary would, I believe, have enabled me to read your patriotic -addresses to your countrymen. - -You have certainly begun at the right end towards preparing them for the -great object they are now contending for, by improving their minds and -qualifying them for self-government. For this they will owe you lasting -honors. Nothing is more likely to forward this object than a study of -the fine models of science left by their ancestors, to whom _we_ also -are all indebted for the lights which originally led ourselves out of -Gothic darkness. - -No people sympathize more feelingly than ours with the sufferings of -your countrymen, none offer more sincere and ardent prayers to heaven -for their success. And nothing indeed but the fundamental principle of -our government, never to entangle us with the broils of Europe, could -restrain our generous youth from taking some part in this holy cause. -Possessing ourselves the combined blessing of liberty and order, we -wish the same to other countries, and to none more than yours, which, -the first of civilized nations, presented examples of what man should -be. Not, indeed, that the forms of government adapted to their age and -country are practicable or to be imitated in our day, although prejudices -in their favor would be natural enough to your people. The circumstances -of the world are too much changed for that. The government of Athens, for -example, was that of the people of one city making laws for the whole -country subjected to them. That of Lacedæmon was the rule of military -monks over the laboring class of the people, reduced to abject slavery. -These are not the doctrines of the present age. The equal rights of -man, and the happiness of every individual, are now acknowledged to be -the only legitimate objects of government. Modern times have the signal -advantage, too, of having discovered the only device by which these -rights can be secured, to-wit: government by the people, acting not in -person, but by representatives chosen by themselves, that is to say, -by every man of ripe years and sane mind, who either contributes by his -purse or person to the support of his country. The small and imperfect -mixture of representative government in England, impeded as it is by -other branches, aristocratical and hereditary, shows yet the power of -the representative principle towards improving the condition of man. -With us, all the branches of the government are elective by the people -themselves, except the Judiciary, of whose science and qualifications -they are not competent judges. Yet, even in that department, we call in -a jury of the people to decide all controverted matters of fact, because -to that investigation they are entirely competent, leaving thus as little -as possible, merely the law of the case, to the decision of the judges. -And true it is that the people, especially when moderately instructed, -are the only safe, because the only honest, depositories of the public -rights, and should therefore be introduced into the administration -of them in every function to which they are sufficient; they will err -sometimes and accidentally, but never designedly, and with a systematic -and persevering purpose of overthrowing the free principles of the -government. Hereditary bodies, on the contrary, always existing, always -on the watch for their own aggrandizement, profit of every opportunity -of advancing the privileges of their order, and encroaching on the rights -of the people. - -The public papers tell us that your nation has established a government -of some kind without informing us what it is. This is certainly necessary -for the direction of the war, but I presume it is intended to be temporary -only, as a permanent constitution must be the work of quiet, leisure, -much inquiry, and great deliberation. The extent of our country was so -great, and its former division into distinct States so established, -that we thought it better to confederate as to foreign affairs only. -Every State retained its self-government in domestic matters, as better -qualified to direct them to the good and satisfaction of their citizens, -than a general government so distant from its remoter citizens, and so -little familiar with the local peculiarities of the different parts. -But I presume that the extent of country with you, which may liberate -itself from the Turks, is not too large to be associated under a single -government, and that the particular constitutions of our several States, -therefore, and not that of our federal government, will furnish the -basis best adapted to your situation. There are now twenty-four of these -distinct States, none smaller perhaps than your Morea, several larger -than all Greece. Each of these has a constitution framed by itself and -for itself, but militating in nothing with the powers of the general -government in its appropriate department of war and foreign affairs. These -constitutions being in print and in every hand, I shall only make brief -observations on them, and on those provisions particularly which have -not fulfilled expectations, or which, being varied in different States, -leave a choice to be made of that which is best. You will find much good -in all of them, and no one which would be approved in all its parts. -Such indeed are the different circumstances, prejudices, and habits of -different nations, that the constitution of no one would be reconcilable -to any other in every point. A judicious selection of the parts of each -suitable to any other, is all which prudence should attempt; this will -appear from a review of some parts of our constitutions. - -Our executives are elected by the people for terms of one, two, three, -or four years, under the names of governors or presidents, and are -reëligible a second time, or after a certain term, if approved by the -people. May your Ethnarch be elective also? or does your position among -the warring powers of Europe need an office more permanent, and a leader -more stable? Surely you will make him single. For if experience has ever -taught a truth, it is that a plurality in the supreme executive will -forever split into discordant factions, distract the nation, annihilate -its energies, and force the nation to rally under a single head, generally -an usurper. We have, I think, fallen on the happiest of all modes of -constituting the executive, that of easing and aiding our President, by -permitting him to choose Secretaries of State, of finance, of war, and -of the navy, with whom he may advise, either separately or all together, -and remedy their divisions by adopting or controlling their opinions -at his discretion; this saves the nation from the evils of a divided -will, and secures to it a steady march in the systematic course which -the president may have adopted for that of his administration. - -Our legislatures are composed of two houses, the senate and -representatives, elected in different modes, and for different periods, -and in some States, with a qualified veto in the executive chief. But to -avoid all temptation to superior pretensions of the one over the other -house, and the possibility of either erecting itself into a privileged -order, might it not be better to choose at the same time and in the same -mode, a body sufficiently numerous to be divided by lot into two separate -houses, acting as independently as the two houses in England, or in our -governments, and to shuffle their names together and re-distribute them -by lot, once a week for a fortnight? This would equally give the benefit -of time and separate deliberation, guard against an absolute passage by -acclamation, derange cabals, intrigues, and the count of noses, disarm -the ascendency which a popular demagogue might at anytime obtain over -either house, and render impossible all disputes between the two houses, -which often form such obstacles to business. - -Our different States have differently modified their several judiciaries -as to the tenure of office. Some appoint their judges for a given term -of time; some continue them _during good behavior_, and that to be -determined on by the concurring vote of _two-thirds_ of each legislative -house. In England they are removable by a _majority_ only of each house. -The last is a practicable remedy; the second is not. The combination of -the friends and associates of the accused, the action of personal and -party passions, and the sympathies of the human heart, will forever find -means of influencing one-third of either the one or the other house, will -thus secure their impunity, and establish them in fact for life. The -first remedy is the best, that of appointing for a term of years only, -with a capacity of re-appointment if their conduct has been approved. -At the establishment of our constitutions, the judiciary bodies were -supposed to be the most helpless and harmless members of the government. -Experience, however, soon showed in what way they were to become the -most dangerous; that the insufficiency of the means provided for their -removal gave them a freehold and irresponsibility in office; that their -decisions, seeming to concern individual suitors only, pass silent and -unheeded by the public at large; that these decisions, nevertheless, -become law by precedent, sapping, by little and little, the foundations -of the constitution, and working its change by construction, before any -one has perceived that that invisible and helpless worm has been busily -employed in consuming its substance. In truth, man is not made to be -trusted for life, if secured against all liability to account. - -The constitutions of some of our States have made it a duty of their -government to provide with due care for the public education. This we -divide into three grades. 1. Primary schools, in which are taught reading, -writing, and common arithmetic, to every infant of the State, male and -female. 2. Intermediate schools, in which an education is given proper -for artificers and the middle vocations of life; in grammar, for example, -general history, logarithms, arithmetic, plain trigonometry, mensuration, -the use of the globes, navigation, the mechanical principles, the elements -of natural philosophy, and, as a preparation for the University, the -Greek and Latin languages. 3. An University, in which these and all other -useful sciences shall be taught in their highest degree; the expenses -of these institutions are defrayed partly by the public, and partly by -the individuals profiting of them. - -But, whatever be the constitution, great care must be taken to provide -a mode of amendment, when experience or change of circumstances shall -have manifested that any part of it is unadapted to the good of the -nation. In some of our States it requires a new authority from the whole -people, acting by their representatives, chosen for this express purpose, -and assembled in convention. This is found too difficult for remedying -the imperfections which experience develops from time to time in an -organization of the first impression. A greater facility of amendment is -certainly requisite to maintain it in a course of action accommodated to -the times and changes through which we are ever passing. In England the -constitution may be altered by a single act of the legislature, which -amounts to the having no constitution at all. In some of our States, -an act passed by two different legislatures, chosen by the people, at -different and successive elections, is sufficient to make a change in -the constitution. As this mode may be rendered more or less easy, by -requiring the approbation of fewer or more successive legislatures, -according to the degree of difficulty thought sufficient, and yet safe, -it is evidently the best principle which can be adopted for constitutional -amendments. - -I have stated that the constitutions of our several States vary more or -less in some particulars. But there are certain principles in which all -agree, and which all cherish as vitally essential to the protection of -the life, liberty, property, and safety of the citizen. - -1. Freedom of religion, restricted only from _acts_ of trespass on that -of others. - -2. Freedom of person, securing every one from imprisonment, or other -bodily restraint, but by the laws of the land. This is effected by the -well-known law of _habeas corpus_. - -3. Trial by jury, the best of all safe-guards for the person, the -property, and the fame of every individual. - -4. The exclusive right of legislation and taxation in the representatives -of the people. - -5. Freedom of the press, subject only to liability for personal injuries. -This formidable censor of the public functionaries, by arraigning them -at the tribunal of public opinion, produces reform peaceably, which must -otherwise be done by revolution. It is also the best instrument for -enlightening the mind of man, and improving him as a rational, moral, -and social being. - -I have thus, dear Sir, according to your request, given you some -thoughts on the subject of national government. They are the result -of the observations and reflections of an octogenary, who has passed -fifty years of trial and trouble in the various grades of his country's -service. They are yet but outlines which you will better fill up, and -accommodate to the habits and circumstances of your countrymen. Should -they furnish a single idea which may be useful to them, I shall fancy -it a tribute rendered to the manes of your Homer, your Demosthenes, and -the splendid constellation of sages and heroes, whose blood is still -flowing in your veins, and whose merits are still resting, as a heavy -debt, on the shoulders of the living, and the future races of men. While -we offer to heaven the warmest supplications for the restoration of your -countrymen to the freedom and science of their ancestors, permit me to -assure yourself of the cordial esteem and high respect which I bear and -cherish towards yourself personally. - - -TO THE MARQUIS DE LA FAYETTE. - - MONTICELLO, November 4, 1823. - -MY DEAR FRIEND,--Two dislocated wrists and crippled fingers have rendered -writing so slow and laborious, as to oblige me to withdraw from nearly -all correspondence; not however, from yours, while I can make a stroke -with a pen. We have gone through too many trying scenes together, to -forget the sympathies and affections they nourished. - -Your trials have indeed been long and severe. When they will end, is yet -unknown, but where they will end, cannot be doubted. Alliances, Holy or -Hellish, may be formed, and retard the epoch of deliverance, may swell -the rivers of blood which are yet to flow, but their own will close the -scene, and leave to mankind the right of self-government. I trust that -Spain will prove, that a nation cannot be conquered which determines -not to be so, and that her success will be the turning of the tide of -liberty, no more to be arrested by human efforts. Whether the state of -society in Europe can bear a republican government, I doubted, you know, -when with you, and I do now. A hereditary chief, strictly limited, the -right of war vested in the legislative body, a rigid economy of the public -contributions, and absolute interdiction of all useless expenses, will -go far towards keeping the government honest and unoppressive. But the -only security of all, is in a free press. The force of public opinion -cannot be resisted, when permitted freely to be expressed. The agitation -it produces must be submitted to. It is necessary, to keep the waters -pure. - -We are all, for example, in agitation even in our peaceful country. -For in peace as well as in war, the mind must be kept in motion. Who is -to be the next President, is the topic here of every conversation. My -opinion on that subject is what I expressed to you in my last letter. The -question will be ultimately reduced to the northernmost and southernmost -candidate. The former will get every federal vote in the Union, and many -republicans; the latter, all of those denominated _of the old school_; -for you are not to believe that these two parties are amalgamated, that -the lion and the lamb are lying down together. The Hartford Convention, -the victory of Orleans, the peace of Ghent, prostrated the name of -federalism. Its votaries abandoned it through shame and mortification; -and now call themselves republicans. But the name alone is changed, the -principles are the same. For in truth, the parties of Whig and Tory, are -those of nature. They exist in all countries, whether called by these -names, or by those of Aristocrats and Democrats, Coté Droite and Coté -Gauche, Ultras and Radicals, Serviles, and Liberals. The sickly, weakly, -timid man, fears the people, and is a tory by nature. The healthy, strong -and bold, cherishes them, and is formed a whig by nature. On the eclipse -of federalism with us, although not its extinction, its leaders got up -the Missouri question, under the false front of lessening the measure of -slavery, but with the real view of producing a geographical division of -parties, which might insure them the next President. The people of the -north went blindfold into the snare, followed their leaders for awhile -with a zeal truly moral and laudable, until they became sensible that -they were injuring instead of aiding the real interests of the slaves, -that they had been used merely as tools for electioneering purposes; -and that trick of hypocrisy then fell as quickly as it had been got up. -To that is now succeeding a distinction, which, like that of republican -and federal, or whig and tory, being equally intermixed through every -State, threatens none of those geographical schisms which go immediately -to a separation. The line of division now, is the preservation of State -rights as reserved in the constitution, or by strained constructions of -that instrument, to merge all into a consolidated government. The tories -are for strengthening the executive and general Government; the whigs -cherish the representative branch, and the rights reserved by the States, -as the bulwark against consolidation, which must immediately generate -monarchy. And although this division excites, as yet, no warmth, yet -it exists, is well understood, and will be a principle of voting at the -ensuing election, with the reflecting men of both parties. - -I thank you much for the two books you were so kind as to send me by Mr. -Gallatin. Miss Wright had before favored me with the first edition of -her American work; but her "Few days in Athens," was entirely new, and -has been a treat to me of the highest order. The matter and manner of -the dialogue is strictly ancient; and the principles of the sects are -beautifully and candidly explained and contrasted; and the scenery and -portraiture of the interlocutors are of higher finish than anything in -that line left us by the ancients; and like Ossian, if not ancient, it -is equal to the best morsels of antiquity. I augur, from this instance, -that Herculaneum is likely to furnish better specimens of modern than -of ancient genius; and may we not hope more from the same pen? - -After much sickness, and the accident of a broken and disabled arm, I -am again in tolerable health, but extremely debilitated, so as to be -scarcely able to walk into my garden. The hebetude of age, too, and -extinguishment of interest in the things around me, are weaning me from -them, and dispose me with cheerfulness to resign them to the existing -generation, satisfied that the daily advance of science will enable them -to administer the commonwealth with increased wisdom. You have still -many valuable years to give to your country, and with my prayers that -they may be years of health and happiness, and especially that they may -see the establishment of the principles of government which you have -cherished through life, accept the assurance of my affectionate and -constant friendship and respect. - - -TO MR. PATRICK K. RODGERS. - - MONTICELLO, January 29, 1824. - -SIR,--I have duly received your favor of the 14th, with a copy of your -mathematical principles of natural philosophy, which I have looked -into with all the attention which the rust of age and long continued -avocations of a very different character permit me to exercise. I think -them entirely worthy of approbation, both as to matter and method, and -for their brevity as a text book; and I remark particularly the clearness -and precision with which the propositions are enounced, and, in the -demonstrations, the easy form in which ideas are presented to the mind, -so as to be almost intuitive and self-evident. Of Cavallo's book, which -you say you are enjoined to teach, I have no knowledge, having never -seen it; but its character is, I think, that of mere mediocrity; and, -from my personal acquaintance with the man, I should expect no more. He -was heavy, capable enough of understanding what he read, and with memory -to retain it, but without the talent of digestion or improvement. But, -indeed, the English generally have been very stationary in latter times, -and the French, on the contrary, so active and successful, particularly -in preparing elementary books, in the mathematical and natural sciences, -that those who wish for instruction, without caring from what nation they -get it, resort universally to the latter language. Besides the earlier -and invaluable works of Euler and Bezont, we have latterly that of -Lacroix in mathematics, of Legendre in geometry, Lavoisier in chemistry, -the elementary works of Haüy in physics, Biot in experimental physics -and physical astronomy, Dumeril in natural history, to say nothing of -many detached essays of Monge and others, and the transcendent labors -of Laplace, and I am informed, by a highly instructed person recently -from Cambridge, that the mathematicians of that institution, sensible -of being in the rear of those of the continent, and ascribing the cause -much to their too long-continued preference of the geometrical over -the analytical methods, which the French have so much cultivated and -improved, have now adopted the latter; and that they have also given -up the fluxionary, for the differential calculus. To confine a school, -therefore, to the obsolete work of Cavallo, is to shut out all advances -in the physical sciences which have been so great in latter times. I -am glad, however, to learn from your work, and to expect from those it -promised in succession, which will doubtless be of equal grade, that -so good a course of instruction is pursued in William and Mary. It is -very long since I have had any information of the state of education -in that seminary, to which, as my _alma mater_, my attachment has been -ever sincere, although not exclusive. When that college was located at -the middle plantation in 1693, Charles city was a frontier county, and -there were no inhabitants above the falls of the rivers, sixty miles -only higher up. It was, therefore, a position, nearly central to the -population, as it then was; but when the frontier became extended to -the Sandy river, three hundred miles west of Williamsburg, the public -convenience called, first for a removal of the seat of government, and -latterly, not for a removal of the college, but, for the establishment of -a new one, in a more central and healthy situation; not disturbing the old -one in its possessions or functions, but leaving them unimpaired for the -benefit of those to whom it is convenient. And indeed, I do not foresee -that the number of its students is likely to be much affected; because -I presume that, at present, its distance and autumnal climate prevent -its receiving many students from above the tide-waters, and especially -from above the mountains. This is, therefore, one of the cases where -the lawyers say there is _damnum absque injuriâ_; and they instance, -as in point, the settlement of a new schoolmaster in the neighborhood -of an old one. At any rate it is one of those cases wherein the public -interest rightfully prevails, and the justice of which will be yielded -to by none, I am sure, with more dutiful and candid acquiescence than -the enlightened friends of our ancient and venerable institution. The -only rivalship, I hope, between the old and the new, will be in doing -the most good possible in their respective sections of country. - -As the diagrams of your book have not been engraved, I return you the -MS. of them, which must be of value to yourself. They furnish favorable -specimens of the graphical talent of your former pupil. Permit me to -add, that I shall always be ready and happy to receive with particular -welcome the visit of which you flatter me with the hope, and to avail -myself of the occasion of assuring you personally of my great respect -and esteem. - - -TO JOSEPH C. CABELL. - - MONTICELLO, February 3, 1824. - -DEAR SIR,--I am favored with your two letters of January the 26th and -29th, and I am glad that yourself and the friends of the University are -so well satisfied, that the provisos amendatory of the University Act are -mere nullities. I had not been able to put out of my head the Algebraical -equation, which was among the first of my college lessons, that a-a=0. -Yet I cheerfully arrange myself to your opinions. I did not suppose, nor -do I now suppose it possible, that both houses of the legislature should -ever consent, for an additional fifteen thousand dollars of revenue, -to set all the Professors and students of the University adrift; and if -foreigners will have the same confidence which we have in our legislature, -no harm will have been done by the provisos. - -You recollect that we had agreed that the Visitors who are of the -legislature should fix on a certain day of meeting, after the rising of -the Assembly, to put into immediate motion the measures which this act -was expected to call for. You will of course remind the Governor that -a re-appointment of Visitors is to be made on the day following Sunday, -the 29th of this month; and as he is to appoint the day of their first -meeting, it would be well to recommend to him that which our brethren -there shall fix on. It may be designated by the Governor as the third, -fourth, &c., day after the rising of the legislature, which will give -it certainty enough. - -You ask what sum would be desirable for the purchase of books and -apparatus? Certainly the largest you can obtain. Forty or fifty thousand -dollars would enable us to purchase the most essential books of texts -and reference for the schools, and such an apparatus for mathematics, -astronomy and chemistry, as may enable us to set out with tolerable -competence, if we can, through the banks and otherwise, anticipate the -whole sum at once. - -I remark what you say on the subject of committing ourselves to any one -for the law appointment. Your caution is perfectly just. I hope, and am -certain, that this will be the standing law of discretion and duty with -every member of our board, in this and all cases. You know we have all, -from the beginning, considered the high qualifications of our professors, -as the only means by which we could give to our institution splendor -and pre-eminence over all its sister seminaries. The only question, -therefore, we can ever ask ourselves, as to any candidate, will be, is -he the most highly qualified? The college of Philadelphia has lost its -character of primacy by indulging motives of favoritism and nepotism, and -by conferring the appointments as if the professorships were entrusted -to them as provisions for their friends. And even that of Edinburgh, -you know, is also much lowered from the same cause. We are next to -observe, that a man is not qualified for a professor, knowing nothing -but merely his own profession. He should be otherwise well educated as -to the sciences generally; able to converse understandingly with the -scientific men with whom he is associated, and to assist in the councils -of the faculty on any subject of science on which they may have occasion -to deliberate. Without this, he will incur their contempt, and bring -disreputation on the institution. With respect to the professorship you -mention, I scarcely know any of our judges personally; but I will name, -for example, the late Judge Roane, who, I believe, was generally admitted -to be among the ablest of them. His knowledge was confined to the common -law chiefly, which does not constitute one-half of the qualification -of a really learned lawyer, much less that of a professor of law for -an University. And as to any other branches of science, he must have -stood mute in the presence of his literary associates, or of any learned -strangers or others visiting the University. Would this constitute the -splendid stand we propose to take? - -In the course of the trusts I have exercised through life with powers of -appointment, I can say with truth, and with unspeakable comfort, that I -never did appoint a relation to office, and that merely because I never -saw the case in which some one did not offer, or occur, better qualified; -and I have the most unlimited confidence, that in the appointment of -Professors to our nursling institution, every individual of my associates -will look with a single eye to the sublimation of its character, and -adopt, as our sacred motto, "_detur digniori_." In this way it will -honor us, and bless our country. - -I perceive that I have permitted my reflections to run into generalities -beyond the scope of the particular intimation in your letter. I will -let them go, however, as a general confession of faith, not belonging -merely to the present case. - -Name me affectionately to our brethren with you, and be assured yourself -of my constant friendship and respect. - - -TO JARED SPARKS. - - MONTICELLO, February 4, 1824. - -DEAR SIR,--I duly received your favor of the 13th, and with it, the -last number of the North American Review. This has anticipated the -one I should receive in course, but have not yet received, under my -subscription to the new series. The article on the African colonization -of the people of color, to which you invite my attention, I have read -with great consideration. It is, indeed, a fine one, and will do much -good. I learn from it more, too, than I had before known, of the degree -of success and promise of that colony. - -In the disposition of these unfortunate people, there are two rational -objects to be distinctly kept in view. First. The establishment of a -colony on the coast of Africa, which may introduce among the aborigines -the arts of cultivated life, and the blessings of civilization and -science. By doing this, we may make to them some retribution for the -long course of injuries we have been committing on their population. And -considering that these blessings will descend to the _"nati natorum, -et qui nascentur ab illis,"_ we shall in the long run have rendered -them perhaps more good than evil. To fulfil this object, the colony of -Sierra Leone promises well, and that of Mesurado adds to our prospect of -success. Under this view, the colonization society is to be considered -as a missionary society, having in view, however, objects more humane, -more justifiable, and less aggressive on the peace of other nations, -than the others of that appellation. - -The second object, and the most interesting to us, as coming home to -our physical and moral characters, to our happiness and safety, is to -provide an asylum to which we can, by degrees, send the whole of that -population from among us, and establish them under our patronage and -protection, as a separate, free and independent people, in some country -and climate friendly to human life and happiness. That any place on -the coast of Africa should answer the latter purpose, I have ever -deemed entirely impossible. And without repeating the other arguments -which have been urged by others, I will appeal to figures only, which -admit no controversy. I shall speak in round numbers, not absolutely -accurate, yet not so wide from truth as to vary the result materially. -There are in the United States a million and a half of people of color -in slavery. To send off the whole of these at once, nobody conceives to -be practicable for us, or expedient for them. Let us take twenty-five -years for its accomplishment, within which time they will be doubled. -Their estimated value as property, in the first place, (for actual -property has been lawfully vested in that form, and who can lawfully -take it from the possessors?) at an average of two hundred dollars -each, young and old, would amount to six hundred millions of dollars, -which must be paid or lost by somebody. To this, add the cost of their -transportation by land and sea to Mesurado, a year's provision of food -and clothing, implements of husbandry and of their trades, which will -amount to three hundred millions more, making thirty-six millions of -dollars a year for twenty-five years, with insurance of peace all that -time, and it is impossible to look at the question a second time. I am -aware that at the end of about sixteen years, a gradual detraction from -this sum will commence, from the gradual diminution of breeders, and go -on during the remaining nine years. Calculate this deduction, and it -is still impossible to look at the enterprise a second time. I do not -say this to induce an inference that the getting rid of them is forever -impossible. For that is neither my opinion nor my hope. But only that -it cannot be done in this way. There is, I think, a way in which it can -be done; that is, by emancipating the after-born, leaving them, on due -compensation, with their mothers, until their services are worth their -maintenance, and then putting them to industrious occupations, until a -proper age for deportation. This was the result of my reflections on -the subject five and forty years ago, and I have never yet been able -to conceive any other practicable plan. It was sketched in the Notes on -Virginia, under the fourteenth query. The estimated value of the new-born -infant is so low, (say twelve dollars and fifty cents,) that it would -probably be yielded by the owner gratis, and would thus reduce the six -hundred millions of dollars, the first head of expense, to thirty-seven -millions and a half; leaving only the expenses of nourishment while -with the mother, and of transportation. And from what fund are these -expenses to be furnished? Why not from that of the lands which have -been ceded by the very States now needing this relief? And ceded on no -consideration, for the most part, but that of the general good of the -whole. These cessions already constitute one fourth of the States of -the Union. It may be said that these lands have been sold; are now the -property of the citizens composing those States; and the money long ago -received and expended. But an equivalent of lands in the territories -since acquired, may be appropriated to that object, or so much, at least, -as may be sufficient; and the object, although more important to the -slave States, is highly so to the others also, if they were serious in -their arguments on the Missouri question. The slave States, too, if more -interested, would also contribute more by their gratuitous liberation, -thus taking on themselves alone the first and heaviest item of expense. - -In the plan sketched in the Notes on Virginia, no particular place -of asylum was specified; because it was thought possible, that in the -revolutionary state of America, then commenced, events might open to -us some one within practicable distance. This has now happened. St. -Domingo has become independent, and with a population of that color -only; and if the public papers are to be credited, their Chief offers -to pay their passage, to receive them as free citizens, and to provide -them employment. This leaves, then, for the general confederacy, no -expense but of nurture with the mother a few years, and would call, of -course, for a very moderate appropriation of the vacant lands. Suppose -the whole annual increase to be of sixty thousand effective births, -fifty vessels, of four hundred tons burthen each, constantly employed in -that short run, would carry off the increase of every year, and the old -stock would die off in the ordinary course of nature, lessening from the -commencement until its final disappearance. In this way no violation of -private right is proposed Voluntary surrenders would probably come in -as fast as the means to be provided for their care would be competent -to it. Looking at my own State only, and I presume not to speak for the -others, I verily believe that this surrender of property would not amount -to more, annually, than half our present direct taxes, to be continued -fully about twenty or twenty-five years, and then gradually diminishing -for as many more until their final extinction; and even this half tax -would not be paid in cash, but by the delivery of an object which they -have never yet known or counted as part of their property; and those -not possessing the object will be called on for nothing. I do not go -into all the details of the burthens and benefits of this operation. And -who could estimate its blessed effects? I leave this to those who will -live to see their accomplishment, and to enjoy a beatitude forbidden -to my age. But I leave it with this admonition, to rise and be doing. A -million and a half are within their control; but six millions, (which a -majority of those now living will see them attain,) and one million of -these fighting men, will say, "we will not go." - -I am aware that this subject involves some constitutional scruples. -But a liberal construction, justified by the object, may go far, and an -amendment of the constitution, the whole length necessary. The separation -of infants from their mothers, too, would produce some scruples of -humanity. But this would be straining at a gnat, and swallowing a camel. - -I am much pleased to see that you have taken up the subject of the duty -on imported books. I hope a crusade will be kept up against it, until -those in power shall become sensible of this stain on our legislation, -and shall wipe it from their code, and from the remembrance of man, if -possible. - -I salute you with assurances of high respect and esteem. - - -TO ROBERT J. GARNETT. - - MONTICELLO, February 14, 1824. - -DEAR SIR,--I have to thank you for the copy of Colonel Taylor's New -Views of the Constitution, and shall read them with the satisfaction -and edification which I have ever derived from whatever he has written. -But I fear it is the voice of one crying in the wilderness. Those who -formerly usurped the _name_ of federalists, which, _in fact_, they never -were, have now openly abandoned it, and are as openly marching by the -road of construction, in a direct line to that consolidation which was -always their real object. They, almost to a man, are in possession of -one branch of the government, and appear to be very strong in yours. -The three great questions of amendment now before you, will give the -measure of their strength. I mean, 1st, the limitation of the term -of the presidential service; 2d, the placing the choice of president -effectually in the hands of the people; 3d, the giving to Congress the -power of internal improvement, on condition that each State's federal -proportion of the monies so expended, shall be employed within the -State. The friends of consolidation would rather take these powers by -construction than accept them by direct investiture from the States. Yet, -as to internal improvement particularly, there is probably not a State -in the Union which would not grant the power on the condition proposed, -or which would grant it without that. - -The best general key for the solution of questions of power between -our governments, is the fact that "every foreign and federal power is -given to the federal government, and to the States every power purely -domestic." I recollect but one instance of control vested in the federal, -over the State authorities in a matter purely domestic, which is that -of metallic tenders. The federal is, in truth, our foreign government, -which department alone is taken from the sovereignty of the separate -States. - -The real friends of the constitution in its federal form, if they wish it -to be immortal, should be attentive, by amendments, to make it keep pace -with the advance of the age in science and experience. Instead of this, -the European governments have resisted reformation, until the people, -seeing no other resource, undertake it themselves by force, their only -weapon, and work it out through blood, desolation and long-continued -anarchy. Here it will be by large fragments breaking off, and refusing -re-union but on condition of amendment, or perhaps permanently. If I can -see these three great amendments prevail, I shall consider it as a renewed -extension of the term of our lease, shall live in more confidence, and -die in more hope. And I do trust that the republican mass, which Colonel -Taylor justly says is the real federal one, is still strong enough to -carry these truly federo-republican amendments. With my prayers for the -issue, accept my friendly and respectful salutations. - - -TO MR. ISAAC ENGELBRECHT. - - MONTICELLO, February 25, 1824. - -SIR,--The kindness of the motive which led to the request of your letter -of the 14th instant, and which would give some value to an article from -me, renders compliance a duty of gratitude; knowing nothing more moral, -more sublime, more worthy of your preservation than David's description -of the good man, in his 15th Psalm, I will here transcribe it from Brady -& Tate's version: - - Lord, who's the happy man that may to thy blest courts repair, - Not stranger-like, to visit them, but to inhabit there? - 'Tis he whose every thought and deed by rules of virtue moves, - Whose generous tongue disdains to speak the thing his heart disproves. - Who never did a slander forge, his neighbor's fame to wound, - Nor hearken to a false report by malice whispered round. - Who, vice, in all its pomp and power, can treat with just neglect; - And piety, though clothed in rags, religiously respect. - Who, to his plighted vows and trust, has ever firmly stood, - And though he promise to his loss he makes his promise good. - Whose soul in usury disdains his treasure to employ, - Whom no rewards can ever bribe the guiltless to destroy. - The man who by this steady course has happiness ensured, - When earth's foundation shakes, shall stand by providence secured. - -Accept this as a testimony of my respect for your request, an -acknowledgment of a due sense of the favor of your opinion, and an -assurance of my good will and best wishes. - - -TO MR. WOODWARD. - - MONTICELLO, March 24, 1824. - -I have to thank you, dear Sir, for the copy I have received of your System -of Universal Science, for which, I presume, I am indebted to yourself. -It will be a monument of the learning of the author and of the analyzing -powers of his mind. Whether it may be adopted in general use is yet to be -seen. These analytical views indeed must always be ramified according to -their object. Yours is on the great scale of a methodical encyclopedia of -all human sciences, taking for the basis of their distribution, matter, -mind, and the union of both. Lord Bacon founded his first great division -on the faculties of the mind which have cognizance of these sciences. -It does not seem to have been observed by any one that the origination -of this division was not with him. It had been proposed by Charron more -than twenty years before, in his book de la Sagesse, B. 1, c. 14, and -an imperfect ascription of the sciences to these respective faculties -was there attempted. This excellent moral work was published in 1600. -Lord Bacon is said not to have entered on his great work until his -retirement from public office in 1621. Where sciences are to be arranged -in accommodation to the schools of an university, they will be grouped -to coincide with the kindred qualifications of Professors in ordinary. -For a library, which was my object, their divisions and subdivisions will -be made such as to throw convenient masses of books under each separate -head. Thus, in the library of a physician, the books of that science, -of which he has many, will be subdivided under many heads; and these -of law, of which he has few, will be placed under a single one. The -lawyer, again, will distribute his law books under many subdivisions, -his medical under a single one. Your idea of making the subject matter -of the sciences the basis of their distribution, is certainly more -reasonable than that of the faculties to which they are addressed. The -materialists will perhaps criticize a basis, one-half of which they will -say is a non-existence; adhering to the axiom of Aristotle, "_nihil est -in intellectu quod prius non fuerit in sensu_," and affirming that we -can have no evidence of any existence which impresses no sense. Of this -opinion were most of the ancient philosophers, and several of the early -and orthodox fathers of the christian church. Indeed, Jesus himself, the -founder of our religion, was unquestionably a materialist as to man. In -all his doctrines of the resurrection, he teaches expressly that the body -is to rise in substance. In the Apostles' Creed, we all declare that we -believe in the "resurrection of the body." Jesus said that God is spirit -[πνευμα] without defining it. Tertullian supplies the definition, "_quis -negabit Deum esse corpus, etsi Deus Spiritus? spiritus etiam corporis sui -generis in suâ effigie_." And Origen, "ασωματον _accipi, docet, pro eo -quod non est simile huic nostro crassiori et visibli corpori, sed quod -est naturaliter subtile et velut aura tenue_." The modern philosophers -mostly consider thought as a function of our material organization; and -Locke particularly among them, charges with blasphemy those who deny that -Omnipotence could give the faculty of thinking to certain combinations -of matter. - -Were I to re-compose my tabular view of the sciences, I should certainly -transpose a particular branch. The naturalists, you know, distribute -the history of nature into three kingdoms or departments: zoology, -botany, mineralogy. Ideology or mind, however, occupies so much space -in the field of science, that we might perhaps erect it into a fourth -kingdom or department. But, inasmuch as it makes a part of the animal -construction only, it would be more proper to subdivide zoology into -physical and moral. The latter including ideology, ethics, and mental -science generally, in my catalogue, considering ethics, as well as -religion, as supplements to law in the government of man, I had placed -them in that sequence. But certainly the faculty of thought belongs to -animal history, is an important portion of it and should there find its -place. But these are speculations in which I do not now permit myself -to labor. My mind unwillingly engages in severe investigations. Its -energies, indeed, are no longer equal to them. Being to thank you for -your hook, its subject has run away with me into a labyrinth of ideas -no longer familiar, and writing also has become a slow and irksome -operation with me. I have been obliged to avail myself of the pen of a -granddaughter for this communication. I will here, therefore, close my -task of thinking, hers of writing, and yours of reading, with assurances -of my constant and high respect and esteem. - - -TO MR. EDWARD EVERETT. - - MONTICELLO, March 27, 1824. - -DEAR SIR,--I have to thank you for your Greek reader, which, for the -use of schools, is evidently preferable to the Collectanea Græca. These -have not arranged their selections so well in gradation from the easier -to the more difficult styles. - -On the subject of the Greek ablative, I dare say that your historical -explanation is the true one. In the early stages of languages, the -distinctions of cases may well be supposed so few as to be readily -effected by changes of termination. The Greeks, in this way, seem to have -formed five, the Latins six, and to have supplied their deficiencies -as they occurred in the progress of development, by prepositive words. -In later times, the Italians, Spaniards, and French, have depended on -prepositions altogether, without any inflection of the primitive word to -denote the change of case. What is singular as to the English is, that -in its early form of Anglo-Saxon, having distinguished several cases by -changes of termination, at later periods it has dropped these, retains but -that of the genitive, and supplies all the others by prepositions. These -subjects, with me, are neither favorites nor familiar; and your letter -has occasioned me to look more into the particular one in question than I -had ever done before. Turning, for satisfaction, to the work of Tracy, the -most profound of our ideological writers, and to the volume particularly -which treats of grammar, I find what I suppose to be the correct doctrine -of the case. Omitting unnecessary words to abridge writing, I copy what -he says: "Il y a des langues qui par certains changemens de desinence, -appellés _cas_, indiquent quelquesuns des rapports des noms avec d'autres -noms; mais beaucoup de langues n'ont point de cas; et celles qui en ont, -n'en ont qu'un petit nombre, tandis que les divers rapports qu'une idée -peut avoir avec une autre sont extrêmement multipliés: ainsi, les cas -ne peuvent exprimer qu'en general, les principaux de ces rapports. Aussi -dans toutes les langues, meme dans celles qui out des _cas_, on a senti -le besoin de mots distincts, separés des autres, et expressement destinés -à cet usage; ils ce qu'on appelle des prepositions." 2 Tracy Elemens -d'Ideologie, c. 3, § 5, p. 114, and he names the Basque and Peruvian -languages, whose nouns have such various changes of termination as to -express all the relations which other languages express by prepositions, -and therefore having no prepositions. On this ground, I suppose, then, -we may rest the question of the Greek ablative. It leaves with me a -single difficulty only, to-wit: the instances where they have given the -ablative signification to the dative termination, some of which I quoted -in my former letter to you. - -I have just received a letter from Coray, at Paris, of the 28th December, -in which he confirms the late naval success of the Greeks, but expresses -a melancholy fear for his nation, "qui a montré jusqu'á ce moment des -prodiges de valeur, mais qui, delivrée d'un joug de Cannibass, ne peut -encore posseder ni les leçons d'instruction, ni celles de l'expérience." -I confess I have the same fears for our South American brethren; the -qualifications for self-government in society are not innate. They are -the result of habit and long training, and for these they will require -time and probably much suffering. - -I salute you with assurances of great esteem and respect. - - -TO EDWARD LIVINGSTON. - - MONTICELLO, April 4, 1824. - -DEAR SIR,--It was with great pleasure I learned that the good people -of New Orleans had restored you again to the councils of our country. I -did not doubt the aid it would bring to the remains of our old school in -Congress, in which your early labors had been so useful. You will find, -I suppose, on revisiting our maritime States, the names of things more -changed than the things themselves; that though our old opponents have -given up their appellation, they have not, in assuming ours, abandoned -their views, and that they are as strong nearly as they ever were. These -cares, however, are no longer mine. I resign myself cheerfully to the -managers of the ship, and the more contentedly, as I am near the end -of my voyage. I have learned to be less confident in the conclusions of -human reason, and give more credit to the honesty of contrary opinions. -The radical idea of the character of the constitution of our government, -which I have adopted as a key in cases of doubtful construction, is, -that the whole field of government is divided into two departments, -domestic and foreign, (the States in their mutual relations being of -the latter;) that the former department is reserved exclusively to the -respective States within their own limits, and the latter assigned to -a separate set of functionaries, constituting what may be called the -foreign branch, which, instead of a federal basis, is established as -a distinct government _quoad hoc_, acting as the domestic branch does -on the citizens directly and coercively; that these departments have -distinct directories, co-ordinate, and equally independent and supreme, -each within its own sphere of action. Whenever a doubt arises to which -of these branches a power belongs, I try it by this test. I recollect -no case where a question simply between citizens of the same State, has -been transferred to the foreign department, except that of inhibiting -tenders but of metallic money, and _ex post facto_ legislation. The -causes of these singularities are well remembered. - -I thank you for the copy of your speech on the question of national -improvement, which I have read with great pleasure, and recognize in it -those powers of reasoning and persuasion of which I had formerly seen -from you so many proofs. Yet, in candor, I must say it has not removed, -in my mind, all the difficulties of the question. And I should really be -alarmed at a difference of opinion with you, and suspicious of my own, -were it not that I have, as companions in sentiments, the Madisons, the -Monroes, the Randolphs, the Macons, all good men and true, of primitive -principles. In one sentiment of the speech I particularly concur. "If we -have a doubt relative to any power, we ought not to exercise it." When -we consider the extensive and deep-seated opposition to this assumption, -the conviction entertained by so many, that this deduction of powers by -elaborate construction prostrates the rights reserved to the States, the -difficulties with which it will rub along in the course of its exercise; -that changes of majorities will be changing the system backwards and -forwards, so that no undertaking under it will be safe; that there is -not a State in the Union which would not give the power willingly, by -way of amendment, with some little guard, perhaps, against abuse; I -cannot but think it would be the wisest course to ask an express grant -of the power. A government held together by the bands of reason only, -requires much compromise of opinion; that things even salutary should -not be crammed down the throats of dissenting brethren, especially when -they may be put into a form to be willingly swallowed, and that a great -deal of indulgence is necessary to strengthen habits of harmony and -fraternity. In such a case, it seems to me it would be safer and wiser -to ask an express grant of the power. This would render its exercise -smooth and acceptable to all, and insure to it all the facilities which -the States could contribute, to prevent that kind of abuse which all -will fear, because all know it is so much practised in public bodies, I -mean the bartering of votes. It would reconcile every one, if limited -by the proviso, that the federal proportion of each State should be -expended within the State. With this single security against partiality -and corrupt bargaining, I suppose there is not a State, perhaps not a -man in the Union, who would not consent to add this to the powers of the -general government. But age has weaned me from questions of this kind. -My delight is now in the passive occupation of reading; and it is with -great reluctance I permit my mind ever to encounter subjects of difficult -investigation. You have many years yet to come of vigorous activity, and -I confidently trust they will be employed in cherishing every measure -which may foster our brotherly union, and perpetuate a constitution of -government destined to be the primitive and precious model of what is -to change the condition of man over the globe. With this confidence, -equally strong in your powers and purposes, I pray you to accept the -assurance of my cordial esteem and respect. - - -TO JOHN HAMPDEN PLEASANTS. - - MONTICELLO, April 19, 1824. - -DEAR SIR,--I received in due time your favor of the 12th, requesting -my opinion on the proposition to call a convention for amending the -constitution of the State. That this should not be perfect cannot be -a subject of wonder, when it is considered that ours was not only the -first of the American States, but the first nation in the world, at -least within the records of history, which peaceably by its wise men, -formed on free deliberation, a constitution of government for itself, and -deposited it in writing, among their archives, always ready and open to -the appeal of every citizen. The other States, who successively formed -constitutions for themselves also, had the benefit of our outline, and -have made on it, doubtless, successive improvements. One in the very -outset, and which has been adopted in every subsequent constitution, was -to lay its foundation in the authority of the nation. To our convention -no special authority had been delegated by the people to form a permanent -constitution, over which their successors in legislation should have no -powers of alteration. They had been elected for the ordinary purposes of -legislation only, and at a time when the establishment of a new government -had not been proposed or contemplated. Although, therefore, they gave -to this act the title of a constitution, yet it could be no more than -an act of legislation subject, as their other acts were, to alteration -by their successors. It has been said, indeed, that the acquiescence of -the people supplied the want of original power. But it is a dangerous -lesson to say to them "whenever your functionaries exercise unlawful -authority over you, if you do not go into actual resistance, it will be -deemed acquiescence and confirmation." How long had we acquiesced under -usurpations of the British parliament? Had that confirmed them in right, -and made our revolution a wrong? Besides, no authority has yet decided -whether this resistance must be instantaneous; when the right to resist -ceases, or whether it has yet ceased? Of the twenty-four States now -organized, twenty-three have disapproved our doctrine and example, and -have deemed the authority of their people a necessary foundation for a -constitution. - -Another defect which has been corrected by most of the States is, that -the basis of our constitution is in opposition to the principle of equal -political rights, refusing to all but freeholders any participation in -the natural right of self-government. It is believed, for example, that a -very great majority of the militia, on whom the burthen of military duty -was imposed in the late war, were men unrepresented in the legislation -which imposed this burthen on them. However nature may by mental or -physical disqualifications have marked infants and the weaker sex for -the protection, rather than the direction of government, yet among the -men who either pay or fight for their country, no line of right can -be drawn. The exclusion of a majority of our freemen from the right of -representation is merely arbitrary, and an usurpation of the minority -over the majority; for it is believed that the non-freeholders compose -the majority of our free and adult male citizens. - -And even among our citizens who participate in the representative -privilege, the equality of political rights is entirely prostrated by our -constitution. Upon which principle of right or reason can any one justify -the giving to every citizen of Warwick as much weight in the government -as to twenty-two equal citizens in Loudon, and similar inequalities among -the other counties? If these fundamental principles are of no importance -in actual government, then no principles are important, and it is as -well to rely on the dispositions of an administration; good or evil, as -on the provisions of a constitution. - -I shall not enter into the details of smaller defects, although others -there doubtless are, the reformation of some of which might very much -lessen the expenses of government, improve its organization, and add -to the wisdom and purity of its administration in all its parts; but -these things I leave to others, not permitting myself to take sides -in the political questions of the day. I willingly acquiesce in the -institutions of my country, perfect or imperfect; and think it a duty -to leave their modifications to those who are to live under them, and -are to participate of the good or evil they may produce. The present -generation has the same right of self-government which the past one has -exercised for itself. And those in the full vigor of body and mind are -more able to judge for themselves than those who are sinking under the -wane of both. If the sense of our citizens on the question of a convention -can be fairly and fully taken, its result will, I am sure, be wise and -salutary; and far from arrogating the office of advice, no one will -more passively acquiesce in it than myself. Retiring, therefore, to the -tranquillity called for by increasing years and debility, I wish not to -be understood as intermeddling in this question; and to my prayers for -the general good, I have only to add assurances to yourself of my great -esteem. - - -TO MR. DAVID HARDING, PRESIDENT OF THE JEFFERSON DEBATING SOCIETY OF -HINGHAM. - - MONTICELLO, April 20, 1824. - -SIR.--I have duly received your favor of the 6th instant, informing -me of the institution of a debating society in Hingham, composed of -adherents to the republican principles of the revolution; and I am justly -sensible of the honor done my name by associating it with the title of -the society. The object of the society is laudable, and in a republican -nation, whose citizens are to be led by reason and persuasion, and not -by force, the art of reasoning becomes of first importance. In this -line, antiquity has left us the finest models for imitation; and he -who studies and imitates them most nearly, will nearest approach the -perfection of the art. Among these I should consider the speeches of -Livy, Sallust, and Tacitus, as pre-eminent specimens of logic, taste, -and that sententious brevity which, using not a word to spare, leaves -not a moment for inattention to the hearer. Amplification is the vice -of modern oratory. It is an insult to an assembly of reasonable men, -disgusting and revolting instead of persuading. Speeches measured by -the hour, die with the hour. I will not, however, further indulge the -disposition of the age to sermonize, and especially to those surrounded by -so much better advice. With my apologies, therefore, for hazarding even -these observations, and my prayers for the success of your institution, -be pleased to accept for the society and yourself the assurances of my -high consideration. - - -TO RICHARD RUSH. - - MONTICELLO, April 26, 1824. - -DEAR SIR,--I have heretofore informed you that our legislature had -undertaken the establishment of an University in Virginia; that it was -placed in my neighborhood, and under the direction of a board of seven -visitors, of whom I am one, Mr. Madison another, and others equally -worthy of confidence. We have been four or five years engaged in erecting -our buildings, all of which are now ready to receive their tenants, one -excepted, which the present season will put into a state for use. The last -session of our legislature had by new donations liberated the revenue of -fifteen M. D. a year, with which they had before endowed the institution, -and we propose to open it the beginning of the next year. We require the -intervening time for seeking out and engaging Professors. As to these we -have determined to receive no one who is not of the first order of science -in his line; and as such in every branch cannot be obtained with us, we -propose to seek some of them at least in the countries ahead of us in -science, and preferably in Great Britain, the land of our own language, -habits and manners. But how to find out those who are of the first grade -of science, of sober correct habits and morals, harmonizing tempers, -talents for communication, is the difficulty. Our first step is to send -a special agent to the Universities of Oxford, Cambridge and Edinburgh, -to make the selection for us; and the person appointed for this office -is the gentleman who will hand you this letter,--Mr. Francis Walker -Gilmer,--the best-educated subject we have raised since the revolution, -highly qualified in all the important branches of science, professing -particularly that of the law, which he has practised some years at our -Supreme Court with good success and flattering prospects. His morals, his -amiable temper and discretion, will do justice to any confidence you may -be willing to place in him, for I commit him to you as his mentor and -guide in the business he goes on. We do not certainly expect to obtain -such known characters as were the Cullens, the Robertsons and Porsons of -Great Britain, men of the first eminence established there in reputation -and office, and with emoluments not to be bettered anywhere. But we know -that there is another race treading on their heels, preparing to take -their places, and as well and sometimes better qualified to fill them. -These while unsettled, surrounded by a crowd of competitors, of equal -claims and perhaps superior credit and interest, may prefer a comfortable -certainty here for an uncertain hope there, and a lingering delay even -of that. From this description we expect we may draw professors equal -to those of the highest name. The difficulty is to distinguish them; -for we are told that so overcharged are all branches of business in -that country, and such the difficulty of getting the means of living, -that it is deemed allowable in ethics for even the most honorable minds -to give highly exaggerated recommendations and certificates to enable -a friend or protegé to get into a livelihood; and that the moment our -agent should be known to be on such a mission, he would be overwhelmed -by applications from numerous pretenders, all of whom, worthy or -unworthy, would be supported by such recommendations and such names as -would confound all discrimination. On this head our trust and hope is in -you. Your knowledge of the state of things, your means of finding out a -character or two at each place, truly trustworthy, and into whose hands -you can commit our agent with entire safety, for information, caution -and co-operation, induces me to request your patronage and aid in our -endeavors to obtain such men, and such only as will fulfil our views. -An unlucky selection in the outset would forever blast our prospects. -From our information of the character of the different Universities, we -expect we should go to Oxford for our classical professor, to Cambridge -for those of Mathematics, Natural Philosophy and Natural History, and to -Edinburgh for a professor of Anatomy, and the elements or outlines only of -Medicine. We have still our eye on Mr. Blaetterman for the professorship -of modern languages, and Mr. Gilmer is instructed to engage him, if no -very material objection to him may have arisen unknown to us. We can -place in Mr. Gilmer's hands but a moderate sum at present for merely -text books to begin with, and for indispensable articles of apparatus, -Mathematical, Astronomical, Physical, Chemical and Anatomical. We are in -the hope of a sum of $50,000, as soon as we can get a settlement passed -through the public offices. My experience in dealing with the bookseller -Lackington, on your recommendation, has induced me to recommend him -to Mr. Gilmer, and if we can engage his fidelity, we may put into his -hands the larger supply of books when we are ready to call for it, and -particularly what we shall propose to seek in England. - -Although I have troubled you with many particulars, I yet leave abundance -for verbal explanation with Mr. Gilmer, who possesses a full knowledge -of everything, and our full confidence in everything. He takes with him -plans of our establishment, which we think it may be encouraging to show -to the persons to whom he will make propositions, as well to let them see -the comforts provided for themselves, as to show by the extensiveness -and expense of the scale, that it is no ephemeral thing to which they -are invited. - -With my earnest solicitations that you will give us all your aid in an -undertaking on which we rest the hopes and happiness of our country, -accept the assurances of my sincere friendship, attachment and respect. - - -TO JOSEPH C. CABELL. - - MONTICELLO, May 16, 1824. - -DEAR SIR,--Your favor of the 5th, from Williamsburg, has been duly -received, and presents to us a case of pregnant character, admitting -important issues, and requiring serious consideration and conduct; yet -I am more inclined to view it with hope than dismay. It involves two -questions. First. Shall the college of William and Mary be removed? -Second. To what place? As to the first, I never doubted the lawful -authority of the legislature over the college, as being a public -institution and endowed from the public property, by public agents for -that function, and for public purposes. Some have doubted this authority -without a relinquishment of what they call a vested right by the body -corporate. But as their voluntary relinquishment is a circumstance of the -case, it is relieved from that doubt. I certainly never wished that my -venerable _alma mater_ should be disturbed. I considered it as an actual -possession of that ancient and earliest settlement of our forefathers, -and was disposed to see it yielded as a courtesy, rather than taken as a -right. They, however, are free to renounce a benefit, and we to receive -it. Had we dissolved it on the principle of right, to give a direction -to its funds more useful to the public, the professors, although their -chartered tenure is during pleasure only, might have reasonably expected -a vale of a year or two's salary, as an intermediate support, until they -could find other employment for their talents. And notwithstanding that -their abandonment is voluntary, this should still be given them. On this -first question I think we should be absolutely silent and passive, taking -no part in it until the old institution is loosened from its foundation -and fairly placed on its wheels. - -2. On the second question, to what place shall it be moved? we may take -the field boldly. Richmond, it seems, claims it, but on what ground of -advantage to the public? When the professors, their charter and funds -shall be translated to Richmond, will they become more enlightened there -than at the old place? Will they possess more science? be more capable -of communicating it? or more competent to raise it from the dead, in -a new sect, than to keep it alive in the ancient one? Or has Richmond -any peculiarities more favorable for the communication of the sciences -generally than the place which the legislature has preferred and fixed on -for that purpose? This will not be pretended. But it seems they possess -advantages for a medical school. Let us scan them. Anatomy may be as -competently taught at the University as at Richmond, the only subjects -of discretion which either place can count on are equally acquirable -at both. And as to medicine, whatever can be learned from lectures -or books, may be taught at the University of Virginia as well as at -Richmond, or even at Baltimore, Philadelphia, New York, or Boston, with -the inestimable additional advantage of acquiring, at the same time, the -kindred sciences by attending the other schools. But Richmond thinks it -can have a hospital which will furnish subjects for the clinical branch of -medicine. The classes of people which furnish subjects for the hospitals -of Baltimore, Philadelphia, New York and Boston, do not exist at Richmond. -The shipping constantly present at those places, furnish many patients. -Is there a ship at Richmond? The class of white servants in those cities -which is numerous and penniless, and whose regular resource in sickness -is always the hospital, constitutes the great body of their patients; -this class does not exist at Richmond. The servants there are slaves, -whose masters are by law obliged to take care of them in sickness as in -health, and who could not be admitted into a hospital. These resources, -then, being null, the free inhabitants alone remain for a hospital at -Richmond. And I will ask how many families in Richmond would send their -husbands, wives, or children to a hospital, in sickness, to be attended by -nurses hardened by habit against the feelings of pity, to lie in public -rooms harassed by the cries and sufferings of disease under every form, -alarmed by the groans of the dying, exposed as a corpse to be lectured -over by a clinical professor, to be crowded and handled by his students -to hear their case learnedly explained to them, its threatening symptoms -developed, and its probable termination foreboded? In vindication of -Richmond, I may surely answer that there is not in the place a family -so heartless, as, relinquishing their own tender cares of a child or -parent, to abandon them in sickness to this last resource of poverty; -for it is poverty alone which peoples hospitals, and those alone who -are on the charities of their parish would go to their hospital. Have -they paupers enough to fill a hospital? and sickness enough among these? -One reason alleged for the removal of the college to Richmond is that -Williamsburg is sickly, is happily little apt for the situation of a -hospital. No Sir; Richmond is no place to furnish subjects for clinical -lectures. I have always had Norfolk in view for this purpose. The climate -and pontine country around Norfolk render it truly sickly in itself. -It is, moreover, the rendezvous not only of the shipping of commerce, -but of the vessels of the public navy. The United States have there -a hospital already established, and supplied with subjects from these -local circumstances. I had thought and have mentioned to yourself and -our colleagues, that when our medical school has got well under way, -we should propose to the federal government the association with that -establishment, and at our own expense, of the clinical branch of our -medical school, so that our students, after qualifying themselves with -the other branches of the science here, might complete their course of -preparation by attending clinical lectures for six or twelve months at -Norfolk. - -But Richmond has another claim, _as being the seat of government_. The -indisposition of Richmond towards our University has not been unfelt. -But would it not be wiser in them to rest satisfied with the government -and their local academy? Can they afford, on the question of a change of -the seat of government, by hostilizing the middle counties, to transfer -them from the eastern to the western interest? To make it their interest -to withdraw from the former that ground of claim, if used for adversary -purposes? With things as they are, let both parties remain content and -united. - -If, then, William and Mary is to be removed, and not to Richmond, can -there be two opinions how its funds are to be directed to the best -advantage for the public? When it was found that that seminary was -entirely ineffectual towards the object of public education, and that one -on a better plan, and in a better situation, must be provided, what was -so obvious as to employ for that purpose the funds of the one abandoned, -with what more would be necessary, to raise the new establishment? -And what so obvious as to do now what might reasonably have been done -then, by consolidating together the institutions and their funds? The -plan sanctioned by the legislature required for our University ten -professors, but the funds appropriated will maintain but eight, and -some of these are consequently over-burthened with duties; the hundred -thousand dollars of principal which you say still remains to William -and Mary, by its interest of six thousand dollars, would give us the two -deficient professors, with an annual surplus for the purchase of books; -and certainly the legislature will see no public interest, after the -expense incurred on the new establishment, in setting up a rival in the -city of Richmond; they cannot think it better to have two institutions -crippling one another, than one of healthy powers, competent to that -highest grade of instruction which neither, with a divided support, -could expect to attain. - -Another argument may eventually arise in favor of consolidation. The -contingent gift at the late session, of fifty thousand dollars, for books -and apparatus, shows a sense in the legislature that those objects are -still to be provided. If we fail in obtaining that sum, they will feel -an incumbency to provide it otherwise. What so ready as the derelict -capital of William and Mary, and the large library they uselessly -possess? Should that college then be removed, I cannot doubt that the -legislature, keeping in view its original object, will consolidate it -with the University. - -But it will not be removed. Richmond is doubtless in earnest, but that the -visitors should concur is impossible. The professors are the prime-movers, -and do not mean exactly what they propose. They hold up this raw-head -and bloody-bones _in terrorem_ to us, to force us to receive them into -our institution. Men who have degraded and foundered the vessel whose -helm was entrusted to them, want now to force their incompetence on us. -I know none of them personally, but judge of them from the fact and the -opinion I hear from every one acquainted with the case, that it has been -destroyed by their incompetence and mis-management. Until the death of -Bishop Madison, it kept at its usual stand of about eighty students. It -is now dwindled to about twenty, and the professors acknowledge that on -opening our doors, theirs may be shut. Their funds in that case, would -certainly be acceptable and salutary to us. But not with the incubus of -their faculty. When they find that their feint gives us no alarm, they -will retract, will recall their grammar school, make their college useful -as a sectional school of preparation for the University, and teach the -languages, surveying, navigation, plane trigonometry, and such other -elements of science as will be useful to many whose views do not call -for a university education. - -I will only add to this long letter an opinion that we had better say -as little as we can on this whole subject; give them no alarm; let them -petition for the removal; let them get the old structure completely on -wheels, and not till then put in our claim to its reception. I shall -communicate your letter, as you request, to Mr. Madison, and with it -this answer. Why can you not call on us on your way to Warminster, and -make this a subject of conversation? With my devoted respects to Mrs. -Cabell, assure her that she can be nowhere more cordially received than -by the family of Monticello. And the deviation from your direct road is -too small to merit consideration. Ever and affectionately your friend -and servant. - - -TO MAJOR JOHN CARTWRIGHT. - - MONTICELLO, June 5, 1824. - -DEAR AND VENERABLE SIR,--I am much indebted for your kind letter -of February the 29th, and for your valuable volume on the English -constitution. I have read this with pleasure and much approbation, and -think it has deduced the constitution of the English nation from its -rightful root, the Anglo-Saxon. It is really wonderful, that so many able -and learned men should have failed in their attempts to define it with -correctness. No wonder then, that Paine, who thought more than he read, -should have credited the great authorities who have declared, that the -will of parliament is the constitution of England. So Marbois, before -the French revolution, observed to me, that the Almanac Royal was the -constitution of France. Your derivation of it from the Anglo-Saxons, -seems to be made on legitimate principles. Having driven out the former -inhabitants of that part of the island called England, they became -aborigines as to you, and your lineal ancestors. They doubtless had a -constitution; and although they have not left it in a written formula, -to the precise text of which you may always appeal, yet they have left -fragments of their history and laws, from which it may be inferred -with considerable certainty. Whatever their history and laws show to -have been practised with approbation, we may presume was permitted by -their constitution; whatever was not so practiced, was not permitted. -And although this constitution was violated and set at naught by Norman -force, yet force cannot change right. A perpetual claim was kept up by the -nation, by their perpetual demand of a restoration of their Saxon laws, -which shows they were never relinquished by the will of the nation. In -the pullings and haulings for these ancient rights, between the nation, -and its kings of the races of Plantagenets, Tudors and Stuarts, there -was sometimes gain, and sometimes loss, until the final re-conquest of -their rights from the Stuarts. The destitution and expulsion of this -race broke the thread of pretended inheritance, extinguished all regal -usurpations, and the nation re-entered into all its rights; and although -in their bill of rights they specifically reclaimed some only, yet the -omission of the others was no renunciation of the right to assume their -exercise also, whenever occasion should occur. The new King received -no rights or powers, but those expressly granted to him. It has ever -appeared to me, that the difference between the whig and the tory of -England is, that the whig deduces his rights from the Anglo-Saxon source, -and the tory from the Norman. And Hume, the great apostle of toryism, -says, in so many words, note AA to chapter 42, that, in the reign of -the Stuarts, "it was the people who encroached upon the sovereign, not -the sovereign who attempted, as is pretended, to usurp upon the people." -This supposes the Norman usurpations to be rights in his successors. And -again, C, 159, "the commons established a principle, which is noble in -itself, and seems specious, but is belied by all history and experience, -_that the people are the origin of all just power_." And where else will -this degenerate son of science, this traitor to his fellow men, find the -origin of _just_ powers, if not in the majority of the society? Will it -be in the minority? Or in an individual of that minority? - -Our Revolution commenced on more favorable ground. It presented us -an album on which we were free to write what we pleased. We had no -occasion to search into musty records, to hunt up royal parchments, or -to investigate the laws and institutions of a semi-barbarous ancestry. -We appealed to those of nature, and found them engraved on our hearts. -Yet we did not avail ourselves of all the advantages of our position. -We had never been permitted to exercise self-government. When forced to -assume it, we were novices in its science. Its principles and forms had -entered little into our former education. We established however some, -although not all its important principles. The constitutions of most of -our States assert, that all power is inherent in the people; that they -may exercise it by themselves, in all cases to which they think themselves -competent, (as in electing their functionaries executive and legislative, -and deciding by a jury of themselves, in all judiciary cases in which any -fact is involved,) or they may act by representatives, freely and equally -chosen; that it is their right and duty to be at all times armed; that -they are entitled to freedom of person, freedom of religion, freedom of -property, and freedom of the press. In the structure of our legislatures, -we think experience has proved the benefit of subjecting questions to -two separate bodies of deliberants; but in constituting these, natural -right has been mistaken, some making one of these bodies, and some both, -the representatives of property instead of persons; whereas the double -deliberation might be as well obtained without any violation of true -principle, either by requiring a greater age in one of the bodies, or by -electing a proper number of representatives of persons, dividing them by -lots into two chambers, and renewing the division at frequent intervals, -in order to break up all cabals. Virginia, of which I am myself a native -and resident, was not only the first of the States, but, I believe I may -say, the first of the nations of the earth, which assembled its wise men -peaceably together to form a fundamental constitution, to commit it to -writing, and place it among their archives, where every one should be -free to appeal to its text. But this act was very imperfect. The other -States, as they proceeded successively to the same work, made successive -improvements; and several of them, still further corrected by experience, -have, by conventions, still further amended their first forms. My own -State has gone on so far with its _premiere ebauche_; but it is now -proposing to call a convention for amendment. Among other improvements, -I hope they will adopt the subdivision of our counties into wards. -The former may be estimated at an average of twenty-four miles square; -the latter should be about six miles square each, and would answer to -the hundreds of your Saxon Alfred. In each of these might be, 1st. An -elementary school; 2d. A company of militia, with its officers; 3d. A -justice of the peace and constable; 4th. Each ward should take care of -their own poor; 5th. Their own roads; 6th. Their own police; 7th. Elect -within themselves one or more jurors to attend the courts of justice; -and 8th. Give in at their Folk-house, their votes for all functionaries -reserved to their election. Each ward would thus be a small republic -within itself, and every man in the State would thus become an acting -member of the common government, transacting in person a great portion of -its rights and duties, subordinate indeed, yet important, and entirely -within his competence. The wit of man cannot devise a more solid basis -for a free, durable and well-administered republic. - -With respect to our State and federal governments, I do not think their -relations correctly understood by foreigners. They generally suppose -the former subordinate to the latter. But this is not the case. They are -co-ordinate departments of one simple and integral whole. To the State -governments are reserved all legislation and administration, in affairs -which concern their own citizens only, and to the federal government -is given whatever concerns foreigners, or the citizens of other States; -these functions alone being made federal. The one is the domestic, the -other the foreign branch of the same government; neither having control -over the other, but within its own department. There are one or two -exceptions only to this partition of power. But, you may ask, if the -two departments should claim each the same subject of power, where is -the common umpire to decide ultimately between them? In cases of little -importance or urgency, the prudence of both parties will keep them -aloof from the questionable ground; but if it can neither be avoided nor -compromised, a convention of the States must be called, to ascribe the -doubtful power to that department which they may think best. You will -perceive by these details, that we have not yet so far perfected our -constitutions as to venture to make them unchangeable. But still, in -their present state, we consider them not otherwise changeable than by -the authority of the people, on a special election of representatives -for that purpose expressly: they are until then the _lex legum_. - -But can they be made unchangeable? Can one generation bind another, and -all others, in succession forever? I think not. The Creator has made the -earth for the living, not the dead. Rights and powers can only belong -to persons, not to things, not to mere matter, unendowed with will. The -dead are not even things. The particles of matter which composed their -bodies, make part now of the bodies of other animals, vegetables, or -minerals, of a thousand forms. To what then are attached the rights and -powers they held while in the form of men? A generation may bind itself -as long as its majority continues in life; when that has disappeared, -another majority is in place, holds all the rights and powers their -predecessors once held, and may change their laws and institutions -to suit themselves. Nothing then is unchangeable but the inherent and -unalienable rights of man. - -I was glad to find in your book a formal contradiction, at length, of -the judiciary usurpation of legislative powers; for such the judges -have usurped in their repeated decisions, that Christianity is a part -of the common law. The proof of the contrary, which you have adduced, -is incontrovertible; to wit, that the common law existed while the -Anglo-Saxons were yet Pagans, at a time when they had never yet heard -the name of Christ pronounced, or knew that such a character had -ever existed. But it may amuse you, to show when, and by what means, -they stole this law in upon us. In a case of _quare impedit_ in the -Year-book 34, II, 6, folio 38, (anno 1458,) a question was made, how -far the ecclesiastical law was to be respected in a common law court? -And Prisot, Chief Justice, gives his opinion in these words: "A tiel -leis qu'ils de seint eglise ont en _ancien scripture_, covient à nous -à donner credence; car ceo common ley sur quels touts manners leis sont -fondés. Et auxy, Sir, nous sumus oblègés de conustre lour ley de saint -eglise; et semblablement ils sont obligés de consustre nostre ley. Et, -Sir, si poit apperer or à nous que l'evesque ad fait come un ordinary -fera en tiel cas, adong nous devons cee adjuger bon, ou auterment nemy," -&c. See S. C. Fitzh. Abr. Qu. imp. 89, Bro. Abr. Qu. imp. 12. Finch in -his first book, c. 3, is the first afterwards who quotes this case and -mistakes it thus: "To such laws of the church as have warrant in _holy -scripture_, our law giveth credence." And cites Prisot; mistranslating -"_ancien scripture_," into "_holy scripture_." Whereas Prisot palpably -says, "to such laws as those of holy church have in _ancient writing_, -it is proper for us to give credence," to wit, to their _ancient written_ -laws. This was in 1613, a century and a half after the dictum of Prisot. -Wingate, in 1658, erects this false translation into a maxim of the common -law, copying the words of Finch, but citing Prisot, Wing. Max. 3. And -Sheppard, title, "Religion," in 1675, copies the same mistranslation, -quoting the Y. B. Finch and Wingate. Hale expresses it in these words: -"Christianity is parcel of the laws of England." 