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} -.spaced_above {margin-top:2em;} -.greek { border-bottom: thin dotted #999; } -.fract {vertical-align:middle; - display: inline-block;} -.sup, .sub {line-height: 1.0; - font-size: 0.72em;} -.sup {vertical-align: top;} -.sub {vertical-align: bottom;} - -.division { display: inline-block; vertical-align: middle; font-size: .9em; } -.denominator { display: block; text-align: center; text-indent: 0; } -.numerator { border-bottom: solid thin; display: block; text-align: center; text-indent: 0; } - -@media print, handheld -{ - h1 {page-break-before: always;} - - p { - margin-top: .5em; - text-align: justify; - margin-bottom: .25em; - } - - table {width: 100%; max-width: 100%;} - -} - -@media handheld -{ - body {margin: 0;} - - hr { - margin-top: .1em; - margin-bottom: .1em; - visibility: hidden; - color: white; - width: .01em; - display: none; - } - .poem { - display: block; - margin-left: 5%; - margin-right: 10%; - } - - ul {margin-left: 1em; padding-left: 0;} - li {list-style-type: none; padding-left: 1em; text-indent: -1.5em;} - - .tnbox { - page-break-inside: avoid; - margin-left: 2%; - margin-right: 2%; - margin-top: 1em; - margin-bottom: 1em; - padding: .5em; - } -} - - </style> - - </head> -<body> - - -<pre> - -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) - - - - - - -</pre> - - -<div class="tnbox"> -<p class="center"> -<b>Transcriber's Note:</b> -</p> -<p> - Inconsistent hyphenation and spelling in the original document have - been preserved. Obvious typographical errors have been corrected. -</p> - -<p> - The [bracketed] footnotes are as in the original. -</p> - -<p> - Inconsistent or incorrect accents and spelling in passages in French, - Latin and Italian have been left unchanged. -</p> - -<p> - 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. -</p> - -<p> - The <a href="#page2ref">paragraph</a> starting "Page 2, column 2" has an unmatched quote. -</p> - -<p> - The following possible inconsistencies/printer errors/archaic - spellings/different names for different entities were identified - but left as printed: -</p> - -<p> - Vanderkemp and Vander Kemp -</p> - -<p> - Potomac and Patomac -</p> - -<p> - Postlethwayte and Postlethwaite -</p> - -<p> - Mecklenburg and Mecklenberg -</p> - -<p> - ascendancy and ascendency. -</p> - -<p> -On <a href="#Page_iii">page iii</a>, the letter written to Hugh P. Taylor doesn't exist. -</p> -<p> -On <a href="#Page_33">page 33</a>, Molliores Spsyke should possibly be Moliére's Psyché. -</p> -<p> -On <a href="#Page_52">page 52</a>, multnomat should possibly be Multnomat.</p> - -<p> -On <a href="#Page_181">page 181</a>, Universary should possibly be University. -</p> - -<p> -On <a href="#Page_192">page 192</a>, sculk should possibly be skulk. -</p> -<p> -On <a href="#Page_537">page 537</a>, the price of the Algerine captives is stated as "$34,79,228,", which is probably a printer's error. -</p> -<p> -On <a href="#Page_546">page 546</a>, termometer should possibly be thermometer. -</p> -</div> - -<h1> -<span class="small">THE</span> -<br /> -WRITINGS -<br /> -<span class="xsmall">OF</span> -<br /> -THOMAS JEFFERSON: -</h1> -<p class="tp spaced_above"><span class="sm"> -BEING HIS</span></p> -<p class="tp spaced_above">AUTOBIOGRAPHY, CORRESPONDENCE, REPORTS, MESSAGES, -ADDRESSES, AND OTHER WRITINGS, OFFICIAL<br /> -AND PRIVATE. -</p> -<p class="tp spaced spaced_above"> -<span class="sm">PUBLISHED BY THE ORDER OF THE JOINT COMMITTEE OF CONGRESS ON THE LIBRARY,</span> -<br /> -FROM THE ORIGINAL MANUSCRIPTS, -<br /> -<span class="sm">DEPOSITED IN THE DEPARTMENT OF STATE.