1 Ventr. 293, 3 Keb. -607. But he quotes no authority. By these echoings and re-echoings from -one to another, it had become so established in 1728, that in the case -of the King vs. Woolston, 2 Stra. 834, the court would not suffer it -to be debated, whether to write against Christianity was punishable in -the temporal court at common law? Wood, therefore, 409, ventures still -to vary the phrase, and say, that all blasphemy and profaneness are -offences by the common law; and cites 2 Stra. Then Blackstone, in 1763, -IV. 59, repeats the words of Hale, that "Christianity is part of the laws -of England," citing Ventris and Strange. And finally, Lord Mansfield, -with a little qualification, in Evans' case, in 1767, says, that "the -essential principles of revealed religion are part of the common law." -Thus ingulphing Bible, Testament and all into the common law, without -citing any authority. And thus we find this chain of authorities hanging -link by link, one upon another, and all ultimately on one and the same -hook, and that a mistranslation of the words "_ancien scripture_," used -by Prisot. Finch quotes Prisot; Wingate does the same. Sheppard quotes -Prisot, Finch and Wingate. Hale cites nobody. The court in Woolston's -case, cites Hale. Wood cites Woolston's case. Blackstone quotes Woolston's -case and Hale. And Lord Mansfield, like Hale, ventures it on his own -authority. Here I might defy the best-read lawyer to produce another -scrip of authority for this judiciary forgery; and I might go on further -to show, how some of the Anglo-Saxon priests interpolated into the text -of Alfred's laws, the 20th, 21st, 22d, and 23d chapters of Exodus, and -the 15th of the Acts of the Apostles, from the 23d to the 29th verses. -But this would lead my pen and your patience too far. What a conspiracy -this, between Church and State! Sing Tantarara, rogues all, rogues all, -Sing Tantarara, rogues all! - -I must still add to this long and rambling letter, my acknowledgments -for your good wishes to the University we are now establishing in this -State. There are some novelties in it. Of that of a professorship of -the principles of government, you express your approbation. They will be -founded in the rights of man. That of agriculture, I am sure, you will -approve; and that also of Anglo-Saxon. As the histories and laws left us -in that type and dialect, must be the text books of the reading of the -learners, they will imbibe with the language their free principles of -government. The volumes you have been so kind as to send, shall be placed -in the library of the University. Having at this time in England a person -sent for the purpose of selecting some Professors, a Mr. Gilmer of my -neighborhood, I cannot but recommend him to your patronage, counsel and -guardianship, against imposition, misinformation, and the deceptions of -partial and false recommendations, in the selection of characters. He is -a gentleman of great worth and correctness, my particular friend, well -educated in various branches of science, and worthy of entire confidence. - -Your age of eighty-four and mine of eighty-one years, insure us a speedy -meeting. We may then commune at leisure, and more fully, on the good and -evil which, in the course of our long lives, we have both witnessed; and -in the meantime, I pray you to accept assurances of my high veneration -and esteem for your person and character. - - -TO MARTIN VAN BUREN. - - MONTICELLO, June 29, 1824. - -DEAR SIR,--I have to thank you for Mr. Pickering's elaborate philippic -against Mr. Adams, Gerry, Smith, and myself; and I have delayed the -acknowledgment until I could read it and make some observations on it. - -I could not have believed, that for so many years, and to such a period of -advanced age, he could have nourished passions so vehement and viperous. -It appears, that for thirty-years past, he has been industriously -collecting materials for vituperating the characters he had marked for his -hatred; some of whom, certainly, if enmities towards him had ever existed, -had forgotten them all, or buried them in the grave with themselves. As -to myself, there never had been anything personal between us, nothing but -the general opposition of party sentiment; and our personal intercourse -had been that of urbanity, as himself says. But it seems he has been all -this time brooding over an enmity which I had never felt, and that with -respect to myself, as well as others, he has been writing far and near, -and in every direction, to get hold of original letters, where he could, -copies, where he could not, certificates and journals, catching at every -gossiping story he could hear of in any quarter, supplying by suspicions -what he could find nowhere else, and then arguing on this motley farrago, -as if established on gospel evidence. And while expressing his wonder, -that "at the age of eighty-eight, the strong passions of Mr. Adams should -not have cooled;" that on the contrary, "they had acquired the mastery -of his soul," (p. 100;) that "where these were enlisted, no reliance -could be placed on his statements," (p. 104;) the facility and little -truth with which he could represent facts and occurrences, concerning -persons who were the objects of his hatred, (p. 3;) that "he is capable -of making the grossest misrepresentations, and, from detached facts, -and often from bare suspicions, of drawing unwarrantable inferences, -if suited to his purpose at the instant," (p. 171;) while making such -charges, I say, on Mr. Adams, instead of his "_ecce homo_" (p. 100;) how -justly might we say to him, "_mutato nomine, de te fabula narratur_." For -the assiduity and industry he has employed in his benevolent researches -after matter of crimination against us, I refer to his pages 13, 14, -34, 36, 46, 71, 79, 90, bis. 92, 93, bis. 101, ter. 104, 116, 118, 141, -143, 146, 150, 151, 153, 168, 171, 172. That Mr. Adams' strictures on -him, written and printed, should have excited some notice on his part, -was not perhaps to be wondered at. But the sufficiency of his motive for -the large attack on me may be more questionable. He says, (p. 4) "of Mr. -Jefferson I should have said nothing, but for his letter to Mr. Adams, -of October the 12th, 1823." Now the object of that letter was to soothe -the feelings of a friend, wounded by a publication which I thought an -"outrage on private confidence." Not a word or allusion in it respecting -Mr. Pickering, nor was it suspected that it would draw forth his pen in -justification of this infidelity, which he has, however, undertaken in -the course of his pamphlet, but more particularly in its conclusion. - -He arraigns me on two grounds, my actions and my motives. The very -actions, however, which he arraigns, have been such as the great majority -of my fellow citizens have approved. The approbation of Mr. Pickering, -and of those who thought with him, I had no right to expect. My motives -he chooses to ascribe to hypocrisy, to ambition, and a passion for -popularity. Of these the world must judge between us. It is no office -of his or mine. To that tribunal I have ever submitted my actions and -motives, without ransacking the Union for certificates, letters, journals, -and gossiping tales, to justify myself and weary them. Nor shall I do -this on the present occasion, but leave still to them these antiquated -party diatribes, now newly revamped and paraded, as if they had not been -already a thousand times repeated, refuted, and adjudged against him, -by the nation itself. If no action is to be deemed virtuous for which -malice can imagine a sinister motive, then there never was a virtuous -action; no, not even in the life of our Saviour himself. But he has -taught us to judge the tree by its fruit, and to leave motives to him -who can alone see into them. - -But whilst I leave to its fate the libel of Mr. Pickering, with the -thousands of others like it, to which I have given no other answer than -a steady course of similar action, there are two facts or fancies of his -which I must set to rights. The one respects Mr. Adams, the other myself. -He observes that my letter of October the 12th, 1823, acknowledges the -receipt of one from Mr. Adams, of September the 18th, which, having -been written a few days after Cunningham's publication, he says was -no doubt written to apologize to me for the pointed reproaches he had -uttered against me in his confidential letters to Cunningham. And thus -having "no doubt" of his conjecture, he considers it as proven, goes -on to suppose the contents of the letter, (19, 22,) makes it place Mr. -Adams at my feet suing for pardon, and continues to rant upon it, as an -undoubted fact. Now, I do most solemnly declare, that so far from being -a letter of apology, as Mr. Pickering so undoubtedly assumes, there was -not a word or allusion in it respecting Cunningham's publication. - -The other allegation respecting myself, is equally false. In page 34, -he quotes Doctor Stuart as having, twenty years ago, informed him that -General Washington, "when he became a private citizen," called me to -account for expressions in a letter to Mazzei, requiring, in a tone of -unusual severity, an explanation of that letter. He adds of himself, "in -what manner the latter humbled himself and appeased the just resentment -of Washington, will never be made known, as some time after his death the -correspondence was not to be found, and a diary for an important period of -his presidency was also missing." The diary being of transactions during -his presidency, the letter to Mazzei not known here until some time _after -he became a private citizen_, and the pretended correspondence of course -after that, I know not why this lost diary and supposed correspondence -are brought together here, unless for insinuations worthy of the letter -itself. The correspondence could not be found, indeed, because it had -never existed. I do affirm that there never passed a word, written or -verbal, directly or indirectly, between General Washington and myself -on the subject of that letter. He would never have degraded himself so -far as to take to himself the imputation in that letter on the "Samsons -in combat." The whole story is a fabrication, and I defy the framers -of it, and all mankind, to produce a scrip of a pen between General -Washington and myself on the subject, or any other evidence more worthy -of credit than the suspicions, suppositions and presumptions of the two -persons here quoting and quoted for it. With Doctor Stuart I had not much -acquaintance. I supposed him to be an honest man, knew him to be a very -weak one, and, like Mr. Pickering, very prone to antipathies, boiling -with party passions, and under the dominion of these readily welcoming -fancies for facts. But come the story from whomsoever it might, it is -an unqualified falsehood. - -This letter to Mazzei has been a precious theme of crimination for federal -malice. It was a long letter of business, in which was inserted a single -paragraph only of political information as to the state of our country. -In this information there was not one word which would not then have -been, or would not now be approved by every republican in the United -States, looking back to those times, as you will see by a faithful copy -now enclosed of the whole of what that letter said on the subject of -the United States, or of its government. This paragraph, extracted and -translated, got into a Paris paper at a time when the persons in power -there were laboring under very general disfavor and their friends were -eager to catch even at straws to buoy them up. To them, therefore, I have -always imputed the interpolation of an entire paragraph additional to -mine, which makes me charge my own country with ingratitude and injustice -to France. There was not a word in my letter respecting France, or any -of the proceedings or relations between this country and that. Yet this -interpolated paragraph has been the burthen of federal calumny, has been -constantly quoted by them, made the subject of unceasing and virulent -abuse, and is still quoted, as you see, by Mr. Pickering, page 33, as if -it were genuine, and really written by me. And even Judge Marshall makes -history descend from its dignity, and the ermine from its sanctity, to -exaggerate, to record, and to sanction this forgery. In the very last -note of his book, he says, "a letter from Mr. Jefferson to Mr. Mazzei, -an Italian, was published in Florence, and re-published in the Moniteur, -with very severe strictures on the conduct of the United States." And -instead of the letter itself, he copies what he says are the remarks -of the editor, which are an exaggerated commentary on the fabricated -paragraph itself, and silently leaves to his reader to make the ready -inference that these were the sentiments of the letter. Proof is the duty -of the affirmative side. A negative cannot be positively proved. But, in -defect of impossible proof of what was not in the original letter, I have -its press-copy still in my possession. It has been shown to several, and -is open to any one who wishes to see it. I have presumed only, that the -interpolation was done in Paris. But I never saw the letter in either -its Italian or French dress, and it may have been done here, with the -commentary handed down to posterity by the Judge. The genuine paragraph, -re-translated through Italian and French into English, as it appeared here -in a federal paper, besides the mutilated hue which these translations -and re-translations of it produced generally, gave a mistranslation of a -single word, which entirely perverted its meaning, and made it a pliant -and fertile text of misrepresentation of my political principles. The -original, speaking of an Anglican, monarchical and aristocratical party, -which had sprung up since he had left us, states their object to be -"to draw over us the substance, as they had already done the _forms_ of -the British Government." Now the "_forms_" here meant, were the levees, -birthdays, the pompous cavalcade to the state house on the meeting of -Congress, the formal speech from the throne, the procession of Congress -in a body to re-echo the speech in an answer, &c., &c. But the translator -here, by substituting _form_ in the singular number, for _forms_ in the -plural, made it mean the frame or organization of our government, or its -form of legislative, executive and judiciary authorities, coördinate and -independent; to which _form_ it was to be inferred that I was an enemy. -In this sense they always quoted it, and in this sense Mr. Pickering -still quotes it, pages 34, 35, 38, and countenances the inference. Now -General Washington perfectly understood what I meant by these forms, as -they were frequent subjects of conversation between us. When, on my return -from Europe, I joined the government in March, 1790, at New York, I was -much astonished, indeed, at the mimicry I found established of royal -forms and ceremonies, and more alarmed at the unexpected phenomenon, by -the monarchical sentiments I heard expressed and openly maintained in -every company, and among others by the high members of the government, -executive and judiciary, (General Washington alone excepted,) and by a -great part of the legislature, save only some members who had been of -the old Congress, and a very few of recent introduction. I took occasion, -at various times, of expressing to General Washington my disappointment -at these symptoms of a change of principle, and that I thought them -encouraged by the forms and ceremonies which I found prevailing, not at -all in character with the simplicity of republican government, and looking -as if wishfully to those of European courts. His general explanations -to me were, that when he arrived at New York to enter on the executive -administration of the new government, he observed to those who were -to assist him that placed as he was in an office entirely new to him, -unacquainted with the forms and ceremonies of other governments, still -less apprized of those which might be properly established here, and -himself perfectly indifferent to all forms, he wished them to consider -and prescribe what they should be; and the task was assigned particularly -to General Knox, a man of parade, and to Colonel Humphreys, who had -resided some time at a foreign court. They, he said, were the authors -of the present regulations, and that others were proposed so highly -strained that he absolutely rejected them. Attentive to the difference of -opinion prevailing on this subject, when the term of his second election -arrived, he called the Heads of departments together, observed to them -the situation in which he had been at the commencement of the government, -the advice he had taken and the course he had observed in compliance -with it; that a proper occasion had now arrived of revising that course, -of correcting it in any particulars not approved in experience; and he -desired us to consult together, agree on any changes we should think -for the better, and that he should willingly conform to what we should -advise. We met at my office. Hamilton and myself agreed at once that -there was too much ceremony for the character of our government, and -particularly, that the parade of the installation at New York ought not to -be copied on the present occasion, that the President should desire the -Chief Justice to attend him at his chambers, that he should administer -the oath of office to him in the presence of the higher officers of the -government, and that the certificate of the fact should be delivered to -the Secretary of State to be recorded. Randolph and Knox differed from -us, the latter vehemently; they thought it not advisable to change any of -the established forms, and we authorized Randolph to report our opinions -to the President. As these opinions were divided, and no positive advice -given as to any change, no change was made. Thus the forms which I had -censured in my letter to Mazzei were perfectly understood by General -Washington, and were those which he himself but barely tolerated. He had -furnished me a proper occasion for proposing their reformation, and my -opinion not prevailing, he knew I could not have meant any part of the -censure for him. - -Mr. Pickering quotes, too, (page 34) the expression in the letter, of -"the men who were Samsons in the field, and Solomons in the council, but -who had had their heads shorn by the harlot England;" or, as expressed in -their re-translation, "the men who were Solomons in council, and Samsons -in combat, but whose hair had been cut off by the whore England." Now -this expression also was perfectly understood by General Washington. -He knew that I meant it for the Cincinnati generally, and that from -what had passed between us at the commencement of that institution, I -could not mean to include him. When the first meeting was called for its -establishment, I was a member of the Congress then sitting at Annapolis. -General Washington wrote to me, asking my opinion on that proposition, -and the course, if any, which I thought Congress would observe respecting -it. I wrote him frankly my own disapprobation of it; that I found the -members of Congress generally in the same sentiment; that I thought -they would take no express notice of it, but that in all appointments -of trust, honor, or profit, they would silently pass by all candidates -of that order, and give an uniform preference to others. On his way to -the first meeting in Philadelphia, which I think was in the spring of -1784, he called on me at Annapolis. It was a little after candle-light, -and he sat with me till after midnight, conversing, almost exclusively, -on that subject. While he was feelingly indulgent to the motives which -might induce the officers to promote it, he concurred with me entirely -in condemning it; and when I expressed an idea that if the hereditary -quality were suppressed, the institution might perhaps be indulged during -the lives of the officers now living, and who had actually served; "no," -he said, "not a fibre of it ought to be left, to be an eye-sore to the -public, a ground of dissatisfaction, and a line of separation between -them and their country;" and he left me with a determination to use -all his influence for its entire suppression. On his return from the -meeting he called on me again, and related to me the course the thing -had taken. He said that from the beginning, he had used every endeavor -to prevail on the officers to renounce the project altogether, urging -the many considerations which would render it odious to their fellow -citizens, and disreputable and injurious to themselves; that he had at -length prevailed on most of the old officers to reject it, although with -great and warm opposition from others, and especially the younger ones, -among whom he named Colonel W. S. Smith as particularly intemperate. But -that in this state of things, when he thought the question safe, and the -meeting drawing to a close, Major L'Enfant arrived from France, with a -bundle of eagles, for which he had been sent there, with letters from -the French officers who had served in America, praying for admission -into the order, and a solemn act of their king permitting them to wear -its ensign. This, he said, changed the face of matters at once, produced -an entire revolution of sentiment, and turned the torrent so strongly in -an opposite direction that it could be no longer withstood; all he could -then obtain was a suppression of the hereditary quality. He added, that -it was the French applications, and respect for the approbation of the -king, which saved the establishment in its modified and temporary form. -Disapproving thus of the institution as much as I did, and conscious -that I knew him to do so, he could never suppose that I meant to include -him among the Samsons in the field, whose object was to draw over us -the _form_, as they made the letter say, of the British government, and -especially its aristocratic member, an hereditary house of lords. Add -to this, that the letter saying "that two out of the three branches -of legislature were against us," was an obvious exception of him; it -being well known that the majorities in the two branches of Senate and -Representatives, were the very instruments which carried, in opposition -to the old and real republicans, the measures which were the subjects -of condemnation in this letter. General Washington then, understanding -perfectly what and whom I meant to designate, in both phrases, and that -they could not have any application or view to himself, could find in -neither any cause of offence to himself; and therefore neither needed, nor -ever asked any explanation of them from me. Had it even been otherwise, -they must know very little of General Washington, who should believe to -be within the laws of his character what Doctor Stuart is said to have -imputed to him. Be this, however, as it may, the story is infamously -false in every article of it. My last parting with General Washington -was at the inauguration of Mr. Adams, in March, 1797, and was warmly -affectionate; and I never had any reason to believe any change on his -part, as there certainly was none on mine. But one session of Congress -intervened between that and his death, the year following, in my passage -to and from which, as it happened to be not convenient to call on him, I -never had another opportunity; and as to the cessation of correspondence -observed during that short interval, no particular circumstance occurred -for epistolary communication, and both of us were too much oppressed -with letter-writing, to trouble, either the other, with a letter about -nothing. - -The truth is, that the federalists, pretending to be the exclusive -friends of General Washington, have ever done what they could to sink -his character, by hanging theirs on it, and by representing as the enemy -of republicans him, who, of all men, is best entitled to the appellation -of the father of that republic which they were endeavoring to subvert, -and the republicans to maintain. They cannot deny, because the elections -proclaimed the truth, that the great body of the nation approved the -republican measures. General Washington was himself sincerely a friend -to the republican principles of our constitution. His faith, perhaps, -in its duration, might not have been as confident as mine; but he -repeatedly declared to me, that he was determined it should have a fair -chance for success, and that he would lose the last drop of his blood in -its support, against any attempt which might be made to change it from -its republican form. He made these declarations the oftener, because -he knew my suspicions that Hamilton had other views, and he wished to -quiet my jealousies on this subject. For Hamilton frankly avowed, that -he considered the British constitution, with all the corruptions of its -administration, as the most perfect model of government which had ever -been devised by the wit of man; professing however, at the same time, -that the spirit of this country was so fundamentally republican, that -it would be visionary to think of introducing monarchy here, and that, -therefore, it was the duty of its administrators to conduct it on the -principles their constituents had elected. - -General Washington, after the retirement of his first cabinet, and the -composition of his second, entirely federal, and at the head of which -was Mr. Pickering himself, had no opportunity of hearing both sides of -any question. His measures, consequently, took more the hue of the party -in whose hands he was. These measures were certainly not approved by the -republicans; yet were they not imputed to him, but to the counsellors -around him; and his prudence so far restrained their impassioned course -and bias, that no act of strong mark, during the remainder of his -administration, excited much dissatisfaction. He lived too short a time -after, and too much withdrawn from information, to correct the views -into which he had been deluded; and the continued assiduities of the -party drew him into the vortex of their intemperate career; separated -him still farther from his real friends, and excited him to actions -and expressions of dissatisfaction, which grieved them, but could not -loosen their affections from him. They would not suffer the temporary -aberration to weigh against the immeasurable merits of his life; and -although they tumbled his seducers from their places, they preserved his -memory embalmed in their hearts, with undiminished love and devotion; -and there it forever will remain embalmed, in entire oblivion of every -temporary thing which might cloud the glories of his splendid life. It -is vain, then, for Mr. Pickering and his friends to endeavor to falsify -his character, by representing him as an enemy to republicans and -republican principles, and as exclusively the friend of those who were -so; and had he lived longer, he would have returned to his ancient and -unbiased opinions, would have replaced his confidence in those whom the -people approved and supported, and would have seen that they were only -restoring and acting on the principles of his own first administration. - -I find, my dear Sir, that I have written you a very long letter, or rather -a history. The civility of having sent me a copy of Mr. Pickering's -diatribe, would scarcely justify its address to you. I do not publish -these things, because my rule of life has been never to harass the -public with fendings and provings of personal slanders; and least of -all would I descend into the arena of slander with such a champion as -Mr. Pickering. I have ever trusted to the justice and consideration of -my fellow citizens, and have no reason to repent it, or to change my -course. At this time of life too, tranquillity is the _summum bonum_. -But although I decline all newspaper controversy, yet when falsehoods -have been advanced, within the knowledge of no one so much as myself, -I have sometimes deposited a contradiction in the hands of a friend, -which, if worth preservation, may, when I am no more, nor those whom I -might offend, throw light on history, and recall that into the path of -truth. And if of no other value, the present communication may amuse -you with anecdotes not known to every one. - -I had meant to have added some views on the amalgamation of parties, to -which your favor of the 8th has some allusion; an amalgamation of name, -but not of principle. Tories are tories still, by whatever name they may -be called. But my letter is already too unmercifully long, and I close -it here with assurances of my great esteem and respectful consideration. - - -TO MR. MADISON. - - MONTICELLO, July 14, 1824. - -DEAR SIR,--I have attentively read your letter to Mr. Wheaton on the -question whether, at the date of the message to Congress recommending the -embargo of 1807, we had knowledge of the order of council of November -11th; and according to your request I have resorted to my papers, as -well as my memory, for the testimony these might afford additional to -yours. There is no fact in the course of my life which I recollect more -strongly, than that of my being at the date of the message in possession -of an English newspaper containing a copy of the proclamation. I am -almost certain, too, that it was under the ordinary authentication of the -government; and between November 11th and December 17th, there was time -enough (thirty-five days) to admit the receipt of such a paper, which I -think came to me through a private channel, probably put on board some -vessel about sailing, the moment it appeared. - -Turning to my papers, I find that I had prepared a first draught of a -message in which was this paragraph: "The British regulations had before -reduced us to a direct voyage, to a single port of their enemies, and -it is now believed they will interdict all commerce whatever with them. -A proclamation, too, of that government of----(not officially indeed -communicated to us, yet so given out to the public as to become a rule -of action with them,) seems to have shut the door on all negotiation -with us except as to the single aggression on the Chesapeake." You, -however, suggested a substitute (which I have now before me, written -with a pencil and) which, with some unimportant amendments, I preferred -to my own, and was the one I sent to Congress. It was in these words, -"the _communications_ now made, showing the great and increasing dangers -with which seamen, &c.,----ports of the United States." This shows that -we communicated to them papers of information on the subject; and as it -was our interest, and our duty, to give them the strongest information -we possessed to justify our opinion and their action on it, there can -be no doubt we sent them this identical paper. For what stronger could -we send them? I am the more strengthened in the belief that we did send -it, from the fact, which the newspapers of the day will prove, that in -the reprobations of the measure published in them by its enemies, they -indulged themselves in severe criticisms on our having considered a -newspaper as a proper document to lay before Congress, and a sufficient -foundation for so serious a measure; and considering this as no sufficient -information of the fact, they continued perseveringly to deny that we -had knowledge of the order of council when we recommended the embargo; -admitting, because they could not deny, the existence of the order, -they insisted only on our supposed ignorance of it as furnishing them -a ground of crimination. But I had no idea that this gratuitous charge -was believed by any one at this day. In addition to our testimony, I am -sure Mr. Gallatin, General Dearborne and Mr. Smith, will recollect that -we possessed the newspaper, and acted on a view of the proclamation it -contained. If you think this statement can add anything in corroboration -of yours, make what use you please of it, and accept assurances of my -constant affection and respect. - - -TO MR. LEWIS E. BECK, ALBANY. - -I thank you, Sir, for your pamphlet on the climate of the west, and have -read it with great satisfaction. Although it does not yet establish a -satisfactory theory, it is an additional step towards it. Mine was perhaps -the first attempt, not to form a theory, but to bring together the few -facts then known, and suggest them to public attention. They were written -between forty and fifty years ago, before the close of the revolutionary -war, when the western country was a wilderness, untrodden but by the -foot of the savage or the hunter. It is now flourishing in population -and science, and after a few years more of observation and collection -of facts, they will doubtless furnish a theory of solid foundation. -Years are requisite for this, steady attention to the thermometer, to -the plants growing there, the times of their leafing and flowering, its -animal inhabitants, beasts, birds, reptiles and insects; its prevalent -winds, quantities of rain and snow, temperature of fountains, and other -indexes of climate. We want this indeed for all the States, and the work -should be repeated once or twice in a century, to show the effect of -clearing and culture towards changes of climate. My Notes give a very -imperfect idea of what our climate was, half a century ago, at this -place, which being nearly central to the State may be taken for its -medium. Latterly, after seven years of close and exact observation, I -have prepared an estimate of what it is now, which may some day be added -to the former work; and I hope something like this is doing in the other -States, which, when all shall be brought together, may produce theories -meriting confidence. I trust that yourself will not be inattentive to -this service, and that to that of the present epoch you may be able to -add a second at the distance of another half century. With this wish -accept the assurance of my respectful consideration. - - -TO H. LEE. - - MONTICELLO, August 10, 1824. - -SIR,--I have duly received your favor of the 14th, and with it the -prospectus of a newspaper which it covered. If the style and spirit of -that should be maintained in the paper itself, it will be truly worthy -of the public patronage. As to myself, it is many years since I have -ceased to read but a single paper. I am no longer, therefore, a general -subscriber for any other. Yet, to encourage the hopeful in the outset, -I have sometimes subscribed for the first year on condition of being -discontinued at the end of it, without further warning. I do the same -now with pleasure for yours; and unwilling to have outstanding accounts, -which I am liable to forget, I now enclose the price of the tri-weekly -paper. I am no believer in the amalgamation of parties, nor do I consider -it as either desirable or useful for the public; but only that, like -religious differences, a difference in politics should never be permitted -to enter into social intercourse, or to disturb its friendships, its -charities, or justice. In that form, they are censors of the conduct of -each other, and useful watchmen for the public. Men by their constitutions -are naturally divided into two parties: 1. Those who fear and distrust -the people, and wish to draw all powers from them into the hands of the -higher classes. 2. Those who identify themselves with the people, have -confidence in them, cherish and consider them as the most honest and -safe, although not the most wise depository of the public interests. -In every country these two parties exist, and in every one where they -are free to think, speak, and write, they will declare themselves. Call -them, therefore, liberals and serviles, Jacobins and ultras, whigs and -tories, republicans and federalists, aristocrats and democrats, or by -whatever name you please, they are the same parties still, and pursue -the same object. The last appellation of aristocrats and democrats is the -true one expressing the essence of all. A paper which shall be governed -by the spirit of Mr. Madison's celebrated report, of which you express -in your prospectus so just and high an approbation, cannot be false to -the rights of all classes. The grandfathers of the present generation -of your family I knew well. They were friends and fellow laborers with -me in the same cause and principle. Their descendants cannot follow -better guides. Accept the assurance of my best wishes and respectful -consideration. - - -TO MR. WM. LUDLOW. - - MONTICELLO, September 6, 1824. - -SIR,--The idea which you present in your letter of July 30th, of the -progress of society from its rudest state to that it has now attained, -seems conformable to what may be probably conjectured. Indeed, we have -under our eyes tolerable proofs of it. Let a philosophic observer commence -a journey from the savages of the Rocky Mountains, eastwardly towards our -sea-coast. These he would observe in the earliest stage of association -living under no law but that of nature, subscribing and covering -themselves with the flesh and skins of wild beasts. He would next find -those on our frontiers in the pastoral state, raising domestic animals -to supply the defects of hunting. Then succeed our own semi-barbarous -citizens, the pioneers of the advance of civilization, and so in his -progress he would meet the gradual shades of improving man until he -would reach his, as yet, most improved state in our seaport towns. This, -in fact, is equivalent to a survey, in time, of the progress of man -from the infancy of creation to the present day. I am eighty-one years -of age, born where I now live, in the first range of mountains in the -interior of our country. And I have observed this march of civilization -advancing from the sea coast, passing over us like a cloud of light, -increasing our knowledge and improving our condition, insomuch as that -we are at this time more advanced in civilization here than the seaports -were when I was a boy. And where this progress will stop no one can say. -Barbarism has, in the meantime, been receding before the steady step of -amelioration; and will in time, I trust, disappear from the earth. You -seem to think that this advance has brought on too complicated a state -of society, and that we should gain in happiness by treading back our -steps a little way. I think, myself, that we have more machinery of -government than is necessary, too many parasites living on the labor -of the industrious. I believe it might be much simplified to the relief -of those who maintain it. Your experiment seems to have this in view. A -society of seventy families, the number you name, may very possibly be -governed as a single family, subsisting on their common industry, and -holding all things in common. Some regulators of the family you still -must have, and it remains to be seen at what period of your increasing -population your simple regulations will cease to be sufficient to preserve -order, peace, and justice. The experiment is interesting; I shall not -live to see its issue, but I wish it success equal to your hopes, and -to yourself and society prosperity and happiness. - - -TO GENERAL LA FAYETTE. - - MONTICELLO, October 9, 1824. - -I have duly received, my dear friend and General, your letter of the -1st from Philadelphia, giving us the welcome assurance that you will -visit the neighborhood which, during the march of our enemy near it, was -covered by your shield from his robberies and ravages. In passing the -line of your former march you will experience pleasing recollections of -the good you have done. My neighbors, too, of our academical village, -who well remember their obligations to you, have expressed to you, in -a letter from a committee appointed for that purpose, their hope that -you will accept manifestations of their feelings, simple indeed, but as -cordial as any you will have received. It will be an additional honor -to the University of the State that you will have been its first guest. -Gratify them, then, by this assurance to their committee, if it has not -been done. But what recollections, dear friend, will this call up to -you and me! What a history have we to run over from the evening that -yourself, Mousnier, Bernau, and other patriots settled, in my house -in Paris, the outlines of the constitution you wished! And to trace it -through all the disastrous chapters of Robespierre, Barras, Bonaparte, -and the Bourbons! These things, however, are for our meeting. You mention -the return of Miss Wright to America, accompanied by her sister; but do -not say what her stay is to be, nor what her course. Should it lead her -to a visit of our University, which, in its architecture only, is as yet -an object, herself and her companion will nowhere find a welcome more -hearty than with Mrs. Randolph, and all the inhabitants of Monticello. -This Athenæum of our country, in embryo, is as yet but promise; and not -in a state to recall the recollections of Athens. But everything has its -beginning, its growth, and end; and who knows with what future delicious -morsels of philosophy, and by what future Miss Wright raked from its -ruins, the world may, some day, be gratified and instructed? Your son -George we shall be very happy indeed to see, and to renew in him the -recollections of your very dear family; and the revolutionary merit of -M. le Vasseur has that passport to the esteem of every American, and, to -me, the additional one of having been your friend and co-operator, and -he will, I hope, join you in making head-quarters with us at Monticello. -But all these things _à revoir_, in the meantime we are impatient that -your ceremonies at York should be over, and give you to the embraces of -friendship. - -P. S. Will you come by Mr. Madison's, or let him or me know on what day -he may meet you here, and join us in our greetings? - - -TO MR. RUSH. - - MONTICELLO, October 13, 1824. - -DEAR SIR,--I must again beg the protection of your cover for a letter -to Mr. Gilmer; although a little doubtful whether he may not have left -you. - -You will have seen by our papers the delirium into which our citizens -are thrown by a visit from General La Fayette. He is making a triumphant -progress through the States, from town to town, with acclamations of -welcome, such as no crowned head ever received. It will have a good -effect in favor of the General with the people in Europe, but probably -a different one with their sovereigns. Its effect here, too, will be -salutary as to ourselves, by rallying us together and strengthening the -habit of considering our country as one and indivisible, and I hope we -shall close it with something more solid for him than dinners and balls. -The eclat of this visit has almost merged the Presidential question, -on which nothing scarcely is said in our papers. That question will -lie ultimately between Crawford and Adams; but, at the same time, the -vote of the people will be so distracted by subordinate candidates, -that possibly they may make no election, and let it go to the House of -Representatives. There, it is thought, Crawford's chance is best. We -have nothing else interesting before the public. Of the two questions -of the tariff and public improvements, the former, perhaps, is not yet -at rest, and the latter will excite boisterous discussions. It happens -that both these measures fall in with the western interests, and it is -their secession from the agricultural States which gives such strength to -the manufacturing and consolidating parties, on these two questions. The -latter is the most dreaded, because thought to amount to a determination -in the federal government to assume all powers non-enumerated as well as -enumerated in the constitution, and by giving a loose to construction, -make the text say whatever will relieve them from the bridle of the -States. These are difficulties for your day; I shall give them the slip. -Accept the assurance of my friendly attachment and great respect. - - -TO EDWARD EVERETT. - - MONTICELLO, October 15, 1824. - -DEAR SIR,--I have yet to thank for your Φ. Β. Κ. oration, delivered in -presence of General La Fayette. It is all excellent, much of it sublimely -so, well worthy of its author and his subject, of whom we may truly say, -as was said of Germanicus, "_fruitur famâ sui_." - -Your letter of September the 10th gave me the first information that mine -to Major Cartwright had got into the newspapers; and the first notice, -indeed, that he had received it. I was a stranger to his person, but not -to his respectable and patriotic character. I received from him a long -and interesting letter, and answered it with frankness, going without -reserve into several subjects, to which his letter had led, but on which -I did not suppose I was writing for the newspapers. The publication of -a letter in such a case, without the consent of the writer, is not a -fair practice. - -The part which you quote, may draw on me the host of judges and divines. -They may cavil but cannot refute it. Those who read Prisot's opinion -with a candid view to understand, and not to chicane it, cannot mistake -its meaning. The reports in the Year-books were taken very short. The -opinions of the judges were written down sententiously, as notes or -memoranda, and not with all the development which they probably used -in delivering them. Prisot's opinion, to be fully expressed, should be -thus paraphrased: "To such laws as those of holy church have recorded, -and preserved in their ancient books and writings, it is proper for -us to give credence; for so is, or so says the common law, or law of -the land, on which all manner of other laws rest for their authority, -or are founded; that is to say, the common law, or the law of the land -common to us all, and established by the authority of us all, is that -from which is derived the authority of all other special and subordinate -branches of law, such as the canon law, law merchant, law maritime, law of -Gavelkind, Borough English, corporation laws, local customs and usages, -to all of which the common law requires its judges to permit authority -in the special or local cases belonging to them. The evidence of these -laws is preserved in their ancient treatises, books and writings, in like -manner as our own common law itself is known, the text of its original -enactments having been long lost, and its substance only preserved in -ancient and traditionary writings. And if it appears, from their ancient -books, writings and records, that the bishop, in this case, according -to the rules prescribed by these authorities, has done what an ordinary -would have done in such case, then we should adjudge it good, otherwise -not." To decide this question, they would have to turn to the ancient -writings and records of the canon law, in which they would find evidence -of the laws of advowsons, _quare impedit_, the duties of bishops and -ordinaries, for which terms Prisot could never have meant to refer them -to the Old or New Testament, _les saincts scriptures_, where surely they -would not be found. A license which should permit "_ancien scripture_" -to be translated "holy scripture," annihilates at once all the evidence -of language. With such a license, we might reverse the sixth commandment -into "thou shall not omit murder." It would be the more extraordinary -in this case, where the mistranslation was to effect the adoption of the -whole code of the Jewish and Christian laws into the text of our statutes, -to convert religious offences into temporal crimes, to make the breach -of every religious precept a subject of indictment, submit the question -of idolatry, for example, to the trial of a jury, and to a court, its -punishment, to the third and fourth generation of the offender. Do we -allow to our judges this lumping legislation? - -The term "common law," although it has more than one meaning, is perfectly -definite, _secundum subjectam materiem_. Its most probable origin was on -the conquest of the Heptarchy by Alfred, and the amalgamation of their -several codes of law into one, which became _common_ to them all. The -authentic text of these enactments has not been preserved; but their -substance has been committed to many ancient books and writings, so -faithfully as to have been deemed genuine from generation to generation, -and obeyed as such by all. We have some fragments of them collected by -Lambard, Wilkins and others, but abounding with proofs of their spurious -authenticity. Magna Charta is the earliest statute, the text of which -has come down to us in an authentic form, and thence downward we have -them entire. We do not know exactly when the _common_ law and _statute_ -law, the _lex scripta et non scripta_, began to be contra-distinguished, -so as to give a second acceptation to the former term; whether before, -or after Prisot's day, at which time we know that nearly two centuries -and a half of statutes were in preservation. In later times, on the -introduction of the chancery branch of law, the term _common_ law began -to be used in a third sense, as the correlative of _chancery_ law. This, -however, having been long after Prisot's time, could not have been the -sense in which he used the term. He must have meant the ancient _lex non -scripta_, because, had he used it as inclusive of the _lex scripta_, he -would have put his finger on the statute which had enjoined on the judges -a deference to the laws of holy church. But no such statute existing, he -must have referred to the common law in the sense of a _lex non scripta_. -Whenever, then, the term _common law_ is used in either of these senses, -and it is never employed in any other, it is readily known in which of -them, by the context and subject matter under consideration; which, in -the present case, leave no room for doubt. - -I do not remember the occasion which led me to take up this subject, -while a practitioner of the law. But I know I went into it with all the -research which a very copious law library enabled me to indulge; and I -fear not for the accuracy of any of my quotations. The doctrine might be -disproved by many other and different topics of reasoning; but having -satisfied myself of the origin of the forgery, and found how, like a -rolling snow-ball, it had gathered volume, I leave its further pursuit -to those who need further proof, and perhaps I have already gone further -than the feeble doubt you expressed might require. - -I salute you with great esteem and respect. - - -TO ----. - - MONTICELLO, December 22, 1824. - -DEAR SIR,--The proposition to remove William and Mary College to -Richmond with all its present funds, and to add to it a musical school, -is nothing more nor less than to remove the University also to that -place. Because, if both remain, there will not be students enough to -make either worthy the acceptance of men of the first order of science. -They must each fall down to the level of our present academies, under -the direction of common teachers, and our state of education must stand -exactly where it now is. Few of the States have been able to maintain -one university, none two. Surely the legislature, after such an expense -incurred for a real university, and just as it is prepared to go into -action under hopeful auspices, will not consent to destroy it by this -side-wind. As to the best course to be taken with William and Mary, I -am not so good a judge as our colleagues on the spot. They have under -their eyes the workings of the enemies of the University, masked and -unmasked, and the intrigues of Richmond, which, after failing to obtain -it in the first instance, endeavors to steal its location at this late -hour. And they can best see what measures are most likely to counteract -these insidious designs. On the question of the removal, I think our -particular friends had better take no active part, but vote silently -for or against it, according to their own judgment as to the public -utility; and if they divide on the question, so much the better perhaps. -I am glad the visitors and professors have invoked the interference of -the legislature, because it is an acknowledgment of its authority on -behalf of the State to superintend and control it, of which I never had -a doubt. It is an institution established for the public good, and not -for the personal emolument of the professors, endowed from the public -lands and organized by the executive functionary whose legal office it -was. The acquiescence of both corporations under the authority of the -legislature, removes what might otherwise have been a difficulty with -some. If the question of removal be decided affirmatively, the next is, -how shall their funds be disposed of most advantageously for the State -in general? These are about one hundred thousand dollars too much for a -secondary or local institution. The giving a part of them to a school at -Winchester, and part to Hampden Sidney, is well, as far as it goes; but -does not go far enough. Why should not every part of the State participate -equally of the benefit of this reversion of right which accrues to the -whole equally? This would be no more a violation of law than the giving -it to a few. Yon know that the Rockfish report proposed an intermediate -grade of schools between the primary and the university. In that report -the objects of the middle schools are stated. See page 10 of the copy -I now enclose you. In these schools should be taught Latin and Greek, -to a good degree, French also, numerical arithmetic, the elements of -geometry, surveying, navigation, geography, the use of the globes, the -outlines of the solar system, and elements of natural philosophy. Two -professors would suffice for these, to wit: one for languages, the other -for so much of mathematics and natural philosophy as is here proposed. -This degree of education would be adapted to the circumstances of a very -great number of our citizens, who, being intended for lives of business, -would not aim at an university education. It would give us a body of -yeomanry, too, of substantial information, well prepared to become a firm -and steady support to the government; as schools of ancient languages, -too, they would be preparatories for the University. - -You have now an happy opportunity of carrying this intermediate -establishment into execution without laying a cent of tax on the -people, or taking one from the treasury. Divide the State into college -districts of about eighty miles square each. There would be about eight -such districts below the Alleghany, and two beyond it, which would -be necessarily of larger extent because of the sparseness of their -population. The only advance these colleges would call for, would be -for a dwelling house for the teacher, of about one thousand two hundred -dollars cost, and a boarding house with four or five bed rooms, and a -school room for probably about twenty or thirty boys. The whole should not -cost more than five thousand dollars, but the funds of William and Mary -would enable you to give them ten thousand dollars each. The districts -might be so laid off that the principal towns and the academies now -existing might form convenient sites for their colleges; as, for example, -Williamsburgh, Richmond, Fredericksburg, Hampden Sidney, Lynchburg or -Lexington, Staunton, Winchester, &c. Thus, of William and Mary, you -will make ten colleges, each as useful as she over was, leaving one in -Williamsburg by itself, placing as good a one within a day's ride of -every man in the State, and get our whole scheme of education completely -established. - -I have said that no advance is necessary but for the erection of the -buildings for these schools. Because the boys sent to them would be -exclusively of a class of parents in competent circumstances to pay -teachers for the education of their own children. The ten thousand -dollars given to each, would afford a surplus to maintain by its interest -one or two persons duly selected for their genius, from the primary -schools, of those too poor to proceed farther of their own means. You -will remember that of the three bills I originally gave you, one was -for these district colleges, and going into the necessary details. Will -you not have every member in favor of this proposition, except those who -are for gobbling up the whole funds themselves? The present professors -might all be employed in the college of Richmond or Williamsburg, or any -other they would prefer, with reasonable salaries in the meantime, until -the system should get under way. This occasion of completing our system -of education is a God-send which ought not to pass away neglected. Many -may be startled at the first idea. But reflection on the justice and -advantage of the measure will produce converts daily and hourly to it. -I certainly would not propose that the University should claim a cent -of these funds in competition with the district colleges. - -Would it not be better to say nothing about the last donation of fifty -thousand dollars, and endeavor to get the money from Congress, and to -press for it immediately. I cannot doubt their allowing it, and it would -be much better to get it from them than to revive the displeasure of -our own legislature. - -You are aware that we have yet two professors to appoint, to wit: of -natural history and moral philosophy, and that we have no time to lose. -I propose that such of our colleagues as are of the legislature, should -name a day of meeting, convenient to themselves, and give notice of it -by mail to Mr. Madison, General Cocke, and myself. But it should not be -till the arrival of the three professors expected at Norfolk. On their -arrival only can we publish the day of opening. Our Richmond mail-stage -arrives here on Sunday and departs on Wednesday, and arrives again on -Thursday and departs on Sunday. Each affording two spare intervening -days, and requiring from here an absence of six days. - -Mr. Long, professor of ancient languages, is located in his apartments -at the University. He drew, by lot, pavilion No. 5. He appears to -be a most amiable man, of fine understanding, well qualified for his -department, and acquiring esteem as fast as he becomes known. Indeed, -I have great hope that the whole selection will fulfil our wishes. Ever -and affectionately yours. - - -TO JOHN ADAMS. - - MONTICELLO, January 8, 1825. - -DEAR SIR,--It is long since I have written to you. This proceeds from the -difficulty of writing with my crippled wrist, and from an unwillingness -to add to your inconveniences of either reading by the eyes, or writing -by the hands of others. The account I receive of your physical situation -afflicts me sincerely; but if body or mind was one of them to give way, -it is a great comfort that it is the mind which remains whole, and that -its vigor, and that of memory continues firm. Your hearing, too, is -good, as I am told. In this you have the advantage of me. The dulness -of mine makes me lose much of the conversation of the world, and much -a stranger to what is passing in it. Acquiescence is the only pillow, -although not always a soft one. I have had one advantage of you. This -Presidential election has given me few anxieties. With you this must have -been impossible, independently of the question, whether we are at last -to end our days under a civil or a military government. I am comforted -and protected from other solicitudes by the cares of our University. In -some departments of science we believe Europe to be in advance before -us, and that it would advance ourselves were we to draw from thence -instructors in these branches, and thus to improve our science, as we -have done our manufactures, by borrowed skill. I have been much squibbed -for this, perhaps by disappointed applicants for professorships, to which -they were deemed incompetent. We wait only the arrival of three of the -professors engaged in England, to open our University. - -I have lately been reading the most extraordinary of all books, and at -the same time the most demonstrative by numerous and unequivocal facts. -It is Flourens's experiments on the functions of the nervous system, -in vertebrated animals. He takes out the cerebrum completely, leaving -the cerebellum and other parts of the system uninjured. The animal -loses all its senses of hearing, seeing, feeling, smelling, tasting, -is totally deprived of will, intelligence, memory, perception, &c. Yet -lives for months in perfect health, with all its powers of motion, but -without moving but on external excitement, starving even on a pile of -grain, unless crammed down its throat; in short, in a state of the most -absolute stupidity. He takes the cerebellum out of others, leaving the -cerebrum untouched. The animal retains all its senses, faculties, and -understanding, but loses the power of regulated motion, and exhibits all -the symptoms of drunkenness. While he makes incisions in the cerebrum -and cerebellum, lengthwise and crosswise, which heal and get well, a -puncture in the medulla elongata is instant death; and many other most -interesting things too long for a letter. Cabanis had proved by the -anatomical structure of certain portions of the human frame, that they -might be capable of receiving from the hand of the Creator the faculty of -thinking; Flourens proves that they have received it; that the cerebrum -is the thinking organ; and that life and health may continue, and the -animal be entirely without thought, if deprived of that organ. I wish -to see what the spiritualists will say to this. Whether in this state -the soul remains in the body, deprived of its essence of thought? or -whether it leaves it, as in death, and where it goes? His memoirs and -experiments have been reported on with approbation by a committee of -the institute, composed of Cuvier, Bertholet, Dumaril, Portal and Pinel. -But all this, you and I shall know better when we meet again, in another -place, and at no distant period. In the meantime, that the revived powers -of your frame, and the anodyne of philosophy may preserve you from all -suffering, is my sincere and affectionate prayer. - - -TO WILLIAM SHORT, ESQ. - - MONTICELLO, January 8, 1825. - -DEAR SIR,--I returned the first volume of Hall by a mail of a week ago, -and by this, shall return the second. We have kept them long, but every -member of the family wished to read his book, in which case, you know, -it had a long gauntlet to run. It is impossible to read thoroughly such -writings as those of Harper and Otis, who take a page to say what requires -but a sentence, or rather, who give you whole pages of what is nothing -to the purpose. A cursory race over the ground is as much as they can -claim. It is easy for them, at this day, to endeavor to whitewash their -party, when the greater part are dead of those who witnessed what passed, -others old and become indifferent to the subject, and others indisposed -to take the trouble of answering them. As to Otis, his attempt is to -prove that the sun does not shine at mid-day; that that is not a fact -which every one saw. He merits no notice. It is well known that Harper -had little scruple about facts where detection was not obvious. By -placing in false lights whatever admits it, and passing over in silence -what does not, a plausible aspect may be presented of anything. He takes -great pains to prove, for instance, that Hamilton was no monarchist, by -exaggerating his own intimacy with him, and the impossibility, if he was -so, that he should not, at some time, have betrayed it to him. This may -pass with uninformed readers, but not with those who have had it from -Hamilton's own mouth. I am one of those, and but one of many. At my own -table, in presence of Mr. Adams, Knox, Randolph, and myself, in a dispute -between Mr. Adams and himself, he avowed his preference of monarchy over -every other government, and his opinion that the English was the most -perfect model of government ever devised by the wit of man, Mr. Adams -agreeing "if its corruptions were done away." While Hamilton insisted -that "with these corruptions it was perfect, and without them it would -be an impracticable government." Can any one read Mr. Adams' defence of -the American constitutions without seeing that he was a monarchist? And -J. Q. Adams, the son, was more explicit than the father, in his answer -to Paine's rights of man. So much for leaders. Their followers were -divided. Some went the same lengths, others, and I believe the greater -part, only wished a stronger Executive. When I arrived at New York in -1790, to take a part in the administration, being fresh from the French -revolution, while in its first and pure stage, and consequently somewhat -whetted up in my own republican principles, I found a state of things, -in the general society of the place, which I could not have supposed -possible. Being a stranger there, I was feasted from table to table, -at large set dinners, the parties generally from twenty to thirty. The -revolution I had left, and that we had just gone through in the recent -change of our own government, being the common topics of conversation, I -was astonished to find the general prevalence of monarchical sentiments, -insomuch that in maintaining those of republicanism, I had always the -whole company on my hands, never scarcely finding among them a single -co-advocate in that argument, unless some old member of Congress happened -to be present. The furthest that any one would go, in support of the -republican features of our new government, would be to say, "the present -constitution is well as a beginning, and may be allowed a fair trial; -but it is, in fact, only a stepping stone to something better." Among -their writers, Denny, the editor of the Portfolio, who was a kind of -oracle with them, and styled the Addison of America, openly avowed his -preference of monarchy over all other forms of government, prided himself -on the avowal, and maintained it by argument freely and without reserve, -in his publications. I do not, myself, know that the Essex junto of -Boston were monarchists, but I have always heard it so said, and never -doubted. - -These, my dear Sir, are but detached items from a great mass of proofs -then fully before the public. They are unknown to you, because you were -absent in Europe, and they are now disavowed by the party. But, had it -not been for the firm and determined stand then made by a counter-party, -no man can say what our government would have been at this day. Monarchy, -to be sure, is now defeated, and they wish it should be forgotten that -it was ever advocated. They see that it is desperate, and treat its -imputation to them as a calumny; and I verily believe that none of them -have it now in direct aim. Yet the spirit is not done away. The same -party takes now what they deem the next best ground, the consolidation -of the government; the giving to the federal member of the government, -by unlimited constructions of the constitution, a control over all the -functions of the States, and the concentration of all power ultimately -at Washington. - -The true history of that conflict of parties will never be in possession -of the public, until, by the death of the actors in it, the hoards of -their letters shall be broken up and given to the world. I should not -fear to appeal to those of Harper himself, if he has kept copies of -them, for abundant proof that he was himself a monarchist. I shall not -live to see these unrevealed proofs, nor probably you; for time will be -requisite. But time will, in the end, produce the truth. And, after all, -it is but a truth which exists in every country, where not suppressed -by the rod of despotism. Men, according to their constitutions, and the -circumstances in which they are placed, differ honestly in opinion. Some -are whigs, liberals, democrats, call them what you please. Others are -tories, serviles, aristocrats, &c. The latter fear the people, and wish to -transfer all power to the higher classes of society; the former consider -the people as the safest depository of power in the last resort; they -cherish them therefore, and wish to leave in them all the powers to the -exercise of which they are competent. This is the division of sentiment -now existing in the United States. It is the common division of whig -and tory, or according to our denominations of republican and federal; -and is the most salutary of all divisions, and ought, therefore, to be -fostered, instead of being amalgamated. For, take away this, and some -more dangerous principle of division will take its place. But there is -really no amalgamation. The parties exist now as heretofore. The one, -indeed, has thrown off its old name, and has not yet assumed a new one, -although obviously consolidationists. And among those in the offices of -every denomination I believe it to be a bare minority. - -I have gone into these facts to show how one-sided a view of this case -Harper has presented. I do not recall these recollections with pleasure, -but rather wish to forget them, nor did I ever permit them to affect -social intercourse. And now, least of all, am disposed to do so. Peace -and good will with all mankind is my sincere wish. I willingly leave -to the present generation to conduct their affairs as they please. And -in my general affection to the whole human family, and my particular -devotion to my friends, be assured of the high and special estimation -in which yourself is cordially held. - - -TO JOSEPH C. CABELL. - - MONTICELLO, January 11, 1825. - -DEAR SIR,--We are dreadfully nonplussed here by the non-arrival of our -three Professors. We apprehend that the idea of our opening on the 1st -of February prevails so much abroad, (although we have always mentioned -it doubtfully,) as that the students will assemble on that day without -awaiting the further notice which was promised. To send them away will -be discouraging, and to open an University without Mathematics or Natural -Philosophy would bring on us ridicule and disgrace. We therefore publish -an advertisement, stating that on _the arrival_ of these Professors, -notice will be given of the day of opening the institution. - -Governor Barbour writes me hopefully of getting our fifty thousand -dollars from Congress. The proposition has been originated in the House -of Representatives, referred to the committee of claims, the chairman -of which has prepared a very favorable report, and a bill conformable, -assuming the repayment of all interest which the State has actually paid. -The legislature will certainly owe to us the recovery of this money; -for had they not given it in some measure the reverenced character of a -donation for the promotion of learning, it would never have been paid. It -is to be hoped, therefore, that the displeasure incurred by wringing it -from them at the last session, will now give way to a contrary feeling, -and even place us on a ground of some merit. Should this sentiment take -place, and the arrival of our Professors, and filling our dormitories -with students on the 1st of February, encourage them to look more -favorably towards us, perhaps it might dispose them to enlarge somewhat -their order on the same fund. You observe the Proctor has stated in -a letter accompanying our Report, that it will take about twenty-five -thousand dollars more than we have to finish the Rotunda. Besides this, -an Anatomical theatre (costing about as much as one of our hotels, say -about five thousand dollars,) is indispensable to the school of Anatomy. -There cannot be a single dissection until a proper theatre is prepared, -giving an advantageous view of the operation to those within, and -effectually excluding observation from without. Either the additional -sums, therefore, of twenty-five thousand and five thousand dollars will -be wanting, or we must be permitted to appropriate a part of the fifty -thousand to a theatre, leaving the Rotunda unfinished for the present. -Yet I should think neither of these objects an equivalent for renewing -the displeasure of the legislature. Unless we can carry their hearty -patronage with us, the institution can never flourish. I would not, -therefore, hint at this additional aid, unless it were agreeable to our -friends generally, and tolerably sure of being carried without irritation. - -In your letter of December the 31st, you say my "hand-writing and my -letters have great effect there," _i. e._ at Richmond. I am sensible, my -dear Sir, of the kindness with which this encouragement is held up to me. -But my views of their effect are very different. When I retired from the -administration of public affairs, I thought I saw some evidence that I -retired with a good degree of public favor, and that my conduct in office -had been considered, by the one party at least, with approbation, and -with acquiescence by the other. But the attempt in which I have embarked -so earnestly, to procure an improvement in the moral condition of my -native State, although, perhaps, in other States it may have strengthened -good dispositions, it has assuredly weakened them within our own. The -attempt ran foul of so many local interests, of so many personal views, -and so much ignorance, and I have been considered as so particularly -its promoter, that I see evidently a great change of sentiment towards -myself. I cannot doubt its having dissatisfied with myself a respectable -minority, if not a majority of the House of Delegates. I feel it deeply, -and very discouragingly. Yet I shall not give way. I have ever found in -my progress through life, that, acting for the public, if we do always -what is right, the approbation denied in the beginning will surely follow -us in the end. It is from posterity we are to expect remuneration for -the sacrifices we are making for their service, of time, quiet and good -will. And I fear not the appeal. The multitude of fine young men whom -we shall redeem from ignorance, who will feel that they owe to us the -elevation of mind, of character and station they will be able to attain -from the result of our efforts, will insure their remembering us with -gratitude. We will not, then, be "weary in well-doing." _Usque ad aras -amicus tuus._ - - -TO GENERAL ALEXANDER SMYTH. - - MONTICELLO, January 17, 1825. - -DEAR SIR,--I have duly received four proof sheets of your explanation of -the Apocalypse, with your letters of December 29th and January 8th; in -the last of which you request that, so soon as I shall be of opinion that -the explanation you have given is correct, I would express it in a letter -to you. From this you must be so good as to excuse me, because I make it -an invariable rule to decline ever giving opinions on new publications -in any case whatever. No man on earth has less taste or talent for -criticism than myself, and least and last of all should I undertake to -criticize works on the Apocalypse. It is between fifty and sixty years -since I read it, and I then considered it as merely the ravings of a -maniac, no more worthy nor capable of explanation than the incoherences -of our own nightly dreams. I was, therefore, well pleased to see, in -your first proof sheet, that it was said to be not the production of -St. John, but of Cerinthus, a century after the death of that apostle. -Yet the change of the author's name does not lessen the extravagances of -the composition; and come they from whomsoever they may, I cannot so far -respect them as to consider them as an allegorical narrative of events, -past or subsequent. There is not coherence enough in them to countenance -any suite of rational ideas. You will judge, therefore, from this how -impossible I think it that either your explanation, or that of any man -in "the heavens above, or on the earth beneath," can be a correct one. -What has no meaning admits no explanation; and pardon me if I say, with -the candor of friendship, that I think your time too valuable, and your -understanding of too high an order, to be wasted on these paralogisms. You -will perceive, I hope, also, that I do not consider them as revelations -of the Supreme Being, whom I would not so far blaspheme as to impute -to him a pretension of revelation, couched at the same time in terms -which, he would know, were never to be understood by those to whom they -were addressed. In the candor of these observations, I hope you will -see proofs of the confidence, esteem and respect which I truly entertain -for you. - - -JOHN ADAMS TO THOMAS JEFFERSON. - - QUINCY, January 23, 1825. - -MY DEAR SIR,--We think ourselves possessed, or at least we boast that we -are so, of liberty of conscience on all subjects and of the right of free -inquiry and private judgment in all cases, and yet how far are we from -these exalted privileges in fact. There exists, I believe, throughout -the whole Christian world, a law which makes it blasphemy to deny, or -to doubt the divine inspiration of all the books of the Old and New -Testaments, from Genesis to Revelations. In most countries of Europe it -is punished by fire at the stake, or the rack, or the wheel. In England -itself, it is punished by boring through the tongue with a red-hot poker. -In America it is not much better; even in our Massachusetts, which, -I believe, upon the whole, is as temperate and moderate in religious -zeal as most of the States, a law was made in the latter end of the -last century, repealing the cruel punishments of the former laws, but -substituting fine and imprisonment upon all those blasphemies upon any -book of the Old Testament or New. Now, what free inquiry, when a writer -must surely encounter the risk of fine or imprisonment for adducing any -arguments for investigation into the divine authority of those books? -Who would run the risk of translating Volney's Recherches Nouvelles? -Who would run the risk of translating Dapin's? But I cannot enlarge -upon this subject, though I have it much at heart. I think such laws a -great embarrassment, great obstructions to the improvement of the human -mind. Books that cannot bear examination, certainly ought not to be -established as divine inspiration by penal laws. It is true, few persons -appear desirous to put such laws in execution, and it is also true that -some few persons are hardy enough to venture to depart from them; but -as long as they continue in force as laws, the human mind must make an -awkward and clumsy progress in its investigations. I wish they were -repealed. The substance and essence of Christianity, as I understand -it, is eternal and unchangeable, and will bear examination forever; but -it has been mixed with extraneous ingredients, which, I think, will not -bear examination, and they ought to be separated. Adieu. - - -TO ----.[17] - - MONTICELLO, February 3, 1825. - -DEAR SIR,--Although our Professors were, on the 5th of December, still -in an English port, that they were safe raises me from the dead, for -I was almost ready to give up the ship. That was eight weeks ago; they -may therefore be daily expected. - -In most public seminaries text-books are prescribed to each of the several -schools, as the _norma docendi_ in that school; and this is generally -done by authority of the trustees. I should not propose this generally -in our University, because I believe none of us are so much at the -heights of science in the several branches, as to undertake this, and -therefore that it will be better left to the Professors until occasion -of interference shall be given. But there is one branch in which we are -the best judges, in which heresies may be taught, of so interesting a -character to our own State and to the United States, as to make it a -duty in us to lay down the principles which are to be taught. It is -that of government. Mr. Gilmer being withdrawn, we know not who his -successor may be. He may be a Richmond lawyer, or one of that school of -quondam federalism, now consolidation. It is our duty to guard against -such principles being disseminated among our youth, and the diffusion -of that poison, by a previous prescription of the texts to be followed -in their discourses. I therefore enclose you a resolution which I think -of proposing at our next meeting, strictly confiding it to your own -knowledge alone, and to that of Mr. Loyall, to whom you may communicate -it, as I am sure it will harmonize with his principles. I wish it kept -to ourselves, because I have always found that the less such things are -spoken of beforehand, the less obstruction is contrived to be thrown in -their way. I have communicated it to Mr. Madison. - -Should the bill for district colleges pass in the end, our scheme of -education will be complete. But the branch of primary schools may need -attention, and should be brought, like the rest, to the forum of the -legislature. The Governor, in his annual message, gives a favorable -account of them in the lump. But this is not sufficient. We should know -the operation of the law establishing these schools more in detail. We -should know how much money is furnished to each county every year, and -how much education it distributes every year, and such a statement should -be laid before the legislature every year. The sum of education rendered -in each county in each year should be estimated by adding together the -number of months which each scholar attended, and stating the sum total -of the months which all of them together attended, _e. g._, in any county -one scholar attended two months, three others four months each, eight -others six months each, then the sum of these added together will make -sixty-two months of schooling afforded in the county that year; and the -number of sixty-two months entered in a table opposite to the name of -the county, gives a satisfactory idea of the sum or quantum of education -it rendered in that year. This will enable us to take many interesting -and important views of the sufficiency of the plan established, and of -the amendments necessary to produce the greatest effect. I enclose a -form of the table which would be required, in which you will of course -be sensible that the numbers entered are at hap-hazard, and _exempli -gratia_, as I know nothing of the sums furnished or quantum of education -rendered in each or any county. I send also the form of such a resolution -as should be passed by the one or the other house, perhaps better in the -lower one, and moved by some member nowise connected with us, for the -less we appear before the house, the less we shall excite dissatisfaction. - -I mentioned to you formerly our want of an anatomical hall for dissection. -But if we get the fifty thousand dollars from Congress, we can charge -to that, as the library fund, the six thousand dollars of the building -fund which we have advanced for it in books and apparatus, and repaying -from the former the six thousand dollars due to the latter, apply so -much of it as is necessary for the anatomical building. No application -on the subject need therefore be made to our legislature. But I hear -nothing of our prospects before Congress. Yours affectionately. - -_Resolved_, That the Governor be requested to have prepared and laid -before the legislature, at their next session, a statement in detail of -the sum of education which, under the law establishing primary schools, -has been rendered in the schools of each county respectively; that it be -stated in a tabular form, in the first column of which table shall be -the names of the counties alphabetically arranged, and then, for every -year, two other columns, in the first of which shall be entered, opposite -to the name of each county, the sum of money furnished it in that year, -and in the second shall be stated the sum of education rendered in the -same county and year; which sum is to be estimated by adding together -the number of months of schooling which the several individuals attending -received. And that henceforward a similar statement be prepared and laid -before the legislature every year for that year. - - Accomac $400 216 months schooling. - Albemarle 500 234 " - Amelia 250 183 " - Amherst 400 210 " - Augusta 800 461 " - &c. - -FOOTNOTE: - - [17] Address lost. - - -TO ----.[18] - - MONTICELLO, February 20, 1825. - -DEAR SIR,--I thank you for the copy of your Cherokee grammar, which -I have gone over with attention and satisfaction. We generally learn -languages for the benefit of reading the books written in them. But here -our reward must be the addition made to the philosophy of language. In -this point of view your analysis of the Cherokee adds valuable matter for -reflection, and strengthens our desire to see more of these languages as -scientifically elucidated. Their grammatical devices for the modification -of their words by a syllable prefixed to, or inserted in the middle, -or added to its end, and by other combinations so different from ours, -prove that if man came from one stock, his languages did not. A late -grammarian has said that all words were originally monosyllables. The -Indian languages disprove this. I should conjecture that the Cherokees, -for example, have formed their language not by single words, but by -phrases. I have known some children learn to speak, not by a word at -a time, but by whole phrases. Thus the Cherokee has no name for father -in the abstract, but only as combined with some one of his relations. A -complex idea being a fasciculus of simple ideas bundled together, it is -rare that different languages make up their bundles alike, and hence the -difficulty of translating from one language to another. European nations -have so long had intercourse with one another, as to have approximated -their complex expressions much towards one another. But I believe we shall -find it impossible to translate our language into any of the Indian, or -any of theirs into ours. I hope you will pursue your undertaking, and -that others will follow your example with other of their languages. It -will open a wide field for reflection on the grammatical organization -of languages, their structure and character. I am persuaded that among -the tribes on our two continents a great number of languages, radically -different, will be found. It will be curious to consider how so many so -radically different will be found. It will be curious to consider how so -many so radically different have been preserved by such small tribes in -coterminous settlements of moderate extent. I had once collected about -thirty vocabularies formed of the same English words, expressive of -such simple objects only as must be present and familiar to every one -under these circumstances. They wore unfortunately lost. But I remember -that on a trial to arrange them into families or dialects, I found in -one instance that about half a dozen might be so classed, in another -perhaps three or four. Bot I am sure that a third at least, if not more, -were perfectly insulation from each other. Yet this is the only index -by which we can trace their filiation. - -I had received your observations on the changes proposed in Harvard -College, without knowing from whom they came to me, and had been so -much pleased with them as to have put them by for preservation. These -observations, with the report and documents to which they relate, are -a treasure of information to us; they give to our infant institution -the experience of your ancient and eminent establishment. I hope that -we shall be like cordial colleagues in office, acting in harmony and -affection for the same object. Our European professors, five in number, -are at length arrived, and excite strong presumptions that they have -been judiciously selected. We have announced our opening on the 7th of -the ensuing month of March. With sincere wishes for the prosperity of -yours, as well as ours, I pray you to accept assurances of my high esteem -and respect. - -FOOTNOTE: - - [18] Address lost. - - -TO THOMAS JEFFERSON SMITH. - - MONTICELLO, February 21, 1825. - -This letter will, to you, be as one from the dead. The writer will be -in the grave before you can weigh its counsels. Your affectionate and -excellent father has requested that I would address to you something -which might possibly have a favorable influence on the course of life you -have to run, and I too, as a namesake, feel an interest in that course. -Few words will be necessary, with good dispositions on your part. Adore -God. Reverence and cherish your parents. Love your neighbor as yourself, -and your country more than yourself. Be just. Be true. Murmur not at -the ways of Providence. So shall the life into which you have entered, -be the portal to one of eternal and ineffable bliss. And if to the dead -it is permitted to care for the things of this world, every action of -your life will be under my regard. Farewell. - -_The portrait of a good man by the most sublime of poets, for your -imitation._ - - Lord, who's the happy man that may to thy blest courts repair; - Not stranger-like to visit them, but to inhabit there? - 'Tis he whose every thought and deed by rules of virtue moves; - Whose generous tongue disdains to speak the thing his heart disproves. - Who never did a slander forge, his neighbor's fame to wound; - Nor hearken to a false report, by malice whispered round. - Who vice in all its pomp and power, can treat with just neglect; - And piety, though clothed in rage, religiously respect. - Who to his plighted vows and trust has ever firmly stood; - And though he promise to his loss, he makes his promise good. - Whose soul in usury disdains his treasure to employ; - Whom no rewards can ever bribe the guiltless to destroy. - The man, who, by this steady course, has happiness insur'd, - When earth's foundations shake, shall stand, by Providence secur'd. - - _A Decalogue of Canons for observation in practical life._ - -1. Never put off till to-morrow what you can do to-day. - -2. Never trouble another for what you can do yourself. - -3. Never spend your money before you have it. - -4. Never buy what you do not want, because it is cheap; it will be dear -to you. - -5. Pride costs us more than hunger, thirst and cold. - -6. We never repent of having eaten too little. - -7. Nothing is troublesome that we do willingly. - -8. How much pain have cost us the evils which have never happened. - -9. Take things always by their smooth handle. - -10. When angry, count ten, before you speak; if very angry, an hundred. - - -TO EDWARD LIVINGSTON, ESQ. - - MONTICELLO, March 25, 1825. - -DEAR SIR,--I know how apt we are to consider those whom we knew long ago, -and have not since seen, to be exactly still what they were when we knew -them; and to have been stationary in body and mind as they have been in -our recollections. Have you not been under that illusion with respect to -myself? When I had the pleasure of being a fellow-laborer with you in -the public service, age had ripened, but not yet impaired whatever of -mind I had at any time possessed. But five-and-twenty chilling winters -have since rolled over my head, and whitened every hair of it. Worn down -by time in bodily strength, unable to walk even into my garden without -too much fatigue, I cannot doubt that the mind has also suffered its -portion of decay. If reason and experience had not taught me this law -of nature, my own consciousness is a sufficient monitor, and warns me -to keep in mind the golden precept of Horace, - - "Solve senescentem, maturé sanus, equum, ne - Peccet ad extremum ridendus." - -I am not equal, dear Sir, to the task you have proposed to me. To examine -a code of laws newly reduced to system and text, to weigh their bearings -on each other in all their parts, their harmony with reason and nature, -and their adaptation to the habits and sentiments of those for whom -they are prepared, and whom, in this case, I do not know, is a task far -above what I am now, or perhaps ever was. I have attended to so much -of your work as has been heretofore laid before the public, and have -looked, with some attention also, into what you have now sent me. It will -certainly arrange your name with the sages of antiquity. Time and changes -in the condition and constitution of society may require occasional -and corresponding modifications. One single object, if your provision -attains it, will entitle you to the endless gratitude of society; that -of restraining judges from usurping legislation. And with no body of men -is this restraint more wanting than with the judges of what is commonly -called our general government, but what I call our foreign department. -They are practising on the constitution by inferences, analogies, and -sophisms, as they would on an ordinary law. They do not seem aware -that it is not even a _constitution_, formed by a single authority, -and subject to a single superintendence and control; but that it is a -compact of many independent powers, every single one of which claims -an equal right to understand it, and to require its observance. However -strong the cord of compact may be, there is a point of tension at which -it will break. A few such doctrinal decisions, as barefaced as that of -the Cohens, happening to bear immediately on two or three of the large -States, may induce them to join in arresting the march of government, -and in arousing the co-States to pay some attention to what is passing, -to bring back the compact to its original principles, or to modify it -legitimately by the express consent of the parties themselves, and not -by the usurpation of their created agents. They imagine they can lead -us into a consolidate government, while their road leads directly to -its dissolution. This member of the government was at first considered -as the most harmless and helpless of all its organs. But it has proved -that the power of declaring what the law is, _ad libitum_, by sapping and -mining, slily, and without alarm, the foundations of the constitution, -can do what open force would not dare to attempt. I have not observed -whether, in your code, you have provided against caucussing judicial -decisions, and for requiring judges to give their opinions _seriatim_, -every man for himself, with his reasons and authorities at large, to -be entered of record in his own words. A regard for reputation, and the -judgment of the world, may sometimes be felt where conscience is dormant, -or indolence inexcitable. Experience has proved that impeachment in our -forms is completely inefficient. - -I am pleased with the style and diction of your laws. Plain and -intelligible as the ordinary writings of common sense, I hope it will -produce imitation. Of all the countries on earth of which I have any -knowledge, the style of the Acts of the British parliament is the most -barbarous, uncouth, and unintelligible. It can be understood by those -alone who are in the daily habit of studying such tautologous, involved -and parenthetical jargon. Where they found their model, I know not. -Neither ancient nor modern codes, nor even their own early statutes, -furnish any such example. And, like faithful apes, we copy it faithfully. - -In declining the undertaking you so flatteringly propose to me, I trust -you will see but an approvable caution for the age of four score and two, -to avoid exposing itself before the public. The misfortune of a weakened -mind is an insensibility of its weakness. Seven years ago, indeed, I -embarked in an enterprise, the establishment of an University, which -placed and keeps me still under the public eye. The call was imperious, -the necessity most urgent, and the hazard of titubation less, by those -seven years, than it now is. The institution is at length happily advanced -to completion, and has commenced under auspices as favorable as I could -expect. I hope it will prove a blessing to my own State, and not unuseful -perhaps to some others. At all hazards, and secured by the aid of my able -coadjutors, I shall continue, while I am in being, to contribute to it -whatever my weakened and weakening powers can. But assuredly it is the -last object for which I shall obtrude myself on the public observation. - -Wishing anxiously that your great work may obtain complete success, and -become an example for the imitation and improvement of other States, I -pray you to be assured of my unabated friendship and respect. - - -TO JUDGE AUGUSTUS B. WOODWARD. - - MONTICELLO, April 3, 1825. - -DEAR SIR,--Your favor of March 25th has been duly received. The fact -is unquestionable, that the Bill of Rights, and the Constitution of -Virginia, were drawn originally by George Mason, one of our really great -men, and of the first order of greatness. The history of the Preamble -to the latter is this: I was then at Philadelphia with Congress; and -knowing that the Convention of Virginia was engaged in forming a plan of -government, I turned my mind to the same subject, and drew a sketch or -outline of a Constitution, with a preamble, which I sent to Mr. Pendleton, -president of the convention, on the mere possibility that it might -suggest something worth incorporation into that before the convention. -He informed me afterwards by letter, that he received it on the day on -which the Committee of the Whole had reported to the House the plan they -had agreed to; that that had been so long in hand, so disputed inch by -inch, and the subject of so much altercation and debate; that they were -worried with the contentions it had produced, and could not from mere -lassitude, have been induced to open the instrument again; but that, -being pleased with the Preamble to mine, they adopted it in the House, -by way of amendment to the Report of the Committee; and thus my Preamble -became tacked to the work of George Mason. The Constitution, with the -Preamble, was passed on the 29th of June, and the Committee of Congress -had only the day before that reported to that body the draught of the -Declaration of Independence. The fact is, that that Preamble was prior -in composition to the Declaration; and both having the same object, of -justifying our separation from Great Britain, they used necessarily the -same materials of justification, and hence their similitude. - -Withdrawn by age from all other public services and attentions to public -things, I am closing the last scenes of life by fashioning and fostering -an establishment for the instruction of those who are to come after us. -I hope its influence on their virtue, freedom, fame and happiness, will -be salutary and permanent. The form and distributions of its structure -are original and unique, the architecture chaste and classical, and the -whole well worthy of attracting the curiosity of a visit. Should it so -prove to yourself at any time, it will be a great gratification to me -to see you once more at Monticello; and I pray you to be assured of my -continued and high respect and esteem. - - -TO HENRY LEE, ESQ. - - MONTICELLO, May 8, 1825. - -DEAR SIR,-- * * * * * - -That George Mason was author of the bill of rights, and of the -constitution founded on it, the evidence of the day established fully -in my mind. Of the paper you mention, purporting to be instructions to -the Virginia delegation in Congress, I have no recollection. If it were -anything more than a project of some private hand, that is to say, had -any such instructions been ever given by the convention, they would -appear in the journals, which we possess entire. But with respect to -our rights, and the acts of the British government contravening those -rights, there was but one opinion on this side of the water. All American -whigs thought alike on these subjects. When forced, therefore, to resort -to arms for redress, an appeal to the tribunal of the world was deemed -proper for our justification. This was the object of the Declaration of -Independence. Not to find out new principles, or new arguments, never -before thought of, not merely to say things which had never been said -before: but to place before mankind the common sense of the subject, -in terms so plain and firm as to command their assent, and to justify -ourselves in the independent stand we are compelled to take. Neither -aiming at originality of principle or sentiment, nor yet copied from any -particular and previous writing, it was intended to be an expression of -the American mind, and to give to that expression the proper tone and -spirit called for by the occasion. All its authority rests then on the -harmonizing sentiments of the day, whether expressed in conversation, in -letters, printed essays, or in the elementary books of public right, as -Aristotle, Cicero, Locke, Sidney, &c. The historical documents which you -mention as in your possession, ought all to be found, and I am persuaded -you will find, to be corroborative of the facts and principles advanced -in that Declaration. Be pleased to accept assurances of my great esteem -and respect. - - -TO MISS WRIGHT. - - MONTICELLO, August 7, 1825. - -I have duly received; dear Madam, your letter of July 26th, and learn -from it with much regret, that Miss Wright, your sister, is so much -indisposed as to be obliged to visit our medicinal springs. I wish she -may be fortunate in finding those which may be adapted to her case. We -have taken too little pains to ascertain the properties of our different -mineral waters, the cases in which they are respectively remedial, the -proper process in their use, and other circumstances necessary to give -us their full value. My own health is very low, not having been able -to leave the house for three months, and suffering much at times. In -this state of body and mind, your letter could not have found a more -inefficient counsellor, one scarcely able to think or to write. At the -age of eighty-two, with one foot in the grave, and the other uplifted to -follow it, I do not permit myself to take part in any new enterprises, -even for bettering the condition of man, not even in the great one which -is the subject of your letter, and which has been through life that -of my greatest anxieties. The march of events has not been such as to -render its completion practicable within the limits of time allotted to -me; and I leave its accomplishment as the work of another generation. -And I am cheered when I see that on which it is devolved, taking it up -with so much good will, and such minds engaged in its encouragement. The -abolition of the evil is not impossible; it ought never therefore to be -despaired of. Every plan should be adopted, every experiment tried, which -may do something towards the ultimate object. That which you propose -is well worthy of trial. It has succeeded with certain portions of our -white brethren, under the care of a Rapp and an Owen; and why may it -not succeed with the man of color? An opinion is hazarded by some, but -proved by none, that moral urgencies are not sufficient to induce him -to labor; that nothing can do this but physical coercion. But this is a -problem which the present age alone is prepared to solve by experiment. -It would be a solecism to suppose a race of animals created, without -sufficient foresight and energy to preserve their own existence. It is -disproved, too, by the fact that they exist, and have existed through -all the ages of history. We are not sufficiently acquainted with all the -nations of Africa, to say that there may not be some in which habits of -industry are established, and the arts practised which are necessary to -render life comfortable. The experiment now in progress in St. Domingo, -those of Sierra Leone and Cape Mesurado, are but beginning. Your -proposition has its aspects of promise also; and should it not answer -fully to calculations in figures, it may yet, in its developments, lead -to happy results. These, however, I must leave to another generation. -The enterprise of a different, but yet important character, in which I -have embarked too late in life, I find more than sufficient to occupy -the enfeebled energies remaining to me, and that to divert them to other -objects, would be a desertion of these. You are young, dear Madam, and -have powers of mind which may do much in exciting others in this arduous -task. I am confident they will be so exerted, and I pray to heaven for -their success, and that you may be rewarded with the blessings which -such efforts merit. - - -TO JOHN VAUGHAN, ESQ. - - MONTICELLO, September 16, 1825. - -DEAR SIR,--I am not able to give you any particular account of the -paper handed you by Mr. Lee, as being either the original or a copy -of the Declaration of Independence, sent by myself to his grandfather. -The draught, when completed by myself, with a few verbal amendments by -Dr. Franklin and Mr. Adams, two members of the committee, in their own -hand-writing, is now in my own possession, and a fair copy of this was -reported to the committee, passed by them without amendment, and then -reported to Congress. This letter should be among the records of the old -Congress; and whether this or the one from which it was copied and now in -my hands, is to be called the original, is a question of definition. To -that in my hands, if worth preserving, my relations with our University -gives irresistible claims. Whenever, in the course of the composition, -a copy became overcharged, and difficult to be read with amendments, I -copied it fair, and when that also was crowded with other amendments, -another fair copy was made, &c. These rough draughts I sent to distant -friends who were anxious to know what was passing. But how many, and -to whom, I do not recollect. One sent to Mazzei was given by him to the -Countess de Tessie (aunt of Madame de Lafayette) _as the original_, and -is probably now in the hands of her family. Whether the paper sent to R. -H. Lee was one of these, or whether, after the passage of the instrument, -I made a copy for him, with the amendments of Congress, may, I think, -be known from the face of the paper. The documents Mr. Lee has given -you must be of great value, and until all these private hoards are made -public, the real history of the revolution will not be known. - - -TO DR. JAMES MEASE. - - MONTICELLO, September 26, 1825. - -DEAR SIR,--It is not for me to estimate the importance of the -circumstances concerning which your letter of the 8th makes inquiry. -They prove, even in their minuteness, the sacred attachments of our -fellow citizens to the event of which the paper of July 4th, 1776, was -but the declaration, the genuine effusion of the soul of our country at -that time. Small things may, perhaps, like the relics of saints, help to -nourish our devotion to this holy bond of our Union, and keep it longer -alive and warm in our affections. This effect may give importance to -circumstances, however small. At the time of writing that instrument, -I lodged in the house of a Mr. Graaf, a new brick house, three stories -high, of which I rented the second floor consisting of a parlor and -bed-room, ready furnished. In that parlor I wrote habitually, and in it -wrote this paper, particularly. So far I state from written proofs in -my possession. The proprietor, Graaf, was a young man, son of a German, -and then newly married. I think he was a bricklayer, and that his house -was on the south side of Market street, probably between Seventh and -Eighth streets, and if not the only house on that part of the street, -I am sure there were few others near it. I have some idea that it was a -corner house, but no other recollections throwing light on the question, -or worth communication. I am ill, therefore only add assurance of my -great respect and esteem. - - -TO ----. - - MONTICELLO, October 25, 1825. - -DEAR SIR,--I know not whether the professors to whom ancient and modern -history are assigned in the University, have yet decided on the course -of historical reading which they will recommend to their schools. -If they have, I wish this letter to be considered as not written, as -their course, the result of mature consideration, will be preferable to -anything I could recommend. Under this uncertainty, and the rather as -you are of neither of these schools, I may hazard some general ideas, -to be corrected by what they may recommend hereafter. - -In all cases I prefer original authors to compilers. For a course of -ancient history, therefore, of Greece and Rome especially, I should advise -the usual suite of Herodotus, Thucydides, Xenophon, Diodorus, Livy, Cæsar, -Suetonius, Tacitus, and Dion, in their originals if understood, and in -translations if not. For its continuation to the final destruction of -the empire we must then be content with Gibbons, a compiler, and with -Segur, for a judicious recapitulation of the whole. After this general -course, there are a number of particular histories filling up the chasms, -which may be read at leisure in the progress of life. Such is Arrian, 2 -Curtius, Polybius, Sallust, Plutarch, Dionysius, Halicarnassus, Micasi, -&c. The ancient universal history should be on our shelves as a book of -general reference, the most learned and most faithful perhaps that ever -was written. Its style is very plain but perspicuous. - -In modern history, there are but two nations with whose course it is -interesting to us to be intimately acquainted, to wit: France and England. -For the former, Millot's General History of France may be sufficient to -the period when 1 Davila commences. He should be followed by Perefixe, -Sully, Voltaire's Louis XIV. and XV., la Cretelles XVIII.me siècle, -Marmontel's Regence, Foulongion's French Revolution, and Madame de -Stael's, making up by a succession of particular history, the general -one which they want. - -Of England there is as yet no general history so faithful as Rapin's. -He maybe followed by Ludlow, Fox, Belsham, Hume and Brodie. Hume's, -were it faithful, would be the finest piece of history which has ever -been written by man. Its unfortunate bias may be partly ascribed to -the accident of his having written backwards. His maiden work was the -History of the Stuarts. It was a first essay to try his strength before -the public. And whether as a Scotchman he had really a partiality for -that family, or thought that the lower their degradation, the more fame -he should acquire by raising them up to some favor, the object of his -work was an apology for them. He spared nothing, therefore, to wash them -white, and to palliate their misgovernment. For this purpose he suppressed -truths, advanced falsehoods, forged authorities, and falsified records. -All this is proved on him unanswerably by Brodie. But so bewitching was -his style and manner, that his readers were unwilling to doubt anything, -swallowed everything, and all England became tories by the magic of his -art. His pen revolutionized the public sentiment of that country more -completely than the standing armies could ever have done, which were so -much dreaded and deprecated by the patriots of that day. - -Having succeeded so eminently in the acquisition of fortune and fame by -this work, he undertook the history of the two preceding dynasties, the -Plantagenets and Tudors. It was all-important in this second work, to -maintain the thesis of the first, that "it was the people who encroached -on the sovereign, not the sovereign who usurped on the rights of the -people." And, again, chapter 53d, "the grievances under which the English -labored [to wit: whipping, pillorying, cropping, imprisoning, fining, -&c.,] when considered in themselves, without regard to the constitution, -scarcely deserve the name, nor were they either burthensome on the -people's properties, or anywise shocking to the natural humanity of -mankind." During the constant wars, civil and foreign, which prevailed -while these two families occupied the throne, it was not difficult to -find abundant instances of practices the most despotic, as are wont -to occur in times of violence. To make this second epoch support the -third, therefore, required but a little garbling of authorities. And -it then remained, by a third work, to make of the whole a complete -history of England, on the principles on which he had advocated that of -the Stuarts. This would comprehend the Saxon and Norman conquests, the -former exhibiting the genuine form and political principles of the people -constituting the nation, and founded in the rights of man; the latter -built on conquest and physical force, not at all affecting moral rights, -nor even assented to by the free will of the vanquished. The battle of -Hastings, indeed, was lost, but the natural rights of the nation were -not staked on the event of a single battle. Their will to recover the -Saxon constitution continued unabated, and was at the bottom of all the -unsuccessful insurrections which succeeded in subsequent times. The -victors and vanquished continued in a state of living hostility, and -the nation may still say, after losing the battle of Hastings, - - "What though the field is lost? - All is not lost; the unconquerable will - And study of revenge, immortal hate - And courage never to submit or yield." - -The government of a nation may be usurped by the forcible intrusion of -an individual into the throne. But to conquer its will, so as to rest the -right on that, the only legitimate basis, requires long acquiescence and -cessation of all opposition. The whig historians of England, therefore, -have always gone back to the Saxon period for the true principles of -their constitution, while the tories and Hume, their Coryphæus, date it -from the Norman conquest, and hence conclude that the continual claim -by the nation of the good old Saxon laws, and the struggles to recover -them, were "encroachments of the people on the crown, and not usurpations -of the crown on the people." Hume, with Brodie, should be the last -histories of England to be read. If first read, Hume makes an English -tory, from whence it is an easy step to American toryism. But there is -a history, by Baxter, in which, abridging somewhat by leaving out some -entire incidents as less interesting now than when Hume wrote, he has -given the rest in the identical words of Hume, except that when he comes -to a fact falsified, he states it truly, and when to a suppression of -truth, he supplies it, never otherwise changing a word. It is, in fact, -an editic expurgation of Hume. Those who shrink from the volume of Rapin, -may read this first, and from this lay a first foundation in a basis of -truth. - -For modern continental history, a very general idea may be first aimed -at, leaving for future and occasional reading the particular histories of -such countries as may excite curiosity at the time. This may be obtained -from Mollet's Northern Antiquities, Vol. Esprit et Mœurs des Nations, -Millot's Modern History, Russel's Modern Europe, Hallam's Middle Ages, -and Robertson's Charles V. - -You ask what book I would recommend to be first read in law. I am very -glad to find from a conversation with Mr. Gilmer, that he considers -Coke Littleton, as methodized by Thomas, as unquestionably the best -elementary work, and the one which will be the text book of his school. -It is now as agreeable reading as Blackstone, and much more profound. I -pray you to consider this hasty and imperfect sketch as intended merely -to prove my wish to be useful to you, and that with it you will accept -the assurance of my esteem and respect. - - -TO THE HONORABLE J. EVELYN DENISON, M. P. - - MONTICELLO, November 9, 1825. - -DEAR SIR,--Your favor of July 30th was duly received, and we have now -at hand the books you have been so kind as to send to our University. -They are truly acceptable in themselves, for we might have been years -not knowing of their existence; but give the greater pleasure as -evidence of the interest you have taken in our infant institution. It -is going on as successfully as we could have expected; and I have no -reason to regret the measure taken of procuring Professors from abroad -where science is so much ahead of us. You witnessed some of the puny -squibs of which I was the butt on that account. They were probably -from disappointed candidates, whose unworthiness had occasioned their -applications to be passed over. The measure has been generally approved -in the South and West; and by all liberal minds in the North. It has -been peculiarly fortunate, too, that the Professors brought from abroad -were as happy selections as could have been hoped, as well for their -qualifications in science as correctness and amiableness of character. -I think the example will be followed, and that it cannot fail to be one -of the efficacious means of promoting that cordial good will, which it -is so much the interest of both nations to cherish. These teachers can -never utter an unfriendly sentiment towards their native country; and -those into whom their instructions will be infused, are not of ordinary -significance only: they are exactly the persons who are to succeed to -the government of our country, and to rule its future enmities, its -friendships and fortunes. As it is our interest to receive instruction -through this channel, so I think it is yours to furnish it; for these -two nations holding cordially together, have nothing to fear from the -united world. They will be the models for regenerating the condition of -man, the sources from which representative government is to flow over -the whole earth. - -I learn from you with great pleasure, that a taste is reviving in -England for the recovery of the Anglo-Saxon dialect of our language; -for a mere dialect it is, as much as those of Piers Plowman, Gower, -Douglas, Chaucer, Spenser, Shakspeare, Milton, for even much of Milton -is already antiquated. The Anglo-Saxon is only the earliest we possess -of the many shades of mutation by which the language has tapered down -to its modern form. Vocabularies we need for each of these stages from -Somner to Bailey, but not grammars for each or any of them. The grammar -has changed so little, in the descent from the earliest, to the present -form, that a little observation suffices to understand its variations. We -are greatly indebted to the worthies who have preserved the Anglo-Saxon -form, from Doctor Hickes down to Mr. Bosworth. Had they not given to the -public what we possess through the press, that dialect would by this -time have been irrecoverably lost. I think it, however, a misfortune -that they have endeavored to give it too much of a learned form, to -mount it on all the scaffolding of the Greek and Latin, to load it with -their genders, numbers, cases, declensions, conjugations, &c. Strip it -of these embarrassments, vest it in the Roman type which we have adopted -instead of our English black letter, reform its uncouth orthography, -and assimilate its pronunciation, as much as may be, to the present -English, just as we do in reading Piers Plowman or Chaucer, and with the -cotemporary vocabulary for the few lost words, we understand it as we do -them. For example, the Anglo-Saxon text of the Lord's prayer, as given -us 6th Matthew, ix., is spelt and written thus, in the equivalent Roman -type: "Faeder ure thee the eart in heafenum, si thin nama ychalgod. To -becume thin rice. Gerrurthe thin willa on eartham, swa swa on heofenum. -Ume doeghw amli can hlaf syle us to dœg. And forgyfus ure gyltas, swa swa -we forgifath urum gyltendum. And ne ge-lœdde thu us on costnunge, ae alys -us of yfele." I should spell and pronounce thus: "Father our, thou tha -art in heavenum, si thine name y-hallowed. Come thin ric-y-wurth thine -will on eartham, so so on heavenum: ourn daynhamlican loaf sell us to-day, -and forgive us our guilts so so we forgiveth ourum guiltendum. And no -y-lead thou us on costnunge, ac a-lease us of evil." And here it is to -be observed by-the-bye, that there is but the single word "temptation" -in our present version of this prayer that is not Anglo-Saxon; for the -word "trespasses" taken from the French, (οφειληματα in the original) -might as well have been translated by the Anglo-Saxon "guilts." - -The learned apparatus in which Dr. Hickes and his successors have muffled -our Anglo-Saxon, is what has frightened us from encountering it. The -simplification I propose may, on the contrary, make it a regular part -of our common English education. - -So little reading and writing was there among our Anglo-Saxon ancestors -of that day, that they had no fixed orthography. To produce a given sound, -every one jumbled the letters together, according to his unlettered notion -of their power, and all jumbled them differently, just as would be done -at this day, were a dozen peasants, who have learnt the alphabet, but -have never read, desired to write the Lord's prayer. Hence the varied -modes of spelling by which the Anglo-Saxons meant to express the same -sound. The word _many_, for example, was spelt in twenty different ways; -yet we cannot suppose they were twenty different words, or that they -had twenty different ways of pronouncing the same word. The Anglo-Saxon -orthography, then, is not an exact representation of the sounds meant to -be conveyed. We must drop in pronunciation the superfluous consonants, -and give to the remaining letters their present English sound; because, -not knowing the true one, the present enunciation is as likely to be -right as any other, and indeed more so, and facilitates the acquisition -of the language. - -It is much to be wished that the publication of the present county -dialects of England should go on. It will restore to us our language -in all its shades of variation. It will incorporate into the present -one all the riches of our ancient dialects; and what a store this will -be, may be seen by running the eye over the county glossaries, and -observing the words we have lost by abandonment and disuse, which in -sound and sense are inferior to nothing we have retained. When these -local vocabularies are published and digested together into a single -one, it is probable we shall find that there is not a word in Shakspeare -which is not now in use in some of the counties in England, from whence -we may obtain its true sense. And what an exchange will their recovery -be for the volumes of idle commentaries and conjectures with which that -divine poet has been masked and metamorphosed. We shall find in him new -sublimities which we had never tasted before, and find beauties in our -ancient poets which are lost to us now. It is not that I am merely an -enthusiast for Palæology. I set equal value on the beautiful engraftments -we have borrowed from Greece and Rome, and I am equally a friend to the -encouragement of a judicious neology: a language cannot be too rich. -The more copious, the more susceptible of embellishment it will become. -There are several things wanting to promote this improvement. To reprint -the Saxon books in modern type; reform their orthography; publish in the -same way the treasures still existing in manuscript. And, more than all -things, we want, a dictionary on the plan of Stephens or Scapula, in -which the Saxon root, placed alphabetically, shall be followed by all -its cognate modifications of nouns, verbs, &c., whether Anglo-Saxon, or -found in the dialects of subsequent ages. We want, too, an elaborate -history of the English language. In time our country may be able to -co-operate with you in these labors, of common advantage, but as yet -it is too much a blank, calling for other and more pressing attentions. -We have too much to do in the improvements of which it is susceptible, -and which are deemed more immediately useful. Literature is not yet a -distinct profession with us. Now and then a strong mind arises, and at -its intervals of leisure from business, emits a flash of light. But the -first object of young societies is bread and covering; science is but -secondary and subsequent. - -I owe apology for this long letter. It must be found in the circumstance -of its subject having made an interesting part in the tenor of your -letter, and in my attachment to it. It is a hobby which too often runs -away with me where I meant not to give up the rein. Our youth seem -disposed to mount it with me, and to begin their course where mine is -ending. - -Our family recollects with pleasure the visit with which you favored us; -and join me in assuring you of our friendly and respectful recollections, -and of the gratification it will ever be to us to hear of your health -and welfare. - - -TO MR. LEWIS M. WISS. - - MONTICELLO, November 27, 1825. - -SIR,--Disqualified by age and ill health from undertaking minute -investigations, I find it will be easier for me to state to you my -proposition of a lock-dock, for laying up vessels, high and dry, than -to investigate yours. You will then judge for yourself whether any part -of mine has anticipated any part of yours. - -While I was at Washington, in the administration of the government, -Congress was much divided in opinion on the subject of a navy, a part -of them wishing to go extensively into preparation of a fleet, another -part opposed to it, on the objection that the repairs and preservation -of a ship, even idle in harbor, in ten or twelve years, amount to her -original cost. It has been estimated in England, that if they could -be sure of peace a dozen years it would be cheaper for them to burn -their fleet, and build a new one when wanting, than to keep the old one -in repair during that term. I learnt that, in Venice, there were then -ships, lying on their original stocks, ready for launching at any moment, -which had been so for eighty years, and were still in a state of perfect -preservation; and that this was effected by disposing of them in docks -pumped dry, and kept so by constant pumping. It occurred to me that this -expense of constant pumping might be saved by combining a lock with the -common wet dock, wherever there was a running stream of water, the bed -of which, within a reasonable distance, was of a sufficient height above -the high-water level of the harbor. This was the case at the navy-yard, -on the eastern branch at Washington, the high-water line of which was -seventy-eight feet lower than the ground on which the Capitol stands, -and to which it was found that the water of the Tyber creek could be -brought for watering the city. My proposition then was as follows: Let -_a b_ be the high-water level of the harbor, and the vessel to be laid -up draw eighteen feet water. Make a chamber A twenty feet deep below -high water and twenty feet high above it, as _c d e f_, and at the upper -end make another chamber, B, - - c f - +----------------------------------------------+ - | . | g - a b | . B | - | . | - ..............|..........A........+--------------------------| h - | | i - | | - d | | e - +-------------------+ - -the bottom of which should be in the high-water level, and the tops twenty -feet above that. _g h_ is the water of the Tyber. When the vessel is -to be introduced, open the gate at _c b a_. The tide water rises in the -chamber A to the level _b i_, and floats the vessel in with it. Shut the -gate _c b d_ and open that of _f i_. The water of the Tyber fills both -chambers to the level _c f g_, and the vessel floats into the chamber -B; then opening both gates _c b d_ and _f i_, the water flows out, and -the vessel settles down on the stays previously prepared at the bottom -_i h_ to receive her. The gate at _g h_ must of course be closed, and -the water of the feeding stream be diverted elsewhere. The chamber B is -to have a roof over it of the construction of that over the meal market -at Paris, except that that is hemispherical, this semi-cylindrical. For -this construction see Delenne's architecture, whose invention it was. -The diameter of the dome of the meal market is considerably over one -hundred feet. - -It will be seen at once, that instead of making the chamber B of -sufficient width and length for a single vessel only, it may be widened -to whatever span the semi-circular framing of the roof can be trusted, -and to whatever length you please, so as to admit two or more vessels -in breadth, and as many in length as the localities render expedient. - -I had a model of this lock-dock made and exhibited in the President's -house, during the session of Congress at which it was proposed. But the -advocates for a navy did not fancy it, and those opposed to the building -of ships altogether, were equally indisposed to provide protection for -them. Ridicule was also resorted to, the ordinary substitute for reason, -when that fails, and the proposition was past over. I then thought and -still think the measure wise, to have a proper number of vessels always -ready to be launched, with nothing unfinished about them, except the -planting their masts, which must of necessity be omitted, to be brought -under a roof. Having no view in this proposition but to combine for the -public a provision for defence, with economy in its preservation, I have -thought no more of it since. And if any of my ideas anticipated yours, -you are welcome to appropriate them to yourself, without objection on -my part, and, with this assurance, I pray you to accept that of my best -wishes and respects. - - -To ----.[19] - - MONTICELLO. December 18, 1825. - -DEAR SIR,--Your letters are always welcome, the last more than all others, -its subject being one of the dearest to my heart. To my grand-daughter -your commendations cannot fail to be an object of high ambition, as -a certain passport to the good opinion of the world. If she does not -cultivate them with assiduity and affection, she will illy fulfil my -parting injunctions. I trust she will merit a continuance of your favor, -and find in her new situation the general esteem she so happily possessed -in the society she left. You tell me she repeated to you an expression -of mine, that I should be willing to go again over the scenes of past -life. I should not be unwilling, without, however, wishing it; and why -not? I have enjoyed a greater share of health than falls to the lot of -most men; my spirits have never failed me except under those paroxysms -of grief which you, as well as myself, have experienced in every form, -and with good health and good spirits, the pleasures surely outweigh the -pains of life. Why not, then, taste them again, fat and lean together? -Were I indeed permitted to cut off from the train the last seven years, -the balance would be much in favor of treading the ground over again. -Being at that period in the neighborhood of our warm springs, and well -in health, I wished to be better, and tried them. They destroyed, in -a great degree, my internal organism, and I have never since had a -moment of perfect health. I have now been eight months confined almost -constantly to the house, with now and then intervals of a few days on -which I could get on horseback. - -I presume you have received a copy of the life of Richard H. Lee, from -his grandson of the same name, author of the work. You and I know that -he merited much during the revolution. Eloquent, bold, and ever watchful -at his post, of which his biographer omits no proof. I am not certain -whether the friends of George Mason, of Patrick Henry, yourself, and -even of General Washington, may not reclaim some feathers of the plumage -given him, noble as was his proper and original coat. But on this subject -I will anticipate your own judgment. - -I learn with sincere pleasure that you have experienced lately a great -renovation of your health. That it may continue to the ultimate period -of your wishes is the sincere prayer of _usque ad eras amicissimi tui_. - -FOOTNOTE: - - [19] Address lost. - - -TO JAMES MADISON. - - MONTICELLO, December 24, 1825. - -DEAR SIR,--I have for some time considered the question of internal -improvement as desperate. The torrent of general opinion sets so -strongly in favor of it as to be irresistible. And I suppose that even -the opposition in Congress will hereafter be feeble and formal, unless -something can be done which may give a gleam of encouragement to our -friends, or alarm their opponents in their fancied security. I learn from -Richmond that those who think with us there are in a state of perfect -dismay, not knowing what to do or what to propose. Mr. Gordon, our -representative, particularly, has written to me in very desponding terms, -not disposed to yield indeed, but pressing for opinions and advice on -the subject. I have no doubt you are pressed in the same way, and I hope -you have devised and recommended something to them. If you have, stop -here and read no more, but consider all that follows as _non-avenue_. -I shall be better satisfied to adopt implicitly anything which you may -have advised, than anything occurring to myself. For I have long ceased -to think on subjects of this kind, and pay little attention to public -proceedings. But if you have done nothing in it, then I risk for your -consideration what has occurred to me, and is expressed in the enclosed -paper.[20] Bailey's propositions, which came to hand since I wrote the -paper, and which I suppose to have come from the President himself, show -a little hesitation in the purposes of his party; and in that state of -mind, a bolt shot critically may decide the contest by its effect on -the less bold. The olive branch held out to them at this moment may be -accepted, and the constitution thus saved at a moderate sacrifice. I say -nothing of the paper, which will explain itself. The following heads of -consideration, or some of them, may weigh in its favor: - -It may intimidate the wavering. It may break the western coalition, by -offering the same thing in a different form. It will be viewed with favor -in contrast with the Georgia opposition and fear of strengthening that. -It will be an example of a temperate mode of opposition in future and -similar cases. It will delay the measure a year at least. It will give -us the chance of better times and of intervening accidents; and in no -way place us in a worse than our present situation. I do not dwell on -these topics; your mind will develop them. - -The first question is, whether you approve of doing anything of the kind. -If not, send it back to me, and it shall be suppressed; for I would not -hazard so important a measure against your opinion, nor even without -its support. If you think it may be a canvass on which to put something -good, make what alterations you please, and I will forward it to Gordon, -under the most sacred injunctions that it shall be so used as that not a -shadow of suspicion shall fall on you or myself, that it has come from -either of us. But what you do, do as promptly as your convenience will -admit, lest it should be anticipated by something worse. - -Ever and affectionately yours. - -FOOTNOTE: - - [20] See under head of "Miscellaneous Papers," the paper - here alluded to, entitled, "The solemn Declaration and - Protest of the Commonwealth of Virginia on the principles - of the Constitution of the United States of America, and on - the violations of them." - - -TO WILLIAM B. GILES. - - MONTICELLO, December 25, 1825. - -DEAR SIR,--Your favor of the 15th was received four days ago. It found -me engaged in what I could not lay aside till this day. - -Far advanced in my eighty-third year, worn down with infirmities which -have confined me almost entirely to the house for seven or eight months -past, it afflicts me much to receive appeals to my memory for transactions -so far back as that which is the subject of your letter. My memory is -indeed become almost a blank, of which no better proof can probably -be given you than by my solemn protestation, that I have not the least -recollection of your intervention between Mr. John Q. Adams and myself, -in what passed on the subject of the embargo. Not the slightest trace -of it remains in my mind. Yet I have no doubt of the exactitude of the -statement in your letter. And the less, as I recollect the interview -with Mr. Adams, to which the previous communications which had passed -between him and yourself were probably and naturally the preliminary. -That interview I remember well; not indeed in the very words which passed -between us, but in their substance, which was of a character too awful, -too deeply engraved in my mind, and influencing too materially the course -I had to pursue, ever to be forgotten. Mr. Adams called on me pending -the embargo, and while endeavors were making to obtain its repeal. He -made some apologies for the call, on the ground of our not being then -in the habit of confidential communications, but that that which he had -then to make, involved too seriously the interest of our country not -to overrule all other considerations with him, and make it his duty to -reveal it to myself particularly. I assured him there was no occasion -for any apology for his visit; that, on the contrary, his communications -would be thankfully received, and would add a confirmation the more to -my entire confidence in the rectitude and patriotism of his conduct and -principles. He spoke then of the dissatisfaction of the eastern portion -of our confederacy with the restraints of the embargo then existing, and -their restlessness under it. That there was nothing which might not be -attempted, to rid themselves of it. That he had information of the most -unquestionable certainty, that certain citizens of the eastern States -(I think he named Massachusetts particularly) were in negotiation with -agents of the British government, the object of which was an agreement -that the New England States should take no further part in the war then -going on; that, without formally declaring their separation from the -Union of the States, they should withdraw from all aid and obedience to -them; that their navigation and commerce should be free from restraint -and interruption by the British; that they should be considered and -treated by them as neutrals, and as such might conduct themselves towards -both parties; and, at the close of the war, be at liberty to rejoin -the confederacy. He assured me that there was eminent danger that the -convention would take place; that the temptations were such as might -debauch many from their fidelity to the Union; and that, to enable its -friends to make head against it, the repeal of the embargo was absolutely -necessary. I expressed a just sense of the merit of this information, and -of the importance of the disclosure to the safety and even the salvation -of our country; and however reluctant I was to abandon the measure, -(a measure which persevered in a little longer, we had subsequent and -satisfactory assurance would have effected its object completely,) from -that moment, and influenced by that information, I saw the necessity -of abandoning it, and instead of effecting our purpose by this peaceful -weapon, we must fight it out, or break the Union. I then recommended to -yield to the necessity of a repeal of the embargo, and to endeavor to -supply its place by the best substitute, in which they could procure a -general concurrence. - -I cannot too often repeat, that this statement is not pretended to be in -the very words which passed; that it only gives faithfully the impression -remaining on my mind. The very words of a conversation are too transient -and fugitive to be so long retained in remembrance. But the substance -was too important to be forgotten, not only from the revolution of -measures it obliged me to adopt, but also from the renewals of it in -my memory on the frequent occasions I have had of doing justice to Mr. -Adams, by repeating this proof of his fidelity to his country, and of -his superiority over all ordinary considerations when the safety of that -was brought into question. - -With this best exertion of a waning memory which I can command, accept -assurances of my constant and affectionate friendship and respect. - - -TO WILLIAM B. GILES. - - MONTICELLO, December 26, 1825. - -DEAR SIR,--I wrote you a letter yesterday, of which you will be free to -make what use you please. This will contain matters not intended for the -public eye. I see, as you do, and with the deepest affliction, the rapid -strides with which the federal branch of our government is advancing -towards the usurpation of all the rights reserved to the States, and the -consolidation in itself of all powers, foreign and domestic; and that -too, by constructions which, if legitimate, leave no limits to their -power. Take together the decisions of the federal court, the doctrines -of the President, and the misconstructions of the constitutional -compact acted on by the legislature of the federal branch, and it is -but too evident, that the three ruling branches of that department are -in combination to strip their colleagues, the State authorities, of -the powers reserved by them, and to exercise themselves all functions -foreign and domestic. Under the power to regulate commerce, they assume -indefinitely that also over agriculture and manufactures, and call it -regulation to take the earnings of one of these branches of industry, -and that too the most depressed, and put them into the pockets of the -other, the most flourishing of all. Under the authority to establish post -roads, they claim that of cutting down mountains for the construction of -roads, of digging canals, and aided by a little sophistry on the words -"general welfare," a right to do, not only the acts to effect that, -which are specifically enumerated and permitted, but whatsoever they -shall think, or pretend will be for the general welfare. And what is our -resource for the preservation of the constitution? Reason and argument? -You might as well reason and argue with the marble columns encircling -them. The representatives chosen by ourselves? They are joined in the -combination, some from incorrect views of government, some from corrupt -ones, sufficient voting together to out-number the sound parts; and -with majorities only of one, two, or three, bold enough to go forward -in defiance. Are we then _to stand to our arms_, with the hot-headed -Georgian? No. That must be the last resource, not to be thought of until -much longer and greater sufferings. If every infraction of a compact of -so many parties is to be resisted at once, as a dissolution of it, none -can ever be formed which would last one year. We must have patience and -longer endurance then with our brethren while under delusion; give them -time for reflection and experience of consequences; keep ourselves in a -situation to profit by the chapter of accidents; and separate from our -companions only when the sole alternatives left, are the dissolution of -our Union with them, or submission to a government without limitation of -powers. Between these two evils, when we must make a choice, there can -be no hesitation. But in the meanwhile, the States should be watchful to -note every material usurpation on their rights; to denounce them as they -occur in the most peremptory terms; to protest against them as wrongs to -which our present submission shall be considered, not as acknowledgments -or precedents of right, but as a temporary yielding to the lesser evil, -until their accumulation shall overweigh that of separation. I would go -still further, and give to the federal member, by a regular amendment of -the constitution, a right to make roads and canals of intercommunication -between the States, providing sufficiently against corrupt practices in -Congress, (log-rolling, &c.,) by declaring that the federal proportion of -each State of the moneys so employed, shall be in works within the State, -or elsewhere with its consent, and with a due _salvo_ of jurisdiction. -This is the course which I think safest and best as yet. - -You ask my opinion of the propriety of giving publicity to what is stated -in your letter, as having passed between Mr. John Q. Adams and yourself. -Of this no one can judge but yourself. It is one of those questions which -belong to the forum of feeling. This alone can decide on the degree of -confidence implied in the disclosure; whether under no circumstances -it was to be communicated to others? It does not seem to be of that -character, or at all to wear that aspect. They are historical facts which -belong to the present, as well as future times. I doubt whether a single -fact, known to the world, will carry as clear conviction to it, of the -correctness of our knowledge of the treasonable views of the federal -party of that day, as that disclosed by this, the most nefarious and -daring attempt to dissever the Union, of which the Hartford convention -was a subsequent chapter; and both of these having failed, consolidation -becomes the fourth chapter of the next book of their history. But this -opens with a vast accession of strength from their younger recruits, who, -having nothing in them of the feelings or principles of '76, now look to -a single and splendid government of an aristocracy, founded on banking -institutions, and moneyed incorporations under the guise and cloak of -their favored branches of manufactures, commerce and navigation, riding -and ruling over the plundered ploughman and beggared yeomanry. This will -be to them a next best blessing to the monarchy of their first aim, and -perhaps the surest stepping-stone to it. - -I learn with great satisfaction that your school is thriving well, -and that you have at its head a truly classical scholar. He is one -of three or four whom I can hear of in the State. We were obliged the -last year to receive shameful Latinists into the classical school of -the University, such as we will certainly refuse as soon as we can get -from better schools a sufficiency of those properly instructed to form -a class. We must get rid of this Connecticut Latin, of this barbarous -confusion of long and short syllables, which renders doubtful whether -we are listening to a reader of Cherokee, Shawnee, Iroquois, or what. -Our University has been most fortunate in the five professors procured -from England. A finer selection could not have been made. Besides their -being of a grade of science which has left little superior behind, the -correctness of their moral character, their accommodating dispositions, -and zeal for the prosperity of the institution, leave us nothing more -to wish. I verily believe that as high a degree of education can now be -obtained here, as in the country they left. And a finer set of youths I -never saw assembled for instruction. They committed some irregularities -at first, until they learned the lawful length of their tether; since -which it has never been transgressed in the smallest degree. A great -proportion of them are severely devoted to study, and I fear not to -say that within twelve or fifteen years from this time, a majority of -the rulers of our State will have been educated here. They shall carry -hence the correct principles of our day, and you may count assuredly -that they will exhibit their country in a degree of sound respectability -it has never known, either in our days, or those of our forefathers. I -cannot live to see it. My joy must only be that of anticipation. But -that you may see it in full fruition, is the probable consequence of -the twenty years I am ahead of you in time, and is the sincere prayer -of your affectionate and constant friend. - - -TO CLAIBORNE W. GOOCH. - - MONTICELLO, January 9, 1826. - -DEAR SIR,--I have duly received your favor of December the 31st, and -fear, with you, all the evils which the present lowering aspect of -our political horizon so ominously portends. That at some future day, -which I hoped to be very distant, the free principles of our government -might change with the change of circumstances was to be expected. But I -certainly did not expect that they would not over-live the generation -which established them. And what I still less expected was, that my -favorite western country was to be made the instrument of change. I had -ever and fondly cherished the interests of that country, relying on it -as a barrier against the degeneracy of public opinion from our original -and free principles. But the bait of local interests, artfully prepared -for their palate, has decoyed them from their kindred attachments, to -alliances alien to them. Yet although I have little hope that the torrent -of consolidation can be withstood, I should not be for giving up the ship -without efforts to save her. She lived well through the first squall, -and may weather the present one. But, dear Sir, I am not the champion -called for by our present dangers. "Non tali auxilio, nee defensoribus -istis, tempus eget." A waning body, a waning mind, and waning memory, -with habitual ill health, warn me to withdraw and relinquish the arena -to younger and abler athletes. I am sensible myself, if others are not, -that this is my duty. If my distant friends know it not, those around -me can inform them that they should not, in friendship, wish to call -me into conflicts, exposing only the decays which nature has inscribed -among her unalterable laws, and injuring the common cause by a senile -and puny defence. - -I will, however, say one word on the subject. The South Carolina -resolutions, Van Buren's motion, and above all Bayley's propositions, -show that other States are coming forward on the subject, and better for -any one to take the lead than Virginia, where opposition is considered -as common-place, and a mere matter of form and habit. We shall see what -our co-States propose, and before the close of the session we may shape -our own course more understandingly. - -Accept the assurance of my great esteem and respect. - - -To----.[21] - - MONTICELLO, January 21, 1826. - -DEAR SIR,--Your favor of January 15th is received, and I am entirely -sensible of the kindness of the motives which suggested the caution it -recommended. But I believe what I have done is the only thing I could -have done with honor or conscience. Mr. Giles requested me to state a -fact which he knew himself, and of which he knew me to be possessed. What -use he intended to make of it I knew not, nor had I a right to inquire, -or to indicate any suspicion that he would make an unfair one. That was -his concern, not mine, and his character was sufficient to sustain the -responsibility for it. I knew, too, that if an uncandid use should be -made of it, there would be found those who would so prove it. Independent -of the terms of intimate friendship in which Mr. Giles and myself have -ever lived together, the world's respect entitled him to the justice -of my testimony to any truth he might call for; and how that testimony -should connect me with whatever he may do or write hereafter, and with -his whole career, as you apprehend, is not understood by me. With his -personal controversies I have nothing to do. I never took any part in -them, or in those of any other person. Add to this, that the statement -I have given him on the subject of Mr. Adams, is entirely honorable to -him in every sentiment and fact it contains. There is not a word in it -which I would wish to recall. It is one which Mr. Adams himself might -willingly quote, did he need to quote anything. It was simply that during -the continuance of the embargo, Mr. Adams informed me of a combination -(without naming any one concerned in it,) which had for its object a -severance of the Union, for a time at least. That Mr. Adams and myself -not being then in the habit of mutual consultation and confidence, I -considered it as the stronger proof of the purity of his patriotism, which -was able to lift him above all party passions when the safety of his -country was endangered. Nor have I kept this honorable fact to myself. -During the late canvas, particularly, I had more than one occasion to -quote it to persons who were expressing opinions respecting him, of which -this was a direct corrective. I have never entertained for Mr. Adams any -but sentiments of esteem and respect; and if we have not thought alike -on political subjects, I yet never doubted the honesty of his opinions, -of which the letter in question, if published, will be an additional -proof. Still, I recognize your friendship in suggesting a review of it, -and am glad of this, as of every other occasion of repeating to you the -assurance of my constant attachment and respect. - -FOOTNOTE: - - [21] Address lost. - - -TO JAMES MADISON. - - MONTICELLO, February 17, 1826. - -DEAR SIR,-- * * * * * - -Immediately on seeing the overwhelming vote of the House of -Representatives against giving us another dollar, I rode to the -University and desired Mr. Brockenbrough to engage in nothing new, to -stop everything on hand which could be done without, and to employ all -his force and funds in finishing the circular room for the hooks, and -the anatomical theatre. These cannot be done without: and for these -and all our debts we have funds enough. But I think it prudent then -to clear the decks thoroughly, to see how we shall stand, and what we -may accomplish further. In the meantime, there have arrived for us in -different ports of the United States, ten boxes of books from Paris, seven -from London, and from Germany I know not how many; in all, perhaps, about -twenty-five boxes. Not one of these can be opened until the book-room -is completely finished, and all the shelves ready to receive their -charge directly from the boxes as they shall be opened. This cannot be -till May. I hear nothing definitive of the three thousand dollars duty -of which we are asking the remission from Congress. In the selection -of our Law Professor, we must be rigorously attentive to his political -principles. You will recollect that before the revolution, Coke Littleton -was the universal elementary book of law students, and a sounder whig -never wrote, nor of profounder learning in the orthodox doctrines of -the British constitution, or in what were called English liberties. -You remember also that our lawyers were then all whigs. But when his -black-letter text, and uncouth but cunning learning got out of fashion, -and the honied Mansfieldism of Blackstone became the students' hornbook, -from that moment, that profession (the nursery of our Congress) began -to slide into toryism, and nearly all the young brood of lawyers now -are of that hue. They suppose themselves, indeed, to be whigs, because -they no longer know what whigism or republicanism means. It is in our -seminary that that vestal flame is to be kept alive; it is thence it is -to spread anew over our own and the sister States. If we are true and -vigilant in our trust, within a dozen or twenty years a majority of our -own legislature will be from one school, and many disciples will have -carried its doctrines home with them to their several States, and will -have leavened thus the whole mass. New York has taken strong ground in -vindication of the constitution; South Carolina had already done the -same. Although I was against our leading, I am equally against omitting -to follow in the same line, and backing them firmly; and I hope that -yourself or some other will mark out the track to be pursued by us. - -You will have seen in the newspapers some proceedings in the legislature, -which have cost me much mortification. My own debts had become -considerable, but not beyond the effect of some lopping of property, -which would have been little felt, when our friend * * * * * gave me -the _coup de grace_. Ever since that I have been paying twelve hundred -dollars a year interest on his debt, which, with my own, was absorbing -so much of my annual income, as that the maintenance of my family was -making deep and rapid inroads on my capital, and had already done it. -Still, sales at a fair price would leave me competently provided. Had -crops and prices for several years been such as to maintain a steady -competition of substantial bidders at market, all would have been safe. -But the long succession of years of stunted crops, of reduced prices, -the general prostration of the farming business, under levies for the -support of manufacturers, &c., with the calamitous fluctuations of -value in our paper medium, have kept agriculture in a state of abject -depression, which has peopled the western States by silently breaking -up those on the Atlantic, and glutted the land market, while it drew off -its bidders. In such a state of things, property has lost its character -of being a resource for debts. Highland in Bedford, which, in the days -of our plethory, sold readily for from fifty to one hundred dollars -the acre, (and such sales were many then,) would not now sell for more -than from ten to twenty dollars, or one-quarter or one-fifth of its -former price. Reflecting on these things, the practice occurred to me, -of selling, on fair valuation, and by way of lottery, often resorted to -before the Revolution to effect large sales, and still in constant usage -in every State for individual as well as corporation purposes. If it -is permitted in my case, my lands here alone, with the mills, &c., will -pay every thing, and leave me Monticello and a farm free. If refused, I -must sell everything here, perhaps considerably in Bedford, move thither -with my family, where I have not even a log hut to put my head into, and -whether ground for burial, will depend on the depredations which, under -the form of sales, shall have been committed on my property. The question -then with me was _ultrum horum_? But why afflict you with these details? -Indeed, I cannot tell, unless pains are lessened by communication with -a friend. The friendship which has subsisted between us, now half a -century, and the harmony of our political principles and pursuits, have -been sources of constant happiness to me through that long period. And -if I remove beyond the reach of attentions to the University, or beyond -the bourne of life itself, as I soon must, it is a comfort to leave that -institution under your care, and an assurance that it will not be wanting. -It has also been a great solace to me, to believe that you are engaged -in vindicating to posterity the course we have pursued for preserving -to them, in all their purity, the blessings of self-government, which -we had assisted too in acquiring for them. If ever the earth has beheld -a system of administration conducted with a single and steadfast eye to -the general interest and happiness of those committed to it, one which, -protected by truth, can never know reproach, it is that to which our -lives have been devoted. To myself you have been a pillar of support -through life. Take care of me when dead, and be assured that I shall -leave with you my last affections. - - -TO JOHN ADAMS. - - MONTICELLO, March 25, 1826. - -DEAR SIR,--My grandson, Thomas J. Randolph, the bearer of this letter, -being on a visit to Boston, would think he had seen nothing were he to -leave without seeing you. Although I truly sympathize with you in the -trouble these interruptions give, yet I must ask for him permission to -pay to you his personal respects. Like other young people, he wishes to -be able in the winter nights of old age, to recount to those around him, -what he has heard and learnt of the heroic age preceding his birth, and -which of the Argonauts individually he was in time to have seen. - -It was the lot of our early years to witness nothing but the dull -monotony of a colonial subservience; and of our riper years, to breast -the labors and perils of working out of it. Theirs are the Halcyon calms -succeeding the storm which our Argosy had so stoutly weathered. Gratify -his ambition then, by receiving his best bow; and my solicitude for your -health, by enabling him to bring me a favorable account of it. Mine is -but indifferent, but not so my friendship and respect for you. - - -TO JOHN QUINCY ADAMS. - - MONTICELLO, March 30, 1826. - -DEAR SIR,--I am thankful for the very interesting message and documents -of which you have been so kind as to send me a copy, and will state -my recollections as to the particular passage of the message to which -you ask my attention. On the conclusion of peace, Congress, sensible -of their right to assume independence, would not condescend to ask its -acknowledgment from other nations, yet were willing, by some of the -ordinary international transactions, to receive what would imply that -acknowledgment. They appointed commissioners, therefore, to propose -treaties of commerce to the principal nations of Europe. I was then a -member of Congress, was of the committee appointed to prepare instructions -for the commissioners, was, as you suppose, the draughtsman of those -actually agreed to, and was joined with your father and Dr. Franklin, -to carry them into execution. But the stipulations making part of these -instructions, which respected privateering, blockades, contraband, and -freedom of the fisheries, were not original conceptions of mine. They had -before been suggested by Dr. Franklin, in some of his papers in possession -of the public, and had, I think, been recommended in some letter of -his to Congress. I happen only to have been the inserter of them in the -first public act which gave the formal sanction of a public authority. -We accordingly proposed our treaties, containing these stipulations, -to the principal governments of Europe. But we were then just emerged -from a subordinate condition; the nations had as yet known nothing of -us, and had not yet reflected on the relations which it might be their -interest to establish with us. Most of them, therefore, listened to our -propositions with coyness and reserve; old Frederic alone closing with us -without hesitation. The negotiator of Portugal, indeed, signed a treaty -with us, which his government did not ratify, and Tuscany was near a -final agreement. Becoming sensible, however, ourselves, that we should -do nothing with the greater powers, we thought it better not to hamper -our country with engagements to those of less significance, and suffered -our powers to expire without closing any other negotiations. Austria soon -after became desirous of a treaty with us, and her ambassador pressed -it often on me; but our commerce with her being no object, I evaded her -repeated invitations. Had these governments been then apprized of the -station we should so soon occupy among nations, all, I believe, would -have met us promptly and with frankness. These principles would then -have been established with all, and from being the conventional law with -us alone, would have slid into their engagements with one another, and -become general. These are the facts within my recollection. They have -not yet got into written history; but their adoption by our southern -brethren will bring them into observance, and make them, what they should -be, a part of the law of the world, and of the reformation of principles -for which they will be indebted to us. I pray you to accept the homage -of my friendly and high consideration. - - -TO THE HONORABLE EDWARD EVERETT. - - MONTICELLO, April 8, 1826. - -DEAR SIR,--I thank you for the very able and eloquent speech you have been -so kind as to send me on the amendment of the constitution, proposed by -Mr. McDuffie. I have read it with pleasure and satisfaction, and concur -with much of its contents. On the question of the lawfulness of slavery, -that is of the right of one man to appropriate to himself the faculties -of another without his consent, I certainly retain my early opinions. -On that, however, of third persons to interfere between the parties, -and the effect of conventional modifications of that pretension, we are -probably nearer together. I think with you, also, that the constitution -of the United States is a compact of independent nations subject to the -rules acknowledged in similar cases, as well that of amendment provided -within itself, as, in case of abuse, the justly dreaded hut unavoidable -_ultimo ratio gentium_. The report on the Panama question mentioned in -your letter has as I suppose, got separated by the way. It will probably -come by another mail. In some of the letters you have been kind enough to -write me, I have been made to hope the favor of a visit from Washington. -It would be received with sincere welcome, and unwillingly relinquished -if no circumstance should render it inconvenient to yourself. I repeat -always with pleasure the assurances of my great esteem and respect. - - -TO DR. EMMETT, PROFESSOR OF NATURAL HISTORY AT THE UNIVERSITY OF VIRGINIA. - - MONTICELLO, April 27, 1826. - -DEAR SIR,--It is time to think of the introduction of the school of -Botany into our institution. Not that I suppose the lectures can be begun -in the present year, but that we may this year make the preparations -necessary for commencing them the next. For that branch, I presume, can -be taught advantageously only during the short season while nature is -in general bloom, say during a certain portion of the months of April -and May, when, suspending the other branches of your department, that -of Botany may claim your exclusive attention. Of this, however, you are -to be the judge, as well as of what I may now propose on the subject of -preparation. I will do this in writing, while sitting at my table, and -at ease, because I can rally there, for your consideration, with more -composure than in extempore conversation, my thoughts on what we have -to do in the present season. - -I suppose you were well acquainted, by character, if not personally, -with the late Abbé Correa, who past some time among us, first as a -distinguished savant of Europe, and afterwards as ambassador of Portugal, -resident with our government. Profoundly learned in several other branches -of science, he was so, above all others, in that of Botany; in which he -preferred an amalgamation of the methods of Linnæus and of Jussieu, to -either of them exclusively. Our institution being then on hand, in which -that was of course to be one of the subjects of instruction, I availed -myself of his presence and friendship to obtain from him a general idea -of the extent of ground we should employ, and the number and character -of the plants we should introduce into it. He accordingly sketched for me -a mere outline of the scale he would recommend, restrained altogether to -objects of use, and indulging not at all in things of mere curiosity, and -especially not yet thinking of a hot-house, or even of a green-house. I -enclose you a copy of his paper, which was the more satisfactory to me, -as it coincided with the moderate views to which our endowments as yet -confine us. I am still the more satisfied, as it seemed to be confirmed by -your own way of thinking, as I understood it in our conversation of the -other day. To your judgment altogether his ideas will be submitted, as -well as my own, now to be suggested as to the operations of the present -year, preparatory to the commencement of the school in the next. - -1. Our first operation must be the selection of a piece of ground of -proper soil and site, suppose of about six acres, as M. Correa proposes. -In choosing this we are to regard the circumstances of soil, water, and -distance. I have diligently examined all our grounds with this view, -and think that that on the public road, at the upper corner of our -possessions, where the stream issues from them, has more of the requisite -qualities than any other spot we possess.[22] 170 yards square, taken at -that angle, would make the six acres we want. But the angle at the road -is acute, and the form of the ground will be trapezoid, not square. I -would take, therefore, for its breadth, all the ground between the road -and the dam of the brick ponds, extending eastwardly up the hill, as -far and as wide as our quantity would require. The bottom ground would -suit for the garden plants; the hill sides for the trees. - -2. Operation. Enclose the ground with a serpentine brick wall seven feet -high. This would take about 80,000 bricks, and cost $800, and it must -depend on our finances whether they will afford that immediately, or -allow us, for awhile, but enclosure of posts and rails. - -3. Operation. Form all the hill sides into level terrasses of convenient -breadth, curving with the hill, and the level ground into beds and alleys. - -4. Operation. Make out a list of the plants thought necessary and -sufficient for botanical purposes, and of the trees we propose to -introduce, and take measures in time for procuring them. - -As to the seeds of plants, much may be obtained from the gardeners of our -own country. I have, moreover, a special resource. For three-and-twenty -years of the last twenty-five, my good old friend Thonin, superintendent -of the garden of plants at Paris, has regularly sent me a box of seeds, -of such exotics, as to us, as would suit our climate, and containing -nothing indigenous to our country. These I regularly sent to the public -and private gardens of the other States, having as yet no employment for -them here. But during the last two years this envoi has been intermitted. -I know not why. I will immediately write and request a re-commencement -of that kind office, on the ground that we can now employ them ourselves. -They can be here in early spring. - -The trees I should propose would be exotics of distinguished usefulness, -and accommodated to our climate; such as the Larch, Cedar of Libanus, -Cork, Oak, the Maronnier, Mahogany? the Catachu or Indian rubber tree -of Napul, (30°) Teak tree, or Indian oak of Burman, (23°) the various -woods of Brazil, &c. - -The seed of the Larch can be obtained from a tree at Monticello. Cones -of the Cedar of Libanus are in most of our seed shops, but may be had -fresh from the trees in the English gardens. The Maronnier and Cork-oak, -I can obtain from France. There is a Maronnier at Mount Vernon, but it is -a seedling, and not therefore select. The others maybe got through the -means of our ministers and consuls in the countries where they grow, or -from the seed shops of England, where they may very possibly be found. -Lastly, a gardener of sufficient skill must be obtained. - -This, dear Sir, is the sum of what occurs to me at present; think of -it, and let us at once enter on the operations. - -Accept my friendly and respectful salutations. - -FOOTNOTE: - - [22] To wit, 19,360 square yards = 4 acres for the garden of plants. - 9,680 " " = 2 acres for the plants of trees. - ------ - 29,040 square yards = 6 acres in the whole. - - -TO DOCTOR JOHN P. EMMET. - - MONTICELLO, May 2, 1826. - -DEAR SIR,--The difficulties suggested in your favor of the 28th ult., -are those which must occur at the commencement of every undertaking. A -full view of the subject however will, I think, solve them. In every -meditated enterprise, the means we can employ are to be estimated, -and to these must be proportioned our expectations of effect. If, for -example, to the cultivation of a given field we can devote but one hundred -dollars, we are not to expect the product which $1,000 would extract -from it. Applying this principle to the present subject of education, -from a revenue of $15,000, and with eight Professors, we cannot expect to -obtain that grade of instruction to our youth, which 15,000 guineas and -thirty or forty instructors would give. Reviewing, then, the branches of -science in which we wish our youth to obtain some instruction, we must -distribute them into so many groups as we can employ Professors, and -as equally too as practicable. We must take into account also the time -which our youths can generally afford to the whole circle of education, -and proportion the extent of instruction in each branch to the quota -of that time, and of the Professor's attention which may fall to its -share. In the smallest of our academies, two Professors alone can be -afforded,--one of languages, another of sciences, or of Philosophy, as -he is generally styled. The degree of instruction which can be given -in each branch, at these schools, must be very moderate. Yet there are -youths whose means can afford no more, and who nevertheless are glad -even of that. The most highly endowed of our Seminaries has a revenue of -perhaps $25,000 or $30,000. They consequently may subdivide the sciences -into twelve or fifteen schools, and give a proportionably more minute -degree of instruction in each. It has enabled them, for example, to have -five or six Professors of Theology. In Europe, some of their literary -institutions can afford to employ twenty, thirty, or forty Professors. -Our legislature, contemplating their means, took their stand at a revenue -of $15,000, meant for an establishment of ten Professors, but equal in -fact to eight only. Accommodating ourselves, therefore, to their views, -we had to distribute into eight groups those sciences in which we wished -our youth should receive instruction, and to content ourselves with -the portion which that number could give. On the Professors it would of -course devolve to form their lectures on such a scale of extension only, -as to give to each of the sciences allotted them its due share of their -time. - -But another material question is, what is the whole term of time which -the students can give to the whole course of instruction? I should say -that three years should be allowed to general education, and two, or -rather three, to the particular profession for which they are destined. -We receive our students at the age of sixteen, expected to be previously -so far qualified in the languages, ancient and modern, as that one year -in our schools shall suffice for their last polish. A student then with -us may give his first year here to languages and Mathematics; his second -to Mathematics and Physics; his third to Physics and Chemistry, with -the other objects of that school. I particularize this distribution -merely for illustration, and not as that which either is, or perhaps -ought to be established. This would ascribe one year to Languages, two -to Mathematics, two to Physics, and one to Chemistry and its associates. -Let us see next how the items of your school may be accommodated to -this scale; but by way of illustration only, as before. The allotments -to your school are Botany, Zoology, Mineralogy, Chemistry, Geology and -Rural Economy. This last, however, need not be considered as a distinct -branch, but as one which may be sufficiently treated by seasonable -alliances with the kindred subjects of Chemistry, Botany and Zoology. -Suppose then you give twelve dozen lectures a year; say two dozen to -Botany and Zoology, two dozen to Mineralogy and Geology, and eight dozen -to Chemistry. Or I should think that Mineralogy, Geology and Chemistry -might be advantageously blended in the same course. Then your year would -be formed into two grand divisions; one-third to Botany and Zoology, and -two-thirds to Chemistry and its associates, Mineralogy and Geology. To -the last, indeed, I would give the least possible time. To learn, as far -as observation has informed us, the ordinary arrangement of the different -strata of minerals in the earth, to know from their habitual collocations -and proximities, where we find one mineral, whether another, for which we -are seeking, may be expected to be in its neighborhood, is useful. But -the dreams about the modes of creation, inquiries whether our globe has -been formed by the agency of fire or water, how many millions of years -it has cost Vulcan or Neptune to produce what the fiat of the Creator -would effect by a single act of will, is too idle to be worth a single -hour of any man's life. You will say that two-thirds of a year, or any -better estimated partition of it, can give but an inadequate knowledge -of the whole science of Chemistry. But consider that we do not expect -our schools to turn out their alumni already enthroned on the pinnacles -of their respective sciences; but only so far advanced in each as to be -able to pursue them by themselves, and to become Newtons and La Places -by energies and perseverances to be continued through life. I have said -that our original plan comprehended ten Professors, and we hope to be -able ere long to supply the other two. One should relieve the Medical -Professor from Anatomy and Surgery, and a school for the other would be -made up of the surcharges of yours, and that of Physics. - -From these views of the subject, dear Sir, your only difficulty appears -to be so to proportion the time you can give to the different branches -committed to you, as to bring, within the compass of a year, for example, -that degree of instruction in each which the year will afford. This may -require some experience, and continued efforts at condensation. But, -once effected, it will place your mind at ease, and give to our country -a result proportioned to the means it furnishes, and which ought to -satisfy, and will satisfy, all reasonable men. I am certain it will -those to whom the charge and direction of this institution have been -particularly confided, and to none assuredly more than to him from whom -your doubts have drawn this unauthoritative exposition of the public -expectations. And, with this assurance, be pleased to accept that of my -sincerely friendly esteem and respect. - -DEAR SIR,--After sealing the enclosed letter, it occurred to me that -being on a general subject, and one equally applicable to the cases -of your colleagues, the other Professors, I should wish it to be read -by them also. It may produce an union of views, and harmony of action, -which may be useful to the Institution. Yours affectionately. - - -TO ----. - - MONTICELLO, May 15, 1826. - -DEAR SIR,--The sentiments of justice which have dictated your letters -of the 3d and 9th inst., are worthy of all praise, and merit and meet -my thankful acknowledgments. Were your father now living and proposing, -as you are, to publish a second edition of his memoirs, I am satisfied -he would give a very different aspect to the pages of that work which -respect Arnold's invasion and surprise of Richmond, in the winter of -1780-81. He was then, I believe, in South Carolina, too distant from -the scene of those transactions to relate them on his own knowledge, -or even to sift them from the chaff of the rumors then afloat, rumors -which vanished soon before the real truth, as vapors before the sun, -obliterated by their notoriety, from every candid mind, and by the voice -of the many who, as actors or spectators knew what had truly past. The -facts shall speak for themselves. - -General Washington had just given notice to all the Governors on the -sea-board, north and south, that an embarcation was taking place at -New York, destined for the _southward, as was given out there_; and on -Sunday the 31st of December, 1780, we received information that a fleet -had entered our capes. It happened fortunately that our legislature -was at that moment in session, and within two days of their rising, so -that, during these two days, we had the benefit of their presence, and -of the counsel and information of the members individually. On Monday -the 1st of January, we were in suspense as to the destination of this -fleet, whether up the bay, or up our river. On Tuesday at 10 o'clock, -however, we received information that they had entered James river; -and, on general advice, we instantly prepared orders for calling in the -militia, one-half from the nearer counties, and a fourth from the more -remote, which would constitute a force of between four and five thousand -men, of which orders the members of the legislature, which adjourned -that day, took charge, each to his respective county; and we began the -removal of everything from Richmond. The wind being fair and strong, the -enemy ascended the river as rapidly almost as the expresses could ride, -who were dispatched to us from time to time, to notify their progress. -At 5 P. M. on Thursday, we learnt that they had then been three hours -landed at Westover. The whole militia of the adjacent counties were now -called for, and to come on individually, without waiting any regular -array. At 1 P. M. the next day, (Friday,) they entered Richmond, and -on Saturday, after twenty-four hours possession, burning some houses, -destroying property, &c., they retreated, encamped that evening ten miles -below, and reached their shipping at Westover the next day, (Sunday.) - -By this time had assembled three hundred militia under Colonel Nicholas, -six miles above Westover, and two hundred under General Nelson, at -Charles city Court House, eight miles below. Two or three hundred at -Petersburg had put themselves under General Smallwood, of Maryland, -accidentally there on his passage through the State; and Baron Steuben -with eight hundred, and Colonel Gibson with one thousand, were also -on the south side of James river, aiming to reach Hood's before the -enemy should have passed it, where they hoped they could arrest them. -But the wind, having shifted, carried them down as prosperously as it -had brought them up the river. Within the first five days, therefore, -about twenty-five hundred men had collected at three or four different -points, ready for junction. I was absent myself from Richmond (but always -within observing distance of the enemy) three days only, during which -I was never off my horse but to take food or rest, and was everywhere -where my presence could be of any service; and I may with confidence -challenge any one to put his finger on the point of time when I was in a -state of remissness from any duty of my station. But I was not with the -army! true; for first, where was it? second, I was engaged in the more -important function of taking measures to collect an army; and, without -military education myself, instead of jeopardizing the public safety by -pretending to take its command, of which I knew nothing, I had committed -it to persons of the art, men who knew how to make the best use of it, -to Steuben for instance, to Nelson and others, possessing that military -skill and experience, of which I had none. - -Let our condition, too, at that time be duly considered. Without arms, -without money of effect, without a regular soldier in the State, or a -regular officer, except Steuben, a militia scattered over the country, -and called at a moment's warning to leave their families and firesides, -in the dead of winter, to meet an enemy ready marshalled, and prepared -at all points to receive them. Yet had time been given them by the hasty -retreat of that enemy, I have no doubt but the rush to arms, and to the -protection of their country, would have been as rapid and universal as in -the invasion during our late war, when, at the first moment of notice, -our citizens rose in mass, from every part of the State, and without -waiting to be marshalled by their officers, armed themselves, and marched -off by ones and by twos, as quickly as they could equip themselves. -Of the individuals of the same house one would start in the morning, a -second at noon, a third in the evening, no one waiting an hour for the -company of another. This I saw myself on the late occasion, and should -have seen on the former had wind, and tide, and a Howe, instead of an -Arnold, slackened their pace ever so little. - -And is the surprise of an open and unarmed place, although called a city, -and even a capital, so unprecedented as to be a matter of indelible -reproach? Which of our own capitals during the same war, was not in -possession of the same enemy, not merely by surprise and for a day only, -but permanently? That of Georgia? of South Carolina? North Carolina? -Pennsylvania? New York? Connecticut? Rhode Island? Massachusetts? And -if others were not, it was because the enemy saw no object in taking -possession of them. Add to the list in the late war, Washington, the -metropolis of the Union, covered by a fort, with troops and a dense -population. And what capital on the continent of Europe, (St. Petersburg -and its regions of ice excepted,) did not Bonaparte take and hold at -his pleasure? Is it then just that Richmond and its authorities alone -should be placed under the reproach of history, because, in a moment -of peculiar denudation of resources, by the _coup de main_ of an enemy, -led on by the hand of fortune directing the winds and weather to their -wishes, it was surprised and held for twenty-four hours? Or strange -that that enemy with such advantages, should be enabled then to get off, -without risking the honors he had achieved by burnings and destructions -of property peculiar to his principles of warfare? We, at least, may -leave these glories to their own trumpet. - -During this crisis of trial I was left alone, unassisted by the -co-operation of a single public functionary. For, with the legislature, -every member of the council had departed to take care of his own family. -Unaided even in my bodily labors, but by my horse, and he, exhausted -at length by fatigue, sunk under me in the public road, where I had to -leave him, and with my saddle and bridle on my shoulders, to walk afoot -to the nearest farm, where I borrowed an unbroken colt, and proceeded -to Manchester, opposite to Richmond, which the enemy had evacuated a -few hours before. - -Without further pursuing these minute details, I will here ask the -favor of you to turn to Girardin's History of Virginia, where such of -them as are worthy the notice of history, are related in that scale of -extension which its objects admit. That work was written at Milton, -within two or three miles of Monticello; and at the request of the -author, I communicated to him every paper I possessed on the subject, -of which he made the use he thought proper for his work. [See his pages -453, 460, and the appendix xi.