</span> -</p> - -<p class="tp spaced_above"><span class="medsm">WITH EXPLANATORY NOTES, TABLES OF CONTENTS, AND A COPIOUS INDEX</span><br /> -TO EACH VOLUME, AS WELL AS A GENERAL INDEX TO THE WHOLE, -<br /> -<span class="sm">BY THE EDITOR</span> -<br /> -H. A. WASHINGTON. -</p> - -<p class="tp spaced_above">VOL. VII.</p> - -<p class="tp spaced_above"> - -NEW YORK: -<br /> -H. W. DERBY, 625 BROADWAY. -<br /> -1861. -</p> - -<hr class="l30 p6" /> -<p class="center">Entered, according to Act of Congress, in the year 1853, by<br /> -TAYLOR & MAURY,<br /> -In the Clerk's Office of the District Court for the District of Columbia. -</p> -<hr class="l30" /> - -<h2> -CONTENTS TO VOL. VII. -</h2> -<p><span class='pagenum'><a id='Page_iii'></a></span> -</p> - -<hr class="l15" /> - -<h3> -BOOK II. -</h3> - -<p class="tdh"> -<span class='smcap'>Part III.—Continued.—Letters written after his return to the United -States down to the time of his death.—(1790-1826,)—<a href="#Page_3">3</a>.</span> -</p> - -<table summary="Table of Contents"> -<tr><td class="tdalpha">Adams, John, letters written to, <a href="#Page_25">25</a>, <a href="#Page_37">37</a>, <a href="#Page_43">43</a>, <a href="#Page_54">54</a>, <a href="#Page_61">61</a>, <a href="#Page_81">81</a>, <a href="#Page_199">199</a>, <a href="#Page_217">217</a>, <a href="#Page_243">243</a>, <a href="#Page_254">254</a>, <a href="#Page_264">264</a>, <a href="#Page_274">274</a>, <a href="#Page_280">280</a>, <a href="#Page_307">307</a>, <a href="#Page_313">313</a>, <a href="#Page_337">337</a>, <a href="#Page_435">435</a>.</td></tr> -<tr><td class="tdh">Adams, Mrs. A., letter written to, <a href="#Page_52">52</a>.</td></tr> -<tr><td class="tdh">Adams, J. Q., letter written to, <a href="#Page_436">436</a>.</td></tr> - -<tr><td class="tdalpha">Barry, Wm. T., letter written to, <a href="#Page_255">255</a>.</td></tr> -<tr><td class="tdh">Blatchly, C. C., letter written to, <a href="#Page_263">263</a>.</td></tr> -<tr><td class="tdh">Breckenridge, General, letters written to, <a href="#Page_204">204</a>, <a href="#Page_237">237</a>.</td></tr> - -<tr><td class="tdalpha">Cabell, Joseph C., letters written to, <a href="#Page_201">201</a>, <a href="#Page_329">329</a>, <a href="#Page_350">350</a>, <a href="#Page_392">392</a>.</td></tr> -<tr><td class="tdh">Campbell, John, letter written to, <a href="#Page_268">268</a>.</td></tr> -<tr><td class="tdh">Cartwright, Major John, letter written to, <a href="#Page_355">355</a>.</td></tr> -<tr><td class="tdh">Cooper, Dr., letter written to, <a href="#Page_266">266</a>.</td></tr> -<tr><td class="tdh">Corey, M., letter written to, <a href="#Page_318">318</a>.</td></tr> -<tr><td class="tdh">Crawford, Wm. H., letter written to, <a href="#Page_5">5</a>.</td></tr> - -<tr><td class="tdalpha">Dearborne, General, letter written to, <a href="#Page_214">214</a>.</td></tr> -<tr><td class="tdh">Delaplaine, Mr., letter written to, <a href="#Page_20">20</a>.</td></tr> -<tr><td class="tdh">Denison, Hon. J. Evelyn, letter written to, <a href="#Page_415">415</a>.</td></tr> - -<tr><td class="tdalpha">Earle, Thomas, letter written to, <a href="#Page_310">310</a>.</td></tr> -<tr><td class="tdh">Emmet, Dr., letters written to, <a href="#Page_438">438</a>, <a href="#Page_441">441</a>.</td></tr> -<tr><td class="tdh">Engelbrecht, Isaac, letter written to, <a href="#Page_337">337</a>.