-xv.] I can assure you of the truth of -every fact he has drawn from these papers, and of the genuineness of -such as he has taken the trouble of copying. It happened that during -those eight days of incessant labor, for the benefit of my own memory, -I carefully noted every circumstance worth it. These memorandums were -often written on horseback, and on scraps of paper taken out of my -pocket at the moment, fortunately preserved to this day, and now lying -before me. I wish you could see them. But my papers of that period are -stitched together in large masses, and so tattered and tender as not to -admit removal further than from their shelves to a reading table. They -bear an internal evidence of fidelity which must carry conviction to -every one who sees them. We have nothing in our neighborhood which could -compensate the trouble of a visit to it, unless perhaps our University, -which I believe you have not seen, and I can assure you is worth seeing. -Should you think so, I would ask as much of your time at Monticello -as would enable you to examine these papers at your ease. Many others -too are interspersed among them, which have relation to your object, -many letters from Generals Gates, Greene, Stephens and others engaged -in the Southern war, and in the North also. All should be laid open to -you without reserve, for there is not a truth existing which I fear, or -would wish unknown to the whole world. During the invasions of Arnold, -Phillips and Cornwallis, until my time of office had expired, I made it -a point, once a week, by letters to the President of Congress, and to -General Washington, to give them an exact narrative of the transactions -of the week. These letters should still be in the office of state in -Washington, and in the presses at Mount Vernon. Or, if the former were -destroyed by the conflagrations of the British, the latter are surely -safe, and may be appealed to in corroboration of what I have now written. - -There is another transaction, very erroneously stated in the same work, -which although not concerning myself, is within my own knowledge, and I -think it a duty to communicate it to you. I am sorry that not being in -possession of a copy of the memoirs, I am not able to quote the page, -and still less the facts themselves, verbatim from the text. But of the -substance, as recollected, I am certain. It is said there that, about -the time of Tarleton's expedition up the north branch of James river -to Charlottesville and Monticello, Simcoe was detached up the southern -branch, and penetrated as far as New London, in Bedford, where he -destroyed a depôt of arms, &c., &c. I was with my family, at the time, at -a possession I have within three miles of New London, and I can assure -you of my own knowledge that he did not advance to within fifty miles -of New London. Having reached the lower end of Buckingham, as I have -understood, he heard of a deposit of arms, and a party of new recruits -under Baron Steuben, somewhere in Prince Edward; he left the Buckingham -road immediately, at or near Francisco's, pushed directly south at this -new object, was disappointed, and returned to and down James river to -head quarters. I had then returned to Monticello myself, and from thence -saw the smokes of his conflagration of houses and property on that river, -as they successively arose in the horizon at a distance of twenty-five -or thirty miles. I must repeat that his excursion from Francisco's is -not from my own knowledge, but as I have heard it from the inhabitants -on the Buckingham road, which for many years I travelled six or eight -times a year. The particulars of that, therefore, may need inquiry and -correction. - -These are all the recollections within the scope of your request, which -I can state with precision and certainty; and of these you are free to -make what use you think proper in the new edition of your father's work; -and with which I pray you to accept the assurances of my great esteem -and respect. - - -TO MR. WEIGHTMAN. - - MONTICELLO, June 24, 1826. - -RESPECTED SIR,--The kind invitation I receive from you, on the part of -the citizens of the city of Washington, to be present with them at their -celebration on the fiftieth anniversary of American Independence, as one -of the surviving signers of an instrument pregnant with our own, and the -fate of the world, is most flattering to myself, and heightened by the -honorable accompaniment proposed for the comfort of such a journey. It -adds sensibly to the sufferings of sickness, to be deprived by it of a -personal participation in the rejoicings of that day. But acquiescence -is a duty, under circumstances not placed among those we are permitted to -control. I should, indeed, with peculiar delight, have met and exchanged -there congratulations personally with the small band, the remnant of -that host of worthies, who joined with us on that day, in the bold and -doubtful election we were to make for our country, between submission -or the sword; and to have enjoyed with them the consolatory fact, that -our fellow citizens, after half a century of experience and prosperity, -continue to approve the choice we made. May it be to the world, what I -believe it will be, (to some parts sooner, to others later, but finally to -all,) the signal of arousing men to burst the chains under which monkish -ignorance and superstition had persuaded them to bind themselves, and to -assume the blessings and security of self-government. That form which we -have substituted, restores the free right to the unbounded exercise of -reason and freedom of opinion. All eyes are opened, or opening, to the -rights of man. The general spread of the light of science has already -laid open to every view the palpable truth, that the mass of mankind has -not been born with saddles on their backs, nor a favored few booted and -spurred, ready to ride them legitimately, by the grace of God. These -are grounds of hope for others. For ourselves, let the annual return -of this day forever refresh our recollections of these rights, and an -undiminished devotion to them. - -I will ask permission here to express the pleasure with which I -should have met my ancient neighbors of the city of Washington and -its vicinities, with whom I passed so many years of a pleasing social -intercourse; an intercourse which so much relieved the anxieties of the -public cares, and left impressions so deeply engraved in my affections, -as never to be forgotten. With my regret that ill health forbids me -the gratification of an acceptance, be pleased to receive for yourself, -and those for whom you write, the assurance of my highest respect and -friendly attachments. - - - - -BOOK III. - -OFFICIAL PAPERS - - - PART I.--REPORTS AND OPINIONS WHILE SECRETARY - OF STATE. - - " II.--INAUGURAL ADDRESSES AND MESSAGES. - - " III.--REPLIES TO PUBLIC ADDRESSES. - - " IV.--INDIAN ADDRESSES. - - - - -INTRODUCTORY TO BOOK III. - - -This division of the work embraces all the important official papers of -Thomas Jefferson, from the time at which he entered upon the duties of -the Secretaryship of State to the end of his Presidential term, with -the exception of his official letters, a part of which will be found -printed in Book II., devoted to his general correspondence, both official -and private. It being the wish of the Library committee, under whose -supervision this work has been prepared, that it should be compressed -within as few volumes as was consistent with justice to the reputation -of the author, and the great body of Mr. Jefferson's official letters -having been already published among the American State Papers and Sparks' -Diplomatic Correspondence, the most interesting and valuable only have -been selected for re-publication in this work, as specimens of the -author's manner in the preparation of such papers. All omitted here will -be found in the publications just referred to. - -The official papers embraced in this division of the work, have been -classified, for the purposes of easy reference, under the following heads: - -PART I.--_Reports and Opinions while Secretary of State._--Under this head -are included Jefferson's Reports to Congress, which have been published -before; also, his Reports to the President, and his Cabinet Opinions, -both of which were private, and are now for the first time given to the -public. It seems to have been the practice of Washington, to take the -written opinions of his Secretaries upon important points arising during -his administration, and the opinions of Jefferson, here published, were -given in reply to questions propounded and points submitted to him by -the President, in conformity with this practice. They relate to a great -variety of matters connected with the early history of our government, -and the principles of interpretation to be applied to the Federal -Constitution, and will be found interesting and valuable. - -PART II.--_Inaugural Address and Messages._--During the administration -of Washington and Adams, it was the custom of the President, at the -opening of each session of Congress, to meet both Houses in person, and -deliver a written speech, to which, in the course of a few days, each -House would return an answer through a committee appointed to wait upon -him, he, at the same time, returning a brief reply. Mr. Jefferson, at -the beginning of his Presidential term, changed this system. Instead -of meeting the Houses of Congress in person, and addressing to them a -speech, he sent them a written message, thus substituting messages for -speeches. His reasons for this change were the greater convenience of -messages over speeches, the economy of time, and the relief of Congress -from the necessity of answering on subjects in regard to which they were -often very imperfectly informed. The general opinion of the country at -the time seems to have approved the change; and the mode of communicating -with Congress by messages in preference to speeches, has been invariably -adopted by the Presidents ever since. - -This division of the work contains Jefferson's Inaugural Address and -regular and special messages. - -PART III.--_Replies to Public Addresses._--The public addresses received -by Mr. Jefferson, and answered by him, were very numerous. This was -particularly the case at the time of the Embargo, the attack on the -Chesapeake, and the termination of his Presidential service. The plan of -this work does not admit the publication of the whole of these Addresses -and Replies; nor, indeed, is there any necessity for it. It is only -necessary that a few of the Replies should be published, as specimens of -the rest. This has been done, selecting such as have the highest claim, -and omitting none which possess any historical value. - -PART IV.--_Indian Addresses._--There is a number of these Addresses. -They possess a certain interest as exhibiting the humane policy of our -government towards the Indians, our efforts to civilize them, to make -them agriculturists, to keep them at peace with ourselves and with each -other, and the manner in which their lands were acquired from them, always -by purchase, with their own free consent. Some of the most important -have, therefore, been incorporated in the work. - - - - -PART I. - -REPORTS AND OPINIONS WHILE SECRETARY OF STATE. - - -I.--_Report on the methods for obtaining Fresh Water from Salt._ - -The Secretary of State, to whom was referred by the House of -Representatives of the United States, the petition of Jacob Isaacs of -Newport in Rhode Island, has examined into the truth and importance of -the allegations therein set forth, and makes thereon the following report: - -The petitioner sets forth, that by various experiments, with considerable -labor and expense, he has discovered a method of converting salt-water -into fresh, in the proportion of 8 parts out of 10, by a process so -simple that it may be performed on board of vessels at sea by the common -iron caboose, with small alterations, by the same fire, and in the same -time, which is used for cooking the ship's provisions, and offers to -convey to the government of the United States a faithful account of -his art or secret, to be used by, or within the United States, on their -giving to him a reward suitable to the importance of the discovery, and -in the opinion of government, adequate to his expenses and the time he -has devoted to the bringing it into effect. - -In order to ascertain the merit of the petitioner's discovery, it becomes -necessary to examine the advances already made in the art of converting -salt-water into fresh. - -Lord Bacon, to whom the world is indebted for the first germs of so -many branches of science, had observed, that with a heat sufficient for -distillation, salt will not rise in vapor, and that salt-water distilled -is fresh; and it would seem, that all mankind might have observed that -the earth is supplied with fresh water chiefly by exhalation from the -sea, which is, in fact, an insensible distillation effected by the heat -of the sun; yet this, although the most obvious, was not the first idea -in the essays for converting salt-water into fresh; filtration was tried -in vain, and congelation could be resorted to only in the coldest regions -and seasons. In all the earlier trials by distillation, some mixture was -thought necessary to aid the operation by a partial precipitation of the -salt, and other foreign matters contained in sea-water. Of this kind, -were the methods of Sir Richard Hawkins in the sixteenth century, of -Glauber, Hauton, and Lister, in the seventeenth, and of Hales, Appleby, -Butler, Chapman, Hoffman, and Dore, in the eighteenth; nor was there -anything in these methods worthy noting on the present occasion, except -the very simple still contrived extempore by Captain Chapman, and made -from such materials as are to be found on board every ship, great or -small; this was a common pot, with a wooded lid of the usual form; in -the centre of which a hole was bored to receive perpendicularly, a short -wooden tube made with an inch-and-a-half auger, which perpendicular -tube received at its top, and at an acute angle, another tube of wood -also, which descended until it joined a third of pewter made by rolling -up a dish and passing it obliquely through a cask of cold water; with -this simple machine he obtained two quarts of fresh water an hour, and -observed that the expense of fuel would be very trifling, if the still -was contrived to stand on the fire along with the ship's boiler. - -In 1762, Doctor Lind, proposing to make experiment of several different -mixtures, first distilled rain-water, which he supposed would be the -purest, and then sea-water, without any mixture, which he expected -would be the least pure, in order to arrange between these two supposed -extremes, the degree of merit of the several ingredients he meant to -try; "to his great surprise," as he confesses, the sea-water distilled -without any mixture, was as pure as the rain-water; he pursued the -discovery and established the fact, that a pure and potable fresh water -may be obtained from salt-water by simple distillation, without the -aid of any mixture for fining or precipitating its foreign contents. -In 1767, he proposed an extempore still, which, in fact, was Chapman's, -only substituting a gun-barrel instead of Chapman's pewter tube, and the -hand-pump of the ship to be cut in two obliquely and joined again at an -acute angle, instead of Chapman's wooden tubes bored expressly; or instead -of the wooden lid and upright tube, he proposed a tea-kettle (without -its lid or handle) to be turned bottom upwards over the mouth of the -pot by way of still-head, and a wooden tube leading from the spout to a -gun-barrel passing through a cask of water, the whole luted with equal -parts of chalk and meal moistened with salt-water. With this apparatus -of a pot, tea-kettle, and gun-barrel, the Dolphin, a twenty-gun ship, -in her voyage around the world in 1768, from 56 gallons of sea-water -and with 9 lbs. of wood and 69 lbs. of pit-coal made 42 gallons of good -fresh water, at the rate of 8 gallons an hour. The Dorsetshire, in her -passage from Gibraltar to Mahon in 1769, made 19 quarts of pure water in -four hours with 10 lbs. of wood, and the Slambal in 1773, between Bombay -and Bengal, with the hand-pump, gun-barrel, and a pot of 6 gallons of -sea-water, made ten quarts of fresh water in three hours. - -In 1771, Dr. Irvin putting together Lind's idea of distilling without -a mixture, Chapman's still, and Dr. Franklin's method of cooling by -evaporation, obtained a premium of five thousand pounds from the British -parliament. He wet his tube constantly with a mop instead of passing -it through a cask of water; he enlarged its bore also, in order to -give a free passage to the vapor, and thereby increase its quantity by -lessening the resistance or pressure on the evaporating surface. This -last improvement was his own; it doubtless contributed to the success -of his process; and we may suppose the enlargement of the tube to be -useful to that point at which the central parts of the vapor passing -through it would begin to escape condensation. Lord Mulgrave used his -method in his voyage towards the north pole in 1773, making from 34 to -40 gallons of fresh water a day, without any great addition of fuel, as -he says. - -M. de Bougainville, in his voyage round the world, used very successfully -a still which had been contrived in 1763 by Poyssonier to guard against -the water being thrown over from the boiler into the pipe, by the -agitation of the ship. In this, one singularity was, that the furnace or -fire-box was in the middle of the boiler, so that the water surrounded -it in contact. This still, however, was expensive, and occupied much room. - -Such was the advances already made in the art of obtaining fresh from -salt-water, when Mr. Isaacs, the petitioner, suggested his discovery. As -the merit of this could be ascertained by experiment only, the Secretary -of State asked the favor of Mr. Rittenhouse, President of the American -Philosophical Society, of Dr. Wistar, professor of chemistry in the -college at Philadelphia, and Dr. Hutchinson, professor of chemistry in -the University of Pennsylvania, to be present at the experiments. Mr. -Isaacs fixed the pot, a small caboose, with a tin cap and straight tube -of tin passing obliquely through a cask of cold water; he made use of a -mixture, the composition of which he did not explain, and from 24 pints -of sea-water, taken up about three miles out of the Capes of Delaware, -at flood-tide, he distilled 22 pints of fresh water in four hours with -20 lbs. of seasoned pine, which was a little wetted by having lain in -the rain. - -In a second experiment of the 21st of March, performed in a furnace, -and five-gallon still at the college, from 32 pints of sea-water he -drew 31 pints of fresh water in 7 hours and 24 minutes, with 51 lbs. of -hickory, which had been cut about six months. In order to decide whether -Mr. Isaacs' mixture contributed in any and what degree to the success -of the operation, it was thought proper to repeat his experiment under -the same circumstances exactly, except the omission of the mixture. -Accordingly, on the next day, the same quantity of sea-water was put -into the same still, the same furnace was used, and fuel from the same -parcel; it yielded, as his had done, 31 pints fresh water in 11 minutes -more of time, and with 10 lbs. less of wood. - -On the 24th of March, Mr. Isaacs performed a third experiment. For this, -a common iron pot of three and a half gallons was fixed in brick work, -and the fine from the hearth wound once around this pot spirally, and -then passed off up a chimney. - -The cap was of tin, and a straight tin tube of about two inches diameter -passing obliquely through a barrel of water, served instead of a worm. -From sixteen pints of sea-water he drew off fifteen pints of fresh water, -in two hours fifty-five minutes, with 3 lbs. of dry hickory and 8 lbs. of -seasoned pine. This experiment was also repeated the next day, with the -same apparatus, and fuel from the same parcel; but without the mixture, -sixteen pints of sea-water yielded in like manner fifteen pints of fresh -in one minute more of time, and with ½ lb. less of wood. On the whole, -it was evident that Mr. Isaacs' mixture produced no advantage either in -the process or result of the distillation. - -The distilled water in all these instances, was found on experiment to be -as pure as the best pump water of the city; its taste, indeed, was not -as agreeable, but it was not such as to produce any disgust. In fact, -we drink, in common life, in many places, and under many circumstances, -and almost always at sea, a worse tasted and probably a less wholesome -water. - -The obtaining fresh from salt-water was for ages considered as an -important desideratum for the use of navigators. The process for doing -this by simple distillation is so efficacious, the erecting an extempore -still with such utensils as are found on board of every ship, is so -practicable, as to authorize the assertion that this desideratum is -satisfied to a very useful degree. But though this has been done for -upwards of thirty years, though its reality has been established by the -actual experience of several vessels which have had recourse to it, -yet neither the fact nor the process is known to the mass of seamen, -to whom it would be the most useful, and for whom it was principally -wanted. The Secretary of State is therefore of opinion that since the -subject has now been brought under observation, it should be made the -occasion of disseminating its knowledge generally and effectually among -the seafaring citizens of the United States. The following is one of the -many methods which might be proposed for doing this: Let the clearance -for every vessel sailing from the ports of the United States be printed -on a paper, in the back whereof shall be a printed account of the essays -which have been made for obtaining fresh from salt-water, mentioning -shortly those which have been unsuccessful, and more fully those which -have succeeded, describing the methods which have been found to answer -for constructing extempore stills of such implements as are generally -on board of every vessel, with a recommendation in all cases where they -shall have occasion to resort to this expedient for obtaining water, -to publish the result of their trial in some gazette on their return to -the United States, or to communicate it for publication to the office of -the Secretary of State, in order that others may, by their success, be -encouraged to make similar trials, and be benefited by any improvements -or new ideas which may occur to them in practice. - - -II. _Opinion on the proposition for establishing a Woollen Manufactory -in Virginia._ - -The House of Delegates of Virginia seemed disposed to adventure £2,500 -for the encouragement of this undertaking, but the Senate did not concur. -By their returning to the subject, however, at a subsequent session, and -wishing more specific propositions, it is probable they might be induced -to concur, if they saw a certain provision that their money would not -be paid for nothing. Some unsuccessful experiments heretofore may have -suggested this caution. - -Suppose the propositions brought into some such shape as this: The -undertaker is to contribute £1,000, the State £2,500, viz.: the undertaker -having laid out his £1,000 in the necessary implements to be brought -from Europe, and these being landed in Virginia as a security that he -will proceed, let the State pay for - - the first necessary purposes then to occur £1,000 - - Let it pay him a stipend of £100 a year for the first three - years 300 - - Let it give him a bounty (suppose one-third) on every - yard of woollen cloth equal to good plains, which he - shall weave for five years, not exceeding £250 a year - (20,000 yards) the four first years, and £200 the fifth 1,200 - ------ - £2,500 - -To every workman whom he shall import, let them give, after he shall -have worked in the manufactory five years, warrants for ---- acres of -land, and pay the expenses of survey, patents, &c. [This last article -is to meet the proposition of the undertaker. I do not like it, because -it tends to draw off the manufacturer from his trade. I should better -like a premium to him on his continuance in it; as, for instance, that -he should be free from State taxes as long as he should carry on his -trade.] - -The President's intervention seems necessary till the contracts shall be -concluded. It is presumed he would not like to be embarrassed afterwards -with the details of superintendence. Suppose, in his answer to the -Governor of Virginia, he should say that the undertaker being in Europe, -more specific propositions cannot be obtained from him in time to be laid -before this assembly; that in order to secure to the State the benefits -of the establishment, and yet guard them against an unproductive grant -of money, he thinks some plan like the preceding one might be proposed -to the undertaker. - -That as it is not known whether he would accept it exactly in that form, -it might disappoint the views of the State were they to prescribe that -or any other form rigorously, consequently that a discretionary power -must be given to a certain extent. - -That he would willingly coöperate with their executive in effecting the -contract, and certainly would not conclude it on any terms worse for -the State than those before explained, and that the contracts being once -concluded, his distance and other occupations would oblige him to leave -the execution open to the Executive of the State. - - -III. _The Report on Copper Coinage, communicated to the House of -Representatives, April 15th, 1790._ - - April 14, 1790. - - The Secretary of State, to whom was referred, by the House - of Representatives, the letter of John H. Mitchell, reciting - certain proposals for supplying the United States with copper - coinage, has had the same under consideration, according to - instructions, and begs leave to report thereon as follows: - -The person who wishes to undertake the supply of a copper coinage, sets -forth, that the superiority of his apparatus and process for coining, -enables him to furnish a coinage better and cheaper than can be done by -any country or person whatever; that his dies are engraved by the first -artist in that line in Europe; that his apparatus for striking the edge -at the same blow with the faces, is new, and singularly ingenious; that -he coins by a press on a new principle, and worked by a fire-engine, more -regularly than can be done by hand; that he will deliver any quantity -of coin, of any size and device, of pure, unalloyed copper, wrapped -in paper and packed in casks, ready for shipping, for fourteen pence -sterling the pound. - -The Secretary of State has before been apprized, from other sources -of information, of the great improvements made by this undertaker, in -sundry arts; he is acquainted with the artist who invented the method of -striking the edge, and both faces of the coin at one blow; he has seen -his process and coins, and sent to the former Congress some specimens of -them, with certain offers from him, before he entered into the service -of the present undertaker, (which specimens he takes the liberty of now -submitting to the inspection of the House, as proofs of the superiority -of this method of coinage, in gold and silver as well as copper.) - -He is, therefore, of opinion, that the undertaker, aided by that artist, -and by his own excellent machines, is truly in a condition to furnish -coin in a state of higher perfection than has ever yet been issued -by any nation; that perfection in the engraving is among the greatest -safeguards against counterfeits, because engravers of the first class -are few, and elevated by their rank in their art, far above the base -and dangerous business of counterfeiting. That the perfection of coins -will indeed disappear, after they are for some time worn among other -pieces, and especially where the figures are rather faintly relieved, -as on those of this artist; yet, their high finishing, while new, is -not the less a guard against counterfeits, because these, if carried to -any extent, may be ushered into circulation new, also, and consequently, -may be compared with genuine coins in the same state; that, therefore, -whenever the United States shall be disposed to have a coin of their -own, it will be desirable to aim at this kind of perfection. That this -cannot be better effected, than by availing themselves, if possible, -of the services of the undertaker, and of this artist, whose excellent -methods and machines are said to have abridged, as well as perfected, -the operations of coinage. These operations, however, and their expense, -being new, and unknown here, he is unable to say whether the price -proposed be reasonable or not. He is also uncertain whether, instead of -the larger copper coin, the Legislature might not prefer a lighter one -of billon, or mixed metal, as is practised, with convenience, by several -other nations--a specimen of which kind of coinage is submitted to their -inspection. - -But the propositions under consideration suppose that the work is to be -carried on in a foreign country, and that the implements are to remain -the property of the undertaker; which conditions, in his opinion, render -them inadmissible, for these reasons: - -Coinage is peculiarly an attribute of sovereignty. To transfer its -exercise into another country, is to submit it to another sovereign. - -Its transportation across the ocean, besides the ordinary dangers of the -sea, would expose it to acts of piracy, by the crews to whom it would -be confided, as well as by others apprized of its passage. - -In time of war, it would offer to the enterprises of an enemy, what have -been emphatically called the sinews of war. - -If the war were with the nation within whose territory the coinage is, -the first act of war, or reprisal, might be to arrest this operation, -with the implements and materials coined and uncoined, to be used at -their discretion. - -The reputation and principles of the present undertaker are safeguards -against the abuses of a coinage, carried on in a foreign country, where -no checks could be provided by the proper sovereign, no regulations -established, no police, no guard exercised; in short, none of the numerous -cautions hitherto thought essential at every mint; but in hands less -entitled to confidence, these will become dangers. We may be secured, -indeed, by proper experiments as to the purity of the coin delivered -us according to contract, but we cannot be secured against that which, -though less pure, shall be struck in the genuine die, and protected -against the vigilance of Government, till it shall have entered into -circulation. - -We lose the opportunity of calling in and re-coining the clipped money -in circulation, or we double our risk by a double transportation. - -We lose, in like manner, the resource of coining up our household plate -in the instant of great distress. - -We lose the means of forming artists to continue the works, when the -common accidents of mortality shall have deprived us of those who began -them. - -In fine, the carrying on a coinage in a foreign country, as far as the -Secretary knows, is without example; and general example is weighty -authority. - -He is, therefore, of opinion, on the whole, that a mint, whenever -established, should be established at home; that the superiority, the -merit, and means of the undertaker, will suggest him as the proper person -to be engaged in the establishment and conduct of a mint, on a scale -which, relinquishing nothing in the perfection of the coin, shall be -duly proportioned to our purposes. - -And, in the meanwhile, he is of opinion the present proposals should be -declined. - - -IV.--_Opinion on the question whether the Senate has the right to negative -the grade of persons appointed by the Executive to fill Foreign Missions._ - - NEW YORK, April 24, 1790. - -The constitution having declared that the President shall _nominate_ -and, by and with the advice and consent of the Senate, shall _appoint_ -ambassadors, other public ministers, and consuls, the President desired -my opinion whether the Senate has a right to negative the _grade_ he may -think it expedient to use in a foreign mission as well as the _person_ -to be appointed. - -I think the Senate has no right to negative the _grade_. - -The constitution has divided the powers of government into three branches, -Legislative, Executive and Judiciary, lodging each with a distinct -magistracy. The Legislative it has given completely to the Senate and -House of Representatives. It has declared that the Executive powers -shall be vested in the President, submitting special articles of it to -a negative by the Senate, and it has vested the Judiciary power in the -courts of justice, with certain exceptions also in favor of the Senate. - -The transaction of business with foreign nations is Executive altogether. -It belongs, then, to the head of that department, except as to such -portions of it as are specially submitted to the Senate. Exceptions are -to be construed strictly. - -The constitution itself indeed has taken care to circumscribe this one -within very strict limits; for it gives the _nomination_ of the foreign -agents to the President, the _appointments_ to him and the Senate jointly, -and the _commissioning_ to the President. - -This analysis calls our attention the strict import of each term. To -_nominate_ must be to _propose_. _Appointment_ seems that act of the will -which constitutes or makes the agent, and the _commission_ is the public -evidence of it. But there are still other acts previous to these not -specially enumerated in the constitution, to wit: 1st. The destination -of a mission to the particular country where the public service calls -for it, and second the character or grade to be employed in it. The -natural order of all these is first, destination; second, grade; third, -nomination; fourth, appointment; fifth, commission. If _appointment_ does -not comprehend the neighboring acts of _nomination_ or _commission_, -(and the constitution says it shall not, by giving them exclusively to -the President,) still less can it pretend to comprehend those previous -and more remote, of _destination_ and _grade_. - -The constitution, analyzing the three last, shows they do not comprehend -the two first. The fourth is the only one it submits to the Senate, -shaping it into a right to say that "A or B is unfit to be appointed." -Now, this cannot comprehend a right to say that "A or B is indeed fit -to be appointed," but the grade fixed on is not the fit one to employ, -or, "our connections with the country of his destination are not such -as to call for any mission." - -The Senate is not supposed by the constitution to be acquainted with -the concerns of the Executive department. It was not intended that these -should be communicated to them, nor can they therefore be qualified to -judge of the necessity which calls for a mission to any particular place, -or of the particular grade, more or less marked, which special and secret -circumstances may call for. All this is left to the President. They are -only to see that no unfit person be employed. - -It may be objected that the Senate may by continual negatives on -the _person_, do what amounts to a negative on the _grade_, and so, -indirectly, defeat this right of the President. But this would be a -breach of trust; an abuse of power confided to the Senate, of which that -body cannot be supposed capable. So the President has a power to convoke -the Legislature, and the Senate might defeat that power by refusing -to come. This equally amounts to a negative on the power of convoking. -Yet nobody will say they possess such a negative, or would be capable -of usurping it by such oblique means. If the constitution had meant to -give the Senate a negative on the grade or destination, as well as the -person, it would have said so in direct terms, and not left it to be -effected by a sidewind. It could never mean to give them the use of one -power through the abuse of another. - - -V.--_Opinion upon the validity of a grant made by the State of Georgia -to certain companies of individuals, of a tract of country whereof the -Indian right had never been extinguished, with power to such individuals -to extinguish the Indian right._ - - May 3d, 1790. - -The State of Georgia, having granted to certain individuals a tract of -country, within their chartered limits, whereof the Indian right has -never yet been acquired; with a proviso in the grants, which implies -that those individuals may take measures for extinguishing the Indian -rights under the authority of that Government, it becomes a question -how far this grant is good? - -A society, taking possession of a vacant country, and declaring they mean -to occupy it, does thereby appropriate to themselves as prime occupants -what was before common. A practice introduced since the discovery of -America, authorizes them to go further, and to fix the limits which they -assume to themselves; and it seems, for the common good, to admit this -right to a moderate and reasonable extent. - -If the country, instead of being altogether vacant, is thinly occupied -by another nation, the right of the native forms an exception to that of -the new comers; that is to say, these will only have a right against all -other nations except the natives. Consequently, they have the exclusive -privilege of acquiring the native right by purchase or other just means. -This is called the right of preëmption, and is become a principle of -the law of nations, fundamental with respect to America. There are but -two means of acquiring the native title. First, war; for even war may, -sometimes, give a just title. Second, contracts or treaty. - -The States of America before their present union possessed completely, -each within its own limits, the exclusive right to use these two means -of acquiring the native title, and, by their act of union, they have as -completely ceded both to the general government. Art. 2d, Section 1st. -"The President shall have power, by and with the advice of the Senate, -to make treaties, provided two thirds of the Senators present concur." -Art. 1st, Section 8th, "The Congress shall have power to declare war, to -raise and support armies." Section 10th, "No State shall enter into any -treaty, alliance or confederation. No State shall, without the consent -of Congress, keep troops or ships of war in time of peace, enter into -any agreement or compact with another State or with a foreign power, -or engage in war, unless actually invaded or in such imminent danger as -will not admit of delay." - -These paragraphs of the constitution, declaring that the general -government shall have, and that the particular ones shall not have, the -right of war and treaty, are so explicit that no commentary can explain -them further, nor can any explain them away. Consequently, Georgia, -_possessing the exclusive right to acquire the native title_, but having -relinquished the _means_ of doing it to the general government, can only -have put her grantee into her own condition. She could convey to them -the exclusive right to acquire; but she could not convey what she had -not herself, that is, the means of acquiring. - -For these they must come to the general government, in whose hands they -have been wisely deposited for the purposes both of peace and justice. - -What is to be done? The right of the general government is, in my -opinion, to be maintained. The case is sound, and the means of doing it -as practicable as can ever occur. But respect and friendship should, I -think, mark the conduct of the general towards the particular government, -and explanations should be asked and time and color given them to tread -back their steps before coercion is held up to their view. I am told -there is already a strong party in Georgia opposed to the act of their -government. - -I should think it better then that the first measures, while firm, be -yet so temperate as to secure their alliance and aid to the general -government. - -Might not the eclat of a proclamation revolt their pride and passion, -and throw them hastily into the opposite scale? It will be proper indeed -to require from the government of Georgia, in the first moment, that -while the general government shall be expecting and considering her -explanations, things shall remain in _statu quo_, and not a move be made -towards carrying what they have begun into execution. - -Perhaps it might not be superfluous to send some person to the Indians -interested, to explain to them the views of government and to watch with -their aid the territory in question. - - -VI.--_Opinion in favor of the resolutions of May 21st, 1790 directing -that, in all cases where payment had not been already made, the debts -due to the soldiers of Virginia and North Carolina, should be paid to -the original claimants or their attorneys, and not to their assignees._ - - June 3d, 1790. - -The accounts of the soldiers of Virginia and North Carolina, having -been examined by the proper officer of government, the balances due -to each individual ascertained, and a list of these balances made out, -this list became known to certain persons before the soldiers themselves -had information of it, and those persons, by unfair means, as is said, -and for very inadequate considerations, obtained assignments from many -of the soldiers of whatever sum should be due to them from the public, -without specifying the amount. - -The legislature, to defeat this fraud, passed resolutions on the 21st -of May, 1796, directing that where payment had not been made to the -original claimant in person or his representatives, it shall be made -to him or them personally, or to their attorney, producing a power for -that purpose, attested by two justices of the county where he resides, -and specifying the certain sum he is to receive. - -It has been objected to these resolutions that they annul transfers of -property which were good by the laws under which they were made; that -they take from the assignees their lawful property; are contrary to the -principles of the constitution, which condemn retrospective laws; and -are, therefore, not worthy of the President's approbation. - -I agree in an almost unlimited condemnation of retrospective laws. The -few instances of wrong which they redress are so overweighed by the -insecurity they draw over all property and even over life itself, and -by the atrocious violations of both to which they lead that it is better -to live under the evil than the remedy. - -The only question I shall make is, whether these resolutions annul acts -which were valid when they were done? - -This question respects the laws of Virginia and North Carolina only. -On the latter I am not qualified to decide, and therefore beg leave to -confine myself to the former. - -By the common law of England (adopted in Virginia) the conveyance of a -right to a debt or other thing whereof the party is not in possession, -is not only void, but severely punishable under the names of Maintenance -and Champerty. The Law-merchants, however, which is permitted to have -course between merchants, allows the assignment of a _bill of exchange_ -for the convenience of commerce. This, therefore, forms one exception to -the general rule, that a mere right or thing in action is not assignable. -A second exception has been formed by an English statute (copied into the -laws of Virginia) permitting _promissory notes_ to be assigned. The laws -of Virginia have gone yet further than the statute, and have allowed, -as a third exception, that a _bond_ should be assigned, which cannot -be done even at this day in England. So that, in Virginia, when a debt -has been settled between the parties and put into the form of a bill of -exchange, promissory note or bond, the law admits it to be transferred -by assignment. In all other cases the assignment of a debt is void. - -The debts from the United States to the soldiers of Virginia, not having -been put into either of these forms, the assignments of them were void -in law. - -A creditor may give an order on his debtor in favor of another, but if -the debtor does not accept it, he must be sued in the creditor's name; -which shows that the _order_ does not transfer the property of the -debts. The creditor may appoint another to be his attorney to receive -and recover his debt, and he may covenant that when received the attorney -may apply it to his own use. But he must sue as attorney to the original -proprietor, and not in his own right. - -This proves that a _power of attorney_, with such a _covenant_, does -not transfer the property of the debt. A further proof in both cases is, -that the original creditor may at any time before payment or acceptance -revoke either his order or his power of attorney. - -In that event the person in whose favor they were given has recourse to -a court of equity. When there, the judge examines whether he has done -equity. If he finds his transaction has been a fair one, he gives him -aid. If he finds it has been otherwise, not permitting his court to be -made a handmaid to fraud, he leaves him without remedy in equity as he -was in law. The assignments in the present case, therefore, if unfairly -obtained, as seems to be admitted, are void in equity as they are in law. -And they derive their nullity from the laws under which they were made, -not from the new resolutions of Congress. These are not retrospective. -They only direct their treasurer not to give validity to an assignment -which had it not before, by payments to the assignee until he in whom -the legal property still is, shall order it in such a form as to show -he is apprized of the sum he is to part with, and its readiness to be -paid into his or any other hands, and that he chooses, notwithstanding, -to acquiesce under the fraud which has been practised on him. In that -case he has only to execute before two justices a power of attorney to -the same person, expressing the specific sum of his demand, and it is to -be complied with. Actual payment, in this case, is an important act. If -made to the assignee, it would put the burthen of proof and process on -the original owner. If made to that owner, it puts it on the assignee, -who must then come forward and show that his transaction has been that -of an honest man. - -Government seems to be doing in this what every individual, I think, -would feel himself bound to do in the case of his own debt. For, being -free in the law, to pay to the one or the other, he would certainly give -the advantage to the party who has suffered wrong rather than to him -who has committed it. - -It is not honorable to take a mere legal advantage, when it happens to -be contrary to justice. - -But it is honorable to embrace a salutary principle of law when a -relinquishment of it is solicited only to support a fraud. - -I think the resolutions, therefore, merit approbation. I have before -professed my incompetence to say what are the laws of North Carolina -on this subject. They, like Virginia, adopted the English laws in the -gross. These laws forbid in general the buying and selling of debts, and -their policy in this is so wise that I presume they had not changed it -till the contrary be shown. - - -VII.--_Plan for establishing uniformity in the Coinage, Weights, -and Measures of the United States. Communicated to the House of -Representatives, July 13, 1790._ - - NEW YORK, July 4, 1790. - -SIR:--In obedience to the order of the House of Representatives of -January 15th, I have now the honor to enclose you a report on the subject -of measures, weights, and coins. The length of time which intervened -between the date of the order and my arrival in this city, prevented my -receiving it till the 15th of April; and an illness which followed soon -after added, unavoidably, some weeks to the delay; so that it was not -till about the 20th May that I was able to finish the report. A desire -to lessen the number of its imperfections induced me still to withhold -it awhile, till, on the 15th of June, came to my hands, from Paris, a -printed copy of a proposition made by the Bishop of Autun, to the National -Assembly of France, on the subject of weights and measures; and three -days afterwards I received, through the channel of the public papers, -the speech of Sir John Riggs Miller, of April 13th, in the British House -of Commons, on the same subject. In the report which I had prepared, and -was then about to give in, I had proposed the latitude of 38°, as that -which should fix our standard, because it was the medium latitude of -the United States; but the proposition before the National Assembly of -France, to take that of 45° as being a middle term between the equator -and both poles, and a term which consequently might unite the nations of -both hemispheres, appeared to me so well chosen, and so just, that I did -not hesitate a moment to prefer it to that of 38°. It became necessary, -of course, to conform all my calculations to that standard--an operation -which has been retarded by my other occupations. - -These circumstances will, I hope, apologize for the delay which has -attended the execution of the order of the House; and, perhaps, a -disposition on their part to have due regard for the proceedings of other -nations, engaged on the same subject, may induce them still to defer -deciding ultimately on it till their next session. Should this be the -case, and should any new matter occur in the meantime, I shall think it -my duty to communicate it to the House, as supplemental to the present -report. - -I have the honor to be, with sentiments of the most profound respect, - - Sir, your most obedient and most humble servant. - -The Secretary of State, to whom was referred, by the House of -Representatives, to prepare and report a proper plan or plans for -establishing uniformity in the currency, weights, and measures of the -United States, in obedience thereto, makes the following report:-- - -To obtain uniformity in measures, weights, and coins, it is necessary -to find some measure of invariable length, with which, as a standard, -they may be compared. - -There exists not in nature, as far as has been hitherto observed, a -single subject or species of subject, accessible to man, which presents -one constant and uniform dimension. - -The globe of the earth itself, indeed, might be considered as invariable -in all its dimensions, and that its circumference would furnish an -invariable measure; but no one of its circles, great or small, is -accessible to admeasurement through all its parts, and the various trials -to measure definite portions of them, have been of such various result -as to show there is no dependence on that operation for certainty. - -Matter, then, by its mere extension, furnishing nothing invariable, its -motion is the only remaining resource. - -The motion of the earth round its axis, though not absolutely uniform -and invariable, may be considered as such for every human purpose. It is -measured obviously, but unequally, by the departure of a given meridian -from the sun, and its return to it, constituting a solar day. Throwing -together the inequalities of solar days, a mean interval, or day, has -been found, and divided, by very general consent, into 86,400 equal parts. - -A pendulum, vibrating freely, in small and equal arcs, may be so adjusted -in its length, as, by its vibrations, to make this division of the -earth's motion into 86,400 equal parts, called seconds of mean time. - -Such a pendulum, then, becomes itself a measure of determinate length, -to which all others may be referred to as to a standard. - -But even a pendulum is not without its uncertainties. - -1. The difficulty of ascertaining, in practice, its centre of oscillation, -as depending on the form of the bob, and its distance from the point -of suspension; the effect of the weight of the suspending wire towards -displacing the centre of oscillation; that centre being seated within -the body of the bob, and therefore inaccessible to the measure, are -sources of considerable uncertainty. - -2. Both theory and experience prove that, to preserve its isochronism, -it must be shorter towards the equator, and longer towards the poles. - -3. The height of the situation above the common level, as being an -increment to the radius of the earth, diminishes the length of the -pendulum. - -4. The pendulum being made of metal, as is best, it varies its length -with the variations in the temperature of the atmosphere. - -5. To continue small and equal vibrations, through a sufficient length -of time, and to count these vibrations, machinery and a power are -necessary, which may exert a small but constant effort to renew the -waste of motion; and the difficulty is so to apply these, as that they -shall neither retard or accelerate the vibrations. - -1. In order to avoid the uncertainties which respect the centre of -oscillation, it has been proposed by Mr. Leslie, an ingenious artist -of Philadelphia, to substitute, for the pendulum, a uniform cylindrical -rod, without a bob. - -Could the diameter of such a rod be infinitely small, the centre of -oscillation would be exactly at two-thirds of the whole length, measured -from the point of suspension. Giving it a diameter which shall render it -sufficiently inflexible, the centre will be displaced, indeed; but, in -a second rod not the (1) six hundred thousandth part of its length, and -not the hundredth part as much as in a second pendulum with a spherical -bob of proper diameter. This displacement is so infinitely minute, -then, that we may consider the centre of oscillation, for all practical -purposes, as residing at two-thirds of the length from the centre of -suspension. The distance between these two centres might be easily and -accurately ascertained in practice. But the whole rod is better for a -standard than any portion of it, because sensibly defined at both its -extremities. - -2. The uncertainty arising from the difference of length requisite for -the second pendulum, or the second rod, in different latitudes, may -be avoided by fixing on some one latitude, to which our standard shall -refer. That of 38°, as being the middle latitude of the United States, -might seem the most convenient, were we to consider ourselves alone; but -connected with other nations by commerce and science, it is better to -fix on that parallel which bids fairest to be adopted by them also. The -45th, as being the middle term between the equator and pole, has been -heretofore proposed in Europe, and the proposition has been lately renewed -there under circumstances which may very possibly give it some effect. -This parallel is distinguished with us also as forming our principal -northern boundary. Let the completion of the 45th degree, then, give -the standard for our union, with the hope that it may become a line of -union with the rest of the world. - -The difference between the second rod for 45° of latitude, and that for -31°, our other extreme, is to be examined. - -The second _pendulum_ for 45° of latitude, according to Sir Isaac Newton's -computation, must be of (2) 39.14912 inches English measure; and a -_rod_, to vibrate in the same time, must be of the same length between -the centres of suspension and oscillation; and, consequently, its whole -length 58.7 (or, more exactly, 58.72368) inches. This is longer than -the rod which shall vibrate seconds in the 31° of latitude, by about -1/679 part of its whole length; a difference so minute, that it might -be neglected, as insensible, for the common purposes of life, but, in -cases requiring perfect exactness, the second rod, found by trial of -its vibrations in any part of the United States, may be corrected by -computation for the (3) latitude of the place, and so brought exactly -to the standard of 45°. - -3. By making the experiment in the level of the ocean, the difference -will be avoided, which a higher position might occasion. - -4. The expansion and contraction of the rod with the change of -temperature, is the fourth source of uncertainty before mentioned. -According to the high authority so often quoted, an iron rod, of given -length, may vary, between summer and winter, in temperate latitudes, -and in the common exposure of house clocks, from 1/1728 to 1/2592 of -its whole length, which, in a rod of 58.7 inches, will be from about -two to three hundredths of an inch. This may be avoided by adjusting and -preserving the standard in a cellar, or other place, the temperature of -which never varies. Iron is named for this purpose, because the least -expansible of the metals. - -5. The practical difficulty resulting from the effect of the machinery -and moving power is very inconsiderable in the present state of the arts; -and, in their progress towards perfection, will become less and less. -To estimate and obviate this, will be the artist's province. It is as -nothing when compared with the sources of inaccuracy hitherto attending -measures. - -Before quitting the subject of the inconveniences, some of which attend -the pendulum alone, others both the pendulum and rod, it must be added -that the rod would have an accidental but very precious advantage over -the pendulum in this country, in the event of our fixing the foot at the -nearest aliquot part of either; for the difference between the common -foot, and those so to be deduced, would be three times greater in the -case of the pendulum than in that of the rod. - -Let the standard of measure, then, be a uniform cylindrical rod of iron, -of such length as, in latitude 45°, in the level of the ocean, and in a -cellar, or other place, the temperature of which does not vary through -the year, shall perform its vibrations in small and equal arcs, in one -second of mean time. - -A standard of invariable length being thus obtained, we may proceed -to identify, by that, the measures, weights and coins of the United -States; but here a doubt presents itself as to the extent of the -reformation meditated by the House of Representatives. The experiment -made by Congress in the year one thousand seven hundred and eighty-six, -by declaring that there should be one money of account and payment -through the United States, and that its parts and multiples should be -in a decimal ratio,[23] has obtained such general approbation, both at -home and abroad, that nothing seems wanting but the actual coinage, to -banish the discordant pounds, shillings, pence, and farthings of the -different States, and to establish in their stead the new denominations. -Is it in contemplation with the House of Representatives to extend a -like improvement to our measures and weights, and to arrange them also -in a decimal ratio? The facility which this would introduce into the -vulgar arithmetic would, unquestionably, be soon and sensibly felt by -the whole mass of the people, who would thereby be enabled to compute -for themselves whatever they should have occasion to buy, to sell, or -to measure, which the present complicated and difficult ratios place -beyond their computation for the most part. Or, is it the opinion of the -Representatives that the difficulty of changing the established habits -of a whole nation opposes an insuperable bar to this improvement? Under -this uncertainty, the Secretary of State thinks it his duty to submit -alternative plans, that the House may, at their will, adopt either the -one or the other, exclusively, or the one for the present and the other -for a future time, when the public mind may be supposed to have become -familiarized to it. - -I. And first, on the supposition that the present measures and weights -are to be retained but to be rendered uniform and invariable, by bringing -them to the same invariable standard. - -The first settlers of these States, having come chiefly from England, -brought with them the measures and weights of that country. These alone -are generally established among us, either by law or usage; and these, -therefore, are alone to be retained and fixed. We must resort to that -country for information of what they are, or ought to be. - -This rests, principally, on the evidence of certain standard measures and -weights, which have been preserved, of long time, in different deposits. -But differences among these having been known to exist, the House of -Commons, in the years 1757 and 1758, appointed committees to inquire into -the original standards of their weights and measures. These committees, -assisted by able mathematicians and artists, examined and compared with -each other the several standard measures and weights, and made reports -on them in the years 1758 and 1759. The circumstances under which these -reports were made entitle them to be considered, as far as they go, as -the best written testimony existing of the standard measures and weights -of England; and as such, they will be relied on in the progress of this -report. - -MEASURES OF LENGTH. - - The measures of length in use among us are: - - The league of 3 miles, The fathom of 2 yards, - The mile of 8 furlongs, The ell of a yard and quarter, - The furlong of 40 poles or perches, The yard of 3 feet, - The foot of 12 inches, and - The pole or perch of 5½ yards, The inch of 10 lines. - -On this branch of their subject, the committee of 1757-1758, says that -the standard measures of length at the receipt of the exchequer, are -a yard, supposed to be of the time of Henry VII., and a yard and ell -supposed to have been made about the year 1601; that they are brass -rods, very coarsely made, their divisions not exact, and the rods bent; -and that in the year 1742, some members of the Royal Society had been -at great pains in taking an exact measure of these standards, by very -curious instruments, prepared by the ingenious Mr. Graham; that the -Royal Society had had a brass rod made pursuant to their experiments, -which was made so accurately, and by persons so skilful and exact, that -it was thought not easy to obtain a more exact one; and the committee, -in fact, found it to agree with the standards at the exchequer, as near -as it was possible. They furnish no means, to persons at a distance, of -knowing what this standard is. This, however, is supplied by the evidence -of the second pendulum, which, according to the authority before quoted, -is, at London, 39.1682 English inches, and, consequently, the second -rod there is of 58.7523 of the same inches. When we shall have found, -then, by actual trial, the second rod for 45° by adding the difference -of their computed length, to wit: 287/10000 of an inch, or rather 3/10 -of a line (which in practice will endanger less error than an attempt -at so minute a fraction as the ten thousandth parts of an inch) we shall -have the second rod of London, or a true measure of 58¾ English inches. -Or, to shorten the operation, without varying the result, - -Let the standard rod of 45° be divided into 587⅕ equal parts, and -let each of these parts be declared a line. - - 10 lines an inch, 5½ yards a perch or pole, - 12 inches a foot, 40 poles or perches a furlong, - 3 feet a yard, 8 furlongs a mile, - 3 feet 9 inches an ell, 3 miles a league. - 6 feet a fathom, - -SUPERFICIAL MEASURES - -Our measures of surface are, the acre of 4 roods and the rood of 40 -square poles; so established by a statute of 33 Edw. 1. Let them remain -the same. - -MEASURES OF CAPACITY. - -The measures of capacity in use among us are of the following names and -proportions: - -The gill, four of which make a pint. - -Two pints make a quart. - -Two quarts a pottle. - -Two pottles a gallon. - -Two gallons a peck, dry measure. - -Eight gallons make a measure called a firkin, in liquid substances, and -a bushel, dry. - -Two firkins, or bushels, make a measure called a rundlet or kilderkin, -liquid, and a strike, dry. - -Two kilderkins, or strikes, make a measure called a barrel, liquid, and -a coomb, dry; this last term being ancient and little used. - -Two barrels, or coombs, make a measure called a hogshead, liquid, or a -quarter, dry; each being the quarter of a ton. - -A hogshead and a third make a tierce, or third of a ton. - -Two hogsheads make a pipe, butt, or puncheon; and - -Two pipes make a ton. - -But no one of these measures is of a determinate capacity. The report -of the committee of 1757-8, shows that the gallon is of very various -content; and that being the unit, all the others must vary with it. - -The gallon and bushel contain-- - - 224 and 1792 cubic inches, according to the standard wine - gallon preserved at Guildhall. - - 231 and 1848, according to the statute of 5th of Anne. 264.8 - and 2118.4, according to the ancient Rumford quart, of 1228, - examined by the committee. - - 265.5 and 2124, according to three standard bushels preserved - in the Exchequer, to wit: one of Henry VII., without a rim; - one dated 1091, supposed for 1591, or 1601, and one dated 1601. - - 266.25 and 2130, according to the ancient Rumford gallon of - 1228, examined by the committee. - - 268.75 and 2150, according to the Winchester bushel, as declared - by statute 13, 14, William III., which has been the model for - some of the grain States. - - 271, less 2 spoonfuls, and 2168, less 16 spoonfuls, according - to a standard gallon of Henry VII., and another dated 1601, - marked E. E., both in the Exchequer. - - 271 and 2168, according to a standard gallon in the Exchequer, - dated 1601, marked E., and called the corn gallon. - - 272 and 2176, according to the three standard corn gallons - last mentioned, as measured in 1688, by an artist for the - Commissioners of the Excise, generally used in the seaport - towns, and by mercantile people, and thence introduced into - some of the grain States. - - 277.18 and 2217.44, as established for the measure of coal by - the statute 12 Anne. - - 278 and 2224, according to the standard bushel of Henry VII., - with a copper rim, in the Exchequer. - - 278.4 and 2227.2 according to two standard pints of 1601 and - 1602, in the Exchequer. - - 280 and 2240, according to the standard quart of 1601, in the - Exchequer. - - 282 and 2256, according to the standard gallon for beer and - ale in the Treasury. - -There are, moreover, varieties on these varieties, from the barrel to -the ton, inclusive; for, if the barrel be of herrings, it must contain -28 gallons by the statute 13 Eliz. c. 11. If of wine, it must contain -31½ gallons by the statute 2 Henry VI. c. 11, and 1 Rich. III. c. 15. -If of beer or ale, it must contain 34 gallons by the statute 1 William -and Mary, c. 24, and the higher measures in proportion. - -In those of the United States which have not adopted the statutes of -William and Mary, and of Anne before cited, nor their substance, the wine -gallon of 231 cubic inches rests on the authority of very long usage, -before the 5th of Anne, the origin and foundation of which are unknown; -the bushel is the Winchester bushel, by the 11 Henry VII. undefined; and -the barrel of ale 32 gallons, and of beer 36 gallons, by the statute 23 -Henry VIII c. 4. - -The Secretary of State is not informed whether there have been any, and -what, alterations of these measures by the laws of the particular States. - -It is proposed to retain this series of measures, but to fix the gallon -to one determinate capacity, as the unit of measure, both wet and dry; -for convenience is in favor of abolishing the distinction between wet -and dry measures. - -The wine gallon, whether of 224 or 231 cubic inches, may be altogether -disregarded, as concerning, principally, the mercantile and the wealthy, -the least numerous part of the society, and the most capable of reducing -one measure to another by calculation. This gallon is little used among -the mass of farmers, whose chief habits and interests are in the size -of the corn bushel. - -Of the standard measures before stated, two are principally distinguished -in authority and practice. The statute bushel of 2150 cubic inches, which -gives a gallon of 268.75 cubic inches, and the standard gallon of 1601, -called the corn gallon of 271 or 272 cubic inches, which has introduced -the mercantile bushel of 2276 inches. The former of these is most used -in some of the grain States, the latter in others. The middle term of -270 cubic inches may be taken as a mutual compromise of convenience, -and as offering this general advantage: that the bushel being of 2160 -cubic inches, is exactly a cubic foot and a quarter, and so facilitates -the conversion of wet and dry measures into solid contents and tonnage, -and simplifies the connection of measures and weights, as will be shown -hereafter. It may be added, in favor of this, as a medium measure, that -eight of the standard, or statute measures before enumerated, are below -this term, and nine above it. - - The measures to be made for use, being four sided, with - rectangular sides and bottom. - - The pint will be 3 inches square, and 3¾ inches deep; - - The quart 3 inches square, and 7½ inches deep; - - The pottle 3 inches square, and 15 inches deep, or 4½, 5, and - 6 inches; - - The gallon 6 inches square, and 7½ inches deep, or 5, 6, and - 9 inches; - - The peck 6, 9, and 10 inches; - - The half bushel 12 inches square, and 7½ inches deep; and - - The bushel 12 inches square, and 15 inches deep, or 9, 15, - and 16 inches. - -Cylindrical measures have the advantage of superior strength, but square -ones have the greater advantage of enabling every one who has a rule -in his pocket, to verify their contents by measuring them. Moreover, -till the circle can be squared, the cylinder cannot be cubed, nor its -contents exactly expressed in figures. - - Let the measures of capacity, then, for the United States be-- - - A gallon of 270 cubic inches; - - The gallon to contain 2 pottles; - - The pottle 2 quarts; - - The quart 2 pints; - - The pint 4 gills; - - Two gallons to make a peck; - - Eight gallons a bushel or firkin; - - Two bushels, or firkin, a strike or kilderkin; - - Two strikes, or kilderkins, a coomb or barrel; - - Two coombs, or barrels, a quarter or hogshead; - - A hogshead and a third one tierce; - - Two hogsheads a pipe, butt, or puncheon; and - - Two pipes a ton. - - And let all measures of capacity of dry subjects be stricken - with a straight strike. - -WEIGHTS. - -There are two series of weights in use among us; the one called -avoirdupois, the other troy. - -_In the Avoirdupois series_: - - The pound is divided into 16 ounces; - The ounce into 16 drachms; - The drachm into 4 quarters. - -_In the Troy series_: - - The pound is divided into 12 ounces; - The ounce (according to the subdivision of the apothecaries) - into 8 drachms; - The drachm into 3 scruples; - The scruple into 20 grains. - -According to the subdivision for gold and silver, the ounce is divided -into twenty pennyweights, and the pennyweight into twenty-four grains. - -So that the pound troy contains 5760 grains, of which 7000 are requisite -to make the pound avoirdupois; of course the weight of the pound troy -is to that of the 7000, or as 144 to 175. - -It is remarkable that this is exactly the proportion of the ancient -liquid gallon of Guildhall of 224 cubic inches, to the corn gallon of -272; for 224 are to 272 as 144 to 175. (4.) - -It is further remarkable still, that this is also the exact proportion -between the specific weight of any measure of wheat, and of the same -measure of water: for the statute bushel is of 64 pounds of wheat. Now -as 144 to 175, so are 64 pounds to 77.7 pounds; but 77.7 pounds is known -to be the weight of (5.) 2150.4 cubic inches of pure water, which is -exactly the content of the Winchester bushel, as declared by the statute -13, 14, Will. 3. That statute determined the bushel to be a cylinder of -18½ inches diameter, and 8 inches depth. Such a cylinder, as nearly as it -can be cubed, and expressed in figures, contains 2150.425 cubic inches; -a result which reflects authority on the declaration of Parliament, and -induces a favorable opinion of the care with which they investigated -the contents of the ancient bushel, and also a belief that there might -exist evidence of it at that day, unknown to the committees of 1758 and -1759. - -We find, then, in a continued proportion 64 to 77.7 as 224 to 272, and as -144 to 175, that is to say, the specific weight of a measure of wheat, -to that of the same measure of water, as the cubic contents of the wet -gallon, to those of the dry; and as the weight of a pound troy to that -of a pound avoirdupois. - -This seems to have been so combined as to render it indifferent whether -a thing were dealt out by weight or measure; for the dry gallon of wheat, -and the liquid one of wine, were of the same weight; and the avoirdupois -pound of wheat, and the troy pound of wine, were of the same measure. -Water and the vinous liquors, which enter most into commerce, are so -nearly of a weight, that the difference, in moderate quantities, would -be neglected by both buyer and seller; some of the wines being a little -heavier, and some a little lighter, than water. - -Another remarkable correspondence is that between weights and measures. -For 1000 ounces avoirdupois of pure water fill a cubic foot, with -mathematical exactness. - -What circumstances of the times, or purposes of barter or commerce, called -for this combination of weights and measures, with the subjects to be -exchanged or purchased, are not now to be ascertained. But a triple set -of exact proportionals representing weights, measures, and the things -to be weighed and measured, and a relation so integral between weights -and solid measures, must have been the result of design and scientific -calculation, and not a mere coincidence of hazard. It proves that the dry -and wet measures, the heavy and light weights, must have been original -parts of the system they compose--contrary to the opinion of the committee -of 1757, 1758, who thought that the avoirdupois weight was not an ancient -weight of the kingdom, nor ever even a legal weight, but during a single -year of the reign of Henry VIII.; and, therefore, concluded, otherwise -than will be here proposed, to suppress it altogether. Their opinion was -founded chiefly on the silence of the laws as to this weight. But the -harmony here developed in the system of weights and measures, of which -the avoirdupois makes an essential member, corroborated by a general -use, from very high antiquity, of that, or of a nearly similar weight -under another (6.) name, seem stronger proofs that this is legal weight, -than the mere silence of the written laws is of the contrary. - -Be this as it may, it is in such general use with us, that, on the -principle of popular convenience, its higher denominations, at least, must -be preserved. It is by the avoirdupois pound and ounce that our citizens -have been used to buy and sell. But the smaller subdivisions of drachms -and quarters are not in use with them. On the other hand, they have been -used to weigh their money and medicine with the pennyweights and grains -troy weight, and are not in the habit of using the pounds and ounces -of that series. It would be for their convenience, then, to suppress -the pound and ounce troy, and the drachm and quarter avoirdupois; and -to form into one series the avoirdupois pound and ounce, and the troy -pennyweight and grain. The avoirdupois ounce contains 18 pennyweights -5½ grains troy weight. Divide it, then, into 18 pennyweights, and the -pennyweight, as heretofore, into 24 grains, and the new pennyweight will -contain between a third and a quarter of a grain more than the present -troy pennyweight; or, more accurately, it will be to that as 875 to -864--a difference not to be noticed, either in money or medicine, below -the denomination of an ounce. - -But it will be necessary to refer these weights to a determinate mass of -some substance, the specific gravity of which is invariable. Rain water -is such a substance, and may be referred to everywhere, and through -all time. It has been found by accurate experiments that a cubic foot -of rain water weighs 1000 ounces avoirdupois, standard weights of the -exchequer. It is true that among these standard weights the committee -report small variations; but this experiment must decide in favor of -those particular weights, between which, and an integral mass of water, -so remarkable a coincidence has been found. To render this standard more -exact, the water should be weighed always in the same temperature of -air; as heat, by increasing its volume, lessens its specific gravity. -The cellar of uniform temperature is best for this also. - -Let it, then, be established that an ounce is of the weight of a cube -of rain water, of one-tenth of a foot; or, rather, that it is the -thousandth part of the weight of a cubic foot of rain water, weighed -in the standard temperature; that the series of weights of the United -States shall consist of pounds, ounces, pennyweights, and grains; whereof - - 24 grains shall be one pennyweight; - 18 pennyweights one ounce; - 16 ounces one pound. - -COINS. - -Congress, in 1786, established the money unit at 375.64 troy grains -of pure silver. It is proposed to enlarge this by about the third of a -grain in weight, or a mill in value; that is to say, to establish it at -376 (or, more exactly, 375.989343) instead of 375.64 grains; because it -will be shown that this, as the unit of coin, will link in system with -the units of length, surface, capacity, and weight, whenever it shall be -thought proper to extend the decimal ratio through all these branches. -It is to preserve the possibility of doing this, that this very minute -alteration is proposed. - -We have this proportion, then, 875 to 864, as 375.989343 grains troy to -371.2626277; the expression of the unit in the new grains. - -Let it be declared, therefore, that the money unit, or dollar of the -United States, shall contain 371.262 American grains of pure silver. - -If nothing more, then, is proposed, than to render uniform and stable -the system we already possess, this may be effected on the plan herein -detailed; the sum of which is: 1st. That the present measures of length -be retained, and fixed by an invariable standard. 2d. That the measures -of surface remain as they are, and be invariable also as the measures of -length to which they are to refer. 3d. That the unit of capacity, now so -equivocal, be settled at a medium and convenient term, and defined by -the same invariable measures of length. 4th. That the more known terms -in the two kinds of weights be retained, and reduced to one series, and -that they be referred to a definite mass of some substance, the specific -gravity of which never changes. And 5th. That the quantity of pure silver -in the money unit be expressed in parts of the weights so defined. - -In the whole of this no change is proposed, except an insensible one in -the troy grain and pennyweight, and the very minute one in the money unit. - -II. But if it be thought that, either now, or at any future time, the -citizens of the United States may be induced to undertake a thorough -reformation of their whole system of measures, weights and coins, -reducing every branch to the same decimal ratio already established in -their coins, and thus bringing the calculation of the principal affairs -of life within the arithmetic of every man who can multiply and divide -plain numbers, greater changes will be necessary. - -The unit of measure is still that which must give law through the whole -system; and from whatever unit we set out, the coincidences between the -old and new ratios will be rare. All that can be done, will be to choose -such a unit as will produce the most of these. In this respect the second -rod has been found, on trial, to be far preferable to the second pendulum. - -MEASURES OF LENGTH. - -Let the second rod, then, as before described, be the standard of measure; -and let it be divided into five equal parts, each of which shall be -called a foot; for, perhaps, it may be better generally to retain the -name of the nearest present measure, where there is one tolerably near. -It will be about one quarter of an inch shorter than the present foot. - - Let the foot be divided into 10 inches; - The inch into 10 lines; - The line into 10 points; - Let 10 feet make a decad; - 10 decads one rood; - 10 roods a furlong; - 10 furlongs a mile. - -SUPERFICIAL MEASURES. - -Superficial measures have been estimated, and so may continue to be, in -squares of the measures of length, except in the case of lands, which -have been estimated by squares, called roods and acres. Let the rood be -equal to a square, every side of which is 100 feet. This will be 6.483 -English feet less than the English (7.) rood every way, and 1311 square -feet less in its whole contents; that is to say, about one-eighth; in -which proportion, also, 4 roods will be less than the present acre. - -MEASURES OF CAPACITY. - -Let the unit of capacity be the cubic foot, to be called a bushel. It -will contain 1620.05506862 cubic inches, English; be about one-fourth -less than that before proposed to be adopted as a medium; one-tenth less -than the bushel made from 8 of the Guildhall gallons; and one-fourteenth -less than the bushel made from 8 Irish gallons of 217.6 cubic inches. - - Let the bushel be divided into 10 pottles; - Each pottle into 10 demi-pints; - Each demi-pint into 10 metres, which will be of a cubic inch each. - Let 10 bushels be a quarter, and - 10 quarters a last, or double ton. - -The measures for use being four-sided, and the sides and bottoms -rectangular, the bushel will be a foot cube. - - The pottle 5 inches square and four inches deep; - The demi-pint 2 inches square, and 2½ inches deep; - The metre, an inch cube. - -WEIGHTS. - -Let the weight of a cubic inch of rain water, or the thousandth part of -a cubic foot, be called an ounce; and let the ounce be divided into 10 -double scruples: - - The double scruple into 10 carats; - The carat into 10 minims or demi-grains; - The minim into 10 mites. - Let 10 ounces make a pound; - 10 pounds a stone; - 16 stones a kental; - 10 kentals a hogshead. - -COINS. - -Let the money unit, or dollar, contain eleventh-twelfths of an ounce of -pure silver. This will be 376 troy grains, (or more exactly, 375.959343 -troy grains,) which will be about a third of a grain, (or more exactly, -.349343 of a grain,) more than the present unit. This, with the twelfth -of alloy already established, will make the dollar or unit, of the weight -of an ounce, or of a cubic inch of rain water, exactly. The series of -mills, cents, dimes, dollars, and eagles, to remain as already established -(8.) - -The second rod, or the second pendulum, expressed in the measures of -other countries, will give the proportion between their measures and -those of the United States. - -Measures, weights and coins, thus referred to standards unchangeable -in their nature, (as is the length of a rod vibrating seconds, and the -weight of a definite mass of rain water,) will themselves be unchangeable. -These standards, too, are such as to be accessible to all persons, in all -times and places. The measures and weights derived from them fall in so -nearly with some of those now in use, as to facilitate their introduction; -and being arranged in decimal ratio, they are within the calculation of -every one who possesses the first elements of arithmetic, and of easy -comparison, both for foreigners and citizens, with the measures, weights, -and coins of other countries. - -A gradual introduction would lessen the inconveniences which might attend -too sudden a substitution, even of an easier for a more difficult system. -After a given term, for instance, it might begin in the custom-houses, -where the merchants would become familiarized to it. After a further -term, it might be introduced into all legal proceedings, and merchants -and traders in foreign commodities might be required to use it in -their dealings with one another. After a still further term, all other -descriptions of people might receive it into common use. Too long a -postponement, on the other hand, would increase the difficulties of its -reception with the increase of our population. - - -_Appendix, containing illustrations and developments of some passages -of the preceding report._ - -(1.) In the second pendulum with a spherical bob, call the distance -between the centres of suspension and of the bob, 2x19.575, or 2d, and -the radius of the bob = _r_; then 2d:r::r: rr/2d and ⅖ of this last -proportional expresses the displacement of the centre of oscillation, to -wit: 2rr/5x2d=rr/5d. Two inches have been proposed as a proper diameter -for such a bob. In that case r will be = 1. inch, and _rr_/5d = 1/9787 -inches. - -In the cylindrical second rod, call the length of the rod, 3 x 19.575. -or 3d, and its radius = _r_ and _rr_/2x3d=_rr_/6d will express the -displacement of the centre of oscillation. It is thought the rod will -be sufficiently inflexible if it be ⅕ of an inch in diameter. Then _r_ -will be = .1 inch, and _rr_/6d = 1/11745 inches, which is but the 120th -part of the displacement in the case of the pendulum with a spherical -bob, and but the 689,710th part of the whole length of the rod. If the -rod be even of half an inch diameter, the displacement will be but 1/1879 -of an inch, or 1/110356 of the length of the rod. - -(2.) Sir Isaac Newton computes the pendulum for 45° to be 36 pouces -8.428 lignes. Picard made the English foot 11 pouces 2.6 lignes, and -Dr. Maskelyne 11 pouces 3.11 lignes. D'Alembert states it at 11 pouces -3 lignes, which has been used in these calculations as a middle term, -and gives us 36 pouces 8.428 lignes = 39.1491 inches. This length for -the pendulum of 45° had been adopted in this report before the Bishop -of Autun's proposition was known here. He relies on Mairan's ratio for -the length of the pendulum in the latitude of Paris, to wit: 504:257::72 -pouces to a 4th proportional, which will be 36.71428 pouces=39.1619 -inches, the length of the pendulum for latitude 48° 50'. The difference -between this and the pendulum for 45° is .0113 of an inch; so that -the pendulum for 45° would be estimated, according to Mairan, at -39.1619--.0113 = 39.1506 inches, almost precisely the same with Newton's -computation herein adopted. - -(3.) Sir Isaac Newton's computations for the different degrees of -latitude, from 30° to 45°, are as follows: - - Pieds. Lignes. - 30° 3 7.948 - 35 3 8.099 - 40 3 8.261 - 41 3 8.294 - 42 3 8.327 - 43 3 8.361 - 44 3 8.394 - 45 3 8.428 - -(4.) Or, more exactly, 144:175::224:272.2. - -(5.) Or, more exactly, 62.5:1728::77.7:2150.39. - -(6.) The merchant's weight. - -(7.) The Eng. rood contains 10,890 sq. feet = 104.355 feet sq. - -(8.) _The Measures, Weights, and Coins of the Decimal System, estimated -in those of England, now used in the United States_. - - -1. MEASURES OF LENGTH. - - Feet. Equivalent in English measure. - The point, .001 .011 inch. - - The line, .01 .117 - - The inch, .1 1.174, about 1/7 more than the Eng. inch. - - The foot, 1. } 11.744736 } about 1/48 less than the - } .978728 feet, } English foot. - - The decad, 10. 9.787, about 1/48 less than the 10 feet - rod of the carpenters. - - The rood, 100. 97.872, about 1/16 less than the side of - an English square rood. - - The furlong, 1000. 978.728, about ⅓ more than the Eng. fur. - - The mile, 10000. 9787.28, about 1-6/7 English mile, nearly - the Scotch and Irish mile, and ½ - the German mile. - - -2. SUPERFICIAL MEASURE. - - Roods. - The hundredth, .01 95.69 square feet English. - The tenth, .1 957.9 - The rood, 1. 9579.085 - The double acre, 10. 2.199, or say 2.2 acres English. - The square furlong, 100. 22. - - -3. MEASURE OF CAPACITY. - - Bushels. Cub. Inches - The metre, .001 1.62 - - The demi-pint, .01 16.2, about 1/24 less than the English - half-pint. - - The pottle, .1 162.005, about ⅙ more than the English - pottle. - - The bushel, 1. { 1620.05506862 } - { .937531868414884352 cub feet. } - about ¼ less than the middle sized - English bushel. - - The quarter, 10. 9.375, about ⅕ less than the Eng. qr. - - The last, 100. 93.753, about 1/7 more than the Eng. last. - - -4. WEIGHTS. - - Pounds. Avoirdupois. Troy. - Mite, .00001 .041 grains, about ⅕ - less than the English - mite. - - Minim, or } .0001 .4101, about ⅕ less - demi-grain, } than half-grain troy. - - Carat, .001 .4101, about 1/40 more - than the carat troy. - - Double } .01 41.017, about 1/40 - scruple, } more than 2 scruples - troy. - - Ounce, .1 { 9375318684148 } { 410.170192431 - { 84352 oz. } { .85452 oz. - about 1/16 less than the ounce avoirdupois. - - Pound, 1. { 9.375 } .712101 lb., about ¼ - { .585957417759 lb. } less than the pound troy. - - Stone, 10. { 93.753 oz. } 7.121 about ¼ less - { 5.8595 lb. } than the English stone - of 8 lbs. avoirdupois. - - Kental, 100. { 937.531 oz. } 71.21 about 4/10 less - { 58.5957 lb. } than the English kental - of 100 lbs. avoirdupois. - - Hogshead, 1000. { 9375.318 oz. } 712.101 - { 585.9574 lb. } - - -5. COINS. - - Dollars. - - The mill, .001 - The cent, .01 - The dime, .1 - - Troy grains. - - Dollar, 1. {375.98934306 pure silver. - { 34.18084937 alloy. - ------------ - Eagle, 10. 410.17019243 - -_Postscript._ - - January 10, 1791. - -It is scarcely necessary to observe that the measures, weights, and -coins, proposed in the preceding report, will be derived altogether from -mechanical operations, viz.: A rod, vibrating seconds, divided into five -equal parts, one of these subdivided, and multiplied decimally, for every -measure of length, surface, and capacity, and these last filled with -water, to determine the weights and coins. The arithmetical estimates in -the report were intended only to give an idea of what the new measures, -weights, and coins, would be nearly, when compared with the old. The -length of the standard or second rod, therefore, was assumed from that of -the pendulum; and as there has been small differences in the estimates -of the pendulum by different persons, that of Sir Isaac Newton was -taken, the highest authority the world has yet known. But, if even he -has erred, the measures, weights, and coins proposed, will not be an atom -the more or less. In cubing the new foot, which was estimated at .978728 -of an English foot, or 11.744736 English inches, an arithmetical error -of an unit happened in the fourth column of decimals, and was repeated -in another line in the sixth column, so as to make the result one ten -thousandth and one millionth of a foot too much. The thousandth part of -this error (about one ten millionth of a foot) consequently fell on the -metre of measure, the ounce weight, and the unit of money. In the last -it made a difference of about the twenty-fifth part of a grain Troy, in -weight, or the ninety-third of a cent in value. As it happened, this error -was on the favorable side, so that the detection of it approximates our -estimate of the new unit exactly that much nearer to the old, and reduces -the difference between them to 34, instead of 38 hundredths of a grain -Troy; that is to say, the money unit instead of 375.64 Troy grains of -pure silver, as established heretofore, will now be 375.98934306 grains, -as far as our knowledge of the length of the second pendulum enables us -to judge; and the current of authorities since Sir Isaac Newton's time, -gives reason to believe that his estimate is more probably above than -below the truth, consequently future corrections of it will bring the -estimate of the new unit still nearer to the old. - -The numbers in which the arithmetical error before mentioned showed -itself in the table, at the end of the report, have been rectified, and -the table re-printed. - -The head of superficial measures in the last part of the report, is -thought to be not sufficiently developed. It is proposed that the rood -of land, being 100 feet square, (and nearly a quarter of the present -acre,) shall be the unit of land measure. This will naturally be divided -into tenths and hundredths, the latter of which will be a square decad. -Its multiples will also, of course, be tens, which may be called double -acres, and hundreds, which will be equal to a square furlong each. The -surveyor's chain should be composed of 100 links of one foot each. - -FOOTNOTE: - - [23] See Vol. I. p. 162. - - -VIII.--_Opinion upon the question whether the President should veto the -Bill, declaring that the seat of government shall be transferred to the -Potomac, in the year 1790._ - - July 15, 1790. - -A bill having passed both houses of Congress, and being now before the -President, declaring that the seat of the federal government shall be -transferred to the Potomac in the year 1790, that the session of Congress -next ensuing the present shall be held in Philadelphia, to which place -the offices shall be transferred before the 1st of December next, a -writer in a public paper of July 13, has urged on the consideration -of the President, that the constitution has given to the two houses -of Congress the exclusive right to adjourn themselves; that the will -of the President mixed with theirs in a decision of this kind, would -be an inoperative ingredient, repugnant to the constitution, and that -he ought not to permit them to part, in a single instance, with their -constitutional rights; consequently, that he ought to negative the bill. - -That is now to be considered. - -Every man, and every body of men on earth, possesses the right of -self-government. They receive it with their being from the hand of nature. -Individuals exercise it by their single will; collections of men by that -of their majority; for the law of the _majority_ is the natural law of -every society of men. When a certain description of men are to transact -together a particular business, the times and places of their meeting and -separating, depend on their own will; they make a part of the natural -right of self-government. This, like all other natural rights, may be -abridged or modified in its exercise by their own consent, or by the -law of those who depute them, if they meet in the right of others; but -as far as it is not abridged or modified, they retain it as a natural -right, and may exercise them in what form they please, either exclusively -by themselves, or in association with others, or by others altogether, -as they shall agree. - -Each house of Congress possesses this natural right of governing itself, -and, consequently, of fixing its own times and places of meeting, so -far as it has not been abridged by the law of those who employ them, -that is to say, by the Constitution. This act manifestly considers them -as possessing this right of course, and therefore has nowhere given it -to them. In the several different passages where it touches this right, -it treats it as an existing thing, not as one called into existence by -them. To evince this, every passage of the constitution shall be quoted, -where the right of adjournment is touched; and it will be seen that no -one of them pretends to give that right; that, on the contrary, every -one is evidently introduced either to enlarge the right where it would -be too narrow, to restrain it where, in its natural and full exercise, -it might be too large, and lead to inconvenience, to defend it from the -latitude of its own phrases, where these were not meant to comprehend -it, or to provide for its exercise by others, when they cannot exercise -it themselves. - -"A majority of each house shall constitute a quorum to do business; but -a smaller number may adjourn from day to day, and may be authorized to -compel the attendance of absent members." Art. 1. Sec. 5. A majority -of every collection of men being naturally necessary to constitute its -will, and it being frequently to happen that a majority is not assembled, -it was necessary to enlarge the natural right by giving to "a smaller -number than a majority" a right to compel the attendance of the absent -members, and, in the meantime, to adjourn from day to day. This clause, -then, does not pretend to give to a majority a right which it knew that -majority would have of themselves, but to a number _less than a majority_, -a right to which it knew that lesser number could not have of themselves. - -"Neither house, during the session of Congress, shall, without the -consent of the other, adjourn for more than three days, nor to any other -place than that in which the two houses shall be sitting." Ibid. Each -house exercising separately its natural right to meet when and where it -should think best, it might happen that the two houses would separate -either in time or place, which would be inconvenient. It was necessary, -therefore, to keep them together by restraining their natural right of -deciding on separate times and places, and by requiring a concurrence -of will. - -But, as it might happen that obstinacy, or a difference of object, might -prevent this concurrence, it goes on to take from them, in that instance, -the right of adjournment altogether, and to transfer it to another, by -declaring, Art. 2, Sec. 3, that "in case of disagreement between the -two houses, with respect to the time of adjournment, the President may -adjourn them to such time as he shall think proper." - -These clauses, then, do not import a gift, to the two houses, of a general -right of adjournment, which it was known they would have without that -gift, but to restrain or abrogate the right it was known they would have, -in an instance where, exercised in its full extent, it might lead to -inconvenience, and to give that right to another who would not naturally -have had it. It also gives to the President a right, which he otherwise -would not have had, "to convene both houses, or either of them, on -extraordinary occasions." Thus substituting the will of another, where -they are not in a situation to exercise their own. - -"Every order, resolution, or vote, to which the concurrence of the Senate -and House of Representatives may be necessary (except on a question of -adjournment), shall be presented to the President for his approbation, -&c." Art. 1, Sec. 7. The latitude of the general words here used would -have subjected the natural right of adjournment of the two houses to the -will of the President, which was not intended. They therefore expressly -"except questions of adjournment" out of their operation. They do not -here give a right of adjournment, which it was known would exist without -their gift, but they defend the existing right against the latitude of -their own phrases, in a case where there was no good reason to abridge -it. The exception admits they will have the right of adjournment, without -pointing out the source from which they will derive it. - -These are all the passages of the constitution (one only excepted, which -shall be presently cited) where the right of adjournment is touched; -and it is evident that none of these are introduced to give that right; -but every one supposes it to be existing, and provides some specific -modification for cases where either a defeat in the natural right, or -a too full use of it, would occasion inconvenience. - -The right of adjournment, then, is not given by the constitution, and -consequently it may be modified by law without interfering with that -instrument. It is a natural right, and, like all other natural rights, -may be abridged or regulated in its exercise by law; and the concurrence -of the third branch in any law regulating its exercise is so efficient -an ingredient in that law, that the right cannot be otherwise exercised -but after a repeal by a new law. The express terms of the constitution -itself show that this right may be modified _by law_, when, in Art. 1, -Sec. 4. (the only remaining passage on the subject not yet quoted) it -says, "The Congress shall assemble at least once in every year, and such -meeting shall be the first Monday in December, unless they shall, _by -law_, appoint a different day." Then another day may be appointed _by -law_; and the President's assent is an efficient ingredient in that law. -Nay further, they cannot adjourn over the first Monday of December but -by _a law_. This is another constitutional abridgment of their natural -right of adjournment; and completing our review of all the clauses in -the constitution which touch that right, authorizes us to say no part -of that instrument gives it; and that the houses hold it, not from the -constitution, but from nature. - -A consequence of this is, that the houses may, by a joint resolution, -remove themselves from place to place, because it is a part of their -right of self-government; but that as the right of self-government does -not comprehend the government of others, the two houses cannot, by a -joint resolution of their majorities only, remove the executive and -judiciary from place to place. These branches possessing also the rights -of self-government from nature, cannot be controlled in the exercise of -them but by a law, passed in the forms of the constitution. The clause -of the bill in question, therefore, was necessary to be put into the form -of a law, and to be submitted to the President, so far as it proposes to -effect the removal of the Executive and Judiciary to Philadelphia. So far -as respects the removal of the present houses of legislation thither, it -was not necessary to be submitted to the President; but such a submission -is not repugnant to the constitution. On the contrary, if he concurs, -it will so far fix the next session of Congress at Philadelphia that it -cannot be changed but by a regular law. - -The sense of Congress itself is always respectable authority. It has been -given very remarkably on the present subject. The address to the President -in the paper of the 13th is a complete digest of all the arguments urged -on the floor of the Representatives against the constitutionality of the -bill now before the President; and they were overruled by a majority of -that house, comprehending the delegation of all the States south of the -Hudson, except South Carolina. At the last session of Congress, when -the bill for remaining a certain term at New York, and then removing -to Susquehanna or Germantown was objected to on the same ground, the -objection was overruled by a majority comprehending the delegations of -the northern half of the union with that of South Carolina. So that the -sense of every State in the union has been expressed, by its delegation, -against this objection South Carolina excepted, and excepting also Rhode -Island, which has never yet had a delegation in place to vote on the -question. In both these instances, the Senate concurred with the majority -of the Representatives. The sense of the two houses is stronger authority -in this case, as it is given against their own supposed privilege. - -It would be as tedious, as it is unnecessary, to take up and discuss one -by one, the objections proposed in the paper of July 13. Every one of -them is founded on the supposition that the two houses hold their right -of adjournment from the constitution. This error being corrected, the -objections founded on it fall of themselves. - -It would also be work of mere supererogation to show that, granting -what this writer takes for granted (that the President's assent would -be an inoperative ingredient, because excluded by the constitution, as -he says), yet the particular views of the writer would be frustrated, -for on every hypothesis of what the President may do, Congress must go -to Philadelphia. 1. If he assents to the bill, that assent makes good -law of the part relative to the Patomac; and the part for holding the -next session at Philadelphia is good, either as an ordinance, or a vote -of the two houses, containing a complete declaration of their will in -a case where it is competent to the object; so that they must go to -Philadelphia in that case. 2. If he dissents from the bill it annuls -the part relative to the Patomac; but as to the clause for adjourning -to Philadelphia, his dissent being as inefficient as his assent, it -remains a good ordinance or vote, of the two houses for going thither, -and consequently they must go in this case also. 3. If the President -withholds his will out of the bill altogether, by a ten days' silence, -then the part relative to the Potomac becomes a good law without his -will, and that relative to Philadelphia is good also, either as a law, -or an ordinance, or a vote of the two houses; and consequently in this -case also they go to Philadelphia. - - -IX.--_Opinion respecting the expenses and salaries of foreign Ministers._ - - July 17, 1790. - -The bill on the intercourse with foreign nations restrains the President -from allowing to Ministers Plenipotentiary, or to Congress, more than -$9,000, and $4,500 for their "personal services, and other expenses." -This definition of the objects for which the allowance is provided -appearing vague, the Secretary of State thought it his duty to confer -with the gentlemen heretofore employed as ministers in Europe, to -obtain from them, in aid of his own information, an enumeration of the -expenses incident to these offices, and their opinion which of them -would be included within the fixed salary, and which would be entitled -to be charged separately. He, therefore, asked a conference with the -Vice-President, who was acquainted with the residences of London and the -Hague, and the Chief Justice, who was acquainted with that of Madrid, -which took place yesterday. - -The Vice-President, Chief Justice, and Secretary of State, concurred in -the opinion that the salaries named by the act are much below those of -the same grade at the courts of Europe, and less than the public good -requires they should be. Consequently, that the expenses not included -within the definition of the law, should be allowed as an additional -charge. - -1. _Couriers, Gazettes, Translating necessary papers, Printing necessary -papers, Aids to poor Americans._--All three agreed that these ought to -be allowed as additional charges, not included within the meaning of -the phrase, "his personal services, and other expenses." - -2. _Postage, Stationary, Court-fees._--One of the gentlemen being of -opinion that the phrase "personal services, and other expenses," was -meant to comprehend all the _ordinary expenses_ of the office, considered -this second class of expenses as _ordinary_, and therefore included in -the fixed salary. The first class before mentioned, he had viewed as -_extraordinary_. The other two gentlemen were of opinion this second -class was also out of the definition, and might be allowed in addition to -the salary. One of them, particularly, considered the phrase as meaning -"personal services and personal expenses," that is, expenses for his -personal accommodation, comforts, and maintenance. This second class of -expenses is not within that description. - -3. _Ceremonies;_ such as diplomatic and public dinners, galas, and -illuminations. One gentleman only was of opinion these might be allowed. - -The expenses of the first class may probably amount to about fifty dollars -a year. Those of the second, to about four or five hundred dollars. Those -of the third are so different at different courts, and so indefinite in -all of them, that no general estimate can be proposed. - -The Secretary of State thought it his duty to lay this information before -the President, supposing it might be satisfactory to himself, as well -as to the diplomatic gentlemen, to leave nothing uncertain as to their -allowances; and because, too, a previous determination is in some degree -necessary to the forming an estimate which may not exceed the whole sum -appropriated. - -The Secretary of State has also consulted on the subject of the Morocco -consulship, with Mr. Barclay, who furnished him with the note, of which -a copy accompanies this. Considering all circumstances, Mr. Barclay is -of opinion, we had better have only a consul there, and that he should be -the one now residing at Morocco, because, as secretary to the Emperor, he -sees him every day, and possesses his ear. He is of opinion six hundred -dollars a year might suffice for him, and that it should be proposed to -him not as a salary, but as a sum in gross intended to cover his expenses, -and to save the trouble of keeping accounts. That this consul should be -authorized to appoint agents in the seaports, who would be sufficiently -paid by the consignments of vessels. He thinks the consul at Morocco -would most conveniently receive his allowance through the channel of -our Chargé at Madrid, on whom, also, this consulate had better be made -dependent for instructions, information, and correspondence, because of -the daily intercourse between Morocco and Cadiz. - -The Secretary of State, on a view of Mr. Barclay's note, very much -doubts the sufficiency of the sum of six hundred dollars; he supposes a -little money there may save a great deal; but he is unable to propose any -specific augmentation till a view of the whole diplomatic establishments -and its expenses, may furnish better grounds for it. - -[Appended to this note, were the following estimate of the expenses -of foreign ministers, and of the probable calls on our foreign fund, -from July 1, 1790, to July 1, 1791.--ED.] - - -_Estimate of the Expenses of a Minister Plenipotentiary._ - - July 19, 1790. - - Minister Plenipotentiary, his salary $9,000 - His outfit, suppose it to happen once in seven years, - will average 1,285 - His return at a quarter's salary will average 321 - Extras, viz.: Gazettes, Translating, Printing, Aids to poor - American sailors, Couriers, and Postage, about 350 - His Secretary 1,350 - ------- - $12,396 - - -_Estimate for a Chargé des Affaires._ - - Chargé des Affaires, his salary $4,500 - His outfit, once in seven years, equal to an annual sum of 643 - His return at a quarter's salary, do 161 - Extras, as above 350 - ------ - $5,654 - - The Agent at the Hague, his salary $1,300 - Extras 100 - ----- - $1,400 - - -_Estimate of the Annual Expenses of the Establishment proposed._ - - France, a Minister Plenipotentiary $12,306 - London, do. do. 12,306 - Madrid, a Chargé des Affaires 5,654 - Lisbon, do. do. do. 5,654 - Hague, an agent 1,400 - Morocco, a consul 1,800 - Presents to foreign ministers on taking leave, at $1,000 - each, more or less, according to their favor and time. - There will be five of them. If exchanged once in seven - years, it will be annually 715 - ----- - - $39,835 - - -_Estimate of the probable calls on our foreign fund from July 1, 1790, -when the act for foreign intercourse passed, to July 1, 1791._ - - France, a Minister Plenipotentiary, his outfit $9,000 - His salary, suppose it to commence August 1st 8,250 - Extras 320 - Secretary 1,237.5 - $18,807.5 - Chargé, suppose him to remain till November 1st. Salary 1,500 - Extras 117 - His return, a quarter's salary 1,125 - 2,742 - Madrid, a Chargé, his salary 4,500 - Extras 350 - 4,850 - Lisbon, a Chargé, (or Resident,) his outfit 4,500 - His salary, suppose it to commence January 1, 1791 2,250 - Extras 175 - 6,925 - London, an Agent, suppose to commence October 1st, at - $1,350 salary 1,012.5 - Extras, (at $100 a year) 75 - 1,087.5 - Hague, an Agent 1,400 - Morocco, Consul 1,800 - 3,200 - Presents to foreign Ministers. The dye about 500 - Two medals and chains 2,000 - 2,500 - --------- - $40,112 - - -X.--_Opinion in regard to the continuance of the monopoly of the commerce -of the Creek nation, enjoyed by Col. McGillivray_: - - July 29th, 1790. - -Colonel McGillivray, with a company of British merchants, having hitherto -enjoyed a monopoly of the commerce of the Creek nation, with a right -of importing their goods duty free, and considering these privileges -as the principal sources of his power over that nation, is unwilling to -enter into treaty with us, unless they can be continued to him. And the -question is how this may be done consistently with our laws, and so as -to avoid just complaints from those of our citizens who would wish to -participate of the trade? - -Our citizens, at this time, are not permitted to trade in that nation. -The nation has a right to give us their peace, and to withhold their -commerce, to place it under whatever monopolies or regulations they -please. If they insist that only Colonel McGillivray and his company -shall be permitted to trade among them, we have no right to say the -contrary. We shall even gain some advantage in substituting citizens of -the United States instead of British subjects, as associates of Colonel -McGillivray, and excluding both British and Spaniards from the country. - -Suppose, then, it be expressly stipulated by treaty, that no person -be permitted to trade in the Creek country, without a license from the -President, that but a fixed number shall be permitted to trade there at -all, and that the goods imported for and sent to the Creek nation, shall -be duty free. It may further be either expressed that the person licensed -shall be approved by the leader or leaders of the nation, or without -this, it may be understood between the President and McGillivray that the -stipulated number of licenses shall be sent to him blank, to fill up. A -treaty made by the President, with the concurrence of two-thirds of the -Senate, is a law of the land, and a law of superior order, because it not -only repeals past laws, but cannot itself be repealed by future ones.[24] -The treaty, then, will legally control the duty acts, and the acts for -licensing traders, in this particular instance. When a citizen applies -for a license, who is not of McGillivray's partnership, he will be told -that but a given number could be licensed by the treaty, and that the -number is full. It seems that in this way no law will be violated, and -no just cause of complaint will be given; on the contrary, the treaty -will have bettered our situation, though not in the full degree which -might have been wished. - -FOOTNOTE: - - [24] [At a later period, upon reviewing this opinion, the - following note was appended by Mr. Jefferson.--Ed.--viz.] - "Unless with the consent or default of the other - contracting party. It may well be doubted, too, and perhaps - denied, that the treaty power can control a law. The - question here proposed was then of the first impression. - Subsequent investigations have proved that the contrary - position is the more general truth." - - -XI.--_Opinion respecting our foreign debt._ - - August 26, 1790. - -On consideration of the letter of our banker, of January 25th, 1790, the -Secretary of the Treasury's answer to it, and the draught of powers and -instructions to him, I am of opinion, as I always have been, that the -purchase of our debt to France by private speculators, would have been -an operation extremely injurious to our credit; and that the consequence -foreseen by our banker, that the purchasers would have been obliged, in -order to make good their payments, to deluge the markets of Amsterdam -with American paper of all sorts, and to sell it at any price, was a -probable one. And the more so, as we know that the particular individuals -who were engaged in that speculation, possess no means of their own -adequate to the payments they would have had to make. While we must -not doubt that these motives, together with a proper regard for the -credit of the United States, had real and full weight with our bankers, -towards inducing them to counterwork these private speculations; yet, to -ascribe their industry in this business wholly to these motives, might -lead to a too great and dangerous confidence in them. It was obviously -their interest to defeat all such speculations, because they tended to -take out of their hands, or at least to divide with them, the profits -of the great operation of transferring the French debt to Amsterdam, an -object of first rate magnitude to them, and on the undivided enjoyments -of which they might count, if private speculators could be baffled. It -has been a contest of dexterity and cunning, in which our champions have -obtained the victory. The manœuvre of opening a loan of three millions -of florins, has, on the whole, been useful to the United States, and -though unauthorized, I think should be confirmed. The measure proposed -by the Secretary of the Treasury, of sending a superintendent of their -future operations, will effectually prevent their doing the like again, -and the funding laws leave no danger that such an expedient might at -any future time be useful to us. - -The report of the Secretary of the Treasury, and the draught of -instructions, present this plan to view: First, to borrow on the best -terms we can, not exceeding those limited by the law, such a sum as may -answer all demands of principal or interest of the foreign debts, due, -or to become due before the end of 1791. [This I think he supposes will -be about three and a half millions of dollars.] Second, to consider two -of the three millions of florins already borrowed by our bankers as, -so far, an execution of this operation; consequently, that there will -remain but about two and a half millions of dollars to be borrowed on -the old terms. Third, to borrow no more as yet, towards completing the -transfer of the French debt to Amsterdam, unless we can do it on more -advantageous terms. Fourth, to consider the third millions of florins -already borrowed by our bankers, as, so far, an execution of the powers -given the President to borrow two millions of dollars, by the act of the -12th of August. The whole of this appears to me to be wise. If the third -million be employed in buying up our _foreign paper_, on the exchange -of Amsterdam, by creating a demand for that species of paper, it will -excite a cupidity in the monied men to obtain more of it by new loans, -and consequently enable us to borrow more and on lower terms. The saving -of interest, too, on the sum so to be bought, may be applied in buying -up more principal, and thereby keep this salutary operation going. - -I would only take the liberty of suggesting the insertion of some -such clause as the following, into the instructions: "The agents to be -employed shall never open a loan for more than one million of dollars at -a time, nor open a new loan till the preceding one has been filled, and -expressly approved by the President of the United States." A new man, -alighting on the exchange of Amsterdam, with powers to borrow twelve -millions of dollars, will be immediately beset with bankers and brokers, -who will pour into his ear, from the most unsuspected quarters, such -informations and suspicions as may lead him exactly into their snares. -So wonderfully dexterous are they in wrapping up and complicating their -propositions, they will make it evident, even to a clear-headed man, (not -in the habit of this business,) that two and two make five. The agent, -therefore, should be guarded, even against himself, by putting it out -of his power to extend the effect of any erroneous calculation beyond -one million of dollars. Were he able, under a delusive calculation, to -commit such a sum as twelve millions of dollars, what would be said of the -government? Our bankers told me themselves that they would not choose, -in the conduct of this great loan, to open for more than two or three -millions of florins at a time, and certainly never for more than five. -By contracting for only one million of dollars at a time, the agent will -have frequent occasions of trying to better the terms. I dare say that -this caution, though not expressed in the instructions, is intended by -the Secretary of the Treasury to be carried into their execution. But, -perhaps, it will be desirable for the President, that his sense of it -also should be expressed in writing. - - -XII.--_Opinion upon the question what the answer of the President -should be in case Lord Dorchester should apply for permission to march -troops through the territory of the United States, from Detroit to the -Mississippi._ - -GEORGE WASHINGTON TO THOMAS JEFFERSON. - - UNITED STATES, August 27, 1790. - -Provided the dispute between Great Britain and Spain should come to -the decision of arms, from a variety of circumstances (individually -unimportant and inconclusive, but very much the reverse when compared -and combined,) there is no doubt in my mind, that New Orleans, and -the Spanish posts above it on the Mississippi, will be among the first -attempts of the former; and that the reduction of them will be undertaken -by a combined operation from Detroit. - -The _consequences_ of having so formidable and enterprizing a people -as the British on both our flanks and rear, with their navy in front, -as they respect our western settlements which may be seduced thereby, -as they regard the security of the Union and its commerce with the West -Indies, are too obvious to need enumeration. - -What then should be the answer of the Executive of the United States to -Lord Dorchester, in case he should apply for permission to march troops -through the territory of the said States from Detroit to the Mississippi? - -What notice ought be taken of the measure, if it should be undertaken -without leave, which is the most probable proceeding of the two? - -The opinion of the Secretary of State is requested in writing upon the -above statements. - - -_Opinion on the questions stated in the President's note of August 27th, -1790._ - - August 28, 1790. - -I am so deeply impressed with the magnitude of the dangers which will -attend our government, if Louisiana and the Floridas be added to the -British empire, that, in my opinion, we ought to make ourselves parties -in the _general war_ expected to take place, should this be the only -means of preventing the calamity. - -But I think we should defer this step as long as possible; because war is -full of chances, which may relieve us from the necessity of interfering; -and if necessary, still the later we interfere, the better we shall be -prepared. - -It is often indeed more easy to prevent the capture of a place, than -to retake it. Should it be so in the case in question, the difference -between the two operations of preventing and retaking, will not be so -costly as two, three, or four years more of war. - -So that I am for preserving neutrality as long, and entering into the -war as late, as possible. - -If this be the best course, it decides, in a good degree, what should -be our conduct, if the British ask leave to march troops through our -territory, or march them without leave. - -It is well enough agreed, in the laws of nations, that for a neutral power -to give or refuse permission to the troops of either belligerent party -to pass through their territory, is no breach of neutrality, provided -the same refusal or permission be extended to the other party. - -If we give leave of passage then to the British troops, Spain will have -no just cause of complaint against us, provided we extend the same leave -to her when demanded. - -If we refuse, (as indeed we have a right to do,) and the troops should -pass notwithstanding, of which there can be little doubt, we shall stand -committed. For either we must enter immediately into the war, or pocket -an acknowledged insult in the face of the world; and one insult pocketed -soon produces another. - -There is indeed a middle course, which I should be inclined to prefer; -that is, to avoid giving any answer. They will proceed notwithstanding, -but to do this under our silence, will admit of palliation, and produce -apologies, from military necessity; and will leave us free to pass it -over without dishonor, or to make it a handle of quarrel hereafter, if -we should have use for it as such. But, if we are obliged to give an -answer, I think the occasion not such as should induce us to hazard that -answer which might commit us to the war at so early a stage of it; and -therefore that the passage should be permitted. - -If they should pass without having asked leave, I should be for expressing -our dissatisfaction to the British court, and keeping alive an altercation -on the subject, till events should decide whether it is most expedient -to accept their apologies, or profit of the aggression as a cause of war. - - -XIII.--_Opinion on the question whether it will be expedient to notify to -Lord Dorchester the real object of the expedition preparing by Governor -St. Clair._ - - August 29, 1790. - -On considering more fully the question whether it will be expedient to -notify to Lord Dorchester the real object of the expedition preparing -by Governor St. Clair, I still think it will not be expedient. For, -if the notification be early, he will get the Indians out of the way, -and defeat our object. If it be so late as not to leave him time to -withdraw them before our stroke be struck, it will then be so late also -as not to leave him time to withdraw any secret aids he may have sent -them. And the notification will betray to him that he may go on without -fear in his expedition against the Spaniards, and for which he may yet -have sufficient time after our expedition is over. On the other hand, -if he should suspect our preparations are to prevent his passing our -territory, these suspicions may induce him to decline his expedition, -as, even should he think he could either force or steal a passage, he -would not divide his troops, leaving (as he would suppose) an enemy -between them able to take those he should leave, and cut off the return -of those he should carry. These suspicions, too, would mislead both him -and the Indians, and so enable us to take the latter more completely by -surprise, and prevent him from sending secret aid to those whom he would -not suppose the objects of the enterprise; thus effecting a double purpose -of preventing his enterprise, and securing our own. Might it not even -be expedient, with a view to deter his enterprise, to instruct Governor -St. Clair either to continue his pursuit of the Indians till the season -be too far advanced for Lord Dorchester to move; or, on disbanding his -militia, to give them general orders (which might reach the ears of Lord -Dorchester) to be ready to assemble at a moment's warning, though no -such assembly be really intended? - -Always taking care neither to say nor do, against their passage, what -might directly commit either our peace or honor. - - -XIV.--_Opinion on proceedings to be had under the Residence act._ - - November 29, 1790. - -A territory not exceeding ten miles square (or, I presume, one hundred -square miles in any form) to be located by metes and bounds. - -Three commissioners to be appointed. I suppose them not entitled to any -salary. - -[If they live near the place they may, in some instances, be influenced -by self interest, and partialities; but they will push the work with -zeal. If they are from a distance, and northwardly, they will be more -impartial, but may affect delays.] - -The commissioners to purchase or accept "such quantity of land on the -east side of the river as the President shall deem _proper for the United -States_," viz., for the federal Capitol, the offices, the President's -house and gardens, the town house, market house, public walks and -hospital. For the President's house, offices and gardens, I should think -two squares should be consolidated. For the Capitol and offices, one -square. For the market, one square. For the public walks, nine squares -consolidated. - -The expression "such quantity of land as the President shall deem _proper -for the United States_," is vague. It may therefore be extended to the -acceptance or purchase of land enough for the town; and I have no doubt -it is the wish, and perhaps expectation. In that case, it will be to -be laid out in lots and streets. I should propose these to be at right -angles, as in Philadelphia, and that no street be narrower than one -hundred feet, with foot ways of fifteen feet. Where a street is long and -level, it might be one hundred and twenty feet wide. I should prefer -squares of at least two hundred yards every way, which will be about -eight acres each. - -The commissioners should have some taste in architecture, because they -may have to decide between different plans. - -They will, however, be subject to the President's direction in every point. - -When the President shall have made up his mind as to the spot for the -town, would there be any impropriety in his saying to the neighboring -land holders, "I will fix the town here if you will join and purchase -and give the lands." They may well afford it by the increase of value -it will give to their own circumjacent lands. - -The lots to be sold out in breadths of fifty feet; their depths to extend -to the diagonal of the square. - -I doubt much whether the obligation to build the houses at a given -distance from the street, contributes to its beauty. It produces a -disgusting monotony; all persons make this complaint against Philadelphia. -The contrary practice varies the appearance, and is much more convenient -to the inhabitants. - -In Paris it is forbidden to build a house beyond a given height; and it -is admitted to be a good restriction. It keeps down the price of ground, -keeps the houses low and convenient, and the streets light and airy. -Fires are much more manageable where houses are low. - - -XV.--_Report by the Secretary of State to the President of the United -States on the Report of the Secretary of the Government north-west of -the Ohio._ - - December 14, 1790. - -The Secretary of State having had under his consideration the report -made by the Secretary of the Government north-west of the Ohio, of his -proceedings for carrying into effect the resolution of Congress of August -29th, 1788, respecting the lands of the inhabitants of Port Vincennes, -makes the following report thereon to the President of the United States: - -The resolution of Congress of August 29th, 1788, had confirmed in their -possessions and titles the French and Canadian inhabitants and other -settlers at that post, who, in or before the year 1783, had settled -there, and had professed themselves citizens of the United States or -any of them, and had made a donation to every head of a family, of the -same description of four hundred acres of land, part of a square to be -laid off adjoining the improvements at the post. - -The Secretary of the north-western government, in the absence of the -Governor, has carried this resolution into effect, as to all the claims -to which he thought it could be clearly applied: there remain, however, -the following description of cases, on which he asks further instructions: - -1. Certain cases within the letter of the resolution, but rendered -doubtful by the condition annexed, to the grants of lands in the Illinois -country. The cases of these claimants, fifteen in number, are specially -stated in the papers hereto annexed, number 2, and the lands are laid -off for them but remain ungranted till further orders. - -2. Certain persons who, by removals from one part of the territory to -another, are not of the letter of the resolutions, but within its equity, -as they conceive. - -3. Certain heads of families, who became such soon after the year 1783, -who petition for a participation of the donation, and urge extraordinary -militia service to which they are exposed. - -4. One hundred and fifty acres of land within the village granted under -the former government of that country, to the Piankeshaw Indians, and -on their removal sold by them in parcels to individual inhabitants, who -in some instances have highly improved them both before and since the -year 1783. - -5. Lands granted both before and after 1783, by authority from the -commandant of the post, who, according to the usage under the French -and British governments, thinking himself authorized to grant lands, -delegated that authority to a court of civil and criminal jurisdiction, -whose grants before 1783, amount to twenty-six thousand acres, and between -that and 1787, (when the practice was stopped,) to twenty-two thousand -acres. They are generally in parcels from four hundred acres down to -the size of house lots; and some of them under considerable improvement. -Some of the tenants urge that they were induced by the court itself to -come and settle these lands under assurance of their authority to grant -them, and that a loss of the lands and improvements will involve them in -ruin. Besides these small grants, there are some much larger, sometimes -of many leagues square, which a sense of their impropriety has prevented -the grantees from bringing forward. Many pretended grants, too, of this -class are believed to be forgeries, and are, therefore, to be guarded -against. - -6. Two thousand four hundred acres of good land, and three thousand acres -of sunken land, held under the French, British, and American governments, -as commons for the use of the inhabitants of the village generally, and -for thirty years past kept under inclosure for these purposes. - -The legislature alone being competent to authorize the grant of lands -in cases as yet unprovided for by the laws. The Secretary of State is of -opinion that the report of the Secretary of the north-western government, -with the papers therein referred to, should be laid before Congress for -their determination. Authentic copies of them are herewith enclosed to -the President of the United States. - - -XVI.--_Opinion on certain proceedings of the Executive in the -North-western Territory._ - - December 14, 1790. - -The Secretary of State having had under his consideration, the journal -of the proceedings of the Executive in the North-western Territory, -thinks it his duty to extract therefrom, for the notice of the President -of the United States, the articles of April 25th, June 6th, 28th, and -29th. Some of which are hereto annexed. - -Conceiving that the regulations, purported in these articles, are -beyond the competence of the executive of the said government, that they -amount, in fact, to laws, and as such, could only flow from its regular -legislature. That it is the duty of the general government to guard its -subordinate members from the encroachments of each other, even when they -are made through error or inadvertence, and to cover its citizens from -the exercise of powers not authorized by the law. The Secretary of State -is of opinion that the said articles be laid before the Attorney General -for consideration, and if he finds them to be against law, that his -opinion be communicated to the Governor of the North-western Territory, -for his future conduct. - -[The following are the extracts alluded to above.] - -_Extracts from the Journal of the Proceedings in the Executive -Department of government in the Territory of the United States, north-west -of the Ohio, reported to the President of the United States, by Winthrop -Sargent, Secretary._ - -April 25, 1790.--The governor was pleased to issue the following order, -viz.: All the inhabitants are forbidden to entertain any strangers, white, -Indian, or negro, let them come from whatsoever place, without acquainting -the officer commanding the troops, of the names of such strangers, and -the place from whence they came. And every stranger arriving at Cahokia, -is ordered to present himself to said officer within two hours after -his arrival, on pain of imprisonment. - -June 6, 1790.--The Governor at Kaskaskias, was pleased to make the -following proclamation: - -The practice of selling spirituous liquors to the Indians in the villages -being attended with very ill consequences, it is expressly prohibited; -and all and every person transgressing this order, will be liable to -be tried and fined at the pleasure of the court of quarter sessions of -the peace. And as it may be necessary that spirituous liquors should be -vended in small quantities to white travellers and others; to prevent -all danger of imposition and extortion, no person whosoever shall sell -in any of the villages or their environs, spirituous liquors to any -white person, traveller, or inhabitant, in any quantity less than one -quart at one time, without obtaining a license from the governor, which -license shall not be granted but upon the recommendation of the Justices -of the Peace in their court of quarter sessions, and on his or their -giving security in the sum of two hundred dollars, to abide by all the -regulations made by law respecting retailers of spirituous liquors, -and the orders of the said court of quarter sessions in the premises -in the meantime. And for every offence, he or they shall be liable to -prosecution by indictment and fine at the pleasure of the court, and to -the forfeiture of their bonds. - -Nor shall any person undertake or exercise the calling or occupation of -an Inn-holder or Tavern-keeper, without obtaining in the same manner, -and under the same restrictions and penalties, a license for so doing. - -PROCLAMATION.--Whereas, his Excellency, Arthur St. Clair, Esq., governor -and commander-in-chief of this Territory, did by proclamation given -at the Kaskaskias the 10th instant, strictly prohibit all persons, not -citizens of the United States or the Territory, from hunting or killing -any kind of game within the same, either for the flesh or skins, upon -penalty _not only_ of forfeiting the flesh and skins which they might -acquire, but also prosecution and punishment as trespassers. - -And it appearing to me to be particularly essential to the interests -of this country, that an observance of the order and prohibition should -be obtained, I do hereby call upon all civil and military officers, who -now are, or hereafter may be appointed, to use their best endeavors for -detecting and bringing to justice every person who shall violate the -same. And, whereas, it appears to me to be expedient that government -should receive information of all characters, foreigners and others, -coming into the Territory, I do hereby order and direct that any person -arriving at this, or any of the military posts of the United States -within the same, should present himself to the commanding officer of -the troops in two hours next after his arrival; and the inhabitants are -hereby forbidden to entertain such characters, whether whites, Indians, -or negroes, without immediate information thereof to the said commanding -officers. - -Given under my hand and seal at the town of Post Vincennes, and county -of Knox, this 28th day of June, A. D. 1790, and of the Independence of -the United States, the fourteenth. - - (Signed,) - WINTHROP SARGENT. - -June 29, 1790.--It is to be considered as a standing order hereafter, -that no person enrolled in the militia shall leave the village or -stations, for a longer absence than twenty-four hours, without informing -him (Mayor Hamtramck) or the commanding officer for the time being, of -their intention. And all intelligence or discoveries of Indians, to be -immediately reported. - - (Signed,) - WINTHROP SARGENT. - - - -XVII.--_Report on certain letters from the President to Mr. Gouverneur -Morris, and from Mr. Morris to the President, relative to our difficulties -with England_--1790. - - December 15, 1790. - -The Secretary of State having had under consideration the two letters -of October 13th, 1789, from the President of the United States, to Mr. -Gouverneur Morris; and those of Mr. Morris to the President, of January -22d, April 7th, 13th, May 1st, 29th, July 3d, August 16th, and September -18th, referred to him by the President, makes the following report -thereon: - -The President's letter of January 22d, authorized Mr. Morris to enter -into conference with the British ministers in order to discover their -sentiments on the following subjects: - -1. Their retention of the western posts contrary to the treaty of peace. - -2. Indemnification for the negroes carried off against the stipulations -of the same treaty. - -3. A treaty for the regulation of the commerce between the two countries. - -4. The exchange of a minister. - -The letters of Mr. Morris before mentioned, state the communications, -oral and written, which have passed between him and the ministers; and -from these the Secretary of State draws the following inferences: - -1. That the British court is decided not to surrender the posts in any -event; and that they will urge as a pretext that though our courts of -justice are now open to British subjects, they were so long shut after -the peace as to have defeated irremedially the recovery of debts in many -cases. They suggest, indeed, the idea of an indemnification on our part. -But probably were we disposed to admit their right to indemnification, -they would take care to set it so high as to insure a disagreement. - -2. That as to indemnification for the negroes, their measures for -concealing them were in the first instance so efficacious, as to reduce -our demand for them, so far as we can support it by direct proof, to be -very small indeed. Its smallness seems to have kept it out of discussion. -Were other difficulties removed, they would probably make none of this -article. - -3. That they equivocate on every proposal of a treaty of commerce, and -authorize in their communications with Mr. Morris the same conclusions -which have been drawn from those they had had from time to time with -Mr. Adams, and those through Mayor Beckwith; to wit, that they do not -mean to submit their present advantages in commerce to the risk which -might attend a discussion of them, whereon some reciprocity could not -fail to be demanded. Unless, indeed, we would agree to make it a treaty -of _alliance_ as well as _commerce_, so as to undermine our obligations -with France. This method of stripping that rival nation of its alliances, -they tried successfully with Holland, endeavored at it with Spain, and -have plainly and repeatedly suggested to us. For this they would probably -relax some of the rigors they exercise against our commerce. - -4. That as to a minister, their Secretary for foreign affairs is disposed -to exchange one, but meets with opposition in his cabinet, so as to -render the issue uncertain. - -From the whole of which, the Secretary of State is of opinion that Mr. -Morris' letters remove any doubts which might have been entertained as -to the intentions and dispositions of the British cabinet. - -That it would be dishonorable to the United States, useless and even -injurious, to renew the propositions for a treaty of commerce, or for -the exchange of a minister; and that these subjects should now remain -dormant, till they shall be brought forward earnestly by them. - -That the demands of the posts, and of indemnification for the negroes, -should not be again made till we are in readiness to do ourselves the -justice which may be refused. - -That Mr. Morris should be informed that he has fulfilled the object of his -agency to the satisfaction of the President, inasmuch as he has enabled -him to judge of the real views of the British cabinet, and that it is -his pleasure that the matters committed to him be left in the situation -in which the letter shall find them. - -That a proper compensation be given to Mr. Morris for his services herein, -which having been begun on the 22d of January, and ended the 18th of -September, comprehend a space of near eight months; that the allowance -to an agent may be properly fixed anywhere between the half and the -whole of what is allowed to a Chargé d'affaires; which, according to the -establishment of the United States at the time of this appointment, was -at the rate of $3,000 a year; consequently, that such a sum of between -one and two thousand dollars be allowed him as the President shall deem -proper, on a view of the interference which this agency may have had -with Mr. Morris' private pursuits in Europe. - - -XVIII.--_Report relative to the Mediterranean trade._ - - December 28, 1790. - -The Secretary of State, to whom was referred by the House of -Representatives so much of the speech of the President of the United -States to both Houses of Congress, as relates to the trade of the United -States in the Mediterranean, with instructions to report thereupon to -the House, has had the same under consideration, and thereupon makes -the following report: - -The loss of the records of the custom houses in several of the States, -which took place about the commencement and during the course of the -late war, has deprived us of official information, as to the extent of -our commerce and navigation in the Mediterranean sea. According to the -best which may be obtained from other sources meriting respect, it may be -concluded that about one-sixth of the wheat and flour exported from the -United States, and about one-fourth in value of their dried and pickled -fish, and some rice, found their best markets in the Mediterranean ports; -that these articles constituted the principal part of what we sent into -that sea; that that commerce loaded outwards from eighty to one hundred -ships, annually, of twenty thousand tons, navigated by about twelve -hundred seamen. It was abandoned early in the war. And after the peace -which ensued, it was obvious to our merchants, that their adventures -into that sea would be exposed to the depredations of the piratical -States on the coast of Barbary. Congress, too, was very early attentive -to this danger, and by a commission of the 12th of May, 1784, authorized -certain persons, named ministers plenipotentiary for that purpose, to -conclude treaties of peace and amity with the Barbary powers. And it -being afterwards found more expedient that the negotiations should be -carried on at the residences of those powers. Congress, by a farther -commission, bearing date the 11th of March, 1785, empowered the same -ministers plenipotentiary to appoint agents to repair to the said powers -at their proper residences, and there to negotiate such treaties. The -whole expenses were limited to eighty thousand dollars. Agents were -accordingly sent to Morocco and Algiers. - -Before the appointment of the one to Morocco, it was known that a -cruiser of that State had taken a vessel of the United States; and that -the emperor, on the friendly interposition of the court of Madrid had -liberated the crew, and made restitution of the vessel and cargo, as -far as their condition admitted. This was a happy presage of the liberal -treaty he afterwards concluded with our agent, still under the friendly -mediation of Spain, and at an expense of between nine and ten thousand -dollars only. On his death, which has taken place not long since, it -becomes necessary, according to their usage, to obtain immediately a -recognition of the treaty by his successor, and consequently, to make -provision for the expenses which may attend it. The amount of the former -furnishes one ground of estimate; but the character and dispositions of -the successor, which are unknown here, may influence it materially. The -friendship of this power is important, because our Atlantic as well as -Mediterranean trade is open to his annoyance, and because we carry on -a useful commerce with his nation. - -The Algerines had also taken two vessels of the United States, with -twenty-one persons on board, whom they retained as slaves. On the arrival -of the agent sent to that regency, the dey refused utterly to treat of -peace on any terms, and demanded 59,496 dollars for the ransom of our -captives. This mission therefore proved ineffectual. - -While these negotiations were on foot at Morocco and Algiers, an -ambassador from Tripoli arrived in London. The ministers plenipotentiary -of the United States met him in person. He demanded for the peace of that -State, thirty thousand guineas; and undertook to engage that of Tunis -for a like sum. These demands were beyond the limits of Congress, and -of reason, and nothing was done. Nor was it of importance, as, Algiers -remaining hostile, the peace of Tunis and Tripoli was of no value, and -when that of the former should be obtained, theirs would soon follow. - -Our navigation, then, into the Mediterranean, has not been resumed at -all since the peace. The sole obstacle has been the unprovoked war of -Algiers; and the sole remedy must be to bring that war to an end, or to -palliate its effects. Its effects may, perhaps, be palliated by insuring -our ships and cargoes destined for that sea, and by forming a convention -with the regency, for the ransom of our seamen, according to a fixed -tariff. That tariff will, probably, be high, and the rate of insurance -so settled, in the long run, as to pay for the vessels and cargoes -captured, and something more. What proportion will be captured nothing -but experience can determine. Our commerce differs from that of most of -the nations with whom the predatory States are in habits of war. Theirs -is spread all over the face of the Mediterranean, and therefore must -be sought for all over its face. Ours must all enter at a strait only -five leagues wide; so that their cruisers, taking a safe and commanding -position near the strait's mouth, may very effectually inspect whatever -enters it. So safe a station, with a certainty of receiving for their -prisoners a good and stated price, may tempt their cupidity to seek our -vessels particularly. Nor is it certain that our seamen could be induced -to engage in that navigation, though with the security of Algerine faith -that they would be liberated on the payment of a fixed sum. The temporary -deprivation of liberty, perhaps chains, the danger of the pest, the perils -of the engagement preceding their surrender, and possible delays of the -ransom, might turn elsewhere the choice of men, to whom all the rest of -the world is open. In every case, these would be embarrassments which -would enter into the merchants' estimate, and endanger the preference of -foreign bottoms not exposed to them. And upon the whole, this expedient -does not fulfil our wish of a complete re-establishment of our commerce -in that sea. - -A second plan might be to obtain peace by purchasing it. For this we -have the example of rich and powerful nations, in this instance counting -their interest more than their honor. If, conforming to their example, -we determine to purchase a peace, it is proper to inquire what a peace -may cost. This being merely a matter of conjecture, we can only compare -together such opinions as have been obtained, and from them form one -for ourselves. - -Mr. Wolf, a respectable Irishman, who had resided very long at Algiers, -thought a peace might be obtained from that regency, and the redemption of -our captives included, for sixty or seventy thousand pounds sterling.[25] -His character and opinion both merited respect. Yet his estimate being the -lowest of all who have hazarded an opinion on this subject, one is apt -to fear his judgment might have been biassed by the hope he entertained -that the United States would charge him with this negotiation. - -Captain O'Brien, one of our captives, who had been in Algiers four years -and a half at the date of his last letter, a very sensible man, and to -whom we are indebted for very minute information, supposes that peace -alone, might be bought for that sum, that is to say, for three hundred -and twenty-two thousand dollars. - -The Tripoline ambassador, before mentioned, thought that peace could be -made with the three smaller powers for ninety thousand pounds sterling, to -which were to be added the expenses of the mission and other incidental -expenses. But he could not answer for Algiers; they would demand more. -The ministers plenipotentiary, who conferred with him, had judged that -as much must be paid to Algiers as to the other three powers together; -and consequently, that according to this measure, the peace of Algiers -would cost from an hundred to an hundred and twenty-five thousand pounds -sterling; or from four hundred and sixty to five hundred and seventy-five -thousand dollars. - -The latter sum seemed to meet the ideas of the Count de Vergennes, who, -from a very long residence at Constantinople, was a good judge of what -related to the porte, or its dependencies. - -A person whose name is not free to be mentioned here, a native of the -continent of Europe, who had long lived, and still lives at Algiers, -with whom the minister plenipotentiary of the United States, at Paris, -had many and long conversations, and found his information full, clear, -and consistent, was of opinion the peace of Algiers could not be bought -by the United States for less than one million of dollars. And when that -is paid, all is not done. On the death of a dey, (and the present one is -between seventy and eighty years of age,) respectable presents must be -made to the successor, that he may recognize the treaty and very often -he takes the liberty of altering it. When a consul is sent or changed, -new presents must be made. If these events leave a considerable interval, -occasion must be made of renewing presents. And with all this they must -see that we are in condition to chastise an infraction of the treaty; -consequently some marine force must be exhibited in their harbor from -time to time. - -The late peace of Spain with Algiers is said to have cost from three -to five millions of dollars. Having received the money, they take the -vessels of that nation on the most groundless pretexts; counting, that -the same force which bound Spain to so hard a treaty, may break it with -impunity. - -Their treaty with France, which had expired, was about two years ago -renewed for fifty years. The sum given at the time of renewal is not -known. But presents are to be repeated every ten years, and a tribute -of one hundred thousand dollars to be annually paid. Yet perceiving that -France, embarrassed at home with her domestic affairs, was less capable -of acting abroad, they took six vessels of that nation in the course of -the last year, and retain the captives, forty-four in number, in slavery. - -It is the opinion of Captain O'Brien, that those nations are best treated -who pay a smaller sum in the beginning, and an annual tribute afterwards. -In this way he informs us that the Dutch, Danes, Swedes, and Venetians -pay to Algiers, from twenty-four to thirty thousand dollars a year, -each; the two first in naval stores, the two last chiefly in money. It -is supposed, that the peace of the Barbary States costs Great Britain -about sixty thousand guineas, or two hundred and eighty thousand dollars -a year. But it must be noted that these facts cannot be authentically -advanced; as from a principle of self-condemnation, the governments keep -them from the public eye as much as possible. - -Nor must we omit finally to recollect, that the Algerines, attentive -to reserve always a sufficient aliment for their piracies, will never -extend their peace beyond certain limits, and consequently, that we may -find ourselves in the case of those nations to whom they refuse peace -at any price. - -The third expedient is to repel force by force. Several statements are -hereto annexed of the naval force of Algiers, taken in 1785, 1786, 1787, -1788, and 1789, differing in small degrees, but concurring in the main. -From these it results that they have usually had about nine chebecs, -from ten to thirty-six guns, and four galleys, which have been reduced -by losses to six chebecs and four galleys. They have a forty-gun frigate -on the stocks, and expect two cruisers from the grand seignior. The -character of their vessels is, that they are sharp built and swift, but -so light as not to stand the broadside of a good frigate. Their guns are -of different calibres, unskilfully pointed and worked. The vessels illy -manœuvred, but crowded with men, one third Turks, the rest Moors, of -determined bravery, and resting their sole hopes on boarding. But two of -these vessels belong to the government, the rest being private property. -If they come out of the harbor together, they separate immediately in -quest of prey; and it is said they were never known to act together -in any instance. Nor do they come out at all, when they know there are -vessels cruising for them. They perform three cruises a year, between -the middle of April and November, when they unrig and lay up for the -winter. When not confined within the straits, they rove northwardly to -the channel, and westwardly to the westward islands. - -They are at peace at present, with France, Spain, England, Venice, the -United Netherlands, Sweden, and Denmark; and at war with Russia, Austria, -Portugal, Naples, Sardinia, Genoa, and Malta. - -Should the United States propose to vindicate their commerce by arms, -they would, perhaps, think it prudent to possess a force equal to the -whole of that which may be opposed to them. What that equal force would -be, will belong to another department to say. - -At the same time it might never be necessary to draw out the whole at -once, nor perhaps any proportion of it, but for a small part of the -year; as it is reasonable to presume that a concert of operation might -be arranged among the powers at war with the Barbary States, so as that, -each performing a tour of given duration, and in given order, a constant -cruise during the eight temperate months of every year, may be kept -up before the harbor of Algiers, till the object of such operations be -completely obtained. Portugal has singly, for several years past, kept -up such a cruise before the straits of Gibraltar, and by that means has -confined the Algerines closely within. But two of their vessels have -been out of the straits in the last five years. Should Portugal effect a -peace with them, as has been apprehended for some time, the Atlantic will -immediately become the principal scene of their piracies; their peace -with Spain having reduced the profits of their Mediterranean cruises -below the expenses of equipment. - -Upon the whole, it rests with Congress to decide between war, tribute, -and ransom, as the means of re-establishing our Mediterranean commerce. -If war, they will consider how far our own resources shall be called -forth, and how far they will enable the Executive to engage, in the -forms of the constitution, the co-operation of other powers. If tribute -or ransom, it will rest with them to limit and provide the amount; and -with the Executive, observing the same constitutional forms, to take -arrangements for employing it to the best advantage. - - -No. 1.--_Extract of a letter from Richard O'Brien, one of the American -captives at Algiers, to Congress. Algiers, December 26, 1789._ - -"It was the opinion of Mr. John Wolf, who resided many years in this -city, that the United States of America may obtain a peace for one hundred -years with this regency, for the sum of sixty or seventy thousand pounds -sterling, and the redemption of fifteen Americans included. Mr. Wolf was -the British _chargé des affaires_ in Algiers, and was much the friend -of America, but he is no more. - -"I have now been four years and a half in captivity, and I have much -reason to think, that America may obtain a peace with Algiers for the sum -of sixty-five or seventy thousand pounds, considering the present state -of Algiers. That this regency would find it their interest to take two -or three American cruisers in part payment for making a peace; and also -would take masts, yards, plank, scantling, tar, pitch, and turpentine, -and Philadelphia iron, as a part payment; all to be regulated at a -certain fixed price by treaty." - - -No. 2.--_Extract of a letter from the Honorable John Adams, Minister -Plenipotentiary for the United States at London, to the Honorable John -Jay, Secretary for Foreign Affairs. London, February 22, 1786_ - -"On Monday evening another conference was held with the Tripolitan -ambassador. When he began to explain himself concerning his demands, he -said they would be different according to the duration of the treaty. -If that were perpetual, they would be greater; if for a term of years, -less; his advice was that it should be perpetual. Once signed by the -bashaw, dey, and other officers, it would be indissoluble and binding -forever upon all their successors. But if a temporary treaty were made, -it might be difficult and expensive to revive it. For a perpetual treaty, -such as they now had with Spain, a sum of thirty thousand guineas must -be paid upon the delivery of the articles signed by the dey and other -officers. If it were agreed to, he would send his secretary by land to -Marseilles, and from thence, by water, to Tripoli, who should bring it -back by the same route, signed by the dey, &c. He had proposed so small -a sum in consideration of the circumstances, but declared it was not -half of what had been lately paid them by Spain. If we chose to treat -upon a different plan, he would make a treaty perpetual upon the payment -of twelve thousand five hundred guineas for the first year, and three -thousand guineas annually, until the thirty thousand guineas were paid. It -was observed that these were large sums, and vastly beyond expectation; -but his excellency answered, that they never made a treaty for less. -Upon the arrival of a prize, the dey and other officers are entitled, -by their laws, to large shares, by which they might make greater profits -than those sums amounted to, and they never would give up this advantage -for less. - -"He was told, that although there was full power to treat, the American -ministers were limited to a much smaller sum; so that it would be -impossible to do anything until we wrote to Congress and know their -pleasure. Colonel Smith was present at this, as he had been at the -last conference, and agreed to go to Paris, to communicate all to Mr. -Jefferson, and persuade him to come here, that we may join in farther -conferences, and transmit the result to Congress. - -"The ambassador believed that Tunis and Morocco would treat upon the -same terms, but could not answer for Algiers. They would demand more. -When Mr. Jefferson arrives, we shall insist upon knowing the ultimatum, -and transmit it to Congress. - -"Congress will perceive that one hundred and twenty thousand guineas will -be indispensable to conclude with the four powers at this rate, besides -a present to the ambassadors, and their incidental charges. Besides -this, a present of five hundred guineas is made, upon the arrival of -a consul in each State. No man wishes more fervently that the expense -could be less, but the fact cannot be altered, and the truth ought not -to be concealed. - -"It may be reasonably concluded that this great affair cannot be finished -for much less than two hundred thousand pounds sterling." - - -No. 3.--_Extract of a Letter from the Honorable Thomas Jefferson, Minister -Plenipotentiary for the United States at Paris, to the Honorable John -Jay, Secretary for foreign Affairs. Paris, May 23, 1786._ - -"Letters received both from Madrid and Algiers, while I was in London, -having suggested that treaties with the States of Barbary would be much -facilitated by a previous one with the Ottoman Porte, it was agreed -between Mr. Adams and myself, that on my return I should consult, on this -subject, the Count De Vergennes, whose long residence at Constantinople -rendered him the best judge of its expediency. Various circumstances -have put it out of my power to consult him till to-day. I stated to him -the difficulties we were likely to meet with at Algiers, and asked his -opinion, what would be the probable expense of a diplomatic mission -to Constantinople, and what its effects at Algiers. He said that the -expense would be very great; for that presents must be made at that -court, and every one would be gaping after them; and that it would not -procure us a peace at Algiers one penny the cheaper. He observed that -the Barbary States acknowledged a sort of vassalage to the Porte, and -availed themselves of that relation when anything was to be gained by -it; but that whenever it subjected them to the demand from the Porte, -they totally disregarded it; that money was the sole agent. He cited the -present example of Spain, which, though having a treaty with the Porte, -would probably be obliged to buy a peace at Algiers, at the expense of -upwards of six millions of livres. I told him we had calculated, from -the demands and information of the Tripoline ambassador at London, that -to make peace with the four Barbary States would cost us between two -and three hundred thousand guineas, if bought with money. - -"The sum did not seem to exceed his expectations. I mentioned to him, that -considering the uncertainty of a peace, when bought, perhaps Congress -might think it more eligible to establish a cruise of frigates in the -Mediterranean, and even blockade Algiers. He supposed it would require -ten vessels, great and small. I observed to him that M. De Massiac had -formerly done it with five; he said it was true, but that vessels of -relief would be necessary. I hinted to him that I thought the English -capable of administering aid to the Algerines. He seemed to think it -impossible, on account of the scandal it would bring on them. I asked him -what had occasioned the blockade by M. De Massiac, he said an infraction -of their treaty by the Algerines." - - -No. 4.--_Extract of a Letter from Richard O'Brien to the Hon. Thomas -Jefferson. Algiers, April 28, 1787._ - -"It seems the Neapolitan ambassador had obtained a truce with this -regency for three months; and the ambassador wrote his court of his -success; but about the 1st of April, when the cruisers were fitting out, -the ambassador went to the dey, and hoped the dey would give the necessary -orders to the captains of his cruisers not to take the Neapolitan vessels. -The dey said the meaning of the truce was not to take the Neapolitan -cruisers, but if his chebecks should meet the Neapolitan merchantmen to -take them and send them for Algiers. The ambassador said, the Neapolitan -cruisers would not want a pass on those terms. The dey said, if his -chebecks should meet either men of war or merchant vessels, to take them; -so gave orders accordingly. The Algerines sailed the 9th instant, and -are gone, I believe, off the coast of Italy. This shows there is very -little confidence to be put in the royal word. No principle of national -honor will bind those people; and I believe not much confidence to be -put in them in treaties. The Algerines are not inclinable to a peace -with the Neapolitans. I hear of no negotiation. When the two frigates -arrive with the money for the ransom of the slaves, I believe they are -done with the Neapolitans." - - -_Extract of a Letter from Richard O'Brien to the Hon. Thomas Jefferson. -Algiers, June 13, 1789._ - -"The cruisers had orders to take the Danes; but I believe Denmark, -suspecting that on account of their alliance with Russia, that the grand -seignior would order the regency of Algiers to make war against the -Danes; accordingly, the Danes have evacuated the Mediterranean seas, -until the affairs of Europe are more settled. The Danish ship with -the tribute is shortly expected. She is worth fifty thousand dollars; -so that the Algerines will not make known publicly their intention of -breaking with Denmark, until this ship arrives with the tribute. I am -very sure that Mr. Robindar is very sensible of the intention of those -sea-robbers, the terror and scourge of the Christians. The reason the -Algerines have not committed any depredations on the English, is, that -the cruisers have not met with any of them richly loaded; for if they -had met a rich ship from London for Livorna, they would certainly have -brought her into port, and said that such ship was loaded for the enemy -of Algiers at Livorna; but if that was not a sufficient excuse, hove -overboard or clipt the pass. - -"Consul Logie has been treated with much contempt by the Algerine -ministry; and you may depend, that when the dey goes to his long home, -that his successor will not renew the peace with Great Britain, without -a large sum of money is paid, and very valuable presents. This I well -know; the whole ministry says, that the peace with the English is very -old, and that the English must conform to the custom of other nations, -in giving the government here money and presents. In fact, the Algerines -are trying their endeavors to find some nation to break the peace with -them. I think, if they had treated the English in such a manner as they -have the French, that the English would resent it." - - -_Extract of a Letter from Richard O'Brien to the Hon. Thomas Jefferson. -Algiers, June 13, 1789._ - -"What dependence or faith could be given to a peace with the Algerines, -considering their present haughtiness, and with what contempt and -derision do they treat all nations; so that, in my opinion, until the -Algerines more strictly adhere to the treaties they have already made, -it would be impolitic in any nation to try to make a peace here; for I -see they take more from the nations they are at peace with, than from -those they are at declared war with. The Portuguese, I hope, will keep -the Algerines inside the straits; for only consider the bad consequence -of the Algerines going into the mar Grandi. Should the Portuguese make -a sudden peace with this regency, the Algerines would immediately go -out of the straits, and of course, take many an American." - - -No. 5.--_Extract of a Letter from the Hon. John Adams, Esq., Minister -Plenipotentiary of the United States at the Court of Great Britain, to -the Hon. John Jay, Esq., Secretary for Foreign Affairs. February 16, -1786._ - -"The American commerce can be protected from these Africans only -by negotiation, or by war. If presents should be exacted from us, as -ample as those which are given by England, the expense may amount to -sixty thousand pounds sterling a year, an enormous sum to be sure; but -infinitely less than the expense of fighting. Two frigates of 30 guns -each would cost as much to fit them for the sea, besides the accumulating -charges of stores, provisions, pay, and clothing. The powers of Europe -generally send a squadron of men of war with their ministers, and offer -battle at the same time that they propose treaties and promise presents." - - -No. 6.--_Several statements of the Marine force of Algiers.--Public and -private_ - -May 20, 1786.--Mr. Lamb says it consists of - - 9 Chebecs } from 36 to 8 guns; manned, the largest with 400 men, - 10 Row Galleys} and so in proportion. - -May 27, 1787.--Mr. Randall furnishes two statements, viz.: - - A more general one--1 Setye of 34 guns. - 2 " " 32 " - 1 " " 26 " - 1 " " 24 " - 1 Chebec 20 " - 1 " " 18 " - 1 " " 10 " - --- - 8 - - 4 half-galleys, carrying from 120 to 130 Moors. - 3 galliots of 70, 60, and 50 Moors. - -A more particular one as follows: - - 1 of 32 guns, viz. 2 eighteens, 24 nines, 6 fours, and 450 men. - 1 of 28 " " 2 twelves, 24 " 2 sixes, " 400 " - 1 of 24 " " 20 fours, " 350 " - 1 of 20 " " 20 sixes, " 300 " - 2 of 18 " " 18 " " 260 " - 1 of 16 " " 16 " " 250 " - 2 small craft. - --- - 9 - - 55 gun-boats, carrying 1 twelve pounder each, for defence of the - harbor. - -June 8, 1786.--A letter from the three American captains, O'Brien, -Coffin, and Stephens, state them - - as 1 of 32 - 1 of 30 - 3 of 24 - 3 of 18 - 1 of 12 - --- - 9 and 55 gun-boats. - -September 25, 1787.--Captain O'Brien furnishes the following statement - - 1 of 30 guns, 400 men, 106 feet length, straight keel. - 1 of 26 " 320 " 96 " " " " - 2 of 22 " 240 " 80 " " " " - 1 of 22 " 240 " 75 " " " " - 1 of 22 " 240 " 70 " " " " - 1 of 18 " 200 " 70 " " " " - 1 of 16 " 180 " 64 " " " " - 1 of 12 " 150 " 50 " " " " - --- - 9 - Galleys 1 of 4 " 70 " 40 " " " " - 2 of 2 " 46 " 32 " " " " - 1 of 2 " 40 " 32 " " " " - -February 5, 1788.--Statement by the inhabitants of Algiers, spoken of -in the report. - - 9 vessels from 36 down to 20 guns. - 4 or 5 smaller. - -About this date the Algerines lost two or three vessels, stranded or taken. - -December, 1789.--Captain O'Brien furnishes the latest statement. - - 1 ship of 24 guns, received lately from France. - 5 large cruisers. - --- - 6 3 galleys, and 60 gun-boats. - -In the fall of 1789, they laid the keel of a 40 gun frigate, and they -expect two cruisers from the grand seignior. - - -No. 7.