</td></tr> -<tr><td class="tdh">Eppes, Francis, letter written to, <a href="#Page_197">197</a>.</td></tr> -<tr><td class="tdh">Everett, Edward, letters written to, <a href="#Page_232">232</a>, <a href="#Page_270">270</a>, <a href="#Page_340">340</a>, <a href="#Page_380">380</a>, <a href="#Page_437">437</a>.</td></tr> - -<tr><td class="tdalpha">Flower, George, letter written to, <a href="#Page_83">83</a>. - -<span class='pagenum'><a id='Page_iv'>iv</a></span></td></tr> - -<tr><td class="tdalpha">Gallatin, Albert, letter written to, <a href="#Page_77">77</a>.</td></tr> -<tr><td class="tdh">Garnett, Robert J., letter written to, <a href="#Page_336">336</a>.</td></tr> -<tr><td class="tdh">Giles, Wm. B., letters written to, <a href="#Page_424">424</a>, <a href="#Page_426">426</a>.</td></tr> -<tr><td class="tdh">Gilmer, Francis W., letter written to, <a href="#Page_3">3</a>.</td></tr> -<tr><td class="tdh">Gooch, Claiborne W., letter written to, <a href="#Page_430">430</a>.</td></tr> - -<tr><td class="tdalpha">Hammond, Mr. C., letter written to, <a href="#Page_215">215</a>.</td></tr> -<tr><td class="tdh">Harding, David H., letter written to, <a href="#Page_346">346</a>.</td></tr> -<tr><td class="tdh">Hopkins, George F., letter written to, <a href="#Page_259">259</a>.</td></tr> -<tr><td class="tdh">Humboldt, Baron, letter written to, <a href="#Page_74">74</a>.</td></tr> -<tr><td class="tdh">Humphreys, Dr. Thomas, letter written to, <a href="#Page_57">57</a>.</td></tr> - -<tr><td class="tdalpha">Johnson, Judge, letters written to, <a href="#Page_276">276</a>, <a href="#Page_290">290</a>.</td></tr> - -<tr><td class="tdalpha">Kerchival, Samuel, letters written to, <a href="#Page_9">9</a>, <a href="#Page_35">35</a>.</td></tr> - -<tr><td class="tdalpha">La Fayette, Marquis de, letters written to, <a href="#Page_65">65</a>, <a href="#Page_324">324</a>, <a href="#Page_378">378</a>.</td></tr> -<tr><td class="tdh">Lee, H., letters written to, <a href="#Page_376">376</a>, <a href="#Page_407">407</a>.</td></tr> -<tr><td class="tdh">Lee, Wm., letter written to, <a href="#Page_56">56</a>.</td></tr> -<tr><td class="tdh">Livingston, Edward, letters written to, <a href="#Page_342">342</a>, <a href="#Page_402">402</a>.</td></tr> -<tr><td class="tdh">Logan, Dr., letter written to, <a href="#Page_19">19</a>.</td></tr> -<tr><td class="tdh">Ludlow, Wm., letter written to, <a href="#Page_377">377</a>.</td></tr> - -<tr><td class="tdalpha">Macon, Nathaniel, letter written to, <a href="#Page_222">222</a>.</td></tr> -<tr><td class="tdh">Madison, James, letters written to, <a href="#Page_304">304</a>, <a href="#Page_373">373</a>, <a href="#Page_422">422</a>, <a href="#Page_432">432</a>.</td></tr> -<tr><td class="tdh">Manners, Dr. John, letter written to, <a href="#Page_72">72</a>.</td></tr> -<tr><td class="tdh">Mansfield, Jared, letter written to, <a href="#Page_203">203</a>.</td></tr> -<tr><td class="tdh">Marbois, M. de, letter written to, <a href="#Page_76">76</a>.</td></tr> -<tr><td class="tdh">Mease, Dr. James, letter written to, <a href="#Page_410">410</a>.</td></tr> -<tr><td class="tdh">Megan, Mr., letter written to, <a href="#Page_286">286</a>.</td></tr> -<tr><td class="tdh">Mellish, Mr., letter written to, <a href="#Page_51">51</a>.</td></tr> -<tr><td class="tdh">Morse, Jedediah, letter written to, <a href="#Page_233">233</a>.</td></tr> - -<tr><td class="tdalpha">Nicholas, Mr., letter written to, <a href="#Page_229">229</a>.</td></tr> - -<tr><td class="tdalpha">Pickering, Timothy, letter written to, <a href="#Page_210">210</a>.