--_Translation of a Letter from Count D'Estaing to the Hon. Thomas -Jefferson, Esq. Paris, May 17, 1784._ - -SIR,--In giving you an account of an opinion of Mr. Massiac, and -which absolutely corresponds with my own, I cannot too much observe how -great a difference may take place in the course of forty years between -the means which he required and those which political circumstances, -that I cannot ascertain, may exact. - -This Secretary of State, afterwards vice-Admiral, had the modesty, when a -captain, to propose a means for the reduction of Algiers, less brilliant -to himself, but more sure and economical than the one government was -about to adopt. They wanted him to undertake a bombardment; he proposed -a simple blockade. All the force he requested was a single man-of-war, -two strong frigates, and two sloops-of-war. - -I am convinced, that by blocking up Algiers by cross-anchoring, and with -a long tow, that is to say, with several cables spliced to each other, -and with iron chains, one might, if necessary, always remain there, and -there is no Barbarian power thus confined, which would not sue for peace. - -During the war before last the English remained, even in winter, at -anchor before Morbian, on the coast of Brittany, which is a much more -dangerous coast. Expeditious preparation for sailing of the vessels -which form the blockade, which should be of a sufficient number to -prevent anything from entering or going out, while the rest remain at -their stations, the choice of these stations, skilful manœuvres, strict -watch during the night, every precaution against the element which every -seaman ought to be acquainted with; also, against the enemy to prevent -the sudden attack of boats, and to repel them in case they should make -an attack by boats prepared for the purpose, frequent refreshments for -the crews, relieving the men, an unshaken constancy and exactness in -service, are the means, which in my opinion, would render the event -indubitable. Bombardments are but transitory. It is, if I may so express -myself, like breaking glass windows with guineas. None have produced -effect against the barbarians. Even an imperfect blockade, were one -to have the patience and courage to persist therein, would occasion a -perpetual evil, it would be insupportable in the long run. To obtain the -end proposed no advantage ought to be lost. If several powers would come -to a good understanding, and pursue a plan formed on the principles of -humanity; if they were not counteracted by others, it would require but -a few years to compel the barbarians to cease being pirates; they would -become merchants in spite of themselves. It is needless to observe, that -the unsuccessful attempts of Spain, and those under which the republic -of Venice, perhaps, hides other views, have increased the strength as -well as the self-love of all the barbarians. We are assured that the -Algerines have fitted out merchantmen with heavy cannon. This would -render it necessary to block the place with two ships, so that one of -the two might remain moored near the bar, while the other might prepare -to support such of the frigates as should give chase. But their chebecs, -even their frigates, and all their vessels, although overcharged with -men, are moreover so badly armed and manœuvred that assistance from -without would be most to be feared. - -Your excellency has told me the only true means of bringing to terms the -only people who can take a pleasure in disturbing our commerce. You see, -I speak as an American citizen; this title, dear to my heart, the value -of which I justly prize, affords me the happy opportunity of offering, -still more particularly, the homage, the sincere attachment, and the -respect with which I have the honor to be, &c. - - ESTAING. - -FOOTNOTE: - - [25] See No. 1 accompanying this report. - - -XIX.--_Report on the Algerine Prisoners._ - - December 28, 1790. - -The Secretary of State, having had under consideration the situation -of the citizens of the United States in captivity at Algiers, makes the -following report thereupon to the President of the United States: - -When the House of Representatives, at their late session, were pleased to -refer to the Secretary of State, the petition of our citizens in captivity -at Algiers, there still existed some expectation that certain measures, -which had been employed to effect their redemption, the success of which -depended on their secrecy, might prove effectual. Information received -during the recess of Congress has so far weakened those expectations, as -to make it now a duty to lay before the President of the United States, -a full statement of what has been attempted for the relief of these our -suffering citizens, as well before, as since he came into office, that -he may be enabled to decide what further is to be done. - -On the 25th of July, 1785, the schooner Maria, Captain Stevens, belonging -to a Mr. Foster, of Boston, was taken off Cape St. Vincents, by an -Algerine corsair; and, five days afterwards, the ship Dauphin, Captain -O'Brien, belonging to Messieurs Irvins of Philadelphia, was taken by -another Algerine, about fifty leagues westward of Lisbon. These vessels, -with their cargoes and crews, twenty-one persons in number, were carried -into Algiers. - -Congress had some time before commissioned ministers plenipotentiary for -entering into treaties of amity and commerce with the Barbary Powers, and -to send to them proper agents for preparing such treaties. An agent was -accordingly appointed for Algiers, and his instructions prepared, when -the Ministers Plenipotentiary received information of these captures. -Though the ransom of captives was not among the objects expressed in -their commissions, because at their dates the case did not exist, yet -they thought it their duty to undertake that ransom, fearing that the -captives might be sold and dispersed through the interior and distant -countries of Africa, if the previous orders of Congress should be waited -for. They therefore added a supplementary instruction to the agent to -negotiate their ransom. But, while acting thus without authority, they -thought themselves bound to offer a price so moderate as not to be -disapproved. They therefore restrained him to two hundred dollars a man; -which was something less than had been just before paid for about three -hundred French captives, by the Mathurins, a religious order of France, -instituted in ancient times for the redemption of Christian captives -from the infidel Powers. On the arrival of the agent at Algiers, the dey -demanded fifty-nine thousand four hundred and ninety-six dollars for the -twenty-one captives, and could be brought to abate but little from that -demand. The agent, therefore, returned in 1786, without having effected -either peace or ransom. - -In the beginning of the next year, 1787, the Minister Plenipotentiary of -the United States at Paris procured an interview with the general of the -religious order of Mathurins, before mentioned, to engage him to lend -his agency, at the expense of the United States, for the redemption of -their captive citizens. He proffered at once all the services he could -render, with the liberality and the zeal which distinguish his character. -He observed, that he had agents on the spot, constantly employed in -seeking out and redeeming the captives of their own country; that these -should act for us, as for themselves; that nothing could be accepted for -their agency; and that he would only expect that the price of redemption -should be ready on our part, so as to cover the engagement into which he -should enter. He added, that, by the time all expenses were paid, their -last redemption had amounted to near two thousand five hundred livres -a man, and that he could by no means flatter us that they could redeem -our captives as cheap as their own. The pirates would take advantage of -its being out of their ordinary line. Still he was in hopes they would -not be much higher. - -The proposition was then submitted to Congress, that is to say, in -February, 1787, and on the 19th of September, in the same year, their -Minister Plenipotentiary at Paris received their orders to embrace the -offers of the Mathurins. This he immediately notified to the general, -observing, however, that he did not desire him to enter into any -engagements till a sufficient sum to cover them should be actually -deposited in Paris. The general wished that the whole might be kept -rigorously secret, as, should the barbarians suspect him to be acting for -the United States, they would demand such sums as he could never agree to -give, even with our consent, because it would injure his future purchases -from them. He said he had information from his agent at Algiers, that our -captives received so liberal a daily allowance as to evince that it came -from a public source. He recommended that this should be discontinued; -engaging that he would have an allowance administered to them, much -short indeed of what they had hitherto received, but such as was given -to his own countrymen, quite sufficient for physical necessities, and -more likely to prepare the opinion, that as they were subsisted by his -charity, they were to be redeemed by it also. These ideas, suggested to -him by the danger of raising his market, were approved by the Minister -Plenipotentiary; because, this being the first instance of a redemption -by the United States, it would form a precedent, because a high price -given by us might induce these pirates to abandon all other nations in -pursuit of Americans; whereas, the contrary would take place, could our -price of redemption be fixed at the lowest point. - -To destroy, therefore, every expectation of a redemption by the United -States, the bills of the Spanish consul at Algiers, who had made the kind -advances before spoken of for the sustenance of our captives, were not -answered. On the contrary, a hint was given that these advances had better -be discontinued, as it was not known that they would be reimbursed. It -was necessary even to go further, and to suffer the captives themselves -and their friends to believe for awhile, that no attention was paid -to them, no notice taken of their letters. They are still under this -impression. It would have been unsafe to trust them with a secret, the -disclosure of which might forever prevent their redemption, by raising -the demands of the captors to sums which a due regard for our seamen, -still in freedom, would forbid us to give. This was the most trying of -all circumstances, and drew from them the most afflicting reproaches. - -It was a twelvemonth afterwards before the money could be deposited in -Paris, and the negotiation be actually put into train. In the meantime -the general had received information from Algiers of a very considerable -change of prices there. Within the last two or three years the Spaniards, -the Neapolitans, and the Russians, had redeemed at exorbitant sums. -Slaves were become scarce, and would hardly be sold at any price. Still -he entered on the business with an assurance of doing the best in his -power; and he was authorized to offer as far as three thousand livres, -or five hundred and fifty-five dollars a man. He wrote immediately to -consult a confidential agent at Marseilles, on the best mode of carrying -this business into effect; from whom he received the answer No. 2, hereto -annexed. - -Nothing further was known of his progress or prospects, when the House -of Representatives were pleased, at their last session, to refer the -petition of our captives at Algiers to the Secretary of State. The -preceding narrative shows that no report could have then been made without -risking the object, of which some hopes were still entertained. Later -advices, however, from the chargé des affaires of the United States, at -Paris, informs us, that these measures, though not yet desperate, are -not to be counted on. Besides the exorbitance of price, before feared, -the late transfer of the lands and revenues of the clergy in France -to the public, by withdrawing the means, seems to have suspended the -proceedings of the Mathurins in the purposes of their institution. - -It is time, therefore, to look about for something more promising, -without relinquishing, in the meanwhile, the chance of success through -them. Endeavors to collect information, which have been continued a -considerable time, as to the ransoms which would probably be demanded -from us, and those actually paid by other nations, enable the Secretary -of State to lay before the President the following short view, collected -from original papers now in his possession, or from information delivered -to him personally. Passing over the ransoms of the Mathurins, which are -kept far below the common level by special circumstances: - -In 1786, the dey of Algiers demanded from our agent $59,496 for twenty-one -captives, which was $2,833 a man. The agent flattered himself they could -be ransomed for $1,200 apiece. His secretary informed us, at the same -time, that Spain had paid $1,600. - -In 1787, the Russians redeemed at $1,546 a man. - -In 1788, a well-informed inhabitant of Algiers assured the Minister -Plenipotentiary of the United States at Paris, that no nation had -redeemed, since the Spanish treaty, at less than from £250 to £300 -sterling, the medium of which is $1,237. Captain O'Brien, at the same -date, thinks we must pay $1,800, and mentions a Savoy captain, just -redeemed at $4,074. - -In 1789, Mr. Logie, the English consul at Algiers, informed a person who -wished to ransom one of our common sailors, that he would cost from £450 -to £500 sterling, the mean of which is $2,137. In December of the same -year, Captain O'Brien thinks our men will now cost $2,290 each, though -a Jew merchant believes he could get them for $2,264. - -In 1790, July 9th, a Mr. Simpson, of Gibraltar, who, at some particular -request, had taken pains to find for what sum our captives could be -redeemed, finds that the fourteen will cost $34,79,228, which is $2,485 -a man. At the same date, one of them, a Scotch boy, a common mariner, -was actually redeemed at 8,000 livres, equal to $1,481, which is within -nineteen dollars of the price Simpson states for common men; and the -chargé des affaires of the United States at Paris is informed that -the whole may be redeemed at that rate, adding fifty per cent. on the -captains, which would bring it to $1,571 a man. - -It is found then that the prices are 1,200, 1,237, 1,481, 1,546, 1,571, -1,600, 1,800, 2,137, 2,264, 2,485, 2,833, and 2,920 dollars a man, not -noticing that of $4,074, because it was for a captain. - -In 1786, there were 2,200 captives in Algiers, which, in 1789, had been -reduced by death or ransom to 655. Of ours six have died, and one has -been ransomed by his friends. - -From these facts and opinions, some conjecture may be formed of the -terms on which the liberty of our citizens may be obtained. - -But should it be thought better to repress force by force, another -expedient for their liberation may perhaps offer. Captures made on the -enemy may perhaps put us into possession of some of their mariners, and -exchange be substituted for ransom. It is not indeed a fixed usage with -them to exchange prisoners. It is rather their custom to refuse it. -However, such exchanges are sometimes effected, by allowing them more -or less of advantage. They have sometimes accepted of two Moors for a -Christian, at others they have refused five or six for one. Perhaps -Turkish captives may be objects of greater partiality with them, as -their government is entirely in the hands of Turks, who are treated in -every instance as a superior order of beings. Exchange, too, will be more -practicable in our case, as our captives have not been sold to private -individuals, but are retained in the hands of the Government. - -The liberation of our citizens has an intimate connection with -the liberation of our commerce in the Mediterranean, now under the -consideration of Congress. The distresses of both proceed from the same -cause, and the measures which shall be adopted for the relief of the -one, may, very probably, involve the relief of the other. - - -XX.--_The Secretary of State, to whom was referred by the House of -Representatives, the representation from the General Court of the -Commonwealth of Massachusetts, on the subjects of the cod and whale -fisheries, together with the several papers accompanying it, has had -the same under consideration, and thereupon makes the following report_: - - February 1, 1791. - -The representation sets forth that, before the late war, about four -thousand seamen, and about twenty-four thousand tons of shipping, were -annually employed from that State, in the whale fishery, the produce -whereof was about three hundred and fifty thousand pounds lawful money -a year. - -That, previous to the same period, the cod fishery of that State employed -four thousand men, and twenty-eight thousand tons of shipping, and -produced about two hundred and fifty thousand pounds a year. - -That these branches of business, annihilated during the war, have been, -in some degree, recovered since; but that they labor under many and -heavy embarrassments, which, if not removed, or lessened, will render -the fisheries every year less extensive and important. - -That these embarrassments are, heavy duties on their produce abroad, -and bounties on that of their competitors; and duties at home on several -articles, particularly used in the fisheries. - -And it asks that the duties be taken off; that bounties be given to -the fishermen; and the national influence be used abroad, for obtaining -better markets for their produce. - -The cod and whale fisheries, carried on by different persons, from -different ports, in different vessels, in different seas, and seeking -different markets, agree in one circumstance, in being as unprofitable -to the adventurer, as important to the public. A succinct view of their -rise, progress, and present state, with different nations, may enable -us to note the circumstances which have attended their prosperity, and -their decline; to judge of the embarrassments which are said to oppress -ours; to see whether they depend on our own will, and may, therefore, -be remedied immediately by ourselves, or, whether depending on the will -of others, they are without the reach of remedy from us, either directly -or indirectly. - -Their history being as unconnected as their practice, they shall be -separately considered. - -Within twenty years after the supposed discovery of Newfoundland, by -the Cabots, we find that the abundance of fish on its banks, had already -drawn the attention of the people of Europe. For, as early as 1517, or -1519, we are told of fifty ships being seen there at one time. The first -adventurers in that fishery were the Biscayans, of Spain, the Basques -and Bas-Bretons, of France, all united anciently in language, and still -in habits, and in extreme poverty. The last circumstance enabled them -long to retain a considerable share of the fishery. In 1577, the French -had one hundred and fifty vessels there; the Spaniards had still one -hundred, and the Portuguese fifty, when the English had only fifteen. -The Spaniards and Portuguese seem at length to have retired silently, the -French and English claiming the fishery exclusively, as an appurtenance -to their adjacent colonies, and the profits being too small for nations -surcharged with the precious metals proceeding from their mines. - -Without materials to trace the intermediate progress, we only know that, -so late as 1744, the French employed there five hundred and sixty-four -ships, and twenty-seven thousand five hundred seamen, and took one million -two hundred and forty-six thousand quintals of fish, which was three -times the extent to which England and her colonies together, carried -this fishery at that time. - -The English, in the beginning of the seventeenth century, had employed, -generally, about one hundred and fifty vessels in the Newfoundland -fishery. About 1670 we find them reduced to eighty, and one hundred, -the inhabitants of New England beginning now to supplant them. A little -before this, the British Parliament perceiving that their citizens were -unable to subsist on the scanty profits which sufficed for their poorer -competitors, endeavored to give them some advantage by prohibiting the -importation of foreign fish; and, at the close of the century, they -formed some regulations for their government and protection, and remitted -to them some duties. A successful war enabled them, in 1713, to force -from the French a cession of the Island of Newfoundland; under these -encouragements, the English and American fisheries began to thrive. In -1731 we find the English take two hundred thousand quintals of fish, -and the Americans two hundred and thirty thousand, besides the refuse -fish, not fit for European markets. They continue to gain ground, and -the French to lose it, insomuch that, about 1755, they are said to -have been on a par; and, in 1768, the French have only two hundred and -fifty-nine vessels, of twenty-four thousand four hundred and twenty tons, -nine thousand seven hundred and twenty-two seamen, taking two hundred -thousand quintals, while America alone, for some three or four years -before that, and so on, to the commencement of the late war, employed -six hundred and sixty-five vessels, of twenty-five thousand six hundred -and fifty tons, and four thousand four hundred and five seamen, and -took from three hundred and fifty thousand to upwards of four hundred -thousand quintals of fish, and England a still greater quantity, five -hundred and twenty-six thousand quintals, as is said. - -Spain had formally relinquished her pretensions to a participation in -these fisheries, at the close of the preceding war; and, at the end -of this, the adjacent continent and islands being divided between the -United States, the English and French, (for the last retained two small -islands merely for this object,) the right of fishing was appropriated -to them also. - -France, sensible of the necessity of balancing the power of England on the -water, and, therefore, of improving every resource for raising seamen, and -seeing that her fishermen could not maintain their competition without -some public patronage, adopted the experiment of bounties on her own -fish, and duties on that of foreign nations brought into her markets. -But, notwithstanding this, her fisheries dwindle, from a change taken -place, insensibly, in the character of her navigation, which, from being -the most economical, is now become the most expensive. In 1786, she is -said to have employed but seven thousand men in this fishery, and to have -taken four hundred and twenty-six thousand quintals; and, in 1787, but -six thousand men, and one hundred and twenty-eight thousand quintals. -She seems not yet sensible that the unthriftiness of her fisheries -proceeds from the want of economy, and not the want of markets; and that -the encouragement of our fishery abridges that of a rival nation, whose -power on the ocean has long threatened the loss of all balance on that -element. - -The plan of the English Government, since the peace, has been to prohibit -all foreign fish in their markets, and they have given from eighteen to -fifty thousand pounds sterling on every fishing vessel complying with -certain conditions. This policy is said to have been so far successful, -as to have raised the number of seamen employed in that business, in -1786, to fourteen thousand, and the quantity of fish taken, to 732,000 -quintals. - - * * * * * - -The fisheries of the United States, annihilated during the war; their -vessels, utensils, and fishermen destroyed; their markets in the -Mediterranean and British America lost, and their produce dutied in those -of France; their competitors enabled by bounties to meet and undersell -them at the few markets remaining open, without any public aid, and, -indeed, paying aids to the public;--such were the hopeless auspices under -which this important business was to be resumed. Yet it was resumed, and, -aided by the mere force of natural advantages, they employed, during -the years 1786, 1787, 1788, and 1789, on an average, five hundred and -thirty-nine vessels, of nineteen thousand one hundred and eighty-five -tons, three thousand two hundred and eighty-seven seamen, and took -two hundred and fifty thousand six hundred and fifty quintals of fish. -* * * * * And an official paper * * * * * shows that, in the last of -those years, our exportation amounted to three hundred and seventy-five -thousand and twenty quintals, and thirty thousand four hundred and -sixty-one barrels; deduction made of three thousand seven hundred and -one quintals, and six thousand three hundred and forty-three barrels of -foreign fish, received and re-exported. * * * * * Still, however, the -calculations * * * * * which accompany the representation, show that -the profits of the sales in the years 1787 and 1788, were too small to -afford a living to the fishermen, and on those of 1789, there was such -a loss as to withdraw thirty-three vessels, of the town of Marblehead -alone, from the further pursuit of this business; and the apprehension -is, that, without some public aid, those still remaining will continue -to withdraw, and this whole commerce be engrossed by a single nation. - -This rapid view of the cod fishery enables us to discern under what -policy it has nourished or declined in the hands of other nations, and -to mark the fact, that it is too poor a business to be left to itself, -even with the nation most advantageously situated. - -It will now be proper to count the advantages which aid, and the -disadvantages which oppose us, in this conflict. - -Our advantages are-- - -1. The neighborhood of the great fisheries, which permits our fishermen -to bring home their fish to be salted by their wives and children. - -2. The shore fisheries, so near at hand, as to enable the vessels to run -into port in a storm, and so lessen the risk, for which distant nations -must pay insurance. - -3. The winter fisheries, which, like household manufactures employ -portions of time, which would otherwise be useless. - -4. The smallness of the vessels, which the shortness of the voyage enables -us to employ, and which, consequently, require but a small capital. - -5. The cheapness of our vessels, which do not cost above the half of -the Baltic fir vessels, computing price and duration. - -6. Their excellence as sea boats, which decreases the risk and quickens -the return. - -7. The superiority of our mariners in skill, activity, enterprise, -sobriety, and order. - -8. The cheapness of provisions. - -9. The cheapness of casks, which, of itself, is said to be equal to an -extra profit of fifteen per cent. - -These advantages are of such force, that, while experience has proved -that no other nation can make a mercantile profit on the Newfoundland -fishery, nor can support it without national aid, we can make a living -profit, if vent for our fish can be procured. - -Of the disadvantages opposed to us, those which depend on ourselves, are-- - -Tonnage and naval duties on the vessels employed in the fishery. - -Impost duties on salt. - -On tea, rum, sugar, molasses, hooks, lines, and leads, duck, cordage, and -cables, iron, hemp, and twine, used in the fishery; coarse woollens, worn -by the fishermen, and the poll tax levied by the State on their persons. -The statement No. 6, shows the amount of these, exclusive of the State -tax and drawback on the fish exported, to be $5 25 per man, or $57 75 -per vessel of sixty-five tons. When a business is so nearly in equilibrio -that one can hardly discern whether the profit be sufficient to continue -it or not, smaller sums than these suffice to turn the scale against -it. To these disadvantages, add ineffectual duties on the importation -of foreign fish. In justification of these last, it is urged that the -foreign fish received, is in exchange for the produce of agriculture. -To which it may be answered, that the thing given, is more merchantable -than that received in exchange, and agriculture has too many markets to -be allowed to take away those of the fisheries. It will rest, therefore, -with the wisdom of the Legislature to decide, whether prohibition should -not be opposed to prohibition, and high duty to high duty, on the fish -of other nations; whether any, and which, of the naval and other duties -may be remitted, or an equivalent given to the fisherman, in the form of -a drawback, or bounty; and whether the loss of markets abroad, may not, -in some degree, be compensated, by creating markets at home; to which -might contribute the constituting fish a part of the military ration, -in stations not too distant from navigation, a part of the necessary -sea stores of vessels, and the encouraging private individuals to let -the fishermen share with the cultivator, in furnishing the supplies of -the table. A habit introduced from motives of patriotism, would soon be -followed from motives of taste; and who will undertake to fix the limits -to this demand, if it can be once excited, with a nation which doubles, -and will continue to double, at very short periods? - -Of the disadvantages which depend on others, are-- - -1. The loss of the Mediterranean markets. - -2. Exclusions from the markets of some of our neighbors. - -3. High duties in those of others; and, - -4. Bounties to the individuals in competition with us. - -The consideration of these will find its place more aptly, after a -review of the condition of our whale fishery shall have led us to the -same point. To this branch of the subject, therefore, we will now proceed. - -The whale fishery was first brought into notice of the southern nations of -Europe, in the fifteenth century, by the same Biscayans and Basques who -led the way to the fishery of Newfoundland. They began it on their own -coasts, but soon found that the principal residence of the whale was in -the Northern seas, into which, therefore, they pursued him. In 1578 they -employed twenty-five ships in that business. The Dutch and Hamburghers -took it up after this, and about the middle of the seventeenth century -the former employed about two hundred ships, and the latter about three -hundred and fifty. - -The English endeavored also to participate of it. In 1672, they offered -to their own fishermen a bounty of six shillings a ton, on the oil -they should bring home, and instituted, at different times, different -exclusive companies, all of which failed of success. They raised their -bounty, in 1733, to twenty shillings a ton, on the admeasurement of the -vessel. In 1740, to thirty shillings, with a privilege to the fishermen -against being impressed. The Basque fishery, supported by poverty alone, -had maintained but a feeble existence, before competitors aided by the -bounties of their nation, and was, in fine, annihilated by the war of -1745, at the close of which the English bounty was raised to forty -shillings. From this epoch, their whale fishery went on between the -limits of twenty-eight and sixty-seven vessels, till the commencement -of the last war. - -The Dutch, in the meantime, had declined gradually to about one hundred -and thirty ships, and have, since that, fallen down to less than half that -number. So that their fishery, notwithstanding a bounty of thirty florins -a man, as well as that of Hamburg, is now nearly out of competition. - -In 1715, the Americans began their whale fishery. They were led to it -at first by the whales which presented themselves on their coasts. They -attacked them there in small vessels of forty tons. As the whale, being -infested, retired from the coast, they followed him farther and farther -into the ocean, still enlarging their vessels with their adventures, to -sixty, one hundred, and two hundred tons. Having extended their pursuit -to the Western Islands, they fell in, accidentally, with the spermaceti -whale, of a different species from that of Greenland, which alone had -hitherto been known in commerce: more fierce and active, and whose oil -and head matter was found to be more valuable, as it might be used in -the interior of houses without offending the smell. The distinction now -first arose between the Northern and Southern fisheries: the object of -the former being the Greenland whale, which frequents the Northern coasts -and seas of Europe and America; that of the latter being the spermaceti -whale, which was found in the Southern seas, from the Western Islands -and coast of Africa, to that of Brazil, and still on to the Falkland -Islands. Here, again, within soundings, on the coast of Brazil, they -found a third species of whale, which they called the black or Brazil -whale, smaller than the Greenland, yielding a still less valuable -oil, fit only for summer use, as it becomes opaque at 50 degrees of -Fahrenheit's termometer, while that of the spermaceti whale is limpid -to 41, and of the Greenland whale to 36, of the same thermometer. It is -only worth taking, therefore, when it falls in the way of the fishermen, -but not worth seeking, except when they have failed of success against -the spermaceti whale, in which case, this kind, easily found and taken, -serves to moderate their loss. - -In 1771 the Americans had one hundred and eighty-three vessels, of -thirteen thousand eight hundred and twenty tons, in the Northern fishery, -and one hundred and twenty-one vessels, of fourteen thousand and twenty -tons, in the Southern, navigated by four thousand and fifty-nine men. -At the beginning of the late war, they had one hundred and seventy-seven -vessels in the Northern, and one hundred and thirty-two in the Southern -fishery. At that period, our fishery being suspended, the English -seized the opportunity of pushing theirs. They gave additional bounties -of £500, £400, £300, £200, £100 sterling, annually, to the five ships -which should take the greatest quantities of oil. The effect of which -was such, as, by the year 1786, to double the quantity of common oil -necessary for their own consumption. Finding, on a review of the subject, -at that time, that their bounties had cost the Government £13 10_s._ -sterling a man, annually, or sixty per cent. on the cargoes, a part of -which went consequently to ease the purchases of this article made by -foreign nations, they reduced the northern bounty from forty to thirty -shillings the ton of admeasurement. - -They had, some little time before, turned their attention to the Southern -fishery, and given very great bounties in it, and had invited the -fishermen of the United States to conduct their enterprises. Under their -guidance, and with such encouragement, this fishery, which had only begun -with them in 1784 or 1785, was rising into value. In 1788 they increased -their bounties, and the temptations to our fishermen, under the general -description of _foreigners who had been employed in the whale fishery_, -to pass over with their families and vessels to the British dominions, -either in America or Europe, but preferably to the latter. The effect of -these measures had been prepared, by our whale oils becoming subject, -in their market, to the foreign duty of £18 5_s._ sterling the ton, -which, being more than equal to the price of the common oil, operated -as a prohibition on that, and gave to their spermaceti oil a preference -over ours to that amount. - - * * * * * - -The fishermen of the United States, left without resource, by the loss -of their market, began to think of accepting the British invitation, -and of removing, some to Nova Scotia, preferring smaller advantages in -the neighborhood of their ancient country and friends, others to Great -Britain, postponing country and friends to high premiums. - -The Government of France could not be inattentive to these proceedings. -They saw the danger of letting four or five thousand seamen, of the -best in the world, be transferred to the marine strength of another -nation, and carry over with them an art, which they possessed almost -exclusively. To give time for a counterplan, the Marquis de Lafayette, -the valuable friend and citizen of this, as well as that country, wrote -to a gentleman in Boston, to dissuade the fishermen from accepting -the British proposals, and to assure them that their friends in France -would endeavor to do something for them. A vessel was then arrived from -Halifax at Nantucket, to take off those who had proposed to remove. Two -families had gone abroad, and others were going. In this moment, the -letter arriving, suspended their designs. Not another went abroad, and -the vessel returned to Halifax with only the two families. - -The plan adopted by the French ministry, very different from that of -the first mover, was to give a counter invitation to the Nantucket men -to remove and settle in Dunkirk, offering them a bounty of fifty livres -(between nine and ten dollars) a ton on the admeasurement of the vessels -they should equip for the whale fishery, with some other advantages. -Nine families only, of thirty-three persons, accepted the invitation. -This was in 1785. In 1786, the ministry were led to see that their -invitation would produce but little effect, and that the true means -of preventing the emigration of our fishermen to the British dominions -would be to enable them still to follow their calling from their native -country, by giving them a new market for their oils, instead of the old -one they had lost. The duties were, therefore, abated on American whale -oil immediately, and a further abatement promised by the letter No. 8, -and, in December, 1787, the arrêt No. 9 was passed. - -The rival fishermen immediately endeavored to turn this measure to -their own advantage, by pouring their whale oils into the markets of -France, where they were enabled, by the great premiums received from -their Government, perhaps, too, by extraordinary indemnifications, to -undersell both the French and American fishermen. To repel this measure, -France shut her ports to all foreign fish oils whatever, by the arrêt -No. 10. The British whale fishery fell, in consequence, the ensuing year -from two hundred and twenty-two to one hundred and seventy-eight ships. -But this general exclusion has palsied our fishery also. On the 7th of -December, 1788, therefore, by the arrêt No. 11, the ports of France still -remaining shut to all other nations, were again opened to the produce -of the whale fisheries of the United States, continuing, however, their -endeavors to recover a share in this fishery themselves, by the aid of -our fishermen. In 1784, 1785, 1786, they had had four ships. In 1787, -three. In 1788, seventeen in the two fisheries of four thousand five -hundred tons. These cost them in bounty 225,000 livres, which divided -on one thousand five hundred and fifty tons of oil, the quantity they -took, amounted to 145 livres (near twenty-seven dollars) the ton, and, -on about one hundred natives on board the seventeen ships, (for there -were one hundred and fifty Americans engaged by the voyage) came to -2,225 livres, or about 416⅔ dollars a man. - -We have had, during the years 1787, 1788 and 1789, on an average, -ninety-one vessels, of five thousand eight hundred and twenty tons, in -the northern, and thirty-one of four thousand three hundred and ninety -tons in the southern fishery. * * * * * - -These details will enable Congress to see with what a competition we -have to struggle for the continuance of this fishery, not to say its -increase. Against prohibitory duties in one country, and bounties to -the adventurers in both of those which are contending with each other -for the same object, ours have no auxiliaries, but poverty and rigorous -economy. The business, unaided, is a wretched one. The Dutch have -peculiar advantages for the northern fishery, as being within six or -eight days' sail of the grounds, as navigating with more economy than any -other nation in Europe, their seamen content with lower wages, and their -merchants with lower profit. Yet the memorial No. 13, from a committee of -the whale merchants to the States General of Holland, in the year 1775, -states that fourteen millions of guilders, equal to five million six -hundred thousand dollars, has been lost in that fishery in forty-seven -years, being about one hundred and twenty thousand dollars a year. The -States General, thereupon, gave a bounty of thirty guilders a man to -the fishermen. A person immediately acquainted with the British whale -fishery, and whose information merits confidence, has given assurance -that the ships employed in their northern fishery, in 1788, sunk £800 -each, on an average, more than the amount of the produce and bounties. -An English ship of three hundred tons and forty-two seamen, in this -fishery, generally brings home, after a four months' voyage, twenty-five -tons of oil, worth £437 10_s._ sterling; but the wages of the officers -and seamen will be £400; there remain but £37 10_s._, not worth taking -into account, towards the outfit and merchants' profit. These, then, -must be paid by the Government; and it is on this idea that the British -bounty is calculated. - -Our vessels for the northern fishery average sixty-four tons, and cost, -when built, fitted out, and victualled for the first voyage, about -three thousand dollars. They have taken, on an average, the three last -years, according to the statement No. 12, eighteen tons of oil, worth, -at our market, nine hundred dollars, which are to pay all expenses, and -subsist the fishermen and merchant. Our vessels for the southern fishery -average one hundred and forty tons, and cost, when built, fitted out, -and victualled, for their first voyage, about six thousand five hundred -dollars. They have taken on an average, the three last years, according -to the same statement, thirty-two tons of oil each, worth at our market -three thousand two hundred dollars, which are, in like manner, to pay -all expenses, and subsist the owners and navigators. These expenses -are great, as the voyages are generally of twelve months' duration. No -hope can arise of their condition being bettered by an augmentation of -the price of oil. This is kept down by the competition of the vegetable -oils, which answer the same purposes, not quite so well, but well enough -to become preferable, were the price to be raised, and so well, indeed, -as to be more generally used than the fish oils for lighting houses and -cities. - -The American whale fishery is principally followed by the inhabitants -of the island of Nantucket--a sand bar of about fifteen miles long, and -three broad, capable of maintaining, by its agriculture, about twenty -families; but it employed in these fisheries, before the war, between -five or six thousand men and boys; and, in the only harbor it possesses, -it had one hundred and forty vessels, one hundred and thirty-two of which -were of the larger kind, as being employed in the southern fishery. In -agriculture, then, they have no resource; and, if that of their fishery -cannot be pursued from their own habitations, it is natural they should -seek others from which it can be followed, and preferably those where -they will find a sameness of language, religion, laws, habits, and -kindred. A foreign emissary has lately been among them, for the purpose -of renewing the invitations to a change of situation. But, attached to -their native country, they prefer continuing in it, if their continuance -there can be made supportable. - -This brings us to the question, what relief does the condition of this -fishery require? - -1. A remission of duties on the articles used for their calling. - -2. A retaliating duty on foreign oils, coming to seek a competition with -them in or from our ports. - -3. Free markets abroad. - -1. The remission of duties will stand on nearly the same ground with -that to the cod fishermen. - -2. The only nation whose oil is brought hither for competition with our -own, makes ours pay a duty of about eighty-two dollars the ton, in their -ports. Theirs is brought here, too, to be reshipped fraudulently, under -our flag, into ports where it could not be received under theirs, and -ought not to be covered by ours, if we mean to preserve our own admission -into them. - -The 3d and principal object is to find markets for the vent of oil. - -Portugal, England, Holland, Sweden, Denmark, Prussia, Russia, the Hanse -towns, supply themselves and something more. Spain and Italy receive -supplies from England, and need the less, as their skies are clearer. -France is the only country which can take our surplus, and they take -principally of the common oil; as the habit is but commencing with -them of ascribing a just value to spermaceti whale. Some of this, -however, finds its vent there. There was, indeed, a particular interest -perpetually soliciting the exclusion of our oils from their markets. The -late government there saw well that what we should lose thereby would be -gained by others, not by themselves. And we are to hope that the present -government, as wise and friendly, will also view us, not as rivals, -but as co-operators against a common rival. Friendly arrangements with -them, and accommodation to mutual interest, rendered easier by friendly -dispositions existing on both sides, may long secure to us this important -resource for our seamen. Nor is it the interest of the fisherman alone, -which calls for the cultivation of friendly arrangements with that -nation; besides five-eights of our whale oil, and two-thirds of our salted -fish, they take from us one-fourth of our tobacco, three-fourths of our -live stock * * * * * a considerable and growing portion of our rice, -great supplies, occasionally, of other grain; in 1789, which, indeed, -was extraordinary, four millions of bushels of wheat, and upwards of -a million of bushels of rye and barley * * * * * and nearly the whole -carried in our own vessels. * * * * * They are a free market now, and -will, in time, be a valuable one for ships and ship timber, potash, and -peltry. - -England is the market for the greatest part of our spermaceti oil. They -impose on all our oils a duty of eighteen pounds five shillings sterling -the ton, which, as to the common kind, is a prohibition, as has been -before observed, and, as to the spermaceti, gives a preference of theirs -over ours to that amount, so as to leave, in the end, but a scanty benefit -to the fishermen; and, not long since, by a change of construction, -without any change of law, it was made to exclude our oils from their -ports, when carried in our vessels. On some change of circumstance, -it was construed back again to the reception of our oils, on paying -always, however, the same duty of eighteen pounds five shillings. This -serves to show that the tenure by which we hold the admission of this -commodity in their markets, is as precarious as it is hard. Nor can it -be announced that there is any disposition on their part to arrange this -or any other commercial matter, to mutual convenience. The _ex parte_ -regulations which they have begun for mounting their navigation on the -ruins of ours, can only be opposed by counter regulations on our part. -And the loss of seamen, the natural consequence of lost and obstructed -markets for our fish and oil, calls, in the first place, for serious and -timely attention. It will be too late when the seaman shall have changed -his vocation, or gone over to another interest. If we cannot recover and -secure for him these important branches of employment, it behooves us to -replace them by others equivalent. We have three nurseries for forming -seamen: - -1. Our coasting trade, already on a safe footing. - -2. Our fisheries, which, in spite of natural advantages, give just cause -of anxiety. - -3. Our carrying trade, our only resource of indemnification for what we -lose in the other. The produce of the United States, which is carried -to foreign markets, is extremely bulky. That part of it which is now -in the hands of foreigners, and which we may resume into our own, -without touching the rights of those nations who have met us in fair -arrangements by treaty, or the interests of those who, by their voluntary -regulations, have paid so just and liberal a respect to our interests, -as being measured back to them again, places both parties on as good -ground, perhaps, as treaties could place them--the proportion, I say, -of our carrying trade, which may be resumed without affecting either of -these descriptions of nations, will find constant employment for ten -thousand seamen, be worth two millions of dollars, annually, will go -on augmenting with the population of the United States, secure to us a -full indemnification for the seamen we lose, and be taken wholly from -those who force us to this act of self protection in navigation. - -Hence, too, would follow, that their Newfoundland ships, not receiving -provisions from us in their bottoms, nor permitted (by a law of their -own) to receive in ours, must draw their subsistence from Europe, which -would increase that part of their expenses in the proportion of four to -seven, and so far operate as a duty towards restoring the level between -them and us. The tables No. 2 and 12, will show the quantity of tonnage, -and, consequently, the mass of seamen whose interests are in distress; -and No. 17, the materials for indemnification. - -If regulations exactly the counterpart of those established against -us, would be ineffectual, from a difference of circumstances, other -regulations equivalent can give no reasonable ground of complaint to any -nation. Admitting their right of keeping their markets to themselves, -ours cannot be denied of keeping our carrying trade to ourselves. And -if there be anything unfriendly in this, it was in the first example. - -The loss of seamen, unnoticed, would be followed by other losses in a long -train. If we have no seamen, our ships will be useless, consequently our -ship timber, iron, and hemp; our ship building will be at an end, ship -carpenters go over to other nations, our young men have no call to the -sea, our produce, carried in foreign bottoms, be saddled with war-freight -and insurance in times of war; and the history of the last hundred years -shows, that the nation which is our carrier has three years of war for -every four years of peace. (No. 18.) We lose, during the same periods, -the carriage for belligerent powers, which the neutrality of our flag -would render an incalculable source of profit; we lose at this moment -the carriage of our own produce to the annual amount of two millions -of dollars, which, in the possible progress of the encroachment, may -extend to five or six millions, the worth of the whole, with an increase -in the proportion of the increase of our numbers. It is easier, as well -as better, to stop this train at its entrance, than when it shall have -ruined or banished whole classes of useful and industrious citizens. - -It will doubtless be thought expedient that the resumption suggested -should take effect so gradually, as not to endanger the loss of -produce for the want of transportation; but that, in order to create -transportation, the whole plan should be developed, and made known at -once, that the individuals who may be disposed to lay themselves out -for the carrying business, may make their calculations on a full view -of all circumstances. - -On the whole, the historical view we have taken of these fisheries, -proves they are so poor in themselves, as to come to nothing with distant -nations, who do not support them from their treasury. We have seen that -the advantages of our position place our fisheries on a ground somewhat -higher, such as to relieve our treasury from giving them support; but not -to permit it to draw support from them, nor to dispense the government -from the obligation of effectuating free markets for them; that, for -the great proportion of our salted fish, for our common oil, and a part -of our spermaceti oil, markets may perhaps be preserved, by friendly -arrangements towards those nations whose arrangements are friendly to -us, and the residue be compensated by giving to the seamen thrown out -of business the certainty of employment in another branch, of which we -have the sole disposal. - - -XXI.--_Opinion against the constitutionality of a National Bank._ - - February 15, 1791. - -The bill for establishing a National Bank undertakes among other things:-- - -1. To form the subscribers into a corporation. - -2. To enable them in their corporate capacities to receive grants of -land; and so far is against the laws of _Mortmain_.[26] - -3. To make alien subscribers capable of holding lands; and so far is -against the laws of _alienage_. - -4. To transmit these lands, on the death of a proprietor, to a certain -line of successors; and so far changes the course of _Descents_. - -5. To put the lands out of the reach of forfeiture or escheat; and so -far is against the laws of _Forfeiture and Escheat_. - -6. To transmit personal chattels to successors in a certain line; and -so far is against the laws of _Distribution_. - -7. To give them the sole and exclusive right of banking under the national -authority; and so far is against the laws of Monopoly. - -8. To communicate to them a power to make laws paramount to the laws of -the States; for so they must be construed, to protect the institution -from the control of the State legislatures; and so, probably, they will -be construed. - -I consider the foundation of the Constitution as laid on this ground: -That "all powers not delegated to the United States, by the Constitution, -nor prohibited by it to the States, are reserved to the States or to the -people." [XIIth amendment.] To take a single step beyond the boundaries -thus specially drawn around the powers of Congress, is to take possession -of a boundless field of power, no longer susceptible of any definition. - -The incorporation of a bank, and the powers assumed by this bill, -have not, in my opinion, been delegated to the United States, by the -Constitution. - -1. They are not among the powers specially enumerated: for these are: -1st. A power to lay taxes for the purpose of paying the debts of the -United States; but no debt is paid by this bill, nor any tax laid. Were -it a bill to raise money, its origination in the Senate would condemn -it by the Constitution. - -2d. "To borrow money." But this bill neither borrows money nor ensures -the borrowing it. The proprietors of the bank will be just as free as any -other money holders, to lend or not to lend their money to the public. -The operation proposed in the bill, first, to lend them two millions, -and then to borrow them back again, cannot change the nature of the -latter act, which will still be a payment, and not a loan, call it by -what name you please. - -3. To "regulate commerce with foreign nations, and among the States, -and with the Indian tribes." To erect a bank, and to regulate commerce, -are very different acts. He who erects a bank, creates a subject of -commerce in its bills; so does he who makes a bushel of wheat, or digs a -dollar out of the mines; yet neither of these persons regulates commerce -thereby. To make a thing which may be bought and sold, is not to prescribe -regulations for buying and selling. Besides, if this was an exercise -of the power of regulating commerce, it would be void, as extending as -much to the internal commerce of every State, as to its external. For -the power given to Congress by the Constitution does not extend to the -internal regulation of the commerce of a State, (that is to say of the -commerce between citizen and citizen,) which remain exclusively with -its own legislature; but to its external commerce only, that is to say, -its commerce with another State, or with foreign nations, or with the -Indian tribes. Accordingly the bill does not propose the measure as a -regulation of trade, but as "productive of considerable advantages to -trade." Still less are these powers covered by any other of the special -enumerations. - -II. Nor are they within either of the general phrases, which are the -two following:-- - -1. To lay taxes to provide for the general welfare of the United States, -that is to say, "to lay taxes for _the purpose_ of providing for the -general welfare." For the laying of taxes is the _power_, and the general -welfare the _purpose_ for which the power is to be exercised. They are -not to lay taxes _ad libitum for any purpose they please_; but only -to _pay the debts or provide for the welfare of the Union_. In like -manner, they are not _to do anything they please_ to provide for the -general welfare, but only to _lay taxes_ for that purpose. To consider -the latter phrase, not as describing the purpose of the first, but as -giving a distinct and independent power to do any act they please, which -might be for the good of the Union, would render all the preceding and -subsequent enumerations of power completely useless. - -It would reduce the whole instrument to a single phrase, that of -instituting a Congress with power to do whatever would be for the good -of the United States; and, as they would be the sole judges of the good -or evil, it would be also a power to do whatever evil they please. - -It is an established rule of construction where a phrase will bear either -of two meanings, to give it that which will allow some meaning to the -other parts of the instrument, and not that which would render all the -others useless. Certainly no such universal power was meant to be given -them. It was intended to lace them up straitly within the enumerated -powers, and those without which, as means, these powers could not be -carried into effect. It is known that the very power now proposed _as -a means_ was rejected as _an end_ by the Convention which formed the -Constitution. A proposition was made to them to authorize Congress to -open canals, and an amendatory one to empower them to incorporate. But -the whole was rejected, and one of the reasons for rejection urged in -debate was, that then they would have a power to erect a bank, which -would render the great cities, where there were prejudices and jealousies -on the subject, adverse to the reception of the Constitution. - -2. The second general phrase is, "to make all laws _necessary_ and -proper for carrying into execution the enumerated powers." But they can -all be carried into execution without a bank. A bank therefore is not -_necessary_, and consequently not authorized by this phrase. - -It has been urged that a bank will give great facility or convenience -in the collection of taxes. Suppose this were true: yet the Constitution -allows only the means which are "_necessary_," not those which are merely -"convenient" for effecting the enumerated powers. If such a latitude of -construction be allowed to this phrase as to give any non-enumerated -power, it will go to every one, for there is not one which ingenuity -may not torture into a _convenience_ in some instance _or other_, to -_some one_ of so long a list of enumerated powers. It would swallow up -all the delegated powers, and reduce the whole to one power, as before -observed. Therefore it was that the Constitution restrained them to -the _necessary_ means, that is to say, to those means without which the -grant of power would be nugatory. - -But let us examine this convenience and see what it is. The report on -this subject, page 3, states the only _general_ convenience to be, the -preventing the transportation and re-transportation of money between the -States and the treasury, (for I pass over the increase of circulating -medium, ascribed to it as a want, and which, according to my ideas of -paper money, is clearly a demerit.) Every State will have to pay a sum -of tax money into the treasury; and the treasury will have to pay, in -every State, a part of the interest on the public debt, and salaries -to the officers of government resident in that State. In most of the -States there will still be a surplus of tax money to come up to the -seat of government for the officers residing there. The payments of -interest and salary in each State may be made by treasury orders on the -State collector. This will take up the great export of the money he has -collected in his State, and consequently prevent the great mass of it -from being drawn out of the State. If there be a balance of commerce -in favor of that State against the one in which the government resides, -the surplus of taxes will be remitted by the bills of exchange drawn for -that commercial balance. And so it must be if there was a bank. But if -there be no balance of commerce, either direct or circuitous, all the -banks in the world could not bring up the surplus of taxes, but in the -form of money. Treasury orders then, and bills of exchange may prevent -the displacement of the main mass of the money collected, without the -aid of any bank; and where these fail, it cannot be prevented even with -that aid. - -Perhaps, indeed, bank bills may be a more _convenient_ vehicle than -treasury orders. But a little _difference_ in the degree of _convenience_, -cannot constitute the necessity which the constitution makes the ground -for assuming any non-enumerated power. - -Besides; the existing banks will, without a doubt, enter into arrangements -for lending their agency, and the more favorable, as there will be a -competition among them for it; whereas the bill delivers us up bound -to the national bank, who are free to refuse all arrangement, but on -their own terms, and the public not free, on such refusal, to employ any -other bank. That of Philadelphia, I believe, now does this business, by -their post-notes, which, by an arrangement with the treasury, are paid -by any State collector to whom they are presented. This expedient alone -suffices to prevent the existence of that _necessity_ which may justify -the assumption of a non-enumerated power as a means for carrying into -effect an enumerated one. The thing may be done, and has been done, and -well done, without this assumption; therefore, it does not stand on that -degree of _necessity_ which can honestly justify it. - -It may be said that a bank whose bills would have a currency all over the -States, would be more convenient than one whose currency is limited to -a single State. So it would be still more convenient that there should -be a bank, whose bills should have a currency all over the world. But -it does not follow from this superior conveniency, that there exists -anywhere a power to establish such a bank; or that the world may not go -on very well without it. - -Can it be thought that the Constitution intended that for a shade or two -of _convenience_, more or less, Congress should be authorized to break -down the most ancient and fundamental laws of the several States; such -as those against Mortmain, the laws of Alienage, the rules of descent, -the acts of distribution, the laws of escheat and forfeiture, the laws -of monopoly? Nothing but a necessity invincible by any other means, can -justify such a prostitution of laws, which constitute the pillars of our -whole system of jurisprudence. Will Congress be too straight-laced to -carry the constitution into honest effect, unless they may pass over the -foundation-laws of the State government for the slightest convenience -of theirs? - -The negative of the President is the shield provided by the constitution -to protect against the invasions of the legislature: 1. The right of the -Executive. 2. Of the Judiciary. 3. Of the States and State legislatures. -The present is the case of a right remaining exclusively with the States, -and consequently one of those intended by the Constitution to be placed -under its protection. - -It must be added, however, that unless the President's mind on a view of -everything which is urged for and against this bill, is tolerably clear -that it is unauthorised by the Constitution; if the pro and the con -hang so even as to balance his judgment, a just respect for the wisdom -of the legislature would naturally decide the balance in favor of their -opinion. It is chiefly for cases where they are clearly misled by error, -ambition, or interest, that the Constitution has placed a check in the -negative of the President. - -FOOTNOTE: - - [26] Though the Constitution controls the laws of Mortmain - so far as to permit Congress itself to hold land for - certain purposes, yet not so far as to permit them to - communicate a similar right to other corporate bodies. - - -XXII.--_Opinion relative to locating the Ten Mile Square for the Federal -Government, and building the Federal city._ - - March 11, 1791. - -Objects which may merit the attention of the President, at Georgetown. - -The commissioners to be called into action. - -Deeds of cession to be taken from the land-holders. - -Site of the capitol and President's house to be determined on. - -Proclamation completing the location of the territory, and fixing the -site of the capitol. - -Town to be laid off. Squares of reserve are to be decided on for the -capitol, President's house, offices of government, townhouse, prison, -market, and public walks. - -Other squares for present sale designated. - -Terms of sale to be settled. As there is not as yet a town legislature, -and things may be done before there is one to prevent them, which yet it -would be desirable to prevent, it would seem justifiable and expedient -that the President should form a capitulary of such regulations as he may -think necessary to be observed, until there shall be a town legislature -to undertake this office; such capitulary to be indented, signed, sealed, -and recorded, according to the laws of conveyance in Maryland. And to -be referred to in every deed for conveyance of the lots to purchasers, -so as to make a part thereof. The same thing might be effected, by -inserting special covenants for every regulation in every deed; but the -former method is the shortest. I cannot help again suggesting here one -regulation formerly suggested, to wit: To provide for the extinguishment -of fires, and the openness and convenience of the town, by prohibiting -houses of excessive height. And making it unlawful to build on any one's -purchase any house with more than two floors between the common level -of the earth and the eaves, nor with any other floor in the roof than -one at the eaves. To consider in what way the contracts for the public -buildings shall be made, and whether as many bricks should not be made -this summer as may employ brick-layers in the beginning of the season -of 1792, till more can be made in that season. - -With respect to the amendment of the location so as to include -Bladensburgh. I am of opinion it may be done with the consent of the -legislature of Maryland, and that that consent may be so far counted -on, as to render it expedient to declare the location at once. - - [Illustration] - -The location A B C D A having been once made, I consider as obligatory -and unalterable, but by consent of parties, except so far as was -necessary to render it practicable by a correction of the beginning. -That correction might be lawfully made either by stopping at the river, -or at the spring of Hunting creek, or by lengthening the course from the -court-house so that the second course should strike the mouth of Hunting -creek. I am of opinion, therefore, that the beginning at the mouth of -Hunting creek, is legally justifiable. But I would advise the location -E F G H E to be hazarded so as to include Bladensburgh, because it is -a better location, and I think will certainly be confirmed by Maryland. -That State will necessarily have to pass another act confirming whatever -location shall be made, because her former act authorized the delegates -_then_ in office, to convey the lands. But as they were not located, no -conveyance has been made, and those persons are now out of office, and -dispersed. Suppose the non-concurrence of Maryland should defeat the -location E F G H E, it can only be done on this principle, that the first -location A B C D A was valid, and unalterable, but by mutual consent. -Then their non-concurrence will re-establish the first location A B C D -A, and the second location will be good for the part E I D K E without -their concurrence, and this will place us where we should be were we -now to complete the location E B C K E. Consequently, the experiment of -an amendment proposed can lose nothing, and may gain, and probably will -gain, the better location. - -When I say it can lose nothing, I count as nothing, the triangle A I E, -which would be in neither of the locations. Perhaps this might be taken -in afterwards, either with or without the consent of Virginia. - - -XXIII.--_Report on the policy of securing particular marks to -Manufacturers, by law._ - - December 9, 1791. - -The Secretary of State, to whom was referred by the House of -Representatives the petition of Samuel Breck and others, proprietors of a -sail-cloth manufactory in Boston, praying that they may have the exclusive -privilege of using particular marks for designating the sail-cloth of -their manufactory, has had the same under consideration, and thereupon - -Reports, That it would, in his opinion, contribute to fidelity in the -execution of manufacturers, to secure to every manufactory an exclusive -right to some mark on its wares, proper to itself. - -That this should be done by general laws, extending equal right to every -case to which the authority of the Legislature should be competent. - -That these cases are of divided jurisdiction: Manufactures made and -consumed within a State being subject to State legislation, while those -which are exported to foreign nations, or to another State, or into -the Indian Territory, are alone within the legislation of the General -Government. - -That it will, therefore, be reasonable for the General Government to -provide in this behalf by law for those cases of manufacture generally, -and those only which relate to commerce with foreign nations, and among -the several States, and with the Indian Tribes. - -And that this may be done by permitting the owner of every manufactory, to -enter in the records of the court of the district wherein his manufactory -is, the name with which he chooses to mark or designate his wares, and -rendering it penal in others to put the same mark to any other wares. - - -XXIV.--_Opinion relative to the demolition of Mr. Carroll's house by -Major L'Enfant, in laying out the Federal City._ - - December 11, 1791. - -Observations on Major L'Enfant's letter of December 7th, 1791, to the -President, justifying his demolition of the house of Mr. Carroll, of -Duddington. - -He says that "Mr. Carroll erected his house partly on a main street, -and altogether on ground to which the public had a more immediate title -than himself could claim." When blaming Mr. Carroll, then, he considers -this as a street; but when justifying himself, he considers it not yet -as a street, for to account for his not having pointed out to Carroll -a situation where he might build, he says, "The President had not yet -sanctioned the plan for the distribution of the city, nor determined -if he would approve the situation of the several areas proposed to him -in that plan for public use, and that I would have been highly to be -blamed to have anticipated his opinion thereon." This latter exculpation -is solid; the first is without foundation. The plan of the city has not -yet been definitely determined by the President. Sale to individuals, or -partition decide the plan as far as these sales or partitions go. A deed -with the whole plan annexed, executed by the President, and recorded, will -ultimately fix it. But till a sale, or partition, or deed, it is open -to alteration. Consequently, there is as yet no such thing as a street, -except adjacent to the lots actually sold or divided; the erection of -a house in any part of the ground cannot as yet be a nuisance in law. -Mr. Carroll is tenant in common of the soil with the public, and the -erection of a house by a tenant in common on the common property, is no -nuisance. Mr. Carroll has acted imprudently, intemperately, foolishly; -but he has not acted illegally. There must be an establishment of the -streets, before his house can become a nuisance in the eye of the law. -Therefore, till that establishment, neither Major L'Enfant, nor the -commissioners, would have had a right to demolish his house, without -his consent. - -The Major says he had as much right to pull down a house, as to cut down -a tree. - -This is true, if he has received no authority to do either, but still -there will be this difference: To cut down a tree or to demolish a house -in the soil of another, is a trespass; but the cutting a tree, in this -country, is so slight a trespass, that a man would be thought litigious -who should prosecute it; if he prosecuted civilly, a jury would give -small damages; if criminally, the judge would not inflict imprisonment, -nor impose but a small fine. But the demolition of a house is so gross -a trespass, that any man would prosecute it; if civilly, a jury would -give great damages; if criminally, the judge would punish heavily by -fine and imprisonment. In the present case, if Carroll was to bring a -civil action, the jury would probably punish his folly by small damages; -but if he were to prosecute criminally, the judge would as probably -vindicate the insult on the laws, and the breach of the peace, by heavy -fines and imprisonment. So that if Major L'Enfant is right in saying he -had as much authority to pull down a house as to cut down a tree, still -he would feel a difference in the punishment of the law. - -But is he right in saying he had as much authority to pull down a house -as to cut down a tree? I do not know what have been the authorities -given him expressly or by _implication_, but I can very readily conceive -that the authorities which he has received, whether from the President -or from the commissioners, whether verbal or written, may have gone to -the demolition of trees, and not houses. I am sure he has received no -authority, either from the President or commissioners, either expressly -or by implication, to pull down houses. An order to him to mark on the -ground the lines of the streets and lots, might imply an order to remove -trees or _small_ obstructions, _where they insuperably prevented his -operations_; but a person must know little of geometry who could not, -in an open field, designate streets and lots, even where a line passed -through a house, without pulling the house down. - -In truth, the blame on Major L'Enfant, is for having pulled down the -house, of his own authority, and when he had reason to believe he was -in opposition, to the sentiments of the President; and his fault is -aggravated by its having been done to gratify private resentment against -Mr. Carroll, and most probably not because it was necessary; and the -style in which he writes the justification of his act, shows that a -continuation of the same resentment renders him still unable to acquiesce -under the authority from which he has been reproved. - -He desires a line of demarcation between his office, and that of the -commissioners. - -What should be this line? and who is to draw it? If we consider the -matter under the _act of Congress_ only, the President has authority -only to name the commissioners, and to approve or disapprove certain -proceedings of theirs. They have the whole executive power, and stand -between the President and the subordinate agents. In this view, they may -employ or dismiss, order and countermand, take on themselves such parts -of the execution as they please, and assign other parts to subordinate -agents. Consequently, under the _act of Congress_, their will is the -line of demarcation between subordinate agents, while no such line -can exist between themselves and their agents. Under the deed from the -proprietors to the President, his powers are much more ample. I do not -accurately recollect the tenor of the deed; but I am pretty sure it was -such as to put much more ample power into the hands of the President, -and to commit to him the whole execution of whatever is to be done under -the deed; and this goes particularly to the laying out the town: so -that as to this, the President is certainly authorized to draw the line -of demarcation between L'Enfant and the commissioners. But I believe -there is no necessity for it, as far as I have been able to judge, from -conversations and consultations with the commissioners. I think they -are disposed to follow implicitly the will of the President, whenever -they can find it out; but L'Enfant's letters do not breathe the same -moderation or acquiescence; and I think it would be much safer to say -to him, "the orders of the commissioners are your line of demarcation," -than by attempting to define his powers, to give him a line where he -may meet with the commissioners foot to foot, and chicane and raise -opposition to their orders whenever he thinks they pass his line. I -confess, that on a view of L'Enfant's proceedings and letters latterly, -I am thoroughly persuaded that, to render him useful, his temper must -be subdued; and that the only means of preventing his giving constant -trouble to the President, is to submit him to the unlimited control of -the commissioners; we know the discretion and forbearance with which -they will exercise it. - - -XXV.--_Opinion relative to certain lands on Lake Erie, sold by the United -States to Pennsylvania._ - - December 19, 1791. - -The Secretary of State, to whom was referred, by the President of the -United States, a letter from the Governor of Pennsylvania, with the -documents therein mentioned, on the subject of certain lands on Lake -Erie, having had the same under consideration, thereupon Reports:-- - -That Congress, by their resolution of June 6th, 1788, directed the -Geographer General of the United States to ascertain the quantity of -land belonging to the United States between Pennsylvania and Lake Erie, -and authorized a sale thereof. - -That a sale was accordingly made to the commonwealth of Pennsylvania. - -That Congress, by their resolution of September 4th, 1788, relinquished to -the said commonwealth all their right to the government and jurisdiction -of the said tract of land; but the right of soil was not transferred by -the resolution. - -That a survey of the said tract has been since made, and the amount of -the purchase money been settled between the comptrollers of the United -States and of the said commonwealth, and that the Governor of Pennsylvania -declares in the said letter, to the President of the United States, that -he is ready to close the transaction on behalf of the said commonwealth. -That there is no person at present authorized, by law, to convey to the -said commonwealth the right of soil, in the said tract of land. - -And the Secretary of State is therefore of opinion that the said letter -and documents should be laid before the legislature of the United States -to make such provision by law for conveying the said right of soil, as -they in their wisdom shall think fit. - - -XXVI.--_Report relative to negotiations with Spain to secure the free -navigation of the Mississippi, and a port on the same._ - - December 22, 1791. - -The Secretary of State reports to the President of the United States, -that one of the commissioners of Spain, in the name of both, has lately -communicated to him verbally, by order of his court, that his Catholic -Majesty, apprized of our solicitude to have some arrangement made -respecting our free navigation of the river Mississippi, and the use of -a port thereon, is ready to enter into treaty thereon at Madrid. - -The Secretary of State is of opinion that this overture should be attended -to without delay, and that the proposal of treating at Madrid, though not -what might have been desired, should yet be accepted, and a commission -plenipotentiary made out for the purpose. - -That Mr. Carmichael, the present chargé de affaires of the United States -at Madrid, from the local acquaintance which he must have acquired with -persons and circumstances, would be an useful and proper member of the -commission; but that it would be useful also to join with him some person -more particularly acquainted with the circumstances of the navigation -to be treated of. - -That the fund appropriated by the act providing the means of intercourse -between the United States and foreign nations, will insufficiently furnish -the ordinary and regular demands on it, and is consequently inadequate -to the mission of an additional commissioner express from hence. - -That, therefore, it will be advisable, on this account, as well as for -the sake of despatch, to constitute some one of the ministers of the -United States in Europe, jointly with Mr. Carmichael, commissioners -plenipotentiary for the special purpose of negotiating and concluding, -with any person or persons duly authorized by his Catholic Majesty, a -convention or treaty for the free navigation of the river Mississippi by -the citizens of the United States, under such accommodations with respect -to a port, and other circumstances, as may render the said navigation -practicable, useful, and free from dispute; saving to the President and -Senate their respective rights as to their ratification of the same; and -that the said negotiation be at Madrid, or such other place in Spain, -as shall be desired by his Catholic Majesty. - - - March 18, 1792. - -The appointment of Mr. Carmichael and Mr. Short, as commissioners to -negotiate, with the court of Spain, a treaty or convention relative to -the navigation of the Mississippi, and which perhaps may be extended to -other interests, rendering it necessary that the subjects to be treated -of should be developed, and the conditions of arrangement explained: - -The Secretary of State reports to the President of the United States -the following observations on the subjects of negotiation between the -United States of America and the court of Spain, to be communicated by -way of instruction to the commissioners of the United States, appointed -as before mentioned, to manage that negotiation. - -These subjects are, - -I. Boundary. - -II. The navigation of the Mississippi. - -III. Commerce. - -I. As to boundary, that between Georgia and Florida is the only one which -will need any explanation. Spain sets up a claim to possessions within -the State of Georgia, founded on her having rescued them by force from -the British during the late war. The following view of the subject seems -to admit no reply: - -The several States now comprising the United States of America, were, from -their first establishment, separate and distinct societies, dependent on -no other society of men whatever. They continued at the head of their -respective governments the executive magistrate who presided over the -one they had left, and thereby secured, in effect, a constant amity with -the nation. In this stage of their government their several boundaries -were fixed; and particularly the southern boundary of Georgia, the only -one now in question, was established at the 31st degree of latitude -from the Apalachicola westwardly; and the western boundary, originally -the Pacific ocean, was, by the treaty of Paris, reduced to the middle -of the Mississippi. The part which our chief magistrate took in a war, -waged against us by the nation among whom he resided, obliged us to -discontinue him, and to name one within every State. In the course of -this war we were joined by France as an ally, and by Spain and Holland -as associates; having a common enemy, each sought that common enemy -wherever they could find him. France, on our invitation, landed a large -army within our territories, continued it with us two years, and aided -us in recovering sundry places from the possession of the enemy. But she -did not pretend to keep possession of the places rescued. Spain entered -into the remote western part of our territory, dislodged the common -enemy from several of the posts they held therein, to the annoyance -of Spain; and perhaps thought it necessary to remain in some of them, -as the only means of preventing their return. We, in like manner, -dislodged them from several posts in the same western territory, to wit: -Vincennes, Cahokia, Kaskaskia, &c., rescued the inhabitants, and retained -constantly afterwards both them and the territory under our possession -and government. At the conclusion of the war, Great Britain, on the -30th of November, 1782, by treaty acknowledged our independence, and -our boundary, to wit: the Mississippi to the west, and the completion of -the 31st degree, &c. to the south. In her treaty with Spain, concluded -seven weeks afterwards, to wit, January 20th, 1783, she ceded to her -the two Floridas, which had been defined in the proclamation of 1763, -and Minorca; and by the eighth article of the treaty, Spain agreed -to restore, _without compensation_, all the territories conquered by -her, and not included in the treaty, either under the head of cessions -or restitutions, that is to say, all except Minorca and the Floridas. -According to this stipulation, Spain was expressly bound to have delivered -up the possessions she had taken within the limits of Georgia, to Great -Britain, if they were conquests on Great Britain, who was to deliver -them over to the United States; or rather, she should have delivered -them to the United States themselves, as standing _quoad hoc_ in the -place of Great Britain. And she was bound by natural rights to deliver -them to the same United States on a much stronger ground, as the real -and only proprietors of those places which she had taken possession -of in a moment of danger, without having had any cause of war with the -United States, to whom they belonged, and without having declared any; -but, on the contrary, conducting herself in other respects as a friend -and associate. _Vattel_, 1. 3, 122. - -It is an established principle, that conquest gives only an inchoate -treaty of peace, which does not become perfect till confirmed by the -treaty of peace, and by a renunciation or abandonment by the former -proprietor. Had Great Britain been that former proprietor, she was so far -from confirming to Spain the right to the territory of Georgia, invaded -by Spain, that she expressly relinquished to the United States any right -that might remain in her; and afterwards completed that relinquishment, -by procuring and consolidating with it the agreement of Spain herself to -restore such territory without compensation. It is still more palpable, -that a war existing between two nations, as Spain and Great Britain, -could give to neither the right to seize and appropriate the territory -of a third, which is even neutral, much less which is an associate in -the war, as the United States were with Spain. See, on this subject, -_Grotius_, 1. 3, c. 6, § 26. _Puffendorf_, 1. 8, c. 17, § 23. _Vattel_, -1. 3, § 197, 198. - -On the conclusion of the general peace, the United States lost no time -in requiring from Spain an evacuation of their territory This has been -hitherto delayed by means which we need not explain to that court, but -which have been equally contrary to our right and to our consent. - -Should Spain pretend, as has been intimated, that there was a secret -article of treaty between the United States and Great Britain, agreeing, -if at the close of the war the latter should retain the Floridas, that -then the southern boundary of Georgia should be the completion of the -32d degree of latitude, the commissioners may safely deny all knowledge -of the fact, and refuse conference on any such postulatum. Or, should -they find it necessary to enter into any argument on the subject, they -will of course do it hypothetically; and in that way may justly say, on -the part of the United States; suppose that the United States, exhausted -by a bloody and expensive war with Great Britain, might have been -willing to have purchased peace by relinquishing, under a particular -contingency, a small part of their territory, it does not follow that -the same United States, recruited and better organized, must relinquish -the same territory to Spain without striking a blow. The United States, -too, have irrevocably put it out of their power to do it, by a new -constitution, which guarantees every State against the invasion of its -territory. A disastrous war, indeed, might, by necessity, supersede this -stipulation, (as necessity is above all law,) and oblige them to abandon -a part of a State; but nothing short of this can justify or obtain such -an abandonment. - -The southern limits of Georgia depend chiefly on, - -1. The charter of Carolina to the lords proprietors, in 1663, extending -southwardly to the river Matheo, now called St. John, supposed in the -charter to be in latitude 31, and so west in a direct line as far as -the South Sea. See the charter in 4th[27] Memoires de l'Amerique, 554. - -2. On the proclamation of the British King, in 1763, establishing the -boundary between Georgia and the two Floridas to begin on the Mississippi, -in thirty-one degrees of latitude north of the equator, and running -eastwardly to the Appalachicola; thence, along the said river to the -mouth of the Flint; thence, in a direct line, to the source of St. Mary's -river, and down the same to the ocean. This proclamation will be found -in Postlethwayte voce "British America." - -3. On the treaties between the United States and Great Britain, of -November 30, 1782, and September 3, 1783, repeating and confirming these -ancient boundaries,-- - -There was an intermediate transaction, to wit: a convention concluded at -the Pardo, in 1739, whereby it was agreed that Ministers Plenipotentiary -should be immediately appointed by Spain and Great Britain for settling -the limits of Florida and Carolina. The convention is to be found in the -collections of treaties. But the proceedings of the Plenipotentiaries -are unknown here. _Qu._ If it was on that occasion that the southern -boundary of Carolina was transferred from the latitude of Matheo or St. -John's river further north to the St. Mary's? Or was it the proclamation -of 1763, which first removed this boundary? [If the commissioners can -procure in Spain a copy of whatever was agreed on in consequence of the -convention of the Pardo, it is a desirable State paper here.] - -To this demonstration of our rights may be added the explicit declaration -of the court of Spain, that she would accede to them. This took place -in conversations and correspondence thereon between Mr. Jay, Minister -Plenipotentiary for the United States at the court at Madrid, the Marquis -de La Fayette, and the Count de Florida Blanca. Monsieur de La Fayette, -in his letter of February 19, 1783, to the Count de Florida Blanca, -states the result of their conversations on limits in these words: -"With respect to limits, his Catholic Majesty has adopted those that -are determined by the preliminaries of the 30th of November, between the -United States and the court of London." The Count de Florida Blanca, in -his answer of February 22d, to M. de La Fayette, says, "although it is his -Majesty's intention to abide for the present by the limits established -by the treaty of the 30th of November, 1782, between the English and -the Americans, the King intends to inform himself particularly whether -it can be in any ways inconvenient or prejudicial to settle that affair -amicably with the United States;" and M. de La Fayette, in his letter of -the same day to Mr. Jay, wherein he had inserted the preceding, says, -"on receiving the answer of the Count de Florida Blanca, (to wit: his -answer, before mentioned, to M. de La Fayette,) I desired an explanation -respecting the addition that relates to the limits. I was answered, that -it was a fixed principle to abide by the limits established by the treaty -between the English and the Americans; that his remark related only to -mere unimportant details, which he wished to receive from the Spanish -commandants, which would be amicably regulated, and _would by no means -oppose the general principle_. I asked him, before the Ambassador of -France, [M. de Montmorin,] whether he would give me his word of honor -for it; he assured me he would, and that I might engage it to the United -States." See the report sent herewith. - -II.--The navigation of the Mississippi. - -Our right to navigate that river, from its source to where our southern -boundary strikes it, is not questioned. It is from that point downwards, -only, that the exclusive navigation is claimed by Spain; that is to -say, where she holds the country on both sides, to wit: Louisiana on -the west, and Florida on the east. - -Our right to participate in the navigation of that part of the river, -also, is to be considered, under - -1. The Treaty of Paris of 1763, - -2. The Revolution Treaty of 1782-3. - -3. The law of nature and nations. - -1. The war of 1755-1763, was carried on jointly by Great Britain and -the thirteen colonies, now the United States of America, against France -and Spain. At the peace which was negotiated by our common magistrate, a -right was secured to the subjects of Great Britain (the common designation -of all those under his government) to navigate the Mississippi in its -whole breadth and length, from its source to the sea, and expressly -that part which is between the island of New Orleans and the right bank -of the river, as well as the passage both in and out of its mouth; -and that the vessels should not be stopped, visited, or subjected to -the payment of any duty whatsoever. These are the words of the treaty, -article VII. Florida was at the same time ceded by Spain, and its extent -westwardly was fixed to the lakes Pontchartrain and Maurepas, and the -river Mississippi; and Spain received soon after from France a cession -of the island of New Orleans, and all the country she held westward of -the Mississippi, subject of course to our right of navigating between -that country and the island previously granted to us by France. This -right was not parcelled out to us in severalty, that is to say, to each -the exclusive navigation of so much of the river as was adjacent to our -several shores--in which way it would have been useless to all--but it -was placed on that footing on which alone it could be worth anything, -to wit: as a right to all to navigate the whole length of the river in -common. The import of the terms and the reason of the thing prove it -was a right of common in the whole, and not a several right to each of a -particular part. To which may be added the evidence of the stipulation -itself, that we should navigate between New Orleans and the western -bank, which, being adjacent to none of our States, could be held by us -only as a right of common. Such was the nature of our right to navigate -the Mississippi, as far as established by the treaty of Paris. - -2. In the course of the Revolutionary war, in which the thirteen colonies, -Spain, and France, were opposed to Great Britain, Spain took possession -of several posts held by the British in Florida. It is unnecessary to -inquire whether the possession of half a dozen posts scattered through -a country of seven or eight hundred miles extent, could be considered -as the possession and conquest of that country. If it was, it gave -still but an inchoate right, as was before explained, which could not -be perfected but by the relinquishment of the former possession at the -close of the war; but certainly it could not be considered as a conquest -_of the river_, even against Great Britain, since the possession of -the shores, to wit, of the island of New Orleans on the one side, and -Louisiana on the other, having undergone no change, the right in the water -would remain the same, if considered only in its relation to them; and -if considered as a distinct right, independent of the shores, then no -naval victories obtained by Spain over Great Britain, in the course of -the war, gave her the color of conquest over any water which the British -fleet could enter. Still less can she be considered as having conquered -the river, as against the United States, with whom she was not at war. -We had a common right of navigation in the part of the river between -Florida, the island of New Orleans, and the western bank, and nothing -which passed between Spain and Great Britain, either during the war, or -at its conclusion, could lessen that right. Accordingly, at the treaty -of November, 1782, Great Britain confirmed the rights of the United -States to the navigation of the river, from its source to its mouth, -and in January, 1783, completed the right of Spain to the territory of -Florida, by an absolute relinquishment of all her rights in it. This -relinquishment could not include the navigation held by the United States -in their own right, because this right existed in themselves only, and -was not in Great Britain. If it added anything to the rights of Spain -respecting the river between the eastern and western banks, it could only -be that portion of right which Great Britain had retained to herself in -the treaty with the United States, held seven weeks before, to wit, a -right of using it in common with the United States. - -So that as by the treaty of 1763, the United States had obtained a common -right of navigating the whole river from its source to its mouth, so -by the treaty of 1782, that common right was confirmed to them by the -only power who could pretend claims against them, founded on the state -of war; nor has that common right been transferred to Spain by either -conquest or cession. - -But our right is built on ground still broader and more unquestionable, -to wit: - -3. On the law of nature and nations. - -If we appeal to this, as we feel it written on the heart of man, what -sentiment is written in deeper characters than that the ocean is free -to all men, and their rivers to all their inhabitants? Is there a man, -savage or civilized, unbiased by habit, who does not feel and attest -this truth? Accordingly, in all tracts of country united under the same -political society, we find this natural right universally acknowledged and -protected by laying the navigable rivers open to all their inhabitants. -When their rivers enter the limits of another society, if the right of -the upper inhabitants to descend the stream is in any case obstructed, -it is an act of force by a stronger society against a weaker, condemned -by the judgment of mankind. The late case of Antwerp and the Scheldt -was a striking proof a general union of sentiment on this point; as it -is believed that Amsterdam had scarcely an advocate out of Holland, and -even there its pretensions were advocated on the ground of treaties, -and not of natural right. (The commissioners would do well to examine -thoroughly what was written on this occasion.) The commissioners will -be able perhaps to find, either in the practice or the pretensions of -Spain, as to the Dauro, Tagus, and Guadiana, some acknowledgments of -this principle on the part of that nation. This sentiment of right in -favor of the upper inhabitants must become stronger in the proportion -which their extent of country bears to the lower. The United States -hold 600,000 square miles of habitable territory on the Mississippi and -its branches, and this river and its branches afford many thousands of -miles of navigable waters penetrating this territory in all its parts. -The inhabitable grounds of Spain below our boundary and bordering on -the river, which alone can pretend any fear of being incommoded by our -use of the river, are not the thousandth part of that extent. This vast -portion of the territory of the United States has no other outlet for -its productions, and these productions are of the bulkiest kind. And in -truth, their passage down the river may not only be innocent, as to the -Spanish subjects on the river, but cannot fail to enrich them far beyond -their present condition. The real interests then of all the inhabitants, -upper and lower, concur in fact with their rights. - -If we appeal to the law of nature and nations, as expressed by writers -on the subject, it is agreed by them, that, were the river, where it -passes between Florida and Louisiana, the exclusive right of Spain, still -an innocent passage along it is a natural right in those inhabiting its -borders above. It would indeed be what those writers call an imperfect -right, because the modification of its exercise depends in a considerable -degree on the conveniency of the nation through which they are to pass. -But it is still a right as real as any other right, however well-defined; -and were it to be refused, or to be so shackled by regulations, not -necessary for the peace or safety of its inhabitants, as to render its -use impracticable to us, it would then be an injury, of which we should -bee entitled to demand redress. The right of the upper inhabitants to -use this navigation is the counterpart to that of those possessing the -shore below, and founded in the same natural relations with the soil -and water. And the line at which their rights meet is to be advanced -or withdrawn, so as to equalize the inconveniences resulting to each -party from the exercise of the right by the other. This estimate is to -be fairly made with a mutual disposition to make equal sacrifices, and -the numbers on each side are to have their due weight in the estimate. -Spain holds so very small a tract of habitable land on either side below -our boundary, that it may in fact be considered as a strait of the sea; -for though it is eighty leagues from our boundary to the mouth of the -river, yet it is only here and there in spots and slips that the land -rises above the level of the water in times of inundation. There are, -then, and ever must be, so few inhabitants on her part of the river, -that the freest use of its navigation may be admitted to us without -their annoyance. For authorities on this subject, see Grot. 1. 2. c. 2 -§ 11, 12, 13, c. 3. § 7, 8, 12. Puffendorf, 1. 3. c. 3. § 3, 4, 5, 6. -Wolff's Inst. § 310, 311, 312. Vattel, 1. 1. § 292. 1. 2. § 123 to 139. - - [Illustration] - -It is essential to the interests of both parties that the navigation -of the river be free to both, on the footing on which it was defined by -the treaty of Paris, viz.: through its whole breadth. The channel of the -Mississippi is remarkably winding, crossing and recrossing perpetually -from one side to the other of the general bed of the river. Within the -elbows thus made by the channel, there is generally an eddy setting -upwards, and it is by taking advantage of these eddies, and constantly -crossing from one to another of them, that boats are enabled to ascend -the river. Without this right the whole river would be impracticable -both to the Americans and Spaniards. - -It is a principle that the right to a thing gives a right to the means, -without which it could not be used, that is to say, that the means follow -their end. Thus, a right to navigate a river, draws to it a right to -moor vessels to its shores, to land on them in cases of distress, or -for other necessary purposes, &c. This principle is founded in natural -reason, is evidenced by the common sense of mankind, and declared by -the writers before quoted. See Grot. 1. 2. c. 2. § 15. Puffend. 1. 3. -c. 3. § 8. Vattel, 1. 2. § 129. - -The Roman law, which, like other municipal laws, placed the navigation -of their rivers on the footing of nature, as to their own citizens, -by declaring them public,[28] (flumina publica sunt, hoc est populi -Romani, Inst. 2. t. 1. § 2,) declared also that the right to the use -of the shores was incident to that of the water. Ibid, § 1, 3, 4, 5. -The laws of every country probably do the same. This must have been so -understood between France and Great Britain, at the treaty of Paris, when -a right was ceded to British subjects to navigate the whole river, and -expressly that part between the island of New Orleans and the western -bank, without stipulating a word about the use of the shores, though -both of them belonged then to France, and were to belong immediately -to Spain. Had not the use of the shores been considered as incident to -that of the water, it would have been expressly stipulated; since its -necessity was too obvious to have escaped either party. Accordingly, all -British subjects used the shores habitually for the purposes necessary -to the navigation of the river; and when a Spanish Governor undertook -at one time to forbid this, and even cut loose the vessels fastening -to their shores, a British frigate went immediately, moored itself to -the shore opposite to the town of New Orleans, and set out guards with -orders to fire on such as might attempt to disturb her moorings. The -Governor acquiesced, the right was constantly exercised afterwards, and -no interruption ever offered. - -This incidental right extends even beyond the shores, where circumstances -render it necessary to the exercise of the principal right; as, in the -case of a vessel damaged, where the mere shore could not be a safe deposit -for her cargo till she could be repaired, she may remove it into safe -ground off the river. The Roman law shall be quoted here too, because it -gives a good idea both of the extent and the limitations of this right. -Ins. 1. 2. t. 1. § 4. [29]Riparum quoque usus publicus est, ut volunt -jura gentium, sicut et ipsius fluminis usus publicus est. Itaque et -navigium ad ripes appellere, et funes de arboribus ibi natis religare, -et navis onera in his locis reponere, liberum quique est sicuti nec per -flumen ipsum navigare quisquam prohibetur. And again, §5, [30]littorum -quoque usus publicus, sive juri gentium est, ut et ipsius maris et -ob id data est facultas volentibus, casas ibi sibi componere, in quas -se recipere possint, &c. Again, § 1. [31]Nemo igitur ad littora maris -accedere prohibitur; veluti deambulare aut navem appellere, sic tamen ut -a villis, id est domiciliis monumentisque ibi positis, et ab edificiis -abstineat, nec iis damnum inferat. - -Among incidental rights are those of having pilots, buoys, beacons, -landmarks, light-houses, &c., to guide the navigators. The establishment -of these at joint expense, and under joint regulations, may be the -subject of a future convention. In the meantime, both should be free to -have their own, and refuse those of the other, both as to use and expense. - -Very peculiar circumstances attending the river Mississippi, require -that the incidental right of accommodation on the shore, which needs only -occasional exercise on other rivers, should be habitual and constant on -this. Sea vessels cannot navigate that river, nor the river vessels go -to sea. The navigation would be useless then without an entrepôt where -these vessels might safely deposit their own cargoes, and take those -left by the others; and where warehouses and keepers might be constantly -established for the safeguard of the cargoes. It is admitted, indeed, that -the incidental right thus extended into the territory of the bordering -inhabitants, is liable to stricter modifications in proportion as it -interferes with their territorial right. But the inconveniences of both -parties are still to have their weight, and reason and moderation on -both sides are to draw the line between them. As to this, we count much -on the liberality of Spain, on her concurrence in opinion with us, that -it is for the interest of both parties to remove completely this germ of -discord from between us, and draw our friendship as close as circumstances -proclaim that it should be, and on the considerations which make it -palpable that a convenient spot placed under our exclusive occupation, -and exempted from the jurisdiction and police of their government, is -far more likely to preserve peace than a mere free port, where eternal -altercations would keep us in eternal ill humor with each other. The -policy of this measure, and indeed of a much larger concession, having -been formerly sketched in a paper of July 12th, 1790, sent to the -commissioners severally, they are now referred to that. - -If this be agreed to, the manner of fixing on that extra territorial -spot becomes highly interesting. The most desirable to us, would be a -permission to send commissioners to choose such spot, below the town of -New Orleans, as they should find most convenient. - -If this be refused, it would be better now to fix on the spot. Our -information is, that the whole country below the town, and for sixty -miles above it, on the western shore, is low, marshy, and subject to -such deep inundation for many miles from the river, that if capable -of being reclaimed at all by banking, it would still never afford an -entrepôt sufficiently safe; that on the eastern side the only lands below -the town, not subject to inundation, are at the Detour aux Anglais, or -English Turn, the highest part of which, is that whereon the fort St. -Marie formerly stood. Even this is said to have been raised by art, and -to be very little above the level of the inundations. This spot then -is what we would fix on, if obliged now to decide, with from one to -as many square miles of the circumjacent lands as can be obtained, and -comprehending expressly the shores above and below the site of the fort as -far as possible. But as to the spot itself, the limits, and even whether -it shall be extra territorial, or only a free port, and what regulations -it shall be laid under, the convenience of that Government is entitled -to so much respect and attention on our part, that the arrangement must -be left to the management of the commissioners, who will doubtless use -their best efforts to obtain all they can for us. - -The worst footing on which the determination of the ground could be -placed, would be a reference to joint commissioners; because their -disagreement, a very probable, nay, a certain event, would undo the -whole convention, and leave us exactly where we now are. Unless indeed -they will engage to us, in case of such disagreement, the highest ground -at the Detour aux Anglais, of convenient extent, including the landings -and harbor thereto adjacent. This would ensure us that ground, unless -better could be found and mutually preferred, and close the delay of -right under which we have so long labored for peace-sake. - -It will probably be urged, because it was urged on a former occasion, -that, if Spain _grants_ to us the right of navigating the Mississippi, -other nations will become entitled to it by virtue of treaties giving -them the rights of the _most favored nation_. - -Two answers may be given to this: - -1. When those treaties were made, no nations could be under contemplation -but those then existing, or those at most who might exist under -similar circumstances. America did not then exist as a nation; and the -circumstances of her position and commerce, are so totally dissimilar to -everything then known, that the treaties of that day were not adapted -to any such being. They would better fit even China than America; -because, as a manufacturing nation, China resembles Europe more. When -we solicited France to admit our whale oils into her ports, though she -had excluded all foreign whale oils, her minister made the objection -now under consideration, and the foregoing answer was given. It was -found to be solid; and the whale oils of the United States are in -consequence admitted, though those of Portugal and the Hanse towns, and -of all other nations, are excluded. Again, when France and England were -negotiating their late treaty of commerce, the great dissimilitude of -our commerce (which furnishes raw materials to employ the industry of -others, in exchange for articles whereon industry has been exhausted) -from the commerce of the European nations (which furnishes things ready -wrought only) was suggested to the attention of both negotiators, and -that they should keep their nations free to make particular arrangements -with ours, by communicating to each other only the rights of the most -favored European nation. Each was separately sensible of the importance -of the distinction; and as soon as it was proposed by the one, it was -acceded to by the other, and the word _European_ was inserted in their -treaty. It may fairly be considered then as the rational and received -interpretation of the diplomatic term, "gentis amicissimæ"[32] that it -has not in view a nation unknown in many cases at the time of using the -term, and so dissimilar in all cases as to furnish no ground of just -reclamation to any nation. - -But the decisive answer is, that Spain does not grant us the navigation -of the river. We have an inherent right to it; and she may repel the -demand of any other nation by candidly stating her act to have been, -what in truth it is, a recognition only, and not a grant. - -If Spain apprehends that other nations may claim access to our ports in -the Mississippi, under their treaties with us, giving them a right to -come and trade in all our ports, though we would not choose to insert an -express stipulation against them, yet we shall think ourselves justified -to acquiesce in fact, under any regulations Spain may from time to time -establish against their admission. - -Should Spain renew another objection, which she relied much on before -that the English at the Revolution treaty could not cede to us what -Spain had taken from them by conquest, and what of course they did not -possess themselves, the preceding observations furnish sufficient matter -for refutation. - -To conclude the subjects of boundary and navigation, each of the following -conditions is to be considered by the commissioners as a _sine quâ non_. - -1. That our southern boundary remain established at the completion of -thirty-one degrees of latitude on the Mississippi, and so on to the -ocean, as has been before described, and our western one along the middle -of the channel of the Mississippi, however that channel may vary, as -it is constantly varying, and that Spain cease to occupy or to exercise -jurisdiction in any part northward or eastward of these boundaries. - -2. That our right be acknowledged of navigating the Mississippi, in its -whole breadth and length, from its source to the sea, as established by -the treaty of 1763. - -3. That neither the vessels, cargoes, or the persons on board, be stopped, -visited, or subjected to the payment of any duty whatsoever; or, if a -visit must be permitted, that it be under such restrictions as to produce -the least possible inconvenience. But it should be altogether avoided, -if possible, as the parent of perpetual broils. - -4. That such conveniences be allowed us ashore, as may render our right -of navigation practicable and under such regulations as may _bonâ fide_ -respect the preservation of peace and order alone, and may not have in -object to embarrass our navigation, or raise a revenue on it. While the -substance of this article is made a _sine quâ non_, the modifications -of it are left altogether to the discretion and management of the -commissioners. - -We might add, as a fifth _sine quâ non_, that no phrase should be admitted -in the treaty which could express or imply that we take the navigation -of the Mississippi as a _grant_ from Spain. But, however disagreeable it -would be to subscribe to such a sentiment, yet, were the conclusion of a -treaty to hang on that single objection, it would be expedient to waive -it, and to meet, at a future day, the consequences of any resumption -they may pretend to make, rather than at present, those of a separation -without coming to any agreement. - -We know not whether Spain has it in idea to ask a compensation for the -ascertainment of our right. - -1. In the first place, she cannot in reason ask a compensation for -yielding what we have a right to, that is to say, the navigation of the -river, and the conveniences incident to it of natural right. - -2. In the second place, we have a claim on Spain for indemnification -for nine years' exclusion from that navigation, and a reimbursement -of the heavy duties (not less for the most part than 15 per cent. on -extravagant valuations) levied on the commodities she has permitted -to pass to New Orleans. The relinquishment of this will be no unworthy -equivalent for any accommodations she may indulge us with, beyond the -line of our strict right. And this claim is to be brought into view -in proper time and manner, merely to be abandoned in consideration of -such accommodations. We have nothing else to give in exchange. For as -to territory, we have neither the right nor the disposition to alienate -an inch of what belongs to any member of our Union. Such a proposition, -therefore, is totally inadmissible, and not to be treated of for a moment. - -3. On the former conferences on the navigation of the Mississippi, -Spain chose to blend with it the subject of commerce; and, accordingly, -specific propositions thereon passed between the negotiators. Her object, -then, was to obtain our renunciation of the navigation, and to hold out -commercial arrangements, perhaps as a lure to us; perhaps, however, she -might then, and may now, really set a value on commercial arrangements -with us, and may receive them as a consideration for accommodating us in -the navigation; or, may wish for them, to have the appearance of receiving -a consideration. Commercial arrangements, if acceptable in themselves, -will not be the less so if coupled with those relating to navigation and -boundary. We have only to take care that they be acceptable in themselves. - -There are two principles which may be proposed as the basis of a -commercial treaty: 1. That of exchanging the privileges of _native -citizens_; or, - -2. Those of _the most favored nation_. - -1. With the nations holding important possessions in America, we are ready -to exchange the rights of native citizens, provided they be extended -through the whole possessions of both parties, but the propositions of -Spain, made on the former occasion, (a copy of which accompanies this,) -were, that we should give their merchants, vessels, and productions, -the privilege of native merchants, vessels, and productions, through -the whole of our possessions, and they give the same to ours only in -Spain and the Canaries. This is inadmissible, because unequal; and, as -we believe that Spain is not ripe for an equal exchange on this basis, -we avoid proposing it. - -2. Though treaties, which merely exchange the rights of the most -favored nations, are not without all inconvenience, yet they have -their conveniences also. It is an important one, that they leave each -party free to make what internal regulations they please, and to give -what preferences they find expedient to native merchants, vessels, and -productions. And as we already have treaties on this basis, with France, -Holland, Sweden, and Prussia, the two former of which are perpetual, it -will be but small additional embarrassment to extend it to Spain. On the -contrary, we are sensible it is right to place that nation on the most -favored footing, whether we have a treaty with them or not, and it can -do us no harm to secure by treaty a reciprocation of the right. - -Of the four treaties before mentioned, either the French or the Prussian -might be taken as a model. But it would be useless to propose the -Prussian; because we have already supposed that Spain would never consent -to those articles which give to each party access to all the dominions -of the other; and, without this equivalent, we would not agree to tie -our own hands so materially in war, as would be done by the 23d article, -which renounces the right of fitting out privateers, or of capturing -merchant vessels. The French treaty, therefore, is proposed as the model. -In this, however, the following changes are to be made. - -We should be admitted to all the dominions of Spain, to which any other -foreign nation is, or may be admitted. - -Article 5 being an exemption from a particular duty in France, will of -course be omitted, as inapplicable to Spain. - -Article 8 to be omitted, as unnecessary with Morocco, and inefficacious, -and little honorable with any of the Barbary powers. But it may furnish -occasion to sound Spain on the project of a convention of the powers -at war with the Barbary States, to keep up, by rotation, a constant -cruise of a given force on their coasts, till they shall be compelled -to renounce forever, and against all nations, their predatory practices. -Perhaps the infidelities of the Algerines to their treaty of peace with -Spain, though the latter does not choose to break openly, may induce -her to subsidize _us_ to cruise against them with a given force. - -Article 9 and 10, concerning fisheries, to be omitted, as inapplicable. - -Article 11. The first paragraph of this article, respecting the _droit -d'aubaine_, to be omitted; that law being supposed peculiar to France. - -Article 17, giving asylum in the ports of either to the armed vessels -of the other, with the prizes taken from the enemies of that other, -must be qualified as it is in the 19th article of the Prussian treaty; -as the stipulation in the latter part of the article, "that no shelter -or refuge shall be given in the ports of the one to such as shall have -made prize on the subjects of the other of the parties," would forbid us -in case of a war between France and Spain, to give shelter in our ports -to prizes made by the latter on the former, while the first part of -the article would oblige us to shelter those made by the former on the -latter--a very dangerous covenant, and which ought never to be repeated -in any other instance. - -Article 29. Consuls should be received in all the ports at which the -vessels of either party may be received. - -Article 30, concerning free ports in Europe and America. Free ports in -the Spanish possessions in America, and particularly at the Havana, San -Domingo, in the island of that name, and St. John of Porto Rico, are -more to be desired than expected. It can, therefore, only be recommended -to the best endeavors of the commissioners to obtain them. It will be -something to obtain for our vessels, flour, &c., admission to those ports -during their pleasure. In like manner, if they could be prevailed on -to re-establish our right of cutting log-wood in the bay of Campeachy, -on the footing on which it stood before the treaty of 1763, it would be -desirable, and not endanger, to us, any contest with the English, who, -by the Revolution treaty, are restrained to the south-eastern parts of -Yucatan. - -Article 31. The _act_ of ratification, on our part, may require a -twelvemonth from the date of the treaty, as the Senate meets regularly -but once a year; and to return it to Madrid, for exchange, may require -four months more. It would be better, indeed, if Spain would send her -ratification to be exchanged by her representative here. - -The treaty must not exceed twelve or fifteen years' duration, except -the clauses relating to boundary, and the navigation of the Mississippi, -which must be perpetual and final. Indeed, these two subjects had better -be in a separate instrument. - -There might have been mentioned a third species of arrangement, that -of making special agreements on every special subject of commerce, -and of setting a tariff of duty to be paid on each side, on every -particular article; but this would require in our commissioners a very -minute knowledge of our commerce, as it is impossible to foresee every -proposition of this kind which might be brought into discussion, and -to prepare them for it by information and instruction from hence. Our -commerce, too, is, as yet, rather in a course of experiment, and the -channels in which it will ultimately flow, are not sufficiently known to -enable us to provide for it by special agreement. Nor have the exigencies -of our new government, as yet, so far developed themselves, as that we -can know to what degree we may or must have recourse to commerce for -the purposes of revenue. No common consideration, therefore, ought to -induce us, as yet, to arrangements of this kind. Perhaps nothing should -do it with any nation, short of the privileges of natives in all their -possessions, foreign and domestic. - -It were to be wished, indeed, that some positively favorable stipulations -respecting our grain, flour, and fish, could be obtained, even on our -giving reciprocal advantages to some other commodities of Spain, say -her wines and brandies. - -But, 1st. If we quit the ground of the _most favored nation_, as to -certain articles for our convenience, Spain may insist on doing the same -for other articles for her convenience, and thus our commissioners will -get themselves on the ground of a treaty of _detail_, for which they -will not be prepared. - -2d. If we grant favor to the wines and brandies of Spain, then Portugal -and Spain will demand the same; and in order to create an equivalent, -Portugal may lay a duty on our fish and grain, and France, a prohibition -on our whale oils, the removal of which will be proposed as an equivalent. - -This much, however, as to grain and flour, may be attempted. There has, -not long since, been a considerable duty laid on them in Spain. This -was while a treaty on the subject of commerce was pending between us and -Spain, as that court considers the matter. It is not generally thought -right to change the state of things pending a treaty concerning them. -On this consideration, and on the motive of cultivating our friendship, -perhaps the commissioners may induce them to restore this commodity -to the footing on which it was, on opening the conferences with Mr. -Gardoqui, on the 26th day of July, 1785. If Spain says, "do the same by -your tonnage on our vessels," the answer may be, that our foreign tonnage -affects Spain very little, and other nations very much; whereas the duty -on flour in Spain affects us very much, and other nations very little. -Consequently, there would be no equality in reciprocal relinquishment, -as there had been none in the reciprocal innovation; and Spain, by -insisting on this, would, in fact, only be aiding the interests of her -rival nations, to whom we should be forced to extend the same indulgence. -At the time of opening the conferences, too, we had, as yet, not erected -any system; our government itself being not yet erected. Innovation then -was unavoidable on our part, if it be innovation to establish a system. -We did it on fair and general ground; on ground favorable to Spain. But -they had a system, and, therefore, innovation was avoidable on their part. - -It is known to the commissioners that we found it expedient to ask -the interposition of France, lately, to bring on this settlement of -our boundary, and the navigation of the Mississippi. How far that -interposition has contributed to produce it, is uncertain. But we have -reason to believe that her further interference would not produce an -agreeable effect on Spain. The commissioners, therefore, are to avoid -all further communications on the subject with the ministers of France, -giving them such explanations as may preserve their good dispositions. -But if, ultimately, they shall find themselves unable to bring Spain to -agreement on the subject of the navigation and boundary, the interposition -of France, as a mutual friend, and the guarantee of our limits, is then -to be asked, in whatever light Spain may choose to consider it. - -Should the negotiations on the subject of navigation and boundary -assume, at any time, an unhopeful aspect, it may be proper that Spain -should be given to understand, that, if they are discontinued without -coming to any agreement, the Government of the United States cannot be -responsible for the longer forbearance of their western inhabitants. At -the same time the abandonment of the negotiation should be so managed -as that, without engaging us to a further suspension of the exercise of -our rights, we may not be committed to resume them on the instant. The -present turbid situation of Europe cannot leave us long without a safe -occasion of resuming our territory and navigation, and of carving for -ourselves those conveniences, on the shores, which may facilitate and -protect the latter effectually and permanently. - -We had a right to expect that, pending a negotiation, all things would -have remained in _statu quo_, and that Spain would not have proceeded -to possess herself of other parts of our territory. But she has lately -taken and fortified a new post on the Walnut hills, above the mouth -of the Yazoo river, and far above the 31st degree. This garrison ought -to have been instantly dislodged; but for our wish to be in friendship -with Spain, and our confidence in her assurances "to bide by the limits -established in our treaty with England," complaints of this unfriendly -and uncandid procedure may be brought forward or not, as the commissioners -shall see expedient. - -FOOTNOTES: - - [27] Mr. Short is desired to purchase this book at - Amsterdam, or Paris, as he may not find it at Madrid, and - when it shall have answered the purposes of this mission, - let it be sent here for the use of the Secretary of State's - office. - - [28] Rivers belong to the public, that is to say to the - Roman people. - - [29] "The use of the banks belong also to the public by - the laws of nations, as the use of the river itself does. - Therefore, every one is free to moor his vessel to the - bank, to fasten his cables to the trees growing on it, to - deposit the cargo of his vessel in those places in like - manner as every one is free to navigate the river itself." - - [30] "The use of the shores also belongs to the public, or - is under the law of nations, as is that of the sea itself. - Therefore it is, that those who choose, have a right to - build huts there, into which they may betake themselves." - - [31] "Nobody, therefore, is prohibited from landing on the - sea shore, walking there, or mooring their vessel there, - so nevertheless that they keep out of the villas, that is, - the habitations, monuments, and public buildings, erected - there, and do them no injury." - - [32] "The most favored nation." - - -XXVII.--_Report on the case of Charles Russell and others, claiming -certain lands._ - - January 21, 1792. - -The Secretary of State, to whom was referred, by the President of the -United States, the letter of the Governor of Virginia of January 7th, -1792, with the report of a committee of the House of Delegates of that -commonwealth, of December 12th, 1791, and resolution of the General -Assembly thereon, of December 17th, on the case of Charles Russell, -late an officer in the service of the said commonwealth, stating that a -considerable part of the tract of country allotted for the officers and -soldiers having fallen into the State of North Carolina on the extension -of their common boundary, the legislature of the said State had, in -1781, passed an act substituting in lieu thereof the tract of country -between the said boundary and the rivers Mississippi, Ohio, Tennessee, -and subjecting the same to the claims of their officers and soldiers. -That the said Charles Russell had in consequence thereof, directed -warrants for two thousand six hundred and sixty-six and two-thirds acres -of land to be located within the said tract of country; but that the -same belonging to the Chickasaws, he is unable to obtain a right thereto, -and that there are other officers and soldiers of the said commonwealth -under like circumstances: - -Reports, That the tract of country before described, is within the -boundaries of the Chickasaw nation as established by the treaty of -Hopewell, the 16th day of January 1786. - -That the right of occupancy of the said lands, therefore, being vested -in the said nation, the case of the said Charles Russell, and other -officers and soldiers of the said commonwealth, becomes proper to be -referred to the legislature of the United States for their consideration. - - -XXVIII.--_Report relative to negotiations at Madrid._ - - March 7, 1792. - -The Secretary of State having understood, from communications with -the commissioners of his Catholic Majesty, subsequent to that which -he reported to the President on the 22d of December last, that though -they considered the navigation of the Mississippi as the principal -object of negotiation between the two countries, yet it was expected by -their court that the conferences would extend to all the matters which -were under negotiation on the former occasion with Mr. Gardoqui, and -particularly to some arrangements of commerce, is of opinion, that, -to renew the conferences on this subject also, since they desire it, -will be but friendly and respectful, and can lead to nothing without -our own consent; and that, to refuse it, might obstruct the settlement -of the questions of navigation and boundary; and, therefore, reports -to the President of the United States, the following observations and -instructions to the commissioners of the United States, appointed to -negotiate with the court of Spain a treaty or convention relative to the -navigation of the Mississippi; which observations and instructions, he -is of opinion, should be laid before the Senate of the United States, -and their decision be desired, whether they will advise and consent that -a treaty be entered into by the commissioners of the United States with -Spain conformable thereto. - -After stating to our commissioners the foundation of our rights to -navigate the Mississippi, and to hold our southern boundary at the 31st -degree of latitude, and that each of these is to be a _sine quâ non_, -it is proposed to add as follows: - -On the former conferences on the navigation of the Mississippi, Spain -chose to blend with it the subject of commerce; and, accordingly, -specific propositions thereon passed between the negotiators. Her object -then was to obtain our renunciation of the navigation, and to hold out -commercial arrangements perhaps as a lure to us. Perhaps, however, she -might then, and may now, really set a value on commercial arrangements -with us, and may receive them as a consideration for accommodating us in -the navigation, or may wish for them to have the appearance of receiving -a consideration. Commercial arrangements, if acceptable in themselves, -will not be the less so, if coupled with those relating to navigation and -boundary. We have only to take care that they be acceptable in themselves. - - * * * * * - - -XXIX.--_Opinion on the Bill apportioning Representation._ - - April 4, 1792. - -The Constitution has declared that representatives and direct taxes shall -be apportioned among the several States according to their respective -numbers. That the number of representatives shall not exceed one for -every 30,000, but each State shall have at least one representative, and -until such enumeration shall be made, the State of New Hampshire shall -be entitled to choose 3, Massachusetts 2. - -The bill for apportioning representatives among the several States, -without explaining any principle at all, which may show its conformity -with the constitution, to guide future apportionments, says, that New -Hampshire shall have 3 members, Massachusetts 16, &c. We are, therefore, -to find by experiment what has been the principle of the bill; to do -which, it is proper to state the federal or representable numbers of -each State, and the numbers allotted to them by the bill. They are as -follows:-- - - Members. - - Vermont 85,532 3 - New Hampshire 141,823 5 - Massachusetts 475,327 16 - Rhode Island 68,444 2 - Connecticut 285,941 8 - New York 352,915 11 - New Jersey 179,556 6 - Pennsylvania 432,880 14 - Delaware 55,538 2 - Maryland 278,513 9 - Virginia 630,558 21 - Kentucky 68,705 2 - North Carolina 353,521 11 - South Carolina 206,236 6 - Georgia 70,843 2 - --------- --- - 3,636,312 120 - -It happens that this representation, whether tried as between great and -small States, or as between north and south, yields, in the present -instance, a tolerably just result; and, consequently, could not be -objected to on that ground, if it were obtained by the process prescribed -in the Constitution; but if obtained by any process out of that, it -becomes arbitrary and inadmissible. - -The 1st member of the clause of the Constitution above cited is express, -that representatives shall be apportioned among the several States -according to their _respective numbers_. That is to say, they shall -be apportioned by some common ratio--for proportion, and ratio, are -equivalent words; and, in the definition of _proportion among numbers_, -that they have a ratio common to all, or in other words, a common divisor. -Now, trial will show that there is no common ratio, or divisor, which, -applied to the numbers of each State, will give to them the number of -representatives allotted in this bill. For trying the several ratios of -29, 30, 31, 32, 33, the allotments would be as follows:-- - - 29 30 31 32 33 The Bill - -- -- -- -- -- -------- - Vermont 2 2 2 2 2 3 - New Hampshire 4 4 4 4 4 5 - Massachusetts 16 15 15 14 14 16 - Rhode Island 2 2 2 2 2 2 - Connecticut 8 7 7 7 7 8 - New York 12 11 11 11 10 11 - New Jersey 6 5 5 5 5 6 - Pennsylvania 14 14 13 13 13 14 - Delaware 1 1 1 1 1 2 - Maryland 9 9 8 8 8 9 - Virginia 21 21 20 19 19 21 - Kentucky 2 2 2 2 2 2 - North Carolina 12 11 11 11 10 12 - South Carolina 7 6 6 6 6 7 - Georgia 2 2 2 2 2 2 - --- --- --- --- --- --- - 118 112 109 107 105 120 - -Then the bill reverses the constitutional precept, because, by it, -representatives are _not_ apportioned among the several States, according -to their respective numbers. - -It will be said that, though, for taxes, there may always be found a -divisor which will apportion them among the States according to numbers -exactly, without leaving any remainder, yet, for _representatives_, there -can be no such common ratio, or divisor, which, applied to the several -numbers, will divide them exactly, without a remainder or fraction. I -answer, then, that taxes must be divided _exactly_, and representatives -_as nearly_ as the _nearest ratio_ will admit; and the fractions must -be neglected, because the Constitution calls absolutely that there be -an _apportionment or common ratio_, and if any fractions result from -the operation, it has left them unprovided for. In fact it could not -but foresee that such fractions would result, and it meant to submit -to them. It knew they would be in favor of one part of the Union at one -time, and of another at another, so as, in the end, to balance occasional -irregularities. But instead of such a _single_ common ratio, or uniform -divisor, as prescribed by the Constitution, the bill has applied _two -ratios_, at least, to the different States, to wit, that of 30,026 to -the seven following: Rhode Island, New York, Pennsylvania, Maryland, -Virginia, Kentucky and Georgia; and that of 27,770 to the eight others, -namely: Vermont, New Hampshire, Massachusetts, Connecticut, New Jersey, -Delaware, North Carolina, and South Carolina, as follows:-- - - Rhode Island 68,444 divided by 30,026 gives 2 - New York 352,915 " " " 11 - Pennsylvania 432,880 " " " 14 - Maryland 278,513 " " " 9 - Virginia 630,558 " " " 21 - Kentucky 58,705 " " " 2 - Georgia 70,843 " " " 2 - - Vermont 85,532 divided by 27,770 gives 3 - New Hampshire 141,823 " " " 5 - Massachusetts 475,327 " " " 16 - Connecticut 235,941 " " " 8 - New Jersey 179,556 " " " 6 - Delaware 55,538 " " " 2 - North Carolina 353,521 " " " 12 - South Carolina 206,236 " " " 7 - -And if _two_ ratios be applied, then _fifteen_ may, and the distribution -become arbitrary, instead of being apportioned to numbers. Another member -of the clause of the Constitution which has been cited, says "the number -of representatives shall not exceed one for every 30,000, but each State -shall have at least one representative." This last phrase proves that -it had no contemplation that all fractions, or _numbers below the common -ratio_ were to be unrepresented; and it provides especially that in the -case of a State whose whole number shall be below the common ratio, one -representative shall be given to it. This is the single instance where -it allows representation to any smaller number than the common ratio, -and by providing especially for it in this, shews it was understood -that, without special provision, the smaller number would in this case, -be involved in the general principle. The first phrase of the above -citations, that "the number of representatives shall not exceed one for -every 30,000," is violated by this bill which has given to eight States -a number exceeding one for every 30,000, to wit, one for every 27,770. - -In answer to this, it is said that this phrase may mean either the 30,000 -_in each State_, or the 30,000 _in the whole Union_, and that in the -latter case it serves only to find the amount of the whole representation; -which, in the present state of population, is 120 members. Suppose the -phrase might bear both meanings, which will common sense apply to it? -Which did the universal understanding of our country apply to it? Which -did the Senate and Representatives apply to it during the pendency of the -first bill, and even till an advanced stage of this second bill, when -an ingenious gentleman found out the doctrine of fractions, a doctrine -so difficult and inobvious, as to be rejected at first sight by the very -persons who afterwards became its most zealous advocates? - -The phrase stands in the midst of a number of others, every one of which -relates to States in their separate capacity. Will not plain common sense -then, understand it, like the rest of its context, to relate to States -in their separate capacities? - -But if the phrase of one for 30,000 is only meant to give the aggregate -of representatives, and not at all to influence their apportionment -among the States, then the 120 being once found, in order to apportion -them, we must recur to the former rule which does it according to the -numbers of _the respective States_; and we must take the _nearest common -divisor_, as the ratio of distribution, that is to say, that divisor -which, applied to every State, gives to them such numbers as, added -together, come nearest to 120. This nearest common ratio will be found -to be 28,658, and will distribute 119 of the 120 members, leaving only -a single residuary one. It will be found too to place 96,648 fractional -numbers in the eight northernmost States, and 106,582 in the seven -southernmost. The following table shows it: - - Ratio, 28,658 Fraction. - ------ - Vermont 85,832 2 27,816 - New Hampshire 141,823 4 26,391 - Massachusetts 475,327 16 13,599 - Rhode Island 68,444 2 10,728 - Connecticut 235,941 8 5,077 - New York 352,915 12 6,619 - New Jersey 119,856 6 6,408 - Pennsylvania 432,880 15 10 96,648 - - Delaware 55,538 1 26,680 - Maryland 278,503 9 18,191 - Virginia 630,558 21 24,540 - Kentucky 68,705 2 10,989 - North Carolina 353,521 12 7,225 - South Carolina 206,236 7 4,230 - Virginia 70,843 2 23,137 105,582 - --------- ---- ------- ------- - 3,636,312 119 202,230 202,230 - -Whatever may have been the intention, the effect of neglecting the -nearest divisor, (which leaves but one residuary member,) and adopting -a distant one (which leaves eight), is merely to take a member from New -York and Pennsylvania, each, and give them to Vermont and New Hampshire. -But it will be said, this is giving more than one for 30,000. True, but -has it not been just said that the one for 30,000 is prescribed only to -fix the aggregate number, and that we are not to mind it when we come -to apportion them among the States? That for this we must recur to the -former rule which distributes them according to the numbers in each -State? Besides does not the bill itself apportion among seven of the -States by the ratio of 27,770? which is much more than one for 30,000. - -Where a phrase is susceptible of two meanings, we ought certainly to -adopt that which will bring upon us the fewest inconveniences. Let us -weigh those resulting from both constructions. - -From that giving to each State a member for every 30,000 in that State -results the single inconvenience that there may be large portions -unrepresented, but it being a mere hazard on which State this will -fall, hazard will equalize it in the long run. From the others result -exactly the same inconvenience. A thousand cases may be imagined to -prove it. Take one. Suppose eight of the States had 45,000 inhabitants -each, and the other seven 44,999 each, that is to say each one less than -each of the others. The aggregate would be 674,993, and the number of -representatives at one for 30,000 of the aggregate, would be 22. Then, -after giving one member to each State, distribute the seven residuary -members among the seven highest fractions, and though the difference of -population be only an unit, the representation would be the double. - - Fractions. - - 1st. 45,000 2 15,000 - 2d. 45,000 2 15,000 - 3d. 45,000 2 15,000 - 4th. 45,000 2 15,000 - 5th. 45,000 2 15,000 - 6th. 45,000 2 15,000 - 7th. 45,000 2 15,000 - 8th. 45,000 1 15,000 - 9th. 44,999 1 14,999 - 10th. 44,999 1 14,999 - 11th. 44,999 1 14,999 - 12th. 44,999 1 14,999 - 13th. 44,999 1 14,999 - 14th. 44,999 1 14,999 - 15th. 14,999 - ------- -- - 674,993 22 - -Here a single inhabitant the more would count as 30,000. Nor is this case -imaginable, only it will resemble the real one whenever the fractions -happen to be pretty equal through the whole States. The numbers of our -census happen by accident to give the fractions all very small, or very -great, so as to produce the strongest case of inequality that could -possibly have occurred, and which may never occur again. The probability -is that the fractions will generally descend gradually from 29,999 to -1. The inconvenience then of large unrepresented fractions attends both -constructions; and while the most obvious construction is liable to no -other, that of the bill incurs many and grievous ones. - -1. If you permit the large fraction in one State to choose a -representative for one of the small fractions in another State, you take -from the latter its election, which constitutes real representation, -and substitute a virtual representation of the disfranchised fractions, -and the tendency of the doctrine of virtual representation has been too -well discussed and appreciated by reasoning and resistance on a former -great occasion to need development now. - -2. The bill does not say that it has given the residuary representatives -_to the greatest fraction_; though in fact it has done so. It seems to -have avoided establishing that into a rule, lest it might not suit on -another occasion. Perhaps it may be found the next time more convenient -to distribute them _among the smaller States_; at another time _among -the larger States_; at other times according to any other crotchet which -ingenuity may invent, and the combinations of the day give strength to -carry; or they may do it arbitrarily by open bargains and cabal. In short -this construction introduces into Congress a scramble, or a vendue for -the surplus members. It generates waste of time, hot blood, and may at -some time, when the passions are high, extend a disagreement between -the two Houses, to the perpetual loss of the thing, as happens now in -the Pennsylvania assembly; whereas the other construction reduces the -apportionment always to an arithmetical operation, about which no two -men can ever possibly differ. - -3. It leaves in full force the violation of the precept which declares -that representatives shall be _apportioned_ among the States according -to their numbers, _i. e._, by some common ratio. - -Viewing this bill either as a _violation of the constitution_, or as -giving an _inconvenient exposition of its words_, is it a case wherein -the President ought to interpose his negative? I think it is. - -1. The non-user of his negative begins already to excite a belief that no -President will ever venture to use it; and has, consequently, begotten a -desire to raise up barriers in the State legislatures against Congress, -throwing off the control of the constitution. - -2. It can never be used more pleasingly to the public, than in the -protection of the constitution. - -3. No invasions of the constitution are fundamentally so dangerous as the -tricks played on their own numbers, apportionment, and other circumstances -respecting themselves, and affecting their legal qualifications to -legislate for the union. - -4. The majorities by which this bill has been carried (to wit: of one in -the Senate and two in the Representatives) show how divided the opinions -were there. - -5. The whole of both houses admit the constitution will bear the other -exposition, whereas the minorities in both deny it will bear that of -the bill. - -6. The application of any one ratio is intelligible to the people, and -will, therefore be approved, whereas the complex operations of this bill -will never be comprehended by them, and though they may acquiesce, they -cannot approve what they do not understand. - - -XXX.--_Opinion relative to a case of recapture, by citizens of the -United States, of slaves escaped into Florida, and of an American captain -enticing French slaves from St. Domingo._ - - December 3, 1792. - -Complaint has been made by the Representatives of Spain that certain -individuals of Georgia entered the State of Florida, and without any -application to the Government, seized and carried into Georgia, certain -persons, whom they claimed to be their slaves. This aggression was thought -the more of, as there exists a convention between that government and -the United States against receiving fugitive slaves. - -The minister of France has complained that the master of an American -vessel, while lying within a harbor of St. Domingo, having enticed some -negroes on board his vessel, under pretext of employment, bought them -off, and sold them in Georgia as slaves. - -1. Has the general government cognizance of these offences? 2. If it -has, is any law already provided for trying and punishing them? - -1. The Constitution says "Congress shall have power to lay and collect -taxes, duties, imposts, and excises, to pay the debts &c., provide for -the common defence and _general welfare_ of the United States." I do -not consider this clause as reaching the point. I suppose its meaning -to be, that Congress may collect taxes for the purpose of providing for -the _general welfare_, in those cases wherein the Constitution empowers -them to act for the general welfare. To suppose that it was meant to give -them a distinct substantive power, to do _any act_ which might tend to -the _general welfare_, is to render all the enumerations useless, and to -make their powers unlimited. We must seek the power therefore in some -other clause of the Constitution. It says further, that Congress shall -have power to "define and punish piracies and felonies committed on -the high seas, and offences against the law of nations." These offences -were not committed on the high seas, and consequently not within that -branch of the clause. Are they against the law of nations, taken as it -may be in its whole extent, as founded, 1st, in nature; 2d, usage; 3d, -convention? So much may be said in the affirmative, that the legislators -ought to send the case before the judiciary for discussion; and the -rather, when it is considered that unless the offenders can be punished -under this clause, there is no other which goes directly to their case, -and consequently our peace with foreign nations will be constantly at -the discretion of individuals. - -2. Have the legislators sent this question before the Courts by any -law already provided? The act of 1789, chapter 20, section 9, says the -district courts shall have cognizance concurrent with the courts of the -several States, or the circuit courts, of all causes, where an _alien -sues for a tort only_, in violation of the law of nations: but what if -there be no alien whose interest is such as to support an action for -the tort?--which is precisely the case of the aggression on Florida. If -the act in describing the jurisdiction of the Courts, had given them -cognizance of proceedings by way of indictment or information against -offenders under the law of nations, for the public wrong, and on the -public behalf, as well as to an individual for the special tort, it -would have been the thing desired. - -The same act, section 13, says, the "Supreme Court shall have exclusively -all such jurisdiction of suits or proceedings against ambassadors, -or other public ministers, or their domestics or domestic servants, -as a court of law can have or exercise consistently, with the law of -nations."--Still this is not the case, no ambassador, &c., being concerned -here. I find nothing else in the law applicable to this question, and -therefore presume the case is still to be provided for, and that this -may be done by enlarging the jurisdiction of the courts, so that they may -sustain indictments and informations on the public behalf, for offences -against the law of nations. - -[_A note added by Mr. Jefferson at a later period._] - -On further examination it does appear that the 11th section of the -judiciary act above cited gives to the circuit courts exclusively, -cognizance of all crimes and offences cognizable under the authority -of the United States, and not otherwise provided for. This removes the -difficulty, however, but one step further;--for questions then arise, -1st. What is the peculiar character of the offence in question; to wit, -treason, felony, misdemeanor, or trespass? 2d. What is its specific -punishment--capital or what? 3d. Whence is the venue to come? - - -XXXI.--_Report on Assays at the Mint, communicated to the House of -Representatives, January 8, 1793._ - -The Secretary of State, to whom was referred, by the President of the -United States, the resolution of the House of Representatives of the -29th of November, 1792, on the subject of experiments of France, England, -Spain, and Portugal, reports: - -That assays and experiments have been, accordingly, made at the mint, -by the director, and under his care and inspection, of sundry gold and -silver coins of France, England, Spain, and Portugal, and of the quantity -of fine gold and alloy in each of them, and the specific gravities of -those of gold given in by the director, a copy of which, and of the -letter covering it, are contained in the papers marked A and B. - - -A. - - January 7, 1793. - -SIR:--I have, herewith, enclosed the result of our assays, &c., of -the coins of France, England, Spain, and Portugal. In the course of the -experiments, a very small source of error was detected, too late for the -present occasion, but which will be carefully guarded against in future. - -I am, with the most perfect esteem, your most obedient humble servant, - - DAVID RITTENHOUSE, _Director of the Mint_. - -THOMAS JEFFERSON, _Secretary of State_. - - -_B._ - -_Assay of gold coins._ - - =======================+==============================+========== - | In 24 grains. | - Date +--------------+---------------+ Specific - | Fine gold. | Alloy. | gravity. - -----------------------+--------------+---------------+---------- - | grs. 32 pts.| grs. 32 pts.| - {1726| 21 16 | 2 16 | 17.48 - {1734| 21 19 | 2 13 | 17.38 - French guineas, {1742| 21 26 | 2 06 | 17.58 - {1753| 21 03 | 2 29 | 17.23 - {1775| 21 22 | 2 10 | 17.57 - {1786| 21 22 | 2 10 | 17.51 - - Double do. {1789| 21 22 | 2 10 | 17.50 - {1790| 21 25 | 2 07 | 17.57 - {1776| 21 21 | 2 11 | 17.53 - {1780| 21 00 | 3 00 | 17.57 - - Spanish pistoles, {1786| 21 18 | 2 14 | 17.63 - {1788| 21 02 | 2 30 | 17.00 - - {1755| 21 28 | 2 04 | 17.78 - {1777| 21 31 | 2 01 | 17.75 - {1785| 21 30 | 2 02 | 17.78 - English guineas, {1788| 21 31 | 2 01 | 17.79 - {1789| 22 03 | 1 29 | 17.78 - {1791| 22 01 | 1 31 | 17.74 - -----------------------+--------------+---------------+--------- - {1739| 21 31 | 2 01 | 17.63 - {1770| 22 05 | 1 27 | 17.78 - Half johannes of {1776| 22 05 | 1 27 | 17.87 - Portugal, {1785| 21 30 | 2 02 | 17.68 - {1788| 21 31 | 2 01 | 17.78 - =======================+==============+===============+========= - -_Silver coins._ - - =================================+================================= - | In 12 ounces. - Date. +----------------+---------------- - | Fine silver. | Alloy. - ---------------------------------+----------------+---------------- - | oz. dwts. grs. | oz. dwts. grs. - English half-crown of William | | - III. | 10 19 09½ | 1 00 14½ - English shilling, 1787| 11 00 02½ | 0 19 21½ - French crown, 1791| 10 16 00 | 1 04 00 - Do. half-crown, 1739| 10 17 00 | 1 03 00 - Do. 1792| 10 16 19 | 1 03 05 - { 1772| 10 15 05 | 1 04 19 - Spanish dollar of { 1782| 10 14 02½ | 1 05 21½ - { 1790| 10 14 00 | 1 06 00 - { 1791| 10 14 21½ | 1 05 02½ - =================================+================+================ - - MINT, January 7, 1793. - -Assayed by Mr. David Ott, under my inspection, at the mint, in pursuance -of a resolution of Congress of November 29, 1792. I have added the -specific gravity of each piece of gold coin. - - DAVID RITTENHOUSE, _Director of the Mint_. - - -XXXII.----_Report on the petition of John Rogers, relative to certain -lands on the north-east side of the Tennessee._ - - February 16, 1793. - -The Secretary of State, to whom was referred, by the House of -Representatives of the United States, the petition of John Rogers, setting -forth, that as an officer of the State of Virginia, during the last war, -he became entitled to two thousand acres of lands on the north-east side -of the Tennessee, at its confluence with the Ohio, and to two thousand -four hundred acres in different parcels, between the same river and -the Mississippi, all of them within the former limit of Virginia, which -lands were allotted to him under an act of the Legislature of Virginia, -before its deed of cession to the United States; that by the treaty of -Hopewell, in 1786, the part of the country comprehending these lands -was ceded to the Chickasaw Indians; and praying compensation for the same, - -Reports, That the portion of country comprehending the said parcels of -land, has been ever understood to be claimed, and has certainly been -used, by the Chickasaw and Cherokee Indians for their hunting grounds. -The Chickasaws holding exclusively from the Mississippi to the Tennessee, -and extending their claim across that river, eastwardly, into the claims -of the Cherokees, their conterminous neighbors. - -That the government of Virginia was so well apprized of the rights of -the Chickasaws to a portion of country within the limit of that State, -that about the year 1780, they instructed their agent, residing with the -southern Indians, to avail himself of the first opportunity which should -offer, to purchase the same from them, and that, therefore, any act of -that Legislature allotting these lands to their officers and soldiers -must probably have been passed on the supposition, that a purchase of -the Indian right could be made, which purchase, however, has never been -made. - -That, at the treaty of Hopewell, the true boundary between the United -States on the one part, and the Cherokees and Chickasaws on the other, -was examined into and acknowledged, and by consent of all parties, the -unsettled limits between the Cherokees and Chickasaws were at the same -time ascertained, and in that part particularly, were declared to be the -highlands dividing the waters of the Cumberland and Tennessee, whereby -the whole of the petitioner's locations were found to be in the Chickasaw -country. - -That the right of occupation of the Cherokees and Chickasaws in this -portion of the country, having never been obtained by the United States, -or those under whom they claim it, cannot be said to have been ceded by -them at the treaty of Hopewell, but only recognized as belonging to the -Chickasaws, and retained to them. - -That the country south of the Ohio was formerly contested between the -Six Nations and the southern Indians for hunting grounds. - -That the Six Nations sold for a valuable consideration to the then -government their right to that country, describing it as extending from -the mouth of the Tennessee upwards. That no evidence can at this time -and place be procured, as to the right of the southern Indians, that -is to say, the Cherokees and Chickasaws, to the same country; but it is -believed that they voluntarily withdrew their claims within the Cumberland -river, retaining their right so far, which consequently could not be -conveyed from them, or to us, by the act of the Six Nations, unless it be -proved that the Six Nations had acquired a right to the country between -the Cumberland and Tennessee rivers by conquest over the Cherokees and -Chickasaws, which it is believed cannot be proved. - -That, therefore, the locations of the petitioner must be considered as -made within the Indian territory, and insusceptible of being reduced -into his possession, till the Indian right be purchased. - -That this places him on the same footing with Charles Russell and others, -officers of the same State, who had located their bounty lands in like -manner, within the Chickasaw lines, whose case was laid before the House -of Representatives of the United States at the last session, and remains -undecided on; and that the same and no other measure should be dealt to -this petitioner which shall be provided for them. - - -XXXIII.--_Report relative to the Boundaries of the Lands between the -Ohio and the Lakes acquired by treaties from the Indians._ - - March 10, 1793. - -The Secretary of State, according to instructions received from the -President of the United States, - -Reports, That, for the information of the commissioners appointed to -treat with the western Indians, he has examined the several treaties -entered into with them subsequent to the declaration of Independence, -and relating to the lands between the Ohio and the lakes, and also the -extent of the grants, reservations, and appropriations of the same lands, -made either by the United States, or by individual States within the -same period, and finds that the lands obtained by the said treaties, and -not so granted, reserved, or appropriated, are bounded by the following -lines, to wit: - -Northwardly. By a line running from the fork of the Tuscarora's branch -of the Muskingum, at the crossing-place above Fort Lawrence. Westwardly -(towards the portage of the Big-Miami) to the main branch of that river, -then down the Miami, to the fork of that river next below the old fort, -which was taken by the French in 1752, thence due west to the river De la -Panse, and down that river to the Wabash; which lines were established -with the Wiandots, Delawares, Chippawas, and Ottawas, by the treaty of -Fort McIntosh, and with the Shawanese by that of the Great Miami. - -Westwardly. By the bounds of the Wabash Indians. - -Eastwardly. By the million of acres appropriated to military claimants, -by the resolution of Congress of October 23, 1787, and lying in the -angle between the seventh range of townships counted westwardly, from -the Pennsylvania boundary, and the tenth range counted from the Ohio -northwardly along the said seventh, which million of acres may perhaps -extend westwardly, so as to comprehend the twelfth range of townships, -counted in that direction from the Pennsylvania boundary, under which -view the said twelfth range may be assumed for the eastern boundary of -the territory now under consideration, from the said tenth range to the -Indian line. - -Southwardly. By the northern boundary of the said tenth range of townships -to the Sioto river, and along the said river to what shall be the -northern limits of the appropriations for the Virginia line; (which two -last lines are those of the lands granted to the Sioto company,) thence -along what shall be the _northern_ limits of the said appropriations -of the Virginia line to the little Miami, and along the same to what -shall be the northern limit of one million of acres of land purchased -by John C. Symmes; thence due west along the said northern limit of -the said John C. Symmes, to the Great Miami, and down the same to its -mouth, then along the Ohio to General Clark's lands, and round the said -lands to the Ohio again, and down the same to the Wabash, or the lands -of the Indians inhabiting it. Which several lines are delineated on -the copy of Hutchins' map accompanying this report; the dotted parts of -the delineation denoting that they are conjectural. And it is further -necessary to apprize the commissioners that though the points at which -these several lines touches the Ohio, are taken from actual surveys, -yet the country included by the said lines, not being laid down from -actual survey, their lengths and intersections with each other, and -with the watercourses, as appearing in the maps, are not at all to be -relied on. No notice is here taken of the lands at the mouth of the Ohio -appropriated for military bounties by the same resolution of Congress -of October 22, 1787, nor of the settlement of Cahokea, Kaskaskia, Post -Vincennes, &c., because these can concern no Indians but those of the -Illinois and Wabash, whose interests should be transacted with themselves -separately, and not be permitted to be placed under the patronage of -the western Indians. - - -XXXIV.--_Report on the proceedings of the Secretary of State to transfer -to Europe the annual fund of $40,000, appropriated to that Department._ - - April 18, 1793. - -The Secretary of State thinking it his duty to communicate to the -President his proceedings of the present year for transferring to Europe -the annual fund of $40,000 appropriated to the Department of State, (a -report whereof, was unnecessary the two former years, as monies already -in the hands of our bankers in Europe were put under his orders,) - -Reports, That in consequence of the President's order of March 23d, he -received from the Secretary of the Treasury, March 31st, a warrant on -the Treasurer for $39,500; that it being necessary to purchase private -bills of exchange to transfer the money to Europe, he consulted with -persons acquainted with that business, who advised him not to let it -be known that he was to purchase bills at all, as it would raise the -exchange; and to defer the purchase a few days until the British packet -should be gone, on which event bills generally sunk some few per cent. -He therefore deferred the purchase, or giving any orders for it till -April 10th, when he engaged Mr. Vaughan (whose line of business enabled -him to do it without suspicion,) to make the purchase for him. He then -delivered the warrant to the Treasurer, and received a credit at the -Bank of the United States for $39,500, whereon he had an account opened -between "The Department of State and the Bank of the United States." -That Mr. Vaughan procured for him the next day the following bills: - -Willing, Morris, and Swanwich, on John and Francis Baring & Co., London, -£3,000=$13,000. - -Walter Stewart on Joseph Birch, March, Liverpool, £400=$1,733 33. - -Robert Gilmer & Co., on James Strachan and James Mackenzie, London, -endorsed by Mordecai Lewis. - - £200 } - 150 } £600 $2,600 - 250 } -------------------- - £4,000 = $17,333 33. - -Averaging 4s. 7-38/100d. the dollar, or about 2½ per cent. above par, -which added to the one per cent loss heretofore always sustained on -the government bills (which allowed but 99 florins, instead of 100 do. -for every $40) will render the fund somewhat larger this year than -heretofore; that these bills being drawn on London, (for none could -be got on Amsterdam but to considerable loss, added to the risk of the -present possible situation of that place), he had them made payable to -Mr. Pinckney, and enclosed them to him by Captain Cutting, in the letter -of April 12th, now communicated to the President, and at the same time -wrote the letters of the same date to our bankers at Amsterdam and to -Col. Humphreys, now also communicated to the President, which will place -under his view the footing on which this business is put, and which is -still subject to any change he may think proper to direct, as neither -the letters, nor bills are yet gone. - -The Secretary of State proposes, hereafter, to remit in the course of -each quarter $10,000 for the ensuing quarter, as that will enable him -to take advantage of the times when exchange is low. He proposes to -direct, at this time, a further purchase of $12,166 66, (which with the -$500 formerly obtained and $17,333 33 now remitted, will make $30,000 -of this year's fund,) at long sight, which circumstance with the present -low rate of exchange, will enable him to remit it to advantage. - -He has only further to add that he delivered to Mr. Vaughan orders on -the bank of the United States in favor of the persons themselves from -whom the bills were purchased, for their respective sums. - - -XXXV.--_Opinion on the question whether the United States have a right -to renounce their treaties with France, or to hold them suspended till -the government of that country shall be established._ - - April 28, 1793. - -I proceed in compliance with the requisition of the President to give an -opinion in writing on the general question, whether the United States -have a right to renounce their treaties with France, or to hold them -suspended till the government of that country shall be established? - -In the consultation at the President's on the 19th inst., the Secretary -of the Treasury took the following positions and consequences. France -was a monarchy when we entered into treaties with it; but it has declared -itself a republic, and is preparing a republican form of government. As -it may issue in a republic or a military despotism, or something else -which may possibly render our alliance with it dangerous to ourselves, -we have a right of election to renounce the treaty altogether, or to -declare it suspended till their government shall be settled in the form -it is ultimately to take; and then we may judge whether we will call -the treaties into operation again, or declare them forever null. Having -that right of election, now, if we receive their minister without any -qualifications, it will amount to an act of election to continue the -treaties; and if the change they are undergoing should issue in a form -which should bring danger on us, we shall not be then free to renounce -them. To elect to continue them is equivalent to the making a new -treaty, at this time, in the same form, that is to say, with a clause -of guarantee; but to make a treaty with a clause of guarantee, during -a war, is a departure from neutrality, and would make us associates in -the war. To renounce or suspend the treaties, therefore, is a necessary -act of neutrality. - -If I do not subscribe to the soundness of this reasoning, I do most fully -to its ingenuity. I shall now lay down the principles which, according -to my understanding, govern the case. - -I consider the people who constitute a society or nation as the source of -all authority in that nation; as free to transact their common concerns -by any agents they think proper; to change these agents individually, or -the organization of them in form or function whenever they please; that -all the acts done by these agents under the authority of the nation, -are the acts of the nation, are obligatory to them and enure to their -use, and can in no wise be annulled or affected by any change in the -form of the government, or of the persons administering it, consequently -the treaties between the United States and France, were not treaties -between the United States and Louis Capet, but between the two nations of -America and France; and the nations remaining in existence, though both -of them have since changed their forms of government, the treaties are -not annulled by these changes. The law of nations, by which this question -is to be determined, is composed of three branches. 1. The moral law of -our nature. 2. The usages of nations. 3. Their special conventions. The -first of these only concerns this question, that is to say the moral -law to which man has been subjected by his creator, and of which his -feelings or conscience, as it is sometimes called, are the evidence with -which his creator has furnished him. The moral duties which exist between -individual and individual in a state of nature, accompany them into a -state of society, and the aggregate of the duties of all the individuals -composing the society constitutes the duties of that society towards any -other; so that between society and society the same moral duties exist -as did between the individuals composing them, while in an unassociated -state, and their maker not having released them from those duties on -their forming themselves into a nation. Compacts then, between nation -and nation, are obligatory on them by the same moral law which obliges -individuals to observe their compacts. There are circumstances, however, -which sometimes excuse the non-performance of contracts between man and -man; so are there also between nation and nation. When performance, -for instance, becomes _impossible_, non-performance is not immoral; -so if performance becomes _self-destructive_ to the party, the law of -self-preservation overrules the laws of obligation in others. For the -reality of these principles I appeal to the true fountains of evidence, -the head and heart of every rational and honest man. It is there nature -has written her moral laws, and where every man may read them for -himself. He will never read there the permission to annul his obligations -for a time, or forever, whenever they become dangerous, useless, or -disagreeable; certainly not when merely useless or disagreeable, as seems -to be said in an authority which has been quoted, (Vattel, p. 2, 197) and -though he may, under certain degrees of danger, yet the danger must be -imminent, and the degree great. Of these, it is true, that nations are -to be judges for themselves; since no one nation has a right to sit in -judgment over another, but the tribunal of our consciences remains, and -that also of the opinion of the world. These will revise the sentence -we pass in our own case, and as we respect these, we must see that in -judging ourselves we have honestly done the part of impartial and rigorous -judges. - -But reason which gives this right of self-liberation from a contract in -certain cases, has subjected it to certain just limitations. - -I. The danger which absolves us must be great, inevitable and imminent. -Is such the character of that now apprehended from our treaties with -France? What is that danger? 1st. Is it that if their government issues -in a military despotism, an alliance with them may taint us with despotic -principles? But their government when we allied ourselves to it, was -perfect despotism, civil, and military, yet the treaties were made in -that very state of things, and, therefore, that danger can furnish no -just cause. - -2d. Is it that their government may issue in a republic, and too much -strengthen our republican principles? But this is the hope of the great -mass of our constituents, and not their dread. They do not look with -longing to the happy mean of a limited monarchy. - -3d. But, says the doctrine I am combatting, the change the French are -undergoing, may possibly end in something we know not what, and may bring -on us danger we know not whence. In short, it may end in a Raw-head and -bloody bones in the dark. Very well--let Raw-head and bloody bones come. -We shall be justified in making our peace with him by renouncing our -ancient friends and his enemies; for observe, it is not the _possibility -of danger_ which absolves a party from his contract for that possibility -always exists, and in every case. It existed in the present one, at the -moment of making the contract. If _possibilities_ would void contracts, -there never could be a valid contract, for possibilities hang over -everything. Obligation is not suspended till the danger is become real, -and the moment of it so imminent, that we can no longer avoid decision -without forever losing the opportunity to do it. But can a danger which -has not yet taken its shape, which does not yet exist, and never may -exist which cannot therefore be defined--can such a danger, I ask, be -so imminent that if we fail to pronounce on it in this moment, we can -never have another opportunity of doing it? - -4. As to the danger apprehended, Is it that (the treaties remaining -valid) the clause guaranteeing their West Indian lands will engage us -in the war? But does the guarantee engage us to enter into the war on -any event? Are we to enter into it before we are called on by our allies? - -Have we been called on by them? Shall we ever be called on? - -Is it their interest to call on us? - -Can they call on us before their islands are invaded, or immediately -threatened? - -If they can save them themselves, have they a right to call on us? - -Are we obliged to go to war at once, without trying peaceable negotiations -with their enemy? - -If all these questions are against us, there are still others left behind. - -Are we in a condition to go to war? - -Can we be expected to begin before we are in condition? - -Will the islands be lost if we do not save them? - -Have we the means of saving them? - -If we cannot save them, are we bound to go to war for a desperate object? - -Many, if not most of these questions offer grounds of doubt whether the -clause of guarantee will draw us into the war. Consequently, if this -be danger apprehended, it is not yet certain enough to authorize us in -sound morality to declare, at this moment, the treaties null. - -5. Is danger apprehended from the 17th article of the treaty of commerce, -which admits French ships of war and privateers to come and go freely, -with prizes made on their enemies, while their enemies are not to have the -same privilege with prizes made on the French? But Holland and Prussia -have approved of this article in our treaty with France, by subscribing -to an express salvo of it in our treaties with them. (Dutch treaty 22, -convention 6. Prussian treaty 19.) And England, in her last treaty with -France, (Art. 40,) has entered into the same stipulation verbatim, and -placed us in her ports on the same footing in which she is in ours, in -case of a war of either of us with France. If we are engaged in such a -war, England must receive prizes made on us by the French, and exclude -those made on the French by us. Nay, further; in this very article of -her treaty with France, is a salvo of any similar article in any anterior -treaty of either party; and ours with France being anterior, this salvo -confirms it expressly. Neither of these three powers, then, have a right -to complain of this article in our treaty. - -6. Is the danger apprehended from the 22d article of our treaty of -commerce, which prohibits the enemies of France from fitting out -privateers in our posts, or selling their prizes here; but we are free -to refuse the same thing to France, there being no stipulation to the -contrary; and we ought to refuse it on principles of fair neutrality. - -7. But the reception of a minister from the republic of France, without -qualifications, it is thought, will bring us into danger; because this, -it is said, will determine the continuance of the treaty, and take -from us the right of self-liberation, when at any time hereafter our -safety would require us to use it. The reception of the minister at -all, (in favor of which Colonel Hamilton has given his opinion, though -reluctantly, as he confessed,) is an acknowledgment of the legitimacy -of their government; and if the qualifications meditated are to deny -that legitimacy, it will be a curious compound which is to admit and -to deny the same thing. But I deny that the reception of a minister has -any thing to do with the treaties. There is not a word in either of them -about sending ministers. This has been done between us under the common -usage of nations, and can have no effect either to continue or annul -the treaties. - -But how can any act of election have the effect to continue a treaty -which is acknowledged to be going on still?