</td></tr> -<tr><td class="tdh">Pleasants, John Hampden, letter written to, <a href="#Page_344">344</a>.</td></tr> -<tr><td class="tdh">Plumer, Governor, letter written to, <a href="#Page_18">18</a>.</td></tr> -<tr><td class="tdh">President, The, letters written to, <a href="#Page_287">287</a>, <a href="#Page_299">299</a>, <a href="#Page_315">315</a>.</td></tr> - -<tr><td class="tdalpha">Ritchie & Gooch, letters written to, <a href="#Page_239">239</a>, <a href="#Page_246">246</a>.</td></tr> -<tr><td class="tdh">Roane, Judge, letters written to, <a href="#Page_211">211</a>, <a href="#Page_212">212</a>.</td></tr> -<tr><td class="tdh">Rodgers, Patrick K., letter written to, <a href="#Page_327">327</a>. -<span class='pagenum'><a id='Page_v'>v</a></span> -</td></tr> -<tr><td class="tdh">Roscoe, Mr., letter written to, <a href="#Page_195">195</a>.</td></tr> -<tr><td class="tdh">Rush Richard, letters written to, <a href="#Page_347">347</a>, <a href="#Page_379">379</a>.</td></tr> - -<tr><td class="tdalpha">Secretary of State, letter written to, <a href="#Page_41">41</a>.</td></tr> -<tr><td class="tdh">Short, Wm., letters written to, <a href="#Page_309">309</a>, <a href="#Page_389">389</a>.</td></tr> -<tr><td class="tdh">Sinclair, St. John, letter written to, <a href="#Page_22">22</a>.</td></tr> -<tr><td class="tdh">Skidman, Thomas, letter written to, <a href="#Page_258">258</a>.</td></tr> -<tr><td class="tdh">Smith, Mr. M. Harrison, letter written to, <a href="#Page_27">27</a>.</td></tr> -<tr><td class="tdh">Smith, James, letter written to, <a href="#Page_269">269</a>.</td></tr> -<tr><td class="tdh">Smith, General Samuel, letters written to, <a href="#Page_284">284</a>.</td></tr> -<tr><td class="tdh">Smith, T. J., letter written to, <a href="#Page_401">401</a>.</td></tr> -<tr><td class="tdh">Smyth, General Alexander, letter written to, <a href="#Page_394">394</a>.</td></tr> -<tr><td class="tdh">Sparks, Jared, letter written to, <a href="#Page_332">332</a>.</td></tr> -<tr><td class="tdh">Stuart, Josephus B., letter written to, <a href="#Page_64">64</a>.</td></tr> -<tr><td class="tdh">Summers, George W., &c., letter written to, <a href="#Page_230">230</a>.</td></tr> - -<tr><td class="tdalpha">Taylor, John, letter written to, <a href="#Page_17">17</a>.</td></tr> -<tr><td class="tdh">Taylor, Hugh P., letter written to, 2.</td></tr> -<tr><td class="tdh">Terrel, Dabney, letter written to, <a href="#Page_206">206</a>.</td></tr> -<tr><td class="tdh">Terril, Chiles, letter written to, <a href="#Page_260">260</a>.</td></tr> -<tr><td class="tdh">Thweat, Archibald, letters written to, <a href="#Page_198">198</a>.</td></tr> -<tr><td class="tdh">Tiffany, Isaac H., letter written to, <a href="#Page_31">31</a>.</td></tr> -<tr><td class="tdh">Ticknor, George, letter written to, <a href="#Page_300">300</a>.</td></tr> -<tr><td class="tdalpha">Van Buren, Martin, letter written to, <a href="#Page_362">362</a>.</td></tr> - -<tr><td class="tdh">Vaughan, John, letter written to, <a href="#Page_409">409</a>.</td></tr> - -<tr><td class="tdalpha">Waterhouse, Dr. Benjamin, letters written to, <a href="#Page_252">252</a>, <a href="#Page_257">257</a>.</td></tr> -<tr><td class="tdh">Weightman, Mr., letter written to, <a href="#Page_450">450</a>.</td></tr> -<tr><td class="tdh">Whittemore, Mr. Robert, letter written to, <a href="#Page_245">245</a>.</td></tr> -<tr><td class="tdh">Wiss, Lewis M., letter written to, <a href="#Page_419">419</a>.