--for it was not pretended -the treaty was void, but only voidable if we choose to declare it so. -To make it void, would require an act of election, but to let it go on, -requires only that we should do nothing; and doing nothing can hardly -be an infraction of peace or neutrality. - -But I go further and deny that the most explicit declaration made at this -moment that we acknowledge the obligation of the treaties, could take -from us the right of non-compliance at any future time, when compliance -would involve us in great and inevitable danger. - -I conclude, then, that few of these sources threaten any danger at all; -and from none of them is it inevitable; and consequently, none of them -give us the right at this moment of releasing ourselves from our treaties. - -II. A second limitation on our right of releasing ourselves, is that we -are to do it from so much of the treaties only as is bringing great and -inevitable danger on us, and not from the residue, allowing the other -party a right at the same time, to determine whether on our non-compliance -with that part, they will declare the whole void. This right they would -have, but we should not. Vattel, 2. 202. The only part of the treaty -which can really lead us into danger, is the clause of guarantee. That -clause is all that we could suspend in any case, and the residue will -remain or not at the will of the other party. - -III. A third limitation is that when a party from necessity or danger -withholds compliance with part of a treaty, it is bound to make -compensation where the nature of the case admits and does not dispense -with it. 2 Vattel, 324. Wolf, 270. 443. If actual circumstances excuse -us from entering into the war under the clause of guarantee, it will be -a question whether they excuse us from compensation. Our weight in the -war admits of an estimate; and that estimate would form the measure of -compensation. - -If, in withholding a compliance with any part of the treaties we do it -without just cause or compensation, we give to France a cause of war, -and so become associated in it on the other side. An injured friend is -the bitterest of foes, and France has not discovered either timidity, -or over-much forbearance on the late occasions. Is this the position -we wish to take for our constituents? It is certainly not the one they -would take for themselves. - -I will proceed now to examine the principal authority which has been -relied on for establishing the right of self-liberation; because though -just in part, it would lead us far beyond justice, if taken in all the -latitude of which his expressions would admit. Questions of natural right -are triable by their conformity with the moral sense and reason of man. -Those who write treatises of natural law, can only declare what their -own moral sense and reason dictate in the several cases they state. Such -of them as happen to have feelings and a reason coincident with those -of the wise and honest part of mankind, are respected and quoted as -witnesses of what is morally right or wrong in particular cases. Grotius, -Puffendorf, Wolf, and Vattel are of this number. Where they agree their -authority is strong; but where they differ, (and they often differ,) we -must appeal to our own feelings and reason to decide between them. The -passages in question shall be traced through all these writers; that we -may see wherein they concur, and where that concurrence is wanting. It -shall be quoted from them in the order in which they wrote, that is to -say, from Grotius first, as being the earliest writer, Puffendorf next, -then Wolf, and lastly Vattel, as latest in time. - -GROTIUS 2. 16. 16. - -Hither must be referred the common question concerning personal and -real treaties. If indeed it be with a free people, there can be no doubt -but that the engagement is in its nature real, because the subject is a -permanent thing, and even though the government of the State be changed -into a kingdom, the treaty remains; because the same body remains though -the head is changed; and as it was before now, the government which is -exercised by a king does not cease to be the government of the people. -There is an exception when the object seems peculiar to the government, -as if free cities contract a league for the defence of their freedom. - -PUFFENDORF 8. 9. 6. - -It is certain that every alliance made with a republic is real in its -nature, and continues consequently to the terms agreed on by the treaty, -although the magistrates who concluded it be dead before, so that the -form of government is changed even from a democracy to a monarchy, for -in this case the people do not cease to be the same, and the king, in -the case supposed, being established by the consent of the people who -abolished the republican government, is understood to accept the crown -with all the engagements which the people confessing it had contracted -as being free and governing themselves. There must nevertheless be -an exception of the alliances contracted with a view to preserve the -present government; as if two republics league for mutual defence against -those who would undertake to invade their liberty; for if one of these -two people consent afterwards voluntarily to change the form of the -government, the alliance ends of itself, because the reason on which it -was founded no longer subsists. - -WOLF 1146. - -The alliance which is made with a free people, or with a popular -government, is a real alliance; and as when the form of government -changes, the people remain the same (for it is the association which -forms the people, and not the manner of administering the government). -This alliance subsists, though the form of government changes, _unless_, -as is evident, the reason of the alliance was particular to the popular -state. - -VATTEL 2. 197. - -The same question presents itself in real alliances, and in general on -every alliance made with a State, and not in particular with a king for -the defence of his person. We ought, without doubt, to defend our ally -against all invasion, against all foreign violence, and even against -rebel subjects. We ought, in like manner, to defend a republic against -the enterprises of an oppressor of the public liberty. But we ought to -recollect that we are the ally of the state or of the nation, and not -its judge. If the nation has deposed its king in form; if the people of a -republic have driven away its magistrates, and have established themselves -free, or if they have acknowledged the authority of an usurper, whether -expressly or tacitly, to oppose these domestic arrangements--to contest -their justice or validity--would be to meddle with the government of the -nation, and to do it an injury. The ally remains the ally of the state, -notwithstanding the change which has taken place; _but if this change -renders the alliance useless, dangerous, or disagreeable to it, it is -free to renounce it; for it may say with truth, that it would not have -allied itself with this nation, if it had been under the present form -of its government_. - -The doctrine then of Grotius, Puffendorf, and Wolf is, that "treaties -remain obligatory, notwithstanding any change in the form of government, -except in the single case, where the preservation of that form was the -object of the treaty;" there the treaty extinguishes, not by the election -or declaration of the party remaining in _statu quo_, but independently -of that, by the evanishment of the object. Vattel lays down in fact the -same doctrine, that treaties continue obligatory, notwithstanding a change -of government by the will of the other party;--that to oppose that will -would be a wrong; and that the ally remains an ally, notwithstanding the -change. So far he concurs with all the previous writers:--but he then -adds what they had not said nor could say; but if this change renders -the alliance _useless_, _dangerous_ or _disagreeable_ to it, it is free to -renounce it. It was unnecessary for him to have specified the exception -of _danger_ in this particular case, because the exception exists in all -cases, and its extent has been considered; but when he adds that, because -a contract is become merely _useless_ or _disagreeable_ we are free to -renounce it,--he is in opposition to Grotius, Puffendorf, and Wolf, who -admit no such license against the obligation of treaties, and he is in -opposition to the morality of every honest man to whom we may safely -appeal to decide whether he feels himself free to renounce a contract -the moment it becomes _merely useless_ or _disagreeable_ to him. We may -appeal to Vattel himself in those parts of his book where he cannot be -misunderstood, and to his known character, as one of the most zealous -and constant advocates for the preservation of good faith in all our -dealings. Let us hear him on other occasions; and first where he shows -what degree of danger or injury will authorize self-liberation from a -treaty: "If simple lesion," (lesion--the loss sustained by selling a -thing for less than half value, which degree of loss renders the sale -void by the Roman law,) "if simple lesion," says he, "or some degree of -disadvantage in a treaty does not suffice to render it invalid, it is -not so as to inconvenience which would go to the _ruin_ of the nation. -As every treaty ought to be made by sufficient power, a treaty pernicious -to the State is null, and not at all obligatory. No governor of a nation -having power to engage things capable of _destroying_ the State, for -the safety of which the empire entrusts to him, the nation itself, bound -necessarily to whatever its preservation and safety require, cannot enter -into engagements contrary to its indispensable obligations." Here then -we find that the degree of injury or danger which he deems sufficient to -liberate us from a treaty, is that which would go to the absolute ruin or -destruction of the State;--not simply the lesion of the Roman law, not -merely the being disadvantageous or dangerous; for as he himself says, -Section 158, "lesion cannot render a treaty invalid. It is his duty who -enters into engagements, to weigh well all things before he concludes. He -may do with his property what he pleases. He may relinquish his rights -or renounce his advantages, as he judges proper. The acceptant is not -obliged to inform himself of his motives nor to weigh then just value. -If we could free ourselves from a compact because we find ourselves -injured by it, there would be nothing firm in the contracts of nations. -Civil laws may set limits to lesion, and determine the degree capable -of producing a nullity of the contract; but sovereigns acknowledge no -judge. How establish lesion among them? Who will determine the degree -sufficient to invalidate a treaty? The happiness and peace of nations -require manifestly that their treaties should not depend on a means of -nullity so vague and so dangerous." - -Let us hear him again on the general subject of the observation of -treaties, Section 163: "It is demonstrated in natural law that he who -promises another, confers on him a perfect right to require the thing -promised, and that consequently, not to observe a perfect promise is to -violate the right of another; it is as manifest injustice as to plunder -any one of their right. All the tranquillity, the happiness and security -of mankind, rest on justice or the obligation to respect the rights of -others. The respect of others for our right of domain and property is -the security of our actual possessions. The faith of promises is the -security for the things which cannot be delivered or executed on the spot. -No more security, no more commerce among men, if they think themselves -not bound to preserve faith, to keep their word. This obligation, then, -is as necessary as it is natural and indubitable among nations who live -together in a state of nature, and who acknowledge no superior on earth. -To maintain order and peace in their society, nations and their governors -then ought to observe inviolably their promises and their treaties. This -is a great truth, although too often neglected in practice, is generally -acknowledged by all nations, the reproach of perfidy is a bitter affront -among sovereigns. Now he who does not observe a treaty is assuredly -perfidious, since he violates his faith. On the contrary, nothing is -so glorious to a prince and his nation as the reputation of inviolable -fidelity to his word." Again, Section 219, "Who will doubt that treaties -are of the things sacred among nations? They decide matters the most -important; they impose rules on the pretensions of sovereigns, they -cause the rights of nations to be acknowledged; they assume their most -precious interests. Among political bodies, sovereigns, who acknowledge -no superior on earth, treaties are the only means of adjusting their -different pretensions; of establishing a rule, to know on what to -count, on what to depend. But treaties are but vain words, if nations -do not consider them as respectable engagements, as rules inviolable for -sovereigns, and sacred through the whole earth." Section 220: "The faith -of treaties, that firm and sincere will, that invincible constancy in -fulfilling engagements, of which a declaration is made in a treaty, is -then holy and sacred among nations, whose safety and repose it ensures; -and if nations will not be wanting to themselves, they will load with -infamy whoever violates his faith." - -After evidence so copious and explicit of the respect of this author -for the sanctity of treaties, we should hardly have expected that his -authority would have been resorted to for a wanton invalidation of them -whenever they should become merely _useless or disagreeable_. We should -hardly have expected that, rejecting all the rest of his book, this -scrap would have been culled and made the hook whereon to hang such a -chain of immoral consequences. Had the passage accidentally met our eye, -we should have imagined it had fallen from the author's pen under some -momentary view, not sufficiently developed to found a conjecture what -he meant, and we may certainly affirm that a fragment like this cannot -weigh against the authority of all other writers; against the uniform -and systematic doctrine of the very work from which it is torn; against -the moral feelings and the reason of all honest men. If the terms of the -fragment are not misunderstood, they are in full contradiction to all the -written and unwritten evidences of morality. If they are misunderstood, -they are no longer a foundation for the doctrines which have been built -on them. - -But even had this doctrine been as true as it is manifestly false, it -would have been asked, to whom is it that the treaties with France have -become _disagreeable_? How will it be proved that they are _useless_? - -The conclusion of the sentence suggests a reflection too strong to be -suppressed, "for the party may say with truth that it would not have -allied itself with this nation if it had been under the present form of -its government." The republic of the United States allied itself with -France when under a despotic government. She changes her government, and -declares it shall be a republic; prepares a form of republic extremely -free, and in the meantime is governing herself as such. And it is proposed -that America shall declare the treaties void, because it may say with -truth that it would not have allied itself with that nation if it had -been under the present form of its government. Who is the American who -can say with truth that he would not have allied himself to France if -she had been a republic? Or that a republic of any form would be as -_disagreeable_ as her ancient despotism? - -Upon the whole I conclude, that the treaties are still binding, -notwithstanding the change of government in France; that no part of them -but the clause of guarantee holds up _danger_, even at a distance, and -consequently that a liberation from no other part would be prepared in -any case; that if that clause may ever bring _danger_, it is neither -extreme nor imminent, nor even probable that the authority for renouncing -a treaty, when _useless or disagreeable_, is either misunderstood or in -opposition to itself, to all other writers, and to every moral feeling; -that were it not so, these treaties are in fact neither useless or -disagreeable; that the receiving a minister from France at this time is -an act of no significance with respect to the treaties, amounting neither -to an admission nor denial of them, forasmuch as he comes not under any -stipulation in them; that were it an explicit admission, or were it an -express declaration of their obligation now to be made, it would not take -from us that right which exists at all times, of liberating ourselves -when an adherence to the treaties would be _ruinous_ or _destructive_ to -the society; and that the not renouncing the treaties now is so far from -being a breach of neutrality, that the doing it would be the breach, by -giving just cause of war to France. - - -XXXVI.--_Opinion relative to granting of passports to American vessels._ - - May 3, 1793. - -It has been stated in our treaties with the French, Dutch and Prussians, -that when it happens that either party is at war, and the other neutral, -the neutral shall give passports of a certain tenor to the _vessels -belonging to their subjects_, in order to avoid dissension; and it -has been thought that passports of such high import to the persons and -property of our citizens should have the highest sanction; that of the -signature of the President, and seal of the United States. The authority -of Congress also, in the case of sea letters to East India vessels, was -in favor of this sanction. It is now become a question whether these -passports shall be given only to ships _owned and built_ in the United -States, or may be given also to those _owned_ in the United States, -though _built_ in foreign countries. - -The persons and property of our citizens are entitled to the protection -of our government in all places where they may lawfully go. No laws -forbid a merchant to buy, own, and use a _foreign-built_ vessel. She is, -then, his lawful property, and entitled to the protection of his nation -whenever he is lawfully using her. - -The laws indeed, for the encouragement of ship building, have given to -home-built vessels the exclusive privilege of being registered and paying -lighter duties. To this privilege, therefore, the foreign-built vessel, -though owned at home, does not pretend. But the laws have not said that -they withdraw their protection from the foreign-built vessel. To this -protection, then, she retains her title, notwithstanding the preference -given to the home-built vessel as to duties. It would be hard indeed -because the law has given one valuable right to home-built vessels, to -infer that it had taken away all rights from those foreign-built. - -In conformity with the idea that all the vessels of a State are entitled -to its protection, the treaties before mentioned have settled that -passports shall be given, not merely to the vessels _built_ in the United -States, but to the vessels belonging to them; and when one of these -nations shall take a vessel, if she has not such a passport, they are -to conclude she does not _belong_ to the United States, and is therefore -lawful prize; so that to refuse these passports to foreign-built vessels -_belonging_ to our merchants, is to give them up to capture with their -cargoes. The most important interests of the United States hang upon this -question. The produce of the earth is their principle source of wealth. -Our _home-built_ vessels would suffice for the transportation of a very -small part of this produce to market, and even a part of these vessels -will be withdrawn by high premiums to other lines of business. All the -rest of our produce, then, must remain on our hands, or have its price -reduced by a war insurance. Many descriptions of our produce will not -bear this reduction, and would, therefore, remain on hand. - -We shall lose also a great proportion of the profits of navigation. The -great harvest for these is when other nations are at war, and our flag -neutral. But if we can augment our stock of shipping only by the slow -process of building, the harvest will be over while we are only preparing -instruments to reap it. The moment of breeding seamen will be lost for -want of bottoms to embark them in. - -France and Holland permit our vessels to be neutralized with them; not -even to suffer theirs to be purchased here might give them just cause to -revoke the privilege of naturalization given to ours, and would inflict -on the ship-building States and artizans a severe injury. - -_Objection._ To protect foreign-built vessels will lessen the demand -for ship building here. - -_Answer._ Not at all; because as long as we can build cheaper than other -nations, we shall be employed in preference to others; besides, shall -we permit the greatest part of the produce of our fields to rot on our -hands, or lose half its value by subjecting it to high insurance, merely -that our ship builders may have brisker employ? Shall the whole mass of -our farmers be sacrificed to the class of ship wrights? - -_Objection._ There will be collusive transfers of foreign ships to our -merchants, merely to obtain for them the cover of our passports. - -_Answer._ The same objection lies to giving passports to home-built -vessels. They may be owned, and are owned by foreigners, and may be -collusively re-transferred to our merchants to obtain our passports. -To lessen the danger of collusion, however, I should be for delivering -passports in our own ports only, if they were to be sent blank to foreign -ports to be delivered there, the power of checking collusion would be -small, and they might be employed to cover purposes of no benefit to -us (which we ought not to countenance), and to throw our vessels out -of business; but if issued only to vessels in our own ports, we can -generally be certain that the vessel is our property; and always that -the _cargo_ is of our produce. State the case that it shall be found -that all our shipping, home-built and foreign-built, is inadequate to -the transportation of our produce to market; so that after all these -are loaded, there shall yet remain produce on hand. This must be put -into vessels owned by foreigners. Should these obtain collusively the -protection of our passport, it will cover their _vessel_ indeed, but -it will cover also our _cargo_. I repeat it then, that if the issuing -passports be confined to our ports, it will be our own _vessels_ for -the most part, and always our _cargoes_ which will be covered by them. - -I am, therefore, of opinion, that passports ought to be issued to all -vessels _belonging_ to citizens of the United States, but only on their -clearing out from our own ports, and for that voyage only. - - -XXXVII.--_Opinion relative to case of a British vessel captured by a -French vessel, purchased by French citizens, and fitted out as a Privateer -in one of our ports._ - - May 16, 1793. - -The facts suggested, or to be taken for granted, because the contrary -is not known, in the case now to be considered, are, that a vessel was -purchased at Charleston, and fitted out as a privateer by French citizens, -manned with foreigners chiefly, but partly with citizens of the United -States. The command given to a French citizen by a regular commission -from his government; that she has made prize of an English vessel in the -open sea, and sent her into Philadelphia. The British minister demands -restitution, and the question is, whether the Executive of the United -States shall undertake to make it? - -This transaction may be considered, 1st, as an offence against the United -States; 2d, as an injury to Great Britain. - -In the first view it is not now to be taken up. The opinion being, that it -has been an act of disrespect to the jurisdiction of the United States, -of which proper notice is to be taken at a proper time. - -Under the second point of view, it appears to me wrong on the part of the -United States (where not constrained by treaties) to permit one party in -the present war to do what cannot be permitted to the other. We cannot -permit the enemies of France to fit out privateers in our ports, by the -22d article of our treaty. We ought not, therefore, to permit France -to do it; the treaty leaving us free to refuse, and the refusal being -necessary to preserve a fair neutrality. Yet considering that the present -is the first case which has arisen; that it has been in the first moment -of the war, in one of the most distant ports of the United States, and -before measures could be taken by the government to meet all the cases -which may flow from the infant state of our government, and novelty of -our position, it ought to be placed by Great Britain among the accidents -of loss to which a nation is exposed in a state of war, and by no means -as a premeditated wrong on the part of the government. In the last -light it cannot be taken, because the act from which it results placed -the United States with the offended, and not the offending party. Her -minister has seen himself that there could have been on our part neither -permission or connivance. A very moderate apology then from the United -States ought to satisfy Great Britain. - -The one we have made already is ample, to wit, a pointed disapprobation -of the transaction, a promise to prosecute and punish according to law -such of our citizens as have been concerned in it, and to take effectual -measures against a repetition. To demand more would be a wrong in Great -Britain; for to demand satisfaction _beyond_ what is adequate, is wrong. -But it is proposed further to take the prize from the captors and restore -her to the English. This is a very serious proposition. - -The dilemma proposed in our conferences, appears to me unanswerable. -Either the commission to the commander of the privateer was good, or not -good. If not good, then the tribunals of the country will take cognizance -of the transaction, receive the demand of the former owner, and make -restitution of the capture; and there being, on this supposition, regular -remedy at law, it would be irregular for the government to interpose. If -the commission be good, then the capture having been made on the high -seas, under a valid commission from a power at war with Great Britain, -the British owner has lost all his right, and the prize would be deemed -good, even in his own courts, were the question to be brought before his -own courts. He has now no more claim on the vessel than any stranger -would have who never owned her, his whole right being transferred by -the laws of war to the captor. - -The legal right then being in the captors, on what ground can we take -it from him? Not on that of _right_, for the right has been transferred -to him. It can only be by an act of _force_, that is to say, of reprisal -for the offence committed against us in the port of Charleston. But the -making reprisal on a nation is a very serious thing. Remonstrance and -refusal of satisfaction ought to precede; and when reprisal follows, it -is considered as an act of war, and never yet failed to produce it in the -case of a nation able to make war; besides, if the case were important -enough to require reprisal, and ripe for that step, Congress must be -called on to take it; the right of reprisal being expressly lodged with -them by the Constitution, and not with the Executive. - -I therefore think that the satisfaction already made to the _government_ -of Great Britain is quite equal to what ought to be desired in the -present case; that the property of the British _owner_ is transferred by -the laws of war to the _captor_; that for us to take it from the captor -would be an act of force or reprisal, which the circumstances of the -case do not justify, and to which the powers of the Executive are not -competent by the Constitution. - - -XXXVIII.-_Opinion on the proposition of the Secretary of the Treasury -to open a new Loan._ - - June 5, 1793. - -Instructions having been given to borrow two millions of florins in -Holland, and the Secretary of the Treasury proposing to open a further -loan of three millions of florins, which he says "a comprehensive view -of the affairs of the United States, in various relations, appears to -him to recommend," the President is pleased to ask whether I see any -objections to the proposition? - -The power to borrow money is confided to the President by the two acts -of the 4th and 12th of August, 1790, and the monies, when borrowed, are -appropriated to two purposes only: to wit, the twelve millions to be -borrowed under the former, are appropriated to discharge the arrears -of interest and instalments of the foreign debt; and the two millions, -under the latter, to the purchase of the public debt, under direction -of the trustees of the sinking fund. - -These appropriations render very simple the duties of the President in -the discharge of this trust. He has only to look to the _payment_ of the -foreign debt, and the purchase of the general one. And in order to judge -for himself of the necessity of the loan proposed for effecting these -two purposes, he will need from the treasury the following statements:-- - -A. A statement of the nett amount of the loans already made under these -acts, adding to that the two millions of florins now in course of being -borrowed. This will form the _debit_ of the trust. - -The _credit_ side of the account will consist of the following statements, -to wit:-- - -B. Amount of the principal and interest of foreign debt, paid and payable, -to the close of 1792. - -C. Ditto, payable to the close of 1793. - -D. Ditto, payable to the close of 1794 (for I think our preparations -should be a year beforehand). - -E. Amount of monies necessary for the sinking fund to the end of 1794. - -If the amount of the four last articles exceeds the first, it will prove -a further loan necessary, and to what extent. - -The treasury alone can furnish these statements with perfect accuracy. -But to show that there is probable cause to go into the examination, I -will hazard a statement from materials which, though perhaps not perfectly -exact, are not much otherwise. - - -_Report of January 3, 1793. New Edition._ - - Dr. - - The trust for loans. - - A. To nett amount of loans to June 1, 1792, as stated - in the treasury report, to wit, 18,678,000 florins, - at 99 florins to $40, the treasury exchange $7,545,912 - To loan now going on for 2,000,000 florins 808,080 - ---------- - $8,353,992 - - Cr. - Florins. - B. By charges on remittances to France 10,073 1 - By reimbursement to Spain 680,000 - By interest paid to foreign officers 105,000 - ---------- - 795,093 1 = $321,239 46 - By principal paid to foreign officers 191,316 90 - By amount of French debt, principal and Livres. - interest, payable to end of 1791 26,000,000 - By ditto, for 1792 3,450,000 - ---------- - 29,450,000 = 5,345,171 - C. By ditto, for 1793 3,410,000 = 618,915 - D. By ditto, for 1794 3,250,000 = 569,876 - E. By necessary for sinking fund at $50,000 a - month, from July 1, 1793, to Dec. 31, 1794 900,000 - Balance which will remain in hands of the - trust, at end of 1794 387,474 64 - ------------- - $8,353,992 60 - -So that instead of an additional loan being necessary, the monies -already borrowed will suffice for all the purposes to which they can be -legally applied to the end of 1794, and leave a surplus of $387 474 64 -to cover charges and errors. And as, on account of the unsettled state -of the French government, it is not proposed to pay in advance, or but -little so, any further sum would be lying at a dead interest and risk. -Perhaps it might be said that new monies must be borrowed for the current -domestic service of the year. To this I should answer, that no law has -authorized the opening of a loan for this purpose. - -If it should be said that the monies heretofore borrowed are so far put -out of our power that we cannot command them before an instalment will -be due, I should answer, that certainly I would rather borrow than fail -in a payment; but if borrowing will secure a payment in time, the two -millions of florins now borrowing are sufficient to secure it. If we -cannot get this sum in time, then we cannot get an additional sum in time. - -The above account might be stated in another way, which might, perhaps, -be more satisfactory, to wit: - - Dr. - - The trust for loans. - - To nett amount of loans to June 1, 1792. 18,678,000 florins, - at 99 florins to $40 $7,545,912 - - Cr. - - Florins - By charges on remittances to France 10,073 1 - By reimbursement to Spain 680,000 - By interest paid to foreign officers 105,000 - --------- - 795,073 1 = $321,239 46 - By principal paid to foreign officers 191,316 90 - By payments to France 10,073,043 8 = 4,069,918 54 - Livres. - By ditto to St. Domingo 4,000,000 = 726,000 - By ditto to do. 3,000,000 = 544,500 - By do. to Mr. Ternant [I state this by - memory] 24,000 = 4,356 - Balance in hand to be carried to new debit 1,688,581 10 - ------------- - $7,545,912 00 - - Dr. - - The trust for loans. - - To balance as per contra $1,688,581 10 - To two millions of florins, new loan, when effected 808,080 - ------------- - $2,496,661 10 - - Cr. - - By the following payments when made, to wit: - Balance due to France, to close of year 1792 - Livres. - ($5,345,171-$5,344,774 54) $396 46 - Instalments and interest to close of year - 1793 3,410,000 == 618,915 - do. do - 1794 3,250,000 == 589,875 - Necessary for sinking fund from July 1, 1793, - to December 31, 1794 900,000 - Balance will then be in hand to be carried to - new debit 387,474 64 - ------------- - $2,496,661 10 - -By this statement, it would seem as if all the payments to France, -hitherto made and ordered, would not acquit the year 1792. So that we -have never yet been clear of arrears to her. - -The amount of the French debt is stated according to the convention, and -the interest is calculated accordingly. Interest on the ten million loan -is known to have been paid for the years 1784, 1785, and is therefore -deducted. It is not known whether it was paid on the same loan for the -years 1786-7-8-9, previous to the payment of December 3, 1790, or whether -it was included in that payment; therefore this is not deducted. But -if, in fact, it was paid before that day, it will then have lessened -the debt so much, to wit, 400,000 livres a year, for four years, making -1,600,000 florins, equal to $290,400, which sum would put us in advance -near half of the instalments of 1793. Note,--livres are estimated at -18/100 cents, proposed by the Secretary of the Treasury to the French -ministry as the par of the metals, to be the rate of conversion. - -This uncertainty with respect to the true state of our account with -France, and the difference of the result from what has been understood, -shows that the gentlemen who are to give opinions on this subject, must -do it in the dark, and suggests to the President the propriety of having -an exact statement of the account with France communicated to them, -as the ground on which they are to give opinions. It will probably be -material in that about to be given on the late application of Mr. Genet, -on which the Secretary of the Treasury is preparing a report. - - -XXXIX.--_Opinion relative to the policy of a new loan._ - - June 17, 1793 - -I cannot see my way clear in the case which the President has been -pleased to ask my opinion, but by recurring to these leading questions: - -Of the $7,898,999 88 borrowed, or rather of the $7,545,912, nett proceeds -thereof, how much has been applied to the _payment_ of the _foreign_, -and _purchase_ of the _general_ debt? - -To the balance thereof, which should be on hand, and the two millions -of florins now borrowing, is any and what addition necessary, _for the -same objects_, for the years 1793, 1794? - -The statement furnished by the Secretary of the Treasury does not answer -these questions. It only shows what has been done with somewhat less -than three millions out of near eight millions of dollars which have been -borrowed, and in so doing it takes credit for two sums which are not to -come out of this sum, and therefore not to be left in the account. They -are the following: - -1. A sum of $284,901 89 expended in purchases of the public debt. In the -general report of the trustees of the sinking fund, made to Congress -the 23d of February last, and printed, it appears, page 29, that the -whole amount of monies laid out by them was $1,302,407 64, from which -were to be deducted, as is mentioned in the note there subjoined, the -purchases made out of the interest fund (then about $50,000 as well as I -recollect). Call the sum paid then $1,252,407 64. By the Treasury report, -p. 38, (new edition,) it appears that the surplus of domestic revenue to -the end of 1790, appropriated to this object, was $1,374,656 40, and p. -34, that the monies drawn from Europe on account of the foreign loans, -were not the instrument of these purchases; and in some part, to which -I am not able just now to turn, I recollect pretty certainly that it is -said these purchases were actually carried to account, as was proper, -against the domestic surplus, consequently they are not to be allowed -in the foreign account also. Or if allowed in this, the sum will then be -due from the surplus account, and so must lessen the sum to be borrowed -for the sinking fund, which amounts to the same. - -2. The 1st instalment due to the bank $200,000. Though the first payment -of the subscription of the United States to the bank might have been made, -in the first instant, out of the foreign monies to be immediately repaid -to them by the money borrowed of the bank, yet this useless formality -was avoided, and it was a mere operation of the pen on paper, without -the displacement of a single dollar. See reports p. 12. And, in any -event, the final reimbursement was never to be made out of the foreign -fund, which was appropriated solely to the _payment_ of the _foreign_, -and _purchase_ of the _general_ debt. - -These two sums, therefore, of $284,901 89 and $200,000 are to be added -to the balance of $575,484 28 subject to future disposition, and will -make $1,050,386 17 actually here, and still to be applied to the proper -appropriation. - -However, this account, as before observed, being only of a part of the -monies borrowed, no judgment can be formed from it of the expediency of -borrowing more; nor should I have stopped to make a criticism on it, but -to show why no such sums as the two above mentioned, were inserted in -the general account sketched for the President, June 5. I must add that -the miscellaneous sum of $49,400 in this account, is probably covered -by some other articles of that as far as it is chargeable on this fund; -because that account, under one form or another, takes up all the articles -chargeable on this fund which had appeared in the printed reports. - -I must, therefore, proceed to renew my statement of June 5, inserting -therein the 1st instalment of the Dutch loan of $404,040 40 payable this -month, which not having been mentioned in any of the reports heretofore -published, was not inserted in my statement. I will add a like sum for -the year 1794, because I think we should now prepare for the whole of -that year. - -As the Secretary of the Treasury does not seem to contemplate the -furnishing any fixed sum for the sinking fund, I shall leave that article -out of the account. The President can easily add to its result any sum -he may decide to have furnished to that fund. The account, so corrected, -will stand thus: - - Dr. - - The trust for loans. - To nett amount of loans to June 1, 1792 $7,545,912 - To loan now going on for 2,000,000 florins 808,080 - ---------- - $8,353,992 - - Cr. - - Florins. - By charges on remittances to France 10,073 1 - By reimbursement to Spain 680,000 - By interest paid to foreign officers 105,000 - ------- - 795,073 1==$321,239 46 - By principal paid to foreign officers 191,316 90 - By amount of French debt, principal and interest Livres. - payable to end of 1791 26,000,000 - By ditto for 1792 3,450,000 - ---------- - 29,450,000 ==5,345,171 - By ditto for 1793 3,410,000 == 618,915 - By 1st instalment of Dutch debt due June 1793 404,040 40 - By instalments and interest to France for - 1794 3,250,000 == 569,875 - By instalment to Holland for 1794 404,040 40 - Balance will then remain in hands of the trust, 499,393 84 - ------------ - $8,353,992 00 - -So that it appears there would be a balance in the hands of this trust, -at the close of 1794, of $499,393 84, were no monies to be furnished in -the meantime to the sinking fund; but should the President determine to -furnish that with the $900,000 proposed in my statement of June 5, then -a loan would be necessary for about $400,000, say in near round numbers, -1,000,000 of guilders, in addition to the 2,000,000 now borrowing. I am, -_individually_, of opinion that that sum ought to be furnished to the -sinking fund, and consequently that an additional loan, to this extent, -should be made, considering the subject in a _legal point of view_ only. - -The reasons in favor of the extension are, - -The apprehension of the extension of our war to other Indian nations, -and perhaps to Europe itself. - -The disability this might produce to borrow at all, [this is, in my -judgment, a weighty consideration.] - -The possibility that the government of France may become so settled -as that we may hazard the anticipation of payment, and so avoid dead -interest. - -The reasons against it are, - -The possibility that France may continue, for some time yet, so unsettled -as to render an anticipation of payments hazardous. - -The risk of losing the capital borrowed by a successful invasion of the -country of deposit, if it be left in Europe; or by an extension of the -bankruptcies now shaking the most solid houses; and when and where they -will end we know not. - -The loss of interest on the dead sum, if the sum itself be safe. - -The execution of a power for one object, which was given to be executed -but for a very different one. - -The commitment of the President, on this account, to events, or to the -criticisms of those who, though the measures should be perfectly wise, -may misjudge it through error or passion. - -The apprehension that the head of the department means to provide idle -money to be lodged in the banks ready for the corruption of the next -legislature, as it is believed the late ones were corrupted, by gratifying -particular members with vast discounts for objects of speculation. - -I confess that the last reasons have most weight with me. - - -XL.--_Report on the privileges and restrictions on the commerce of the -United States in foreign countries._ - - December 16, 1793. - -SIR,--According to the pleasure of the House of Representatives, expressed -in their resolution of February 23, 1791, I now lay before them a report -on the privileges and restrictions on the commerce of the United States -in foreign countries. In order to keep the subject within those bounds -which I supposed to be under the contemplation of the House, I have -restrained my statements to those countries only with which we carry on -a commerce of some importance, and to those articles also of our produce -which are of sensible weight in the scale of our exports; and even these -articles are sometimes grouped together, according to the degree of -favor or restriction with which they are received in each country, and -that degree expressed in general terms without detailing the exact duty -levied on each article. To have gone fully into these minutiæ, would have -been to copy the tariffs and books of rates of the different countries, -and to have hidden, under a mass of details, those general and important -truths, the extraction of which, in a simple form, I conceived would best -answer the inquiries of the House, by condensing material information -within those limits of time and attention, which this portion of their -duties may justly claim. The plan, indeed, of minute details which have -been impracticable with some countries, for want of information. - -Since preparing this report, which was put into its present form in -time to have been given in to the last session of Congress, alterations -of the conditions of our commerce with some foreign nations have taken -place--some of them independent of war; some arising out of it. - -France has proposed to enter into a new treaty of commerce with us, -on liberal principles; and has, in the meantime, relaxed some of the -restraints mentioned in the report. Spain has, by an ordinance of June -last, established New Orleans, Pensacola, and St. Augustine into free -ports, for the vessels of friendly nations _having treaties of commerce_ -with her, provided they touch for a permit at Corcubion in Gallicia, -or at Alicant; and our rice is, by the same ordinance, excluded from -that country. The circumstances of war have necessarily given us freer -access to the West Indian islands, whilst they have also drawn on our -navigation vexations and depredations of the most serious nature. - -To have endeavored to describe all these, would have been as impracticable -as useless, since the scenes would have been shifting while under -description. I therefore think it best to leave the report as it was -formed, being adapted to a particular point of time, when things were -in their settled order, that is to say, to the summer of 1792. I have -the honor to be, &c. - -_To the Speaker of the House of Representatives of the United States of -America._ - -The Secretary of State, to whom was referred, by the House of -Representatives, the report of a committee on the written message of -the President of the United States, of the 14th of February, 1791, with -instruction to report to Congress the nature and extent of the privileges -and restrictions of the commercial intercourse of the United States with -foreign nations, and the measures which he should think proper to be -adopted for the improvement of the commerce and navigation of the same, -has had the same under consideration, and thereupon makes the following -Report: - -The countries with which the United States have their chief commercial -intercourse are Spain, Portugal, France, Great Britain, the United -Netherlands, Denmark, and Sweden, and their American possessions; and -the articles of export, which constitute the basis of that commerce, -with their respective amounts, are, - - Bread-stuff, that is to say, bread grains, meals, - and bread, to the annual amount of $7,649,887 - Tobacco 4,349,567 - Rice 1,753,796 - Wood 1,263,534 - Salted fish 941,696 - Pot and pearl ash 839,093 - Salted meats 599,130 - Indigo 537,379 - Horses and mules 339,753 - Whale oil 252,591 - Flax seed 236,072 - Tar, pitch and turpentine 217,177 - Live provisions 137,743 - Ships - Foreign goods 620,274 - -To descend to articles of smaller value than these, would lead into a -minuteness of detail neither necessary nor useful to the present object. - -The proportions of our exports, which go to the nations before mentioned, -and to their dominions, respectively, are as follows: - - To Spain and its dominions $2,005,907 - Portugal and its dominions 1,283,462 - France and its dominions 4,698,735 - Great Britain and its dominions 9,363,416 - The United Netherlands and their dominions 1,963,880 - Denmark and its dominions 224,415 - Sweden and its dominions 47,240 - -Our imports from the same countries, are, - - Spain and its dominions 335,110 - Portugal and its dominions 595,763 - France and its dominions 2,068,348 - Great Britain and its dominions 15,285,428 - United Netherlands and their dominions 1,172,692 - Denmark and its dominions 351,364 - Sweden and its dominions 14,325 - -These imports consist mostly of articles on which industry has been -exhausted. - -Our _navigation_, depending on the same commerce, will appear by the -following statement of the tonnage of our own vessels, entering in our -ports, from those several nations and their possessions, in one year; -that is to say; from October, 1789, to September, 1790, inclusive, as -follows: - - Tons. - Spain 19,695 - Portugal 23,576 - France 116,410 - Great Britain 43,580 - United Netherlands 58,858 - Denmark 14,655 - Sweden 750 - -Of our commercial objects, Spain receives favorably our bread-stuff, -salted fish, wood, ships, tar, pitch, and turpentine. On our meals, -however, as well as on those of other foreign countries, when re-exported -to their colonies, they have lately imposed duties of from half-a-dollar -to two dollars the barrel, the duties being so proportioned to the -current price of their own flour, as that both together are to make the -constant sum of nine dollars per barrel. - -They do not discourage our rice, pot and pearl ash, salted provisions, or -whale oil; but these articles, being in small demand at their markets, are -carried thither but in a small degree. Their demand for rice, however, is -increasing. Neither tobacco nor indigo are received there. Our commerce -is permitted with their Canary islands under the same conditions. - -Themselves, and their colonies, are the actual consumers of what they -receive from us. - -Our navigation is free with the kingdom of Spain; foreign goods being -received there in our ships on the same conditions as if carried in -their own, or in the vessels of the country of which such goods are the -manufacture or produce. - -_Portugal_ receives favorably our grain and bread, salted fish, and -other salted provisions, wood, tar, pitch, and turpentine. - -For flax-seed, pot and pearl ash, though not discouraged, there is little -demand. - -Our ships pay 20 per cent. on being sold to their subjects, and are then -free-bottoms. - -Foreign goods (except those of the East Indies) are received on the -same footing in our vessels as in their own, or any others; that is to -say, on general duties of from 20 to 28 per cent., and, consequently, -our navigation is unobstructed by them. Tobacco, rice, and meals, are -prohibited. - -Themselves and their colonies consume what they receive from us. - -These regulations extend to the Azores, Madeira, and the Cape de Verd -islands, except that in these, meals and rice are received freely. - -_France_ receives favorably our bread-stuffs, rice, wood, pot and pearl -ashes. - -A duty of 5 sous the quintal, or nearly 4½ cents, is paid on our tar, -pitch, and turpentine. Our whale oils pay 6 livres the quintal, and -are the only foreign whale oils admitted. Our indigo pays 5 livres the -quintal, their own 2½; but a difference of quality, still more than a -difference of duty, prevents its seeking that market. - -Salted beef is received freely for re-exportation; but if for home -consumption, it pays five livres the quintal. Other salted provisions -pay that duty in all cases, and salted fish is made lately to pay the -prohibitory one of twenty livres the quintal. - -Our ships are free to carry thither all foreign goods which may be -carried in their own or any other vessels, except tobaccoes not of our -own growth; and they participate with theirs, the exclusive carriage of -our whale oils and tobaccoes. - -During their former government, our tobacco was under a monopoly, but paid -no duties; and our ships were freely sold in their ports, and converted -into national bottoms. The first national assembly took from our ships -this privilege. They emancipated tobacco from its monopoly, but subjected -it to duties of eighteen livres, fifteen sous the quintal, carried in -their own vessels, and five livres carried in ours--a difference more -than equal to the freight of the article. - -They and their colonies consume what they receive from us. - -_Great Britain_ receives our pot and pearl ashes free, whilst those of -other nations pay a duty of two shillings and three pence the quintal. -There is an equal distinction in favor of our bar iron; of which article, -however, we do not produce enough for our own use. Woods are free from -us, whilst they pay some small duty from other countries. Indigo and flax -seed are free from all countries. Our tar and pitch pay eleven pence, -sterling, the barrel. From other alien countries they pay about a penny -and a third more. - -Our tobacco, for their own consumption, pays one shilling and three -pence, sterling, the pound, custom and excise, besides heavy expenses -of collection; and rice, in the same case, pays seven shillings and -fourpence, sterling, the hundred weight; which, rendering it too dear, as -an article of common food, it is consequently used in very small quantity. - -Our salted fish and other salted provisions, except bacon, are prohibited. -Bacon and whale oils are under prohibitory duties; so are our grains, -meals, and bread, as to internal consumption, unless in times of such -scarcity as may raise the price of wheat to fifty shillings, sterling, -the quarter, and other grains and meals in proportion. - -Our ships, though purchased and navigated by their own subjects, are -not permitted to be used, even in their trade with us. - -While the vessels of other nations are secured by standing laws, which -cannot be altered but by the concurrent will of the three branches of -the British legislature, in carrying thither any produce or manufacture -of the country to which they belong, which may be lawfully carried -in any vessels, ours, with the same prohibition of what is foreign, -are further prohibited by a standing law, (12 Car. 2, 18, sect. 3,) -from carrying thither all and any of our own domestic productions and -manufactures. A subsequent act, indeed, has authorized their executive -to permit the carriage of our own productions in our own bottoms, at -its sole discretion; and the permission has been given from year to -year by proclamation, but subject every moment to be withdrawn on that -single will; in which event, our vessels having anything on board, stand -interdicted from the entry of all British ports. The disadvantage of a -tenure which may be so suddenly discontinued, was experienced by our -merchants on a late occasion,[33] when an official notification that -this law would be strictly enforced, gave them just apprehensions for -the fate of their vessels and cargoes despatched or destined for the -ports of Great Britain. The minister of that court, indeed, frankly -expressed his personal conviction, that the words of the order went -farther than was intended, and so he afterwards officially informed -us; but the embarrassments of the moment were real and great, and the -possibility of their renewal lays our commerce to that country under -the same species of discouragement as to other countries, where it is -regulated by a single legislator; and the distinction is too remarkable -not to be noticed, that our navigation is excluded from the security of -fixed laws, while that security is given to the navigation of others. - -Our vessels pay in their ports one shilling and nine pence, sterling, -per ton, light and trinity dues, more than is paid by British ships, -except in the port of London, where they pay the same as British. - -The greater part of what they receive from us, is re-exported to other -countries, under the useless charges of an intermediate deposit, and -double voyage. From tables published in England, and composed, as is -said, from the books of their customhouses, it appears, that of the indigo -imported there in the years 1773, '4, '5, one-third was re-exported; and -from a document of authority, we learn, that of the rice and tobacco -imported there before the war, four-fifths were re-exported. We are -assured, indeed, that the quantities sent thither for re-exportation -since the war, are considerably diminished, yet less so than reason and -national interest would dictate. The whole of our grain is re-exported -when wheat is below fifty shillings the quarter, and other grains in -proportion. - -The _United Netherlands_ prohibit our pickled beef and pork, meals and -bread of all sorts, and lay a prohibitory duty on spirits distilled from -grain. - -All other of our productions are received on varied duties, which may -be reckoned, on a medium, at about three per cent. - -They consume but a small proportion of what they receive. The residue -is partly forwarded for consumption in the inland parts of Europe, and -partly re-shipped to other maritime countries. On the latter portion -they intercept between us and the consumer, so much of the value as is -absorbed in the charges attending an intermediate deposit. - -Foreign goods, except some East India articles, are received in vessels -of any nation. - -Our ships may be sold and neutralized there, with exceptions of one or -two privileges, which somewhat lessen their value. - -_Denmark_ lays considerable duties on our tobacco and rice, carried in -their own vessels, and half as much more, if carried in ours; but the -exact amount of these duties is not perfectly known here. They lay such -as amount to prohibitions on our indigo and corn. - -_Sweden_ receives favorably our grains and meals, salted provisions, -indigo, and whale oil. - -They subject our rice to duties of sixteen mills the pound weight, carried -in their own vessels, and of forty per cent. additional on that, or -twenty-two and four-tenths mills, carried in ours or any others. Being -thus rendered too dear as an article of common food, little of it is -consumed with them. They consume some of our tobaccoes, which they take -circuitously through Great Britain, levying heavy duties on them also; -their duties of entry, town duties, and excise, being 4.34 dollars the -hundred weight, if carried in their own vessels, and of forty per cent. -on that additional, if carried in our own or any other vessels. - -They prohibit altogether our bread, fish, pot and pearl ashes, flax-seed, -tar, pitch, and turpentine, wood, (except oak timber and masts,) and -all foreign manufactures. - -Under so many restrictions and prohibitions, our navigation with them -is reduced to almost nothing. - -With our neighbors, an order of things much harder presents itself. - -_Spain_ and _Portugal_ refuse, to all those parts of America which -they govern, all direct intercourse with any people but themselves. The -commodities in mutual demand between them and their neighbors, must be -carried to be exchanged in some port of the dominant country, and the -transportation between that and the subject state, must be in a domestic -bottom. - -_France_, by a standing law, permits her West India possessions to -receive directly our vegetables, live provisions, horses, wood, tar, -pitch, turpentine, rice, and maize, and prohibits our other bread -stuff; but a suspension of this prohibition having been left to the -colonial legislatures, in times of scarcity, it was formerly suspended -occasionally, but latterly without interruption. - -Our fish and salted provisions (except pork) are received in their islands -under a duty of three colonial livres the quintal, and our vessels are -as free as their own to carry our commodities thither, and to bring away -rum and molasses. - -_Great Britain_ admits in her islands our vegetables, live provisions, -horses, wood, tar, pitch, and turpentine, rice and bread stuff, by a -proclamation of her executive, limited always to the term of a year, but -hitherto renewed from year to year. She prohibits our salted fish and -other salted provisions. She does not permit our vessels to carry thither -our own produce. Her vessels alone may take it from us, and bring in -exchange rum, molasses, sugar, coffee, cocoa-nuts, ginger, and pimento. -There are, indeed, some freedoms in the island of Dominica, but, under -such circumstances, as to be little used by us. In the British continental -colonies, and in Newfoundland, all our productions are prohibited, and -our vessels forbidden to enter their ports. Their governors, however, -in times of distress, have power to permit a temporary importation of -certain articles in their own bottoms, but not in ours. - -Our citizens cannot reside as merchants or factors within any of the -British plantations, this being expressly prohibited by the same statute -of 12 Car. 2, c. 18, commonly called the navigation act. - -In the _Danish American_ possessions a duty of 5 per cent. is levied on -our corn, corn meal, rice, tobacco, wood, salted fish, indigo, horses, -mules and live stock, and of 10 per cent. on our flour, salted pork and -beef, tar, pitch and turpentine. - -In the American islands of the _United Netherlands_ and Sweden, our -vessels and produce are received, subject to duties, not so heavy as to -have been complained of; but they are heavier in the Dutch possessions -on the continent. - -To sum up these restrictions, so far as they are important: - -FIRST. In Europe-- - -Our bread stuff is at most times under prohibitory duties in England, -and considerably dutied on re-exportation from Spain to her colonies. - -Our tobaccoes are heavily dutied in England, Sweden and France, and -prohibited in Spain and Portugal. - -Our rice is heavily dutied in England and Sweden, and prohibited in -Portugal. - -Our fish and salted provisions are prohibited in England, and under -prohibitory duties in France. - -Our whale oils are prohibited in England and Portugal. - -And our vessels are denied naturalization in England, and of late in -France. - -SECOND. In the West Indies-- - -All intercourse is prohibited with the possessions of Spain and Portugal. - -Our salted provisions and fish are prohibited by England. - -Our salted pork and bread stuff (except maize) are received under -temporary laws only, in the dominions of France, and our salted fish -pays there a weighty duty. - -THIRD. In the article of navigation-- - -Our own carriage of our own tobacco is heavily dutied in Sweden, and -lately in France. - -We can carry no article, not of our own production, to the British ports -in Europe. Nor even our own produce to her American possessions. - -Such being the restrictions on the commerce and navigation of the United -States; the question is, in what way they may best be removed, modified -or counteracted? - -As to commerce, two methods occur. 1. By friendly arrangements with -the several nations with whom these restrictions exist: Or, 2. By the -separate act of our own legislatures for countervailing their effects. - -There can be no doubt but that of these two, friendly arrangement is -the most eligible. Instead of embarrassing commerce under piles of -regulating laws, duties and prohibitions, could it be relieved from all -its shackles in all parts of the world, could every country be employed -in producing that which nature has best fitted it to produce, and each -be free to exchange with others mutual surplusses for mutual wants, the -greatest mass possible would then be produced of those things which -contribute to human life and human happiness; the numbers of mankind -would be increased, and their condition bettered. - -Would even a single nation begin with the United States this system -of free commerce, it would be advisable to begin it with that nation; -since it is one by one only that it can be extended to all. Where the -circumstances of either party render it expedient to levy a revenue, -by way of impost, on commerce, its freedom might be modified, in that -particular, by mutual and equivalent measures, preserving it entire in -all others. - -Some nations, not yet ripe for free commerce in all its extent, might -still be willing to mollify its restrictions and regulations for us, in -proportion to the advantages which an intercourse with us might offer. -Particularly they may concur with us in reciprocating the duties to be -levied on each side, or in compensating any excess of duty by equivalent -advantages of another nature. Our commerce is certainly of a character -to entitle it to favor in most countries. The commodities we offer are -either necessaries of life, or materials for manufacture, or convenient -subjects of revenue; and we take in exchange, either manufactures, when -they have received the last finish of art and industry, or mere luxuries. -Such customers may reasonably expect welcome and friendly treatment -at every market. Customers, too, whose demands, increasing with their -wealth and population, must very shortly give full employment to the -whole industry of any nation whatever, in any line of supply they may -get into the habit of calling for from it. - -But should any nation, contrary to our wishes, suppose it may better -find its advantage by continuing its system of prohibitions, duties and -regulations, it behooves us to protect our citizens, their commerce and -navigation, by counter prohibitions, duties and regulations, also. Free -commerce and navigation are not to be given in exchange for restrictions -and vexations; nor are they likely to produce a relaxation of them. - -Our navigation involves still higher considerations. As a branch of -industry, it is valuable, but as a resource of defence, essential. - -Its value, as a branch of industry, is enhanced by the dependence of -so many other branches on it. In times of general peace it multiplies -competitors for employment in transportation, and so keeps that at its -proper level; and in times of war, that is to say, when those nations -who may be our principal carriers, shall be at war with each other, if -we have not within ourselves the means of transportation, our produce -must be exported in belligerent vessels, at the increased expense of -war-freight and insurance, and the articles which will not bear that, -must perish on our hands. - -But it is as a resource of defence that our navigation will admit neither -neglect nor forbearance. The position and circumstances of the United -States leave them nothing to fear on their land-board, and nothing to -desire beyond their present rights. But on their seaboard, they are open -to injury, and they have there, too, a commerce which must be protected. -This can only be done by possessing a respectable body of citizen-seamen, -and of artists and establishments in readiness for ship-building. - -Were the ocean, which is the common property of all, open to the industry -of all, so that every person and vessel should be free to take employment -wherever it could be found, the United States would certainly not set -the example of appropriating to themselves, exclusively, any portion of -the common stock of occupation. They would rely on the enterprise and -activity of their citizens for a due participation of the benefits of -the seafaring business, and for keeping the marine class of citizens -equal to their object. But if particular nations grasp at undue shares, -and, more especially, if they seize on the means of the United States, -to convert them into aliment for their own strength, and withdraw them -entirely from the support of those to whom they belong, defensive and -protecting measures become necessary on the part of the nation whose -marine resources are thus invaded; or it will be disarmed of its defence; -its productions will lie at the mercy of the nation which has possessed -itself exclusively of the means of carrying them, and its politics may -be influenced by those who command its commerce. The carriage of our own -commodities, if once established in another channel, cannot be resumed in -the moment we may desire. If we lose the seamen and artists whom it now -occupies, we lose the present means of marine defence, and time will be -requisite to raise up others, when disgrace or losses shall bring home -to our feelings the error of having abandoned them. The materials for -maintaining our due share of navigation, are ours in abundance. And, as -to the mode of using them, we have only to adopt the principles of those -who put us on the defensive, or others equivalent and better fitted to -our circumstances. - -The following principles, being founded in reciprocity, appear perfectly -just, and to offer no cause of complaint to any nation: - -1. Where a nation imposes high duties on our productions, or prohibits -them altogether, it may be proper for us to do the same by theirs; -first burdening or excluding those productions which they bring here, -in competition with our own of the same kind; selecting next, such -manufactures as we take from them in greatest quantity, and which, at -the same time, we could the soonest furnish to ourselves, or obtain from -other countries; imposing on them duties lighter at first, but heavier -and heavier afterwards, as other channels of supply open. Such duties -having the effect of indirect encouragement to domestic manufactures of -the same kind, may induce the manufacturer to come himself into these -States, where cheaper subsistence, equal laws, and a vent of his wares, -free of duty, may ensure him the highest profits from his skill and -industry. And here, it would be in the power of the State governments -to co-operate essentially, by opening the resources of encouragement -which are under their control, extending them liberally to artists in -those particular branches of manufacture for which their soil, climate, -population and other circumstances have matured them, and fostering -the precious efforts and progress of _household_ manufacture, by some -patronage suited to the nature of its objects, guided by the local -informations they possess, and guarded against abuse by their presence -and attentions. The oppressions on our agriculture, in foreign ports, -would thus be made the occasion of relieving it from a dependence on the -councils and conduct of others, and of promoting arts, manufactures and -population at home. - -2. Where a nation refuses permission to our merchants and factors to -reside within certain parts of their dominions, we may, if it should be -thought expedient, refuse residence to theirs in any and every part of -ours, or modify their transactions. - -3. Where a nation refuses to receive in our vessels any productions -but our own, we may refuse to receive, in theirs, any but their own -productions. The first and second clauses of the bill reported by the -committee, are well formed to effect this object. - -4. Where a nation refuses to consider any vessel as ours which has -not been built within our territories, we should refuse to consider as -theirs, any vessel not built within their territories. - -5. Where a nation refuses to our vessels the carriage even of our own -productions, to certain countries under their domination, we might refuse -to theirs of every description, the carriage of the same productions to -the same countries. But as justice and good neighborhood would dictate -that those who have no part in imposing the restriction on us, should -not be the victims of measures adopted to defeat its effect, it may be -proper to confine the restriction to vessels owned or navigated by any -subjects of the same dominant power, other than the inhabitants of the -country to which the said productions are to be carried. And to prevent -all inconvenience to the said inhabitants, and to our own, by too sudden -a check on the means of transportation, we may continue to admit the -vessels marked for future exclusion, on an advanced tonnage, and for -such length of time only, as may be supposed necessary to provide against -that inconvenience. - -The establishment of some of these principles by Great Britain, alone, has -already lost us in our commerce with that country and its possessions, -between eight and nine hundred vessels of near 40,000 tons burden, -according to statements from official materials, in which they have -confidence. This involves a proportional loss of seamen, shipwrights, -and ship-building, and is too serious a loss to admit forbearance of -some effectual remedy. - -It is true we must expect some inconvenience in practice from the -establishment of discriminating duties. But in this, as in so many other -cases, we are left to choose between two evils. These inconveniences are -nothing when weighed against the loss of wealth and loss of force, which -will follow our perseverance in the plan of indiscrimination. When once -it shall be perceived that we are either in the system or in the habit -of giving equal advantages to those who extinguish our commerce and -navigation by duties and prohibitions, as to those who treat both with -liberality and justice, liberality and justice will be converted by all -into duties and prohibitions. It is not to the moderation and justice -of others we are to trust for fair and equal access to market with our -productions, or for our due share in the transportation of them; but -to our own means of independence, and the firm will to use them. Nor do -the inconveniences of discrimination merit consideration. Not one of the -nations before mentioned, perhaps not a commercial nation on earth, is -without them. In our case one distinction alone will suffice: that is -to say, between nations who favor our productions and navigation, and -those who do not favor them. One set of moderate duties, say the present -duties, for the first, and a fixed advance on these as to some articles, -and prohibitions as to others, for the last. - -Still, it must be repeated that friendly arrangements are preferable -with all who will come into them; and that we should carry into such -arrangements all the liberality and spirit of accommodation which the -nature of the case will admit. - -France has, of her own accord, proposed negotiations for improving, by -a new treaty on fair and equal principles, the commercial relations of -the two countries. But her internal disturbances have hitherto prevented -the prosecution of them to effect, though we have had repeated assurances -of a continuance of the disposition. - -Proposals of friendly arrangement have been made on our part, by the -present government, to that of Great Britain, as the message states; -but, being already on as good a footing in law, and a better in fact, -than the most favored nation, they have not, as yet, discovered any -disposition to have it meddled with. - -We have no reason to conclude that friendly arrangements would be declined -by the other nations, with whom we have such commercial intercourse -as may render them important. In the meanwhile, it would rest with the -wisdom of Congress to determine whether, as to those nations, they will -not surcease _ex parte_ regulations, on the reasonable presumption that -they will concur in doing whatever justice and moderation dictate should -be done. - -FOOTNOTE: - - [33] April 12, 1792. - - -XLI.--_Report on the Mint. Communicated to the Senate, December 31, 1793._ - - PHILADELPHIA, December 30, 1793. - -SIR,--I am informed, by the Director of the Mint, that an impediment -has arisen to the coinage of the precious metals, which it is my duty -to lay before you. - -It will be recollected, that, in pursuance of the authority vested in the -President, by Congress, to procure artists from abroad, if necessary, Mr. -Drost, at Paris, so well known by the superior style of his coinage, was -engaged for our mint; but that, after occasioning to us a considerable -delay, he declined coming. That thereupon, our minister at London, -according to the instructions he had received, endeavored to procure, -there, a chief coiner and assayer; that, as to the latter, he succeeded -in sending over a Mr. Albion Coxe, for that office, but that he could -procure no person there more qualified to discharge the duties of chief -coiner, than might be had here; and, therefore, did not engage one. The -duties of this last office have consequently been, hitherto, performed, -and well performed, by Henry Voight, an artist of the United States, -but the law requiring these officers to give a security, in the sum -of ten thousand dollars each, neither is able to do it. The coinage of -the precious metals has, therefore, been prevented for some time past, -though, in order that the mint might not be entirely idle, the coinage -of copper has been going on; the trust in that, at any one point of -time, being of but small amount. - -It now remains to determine how this difficulty is to be got over. If by -discharging these officers, and seeking others, it may well be doubted -if any can be found in the United States, equally capable of fulfilling -their duties; and to seek them from abroad, would still add to the -delay; and if found either at home or abroad, they must still be of the -description of artists whose circumstances and connections rarely enable -them to give security in so large a sum. The other alternative would -be to lessen the securityship in money, and to confide that it will be -supplied by the vigilance of the director, who, leaving as small masses -of metal in the hands of the officers, at any one time, as the course -of their process will admit, may reduce the risk to what would not be -considerable. - -To give an idea of the extent of the trust to the several officers, both -as to sum and time, it may be proper to state the course of the business, -according to what the director is of opinion it should be. The treasurer, -he observes, should receive the bullion; the assayer, by an operation on -a few grains of it, is to ascertain its fineness. The treasurer is then -to deliver it to the refiner, to be melted and mixed to the standard -fineness; the assayer here, again, examining a few grains of the melted -mass, and certifying when it is of due fineness; the refiner then delivers -it to the chief coiner, to be rolled and coined, and returns it, when -coined, to the treasurer. By this it appears, that a few grains only, -at a time, are in the hands of the assayer, the mass being confided, -for operation, to the refiner and chief coiner. It is to be observed -that the law has not taken notice of the office of refiner, though so -important an officer ought, it should seem, to be of the President's -nomination, and ought to give a security nearly equal to that required -from the chief coiner. - -I have thought it my duty to give this information under an impression -that it is proper to be communicated to the Legislature, who will decide, -in their wisdom, whether it will be expedient to make it the duty of -the treasurer to receive and keep the bullion before coinage; - -To lessen the pecuniary security required from the chief coiner and -assayer; and - -To place the office of the refiner under the same nomination with that -of the other chief officers; to fix his salary, and require due security. - -I have the honor to be, with the most perfect respect and attachment, -sir, your most obedient and most humble servant. - - - - -END OF VOL. VII. - - - - -INDEX TO VOL. VII. - - - ADAMS, JOHN--His estimate of life, 30. - His reading, 59, 69. - His religious opinions, 59, 68, 219, 280. - Calumnies of Pickering against, 58, 62. - His views of metaphysics, 71. - His views of Bonaparte, 71. - Letter of condolence to, from Mr. Jefferson, 107. - Oldest signer of the Declaration of Independence, 218, 219. - - ADAMS, J. Q.--Made Secretary of State, 85. - - ALEXANDER, EMPEROR--His character and views, 20. - - ADVICE--Letter of, 401. - - ANATOMY--Experiments in, 388. - - ANGLO SAXON--The language, 416. - - APOCALYPSE, THE--View of, 394. - - ASTRONOMY--New method of finding longitude, 223, 226. - - - BANKS--Evils of the Banking system, 64, 111, 115. - Suspension of, 142. - Distress resulting therefrom, 151. - Jefferson's plan for reducing circulating medium, 146. - - BARBARY STATES--Their piracies, 250. - Efforts to redeem Algerine prisoners, 532. - - BOLINGBROKE, LORD--His writings, 197. - - BONAPARTE--His character, 275. - - BOOKS--Should be imported free of duty, 220. - - - CAMPBELL, COL.--Hero of King's Mountain, 268. - - CAPITOL--Whether there should be any inscription on new one, 41. - - CHEMISTRY--Progress of, 259. - - CINCINNATI SOCIETY--History of, 368. - - CLASSICS--The study of, 131. - - CLIMATE--Of western country, 375. - - COINAGE--Report on copper coinage, 462. - Report on coins, weights and measures, 472. - - COLONIZATION OF NEGROES--Views on, 332. - - COMMERCE--Treaties with European powers, 436. - Our Mediterranean trade, 519. - Restriction and privileges of our foreign commerce, 636. - Free Trade, how far practicable, 646. - - COMMITTEES OF CORRESPONDENCE--Origin of, 120. - - COMPENSATION LAW--Unpopularity of, 78. - - CONGRESS--Whether it has a right to adjourn to a new place of - meeting without consent of President, 495. - - CONSOLIDATION--Dangers of, 223, 293, 430. - Rapid strides towards, 426, 430. - - CONSTITUTION--Rules for interpreting, 296, 336, 342, 358. - Distribution of powers between State and Federal governments, 297, - 358. - Who the final arbiter between State and Federal governments, 298, - 358. - Should be easily amendable, 323, 336. - Similarity of Constitutions of different States, 323. - - COURTS, COUNTY--Magistrates of, should be elected by the people, 12, - 18. - - CUBA--Should not be allowed to pass to England, 288, 299. - People of, how affected, 299. - Should belong to the U. States, 316. - - - DAVID, KING--His description of a good man, 337. - - DEBT, FOREIGN--How it should be managed, 506. - - DRAWBACKS--Should be repealed, 6. - - - EDUCATION--General plan of, 98, 187, 322, 398. - Female education, 101. - Northern teachers and professors, 187. - Common school system of Virginia a failure, 256. - - ELOQUENCE--Models of, 231. - - EMBARGO--Circumstances under which, resorted to, 373. - Circumstances which led to its repeal, 425, 431. - Treasonable conduct of Massachusetts in relation to, 425, 431. - - ENGLAND--Feeling of towards U. States, 42, 519. - Debt of, 43. - Condition and prospects of, 45, 48, 232. - Constitution of, 48. - Parties in, 50. - Discontents in, 196. - Origin of her constitution, 355. - Effects of Norman conquest, 413. - Indemnity for slaves carried off by, during Revolutionary war, 518. - Commercial relations of, with United States, 518. - - EUROPE--Condition of, 182, 193, 217, 244, 288. - Revolutions in, 307. - - EXPATRIATION--Exists as a natural right, 72. - - - FRANCE--Condition of, 66, 76. - Return to, of Louis XVIII., 82. - Constitution of, 86. - Allied powers depart, 109. - Her revolution, 302. - Her progress in science, 323. - Whether our treaties with, remain Obligatory after her revolution, - 611. - Not allowed to equip privateers in our ports, 226. - - FRANKLIN, BENJAMIN--Calumnies against, 108. - - FISHERIES--Report on Cod fisheries, 588. - History of Cod fisheries, 538. - History of whale fisheries, 544. - - - GENERATIONS--One has no right to bind another, 16, 19, 311, 359. - - GOVERNMENT--Views on, 3, 263, 307, 318, 357. - Should reflect will of people in all its departments, 9, 319. - Is progressive, 15. - Should be remodelled from time to time, 14, 19. - Principle of representation, 32. - Must be adapted to each particular people, 56. - Majority must govern, 75. - Europe cannot bear republican government, 325. - - GREEK--Pronunciation of, 112, 137. - The ablative case in, 272, 340. - - GRIEF--Its uses and abuses, 33, 37. - - - HAMILTON, A.--His monarchical principles, 389. - - HISTORY--Course of, indicated for University of Virginia, 412. - - - IMPROVEMENT, INTERNAL--Progress of, 75, 422. - Power of, does not belong to federal government, 79. - - INDEPENDENCE, DECLARATION OF--Its history, 122, 304. - Jefferson's opinion of Mecklenburg Declaration, 128. - Authorship of, 407. - Original rough draft of, 409. - The house in which written, 410. - Celebration of 50th anniversary of, 450. - - INDIANS--Their language, 96, 400. - Plan for civilizing, 233. - The right to extinguish Indian titles belongs to federal and - not State governments, 467. - - - JAY, JOHN--Why he did not sign Declaration of Independence, 308. - - JEFFERSON, THOMAS--His estimate of life, 25, 421. - Decay of his faculties, 52, 179, 327. - Resigned to death, 52, 243. - Oppressed by correspondence, 54, 254. - His occupations in his old age, 111, 116. - His habits of life, 116. - Materials for his biography, 117. - Application for his portrait, 203. - Complains of publication of his letters, 222. - Settlements of his accounts on his return from France, 239, 246. - His relations with J. Adams, 314. - Calumnies of Pickering, 362. - His relations with Washington unaffected by the Mazzei letter, - 364. - Their friendship uninterrupted to the last, 370. - His losses by security debt, 433. - - JUDICIARY, FEDERAL--Decisions of, do not bind other departments - of the government, 134, 177. - Each department decides for itself, 134, 177. - Danger to our system from encroachments of, 192, 199, 216, - 256, 278, 293, 321, 403. - - - KENTUCKY RESOLUTIONS--Drawn by Jefferson, 229. - - KOSCIUSKO--His will, 98. - His services to United States, 106. - - - LA FAYETTE--His visit to United States, 378, 379. - - LANDS, PUBLIC--Settlements on, 83. - - LANGDON, GOVERNOR--His relations with Jefferson, 154. - - LANGUAGE--Is progressive, 174, 418. - - LAW--Course of reading in, 207. - Common law no part of law of United States, 251. - Christianity no part of common law, 359. - Origin of common law, 381. - - LAW, INTERNATIONAL--Principle of free ships make free goods &c., - not law of nations, 270. - - LEE, R. H.--Biography of, 422. - - LEWIS AND CLARKE--Journal of their expedition, 91. - - LIVINGSTON, E.--His code, 383, 483. - - LOAN--Proposition for new loan, 629. - - LOTTERIES--Jefferson applies for leave to sell his property by - lottery, 434. - - LOUISIANA--Boundaries of, 51. - - - MANUFACTURES--Whether a mark should be secured to each by law, 563. - - MATERIALISM--Views on, 153, 175. - - MAZZEI LETTER--History and explanation of, 364. - - METAPHYSICS--Views on, 153, 175. - - MINISTERS--Senate has no right to negative the _grade_ of a - minister, it can only negative the _person_ appointed by - the Executive, 465. - - MISSIONS, RELIGIOUS--To foreign States objectionable, 287. - - MINT--The coiner at the mint unable to give security, 651. - - MISSISSIPPI RIVER--Our right to navigate, 568. - - MISSOURI QUESTION--150, 151, 194, 200. - Evil of a geographical line, 151, 158, 159, 180, 182, 194. - - MONROE, JAMES--His election to Presidency, 80. - - - NAVY--Origin of navy of United States, 261, 264. - - NEUTRALITY--A neutral nation may refuse belligerents right to - pass through its territory, 509. - - NOVELS--Evil of, 102. - - - OFFICES--Rotation in, 190. - - OPTICS--Views on, suggested, 258. - - ORATORY--Defects of modern, 347. - - - PAINE, THOMAS--His writings, 197. - - PARTIES--History of, in U. S., 277, 290. - Original views of federal and republican, 290. - Republican party becomes federalized, 325, 342. - Necessity of, 376. - A strong monarchical party at the beginning of our government, - 390. - - POSTS, NORTH-WESTERN--England refuses to surrender, 518. - - - QUAKERS--Character of, 66. - - - RANDOLPH, PEYTON--Character of, 20. - - RELIGION--Jefferson's views on, 28, 61, 127, 164, 170, 185, 210, - 245, 252, 257, 266, 269, 281. - System of Jesus compared with ancient philosophers, 138, 156, - 164, 185. - Jesus as a reformer, 164. - Modern fanaticism, 170. - Religious intolerance, 396. - - REPRESENTATION--Bill apportioning, 594. - - REVOLUTION, THE--Who begun it, 99, 103, 121. - Circumstances attending Declaration of Independence, 122. - - REVOLUTIONARY DEBT--Those due soldiers of North Carolina and - Virginia should be paid to themselves and not their assignees, - 469. - - ROMAN PEOPLE AND CONSTITUTION--148, 150. - - - SCIENCES--Distribution of, 339. - Progress of France in, 327. - - SLAVES--Not entitled to be represented, 36. - Emancipation of, 58, 310. - Amelioration of condition of, 403, 437. - Re-capture of slaves escaped to Florida, 601. - - SOCIETY--Its progress, 377. - - SOUTH AMERICAN PROVINCES--Incapable of self-government, 67, 75, - 104, 210. - - SPAIN--Treaty with, rejected, 160. - - - TAYLOR, JOHN--Jefferson's opinion of his "constitution - construed," 213, 216. - - TRACY, DESTUTT--His works, 38, 55. - - - UNIVERSITY OF VIRGINIA--Organization of, 81, 161, 173, 196, - 329, 392, 441. - Religious objections to appointment of Dr. Cooper in, 156, - 162, 171. - Difficulties surrounding, 201, 204, 237, 392. - Necessity for a southern University, 205. - Arrangement for religious worship, 267. - Students allowed to select tickets, 300. - Difficulties of discipline, 301. - Progress of, 309. - Selection of professors for, 348. - Inculcation of federal doctrines in, should be guarded - against, 397. - Necessity for an Anatomical Hall, 393, 398. - Appointment of foreign professors, 415. - Library of, 432. - Establishment of school of Botany, 438, 441. - - UNITED STATES--True policy of, 6. - Animosity to England growing out of last war, 22. - Relations of, with European powers, 288. - Relations of, with England, 22. - Danger of dissolution of Union, 182. - Should disconnect their policy from that of Europe, 183, 315. - Dangers which threaten them, 211, 214. - - - VANDER KEMP--History of, 29. - - VIRGINIA--Programme of new constitution for, 9. - Arnold's invasion of, 144, 444. - Historical documents of, 312. - Her first constitution, 344. - Defects in, 315. - Authorship of bill of rights, constitution of, 405, 407. - - - WAR--Benefits of the last war, 66. - - WARDS--Counties should be divided into, 35. - - WASHINGTON, GEN.--Authorship of Farewell Address, 291. - No unkind feeling between him and Jefferson on account of - Mazzei letter, 364. - Forms and ceremonies adopted during his administration, 367. - He was a true republican, 371. - - WASHINGTON CITY--Locating of, 512, 561. - - WATER--Report on methods of obtaining fresh water from salt, 455. - - WEIGHTS AND MEASURES--A standard of, 87. - Report on, 472. - - WHISKEY--Evils of its cheapness, 285. - - WILLIAM AND MARY COLLEGE--Its foundation, 328. - Proposition to consolidate it with University, 350, 384. - Its charter is under the power of the legislature, 350, 384. - - WINES--Use of beneficial, 110. - - - - - -End of the Project Gutenberg EBook of The Writings of Thomas Jefferson, Vol. -VII. 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