</td></tr> -<tr><td class="tdh">Woodward, Mr., letter written to, <a href="#Page_338">338</a>.</td></tr> -<tr><td class="tdh">Woodward, Judge Augustus B., letter written to, <a href="#Page_405">405</a>.</td></tr> -<tr><td class="tdh">Wright, Miss, letter written to, <a href="#Page_408">408</a>.</td></tr> - -<tr><td class="tdalpha">Address lost, letters written to, <a href="#Page_220">220</a>, <a href="#Page_223">223</a>, <a href="#Page_383">383</a>, <a href="#Page_397">397</a>, <a href="#Page_411">411</a>, <a href="#Page_425">425</a>, <a href="#Page_431">431</a>, <a href="#Page_444">444</a>.</td></tr> - -<tr><td class="tdalpha">Letters to Thomas Jefferson from John Adams, <a href="#Page_29">29</a>, <a href="#Page_38">38</a>, <a href="#Page_47">47</a>, <a href="#Page_58">58</a>, <a href="#Page_68">68</a>, <a href="#Page_70">70</a>, <a href="#Page_85">85</a>, <a href="#Page_219">219</a>, <a href="#Page_261">261</a>, <a href="#Page_279">279</a>, <a href="#Page_302">302</a>, <a href="#Page_396">396</a>.</td></tr> -</table> - -<h3> -BOOK III.—<span class='smcap'>Part I.</span> -</h3> - -<p><span class='pagenum'><a id='Page_vi'></a></span></p> -<p class="center"> -REPORTS AND OPINIONS WHILE SECRETARY OF STATE. -</p> - -<ul class="idx"> -<li>1. Report on the method of obtaining fresh water from salt, <a href="#Page_455">455</a>.</li> - -<li>2. Opinion on the proposition for establishing a woollen manufactory in -Virginia, <a href="#Page_460">460</a>.</li> - -<li>3. Report on copper coinage, <a href="#Page_462">462</a>.</li> - -<li>4. Opinion on the question whether the Senate has the right to negative -the <i>grade</i> of persons appointed by the Executive to fill foreign missions, <a href="#Page_465">465</a>.</li> - -<li>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, <a href="#Page_467">467</a>.</li> - -<li>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, <a href="#Page_469">469</a>.</li> - -<li>7. Report on plan for establishing uniformity in the coins, weights and -measures, of the United States, <a href="#Page_472">472</a>.</li> - -<li>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, <a href="#Page_498">498</a>.</li> - -<li>9. Opinion respecting expenses and salaries of foreign ministers, <a href="#Page_501">501</a>.</li> - -<li>10. Opinion in regard to the continuances of the monopoly of the commerce -of the Creek nation enjoyed by Colonel McGillivray, <a href="#Page_504">504</a>.</li> - -<li>11. Opinion respecting our foreign debt, <a href="#Page_506">506</a>.</li> - -<li>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, <a href="#Page_508">508</a>.</li> - -<li>13. Opinion on the question whether the real object of the expedition of -Governor St. Clair, should be notified to Lord Dorchester, <a href="#Page_510">510</a>.</li> - -<li>14. Opinion on the proceedings to be had under the Residence Act, <a href="#Page_511">511</a>. -<span class='pagenum'><a id='Page_vii'>vii</a></span></li> - -<li>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, <a href="#Page_513">513</a>.</li> - -<li>16. Opinion on certain proceedings of the Executive in the North-Western -Territory, <a href="#Page_515">515</a>.</li> - -<li>17. Report on certain letters between the President and Governeur Morris, -relative to our difficulties with England, <a href="#Page_517">517</a>.</li> - -<li>18. Report on the Mediterranean trade, <a href="#Page_519">519</a>.</li> - -<li>19. Report on the Algerine prisoners, <a href="#Page_532">532</a>.</li> - -<li>20. Report on the cod and whale fisheries, <a href="#Page_538">538</a>.</li> - -<li>21. Opinion against the constitutionality of a National Bank, <a href="#Page_555">555</a>.</li> - -<li>22. Opinion relative to the ten mile square for the federal government, <a href="#Page_561">561</a>.</li> - -<li>23. Report on the policy of securing peculiar marks to manufacturers by -law, <a href="#Page_563">563</a>.</li> - -<li>24. Opinion relative to the demolition of Mr. Carroll's house by Major -L'Enfant, in laying out the Federal City <a href="#Page_564">564</a>.</li> - -<li>25. Opinion relative to certain lands on Lake Erie, sold by the U. States -to Pennsylvania, <a href="#Page_567">567</a>.</li> - -<li>26. Report on the negotiations with Spain to secure the navigation of the -Mississippi, and a port on the same, <a href="#Page_568">568</a>.</li> - -<li>27. Report on the case of Charles Russell and others, claiming certain -lands, <a href="#Page_592">592</a>.</li> - -<li>28. Report relative to negotiations at Madrid, <a href="#Page_593">593</a>.</li> - -<li>29. Opinion on bill apportioning representation, <a href="#Page_594">594</a>.</li> - -<li>30. Opinion relative to the re-capture of slaves, escaped to Florida, <a href="#Page_601">601</a>.</li> - -<li>31. Report on the assays at the mint, <a href="#Page_604">604</a>.</li> - -<li>32. Report on the petition of John Rodgers relative to certain lands on the -north-east side of the Tennessee, <a href="#Page_605">605</a>.</li> - -<li>33. Report relative to the boundaries of the lands between the Ohio and -the lakes acquired by treaties from the Indians, <a href="#Page_608">608</a>.</li> - -<li>34. Report on proceedings of Secretary of State to transfer to Europe the -annual fund of $40,000, appropriated to that department, <a href="#Page_610">610</a>.</li> - -<li>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, <a href="#Page_611">611</a>.</li> - -<li>36. Opinion relative to granting passports to American vessels, <a href="#Page_624">624</a>.</li> - -<li>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, <a href="#Page_626">626</a>. -<span class='pagenum'><a id='Page_viii'>viii</a></span></li> - -<li>38. Opinion on the proposition of the Secretary of the Treasury to open a -new loan, <a href="#Page_629">629</a>.</li> - -<li>39. Opinion relative to the policy of a new loan, <a href="#Page_633">633</a>.</li> - -<li>40. Report on the restrictions and privileges of the commerce of the United -states in foreign countries, <a href="#Page_636">636</a>.</li> - -<li>41. Report on the mint, <a href="#Page_651">651</a>.</li> -</ul> - -<h2> -PART III.—<span class='smcap'>Continued.</span> -<br /> -<br /> -LETTERS WRITTEN AFTER HIS RETURN TO THE -U. S. DOWN TO THE TIME OF HIS DEATH. -<br /> -<br /> -1790-1826. -</h2> -<hr class="l15" /> - -<p><span class='pagenum'><a id='Page_3'></a></span></p> - -<h3> -TO FRANCIS W. GILMER. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 7, 1816. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_4'>4</a></span> -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, -<span class='pagenum'><a id='Page_5'>5</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO WILLIAM H. CRAWFORD. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 20, 1816. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_6'>6</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_7'>7</a></span> -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 -<span class='pagenum'><a id='Page_8'>8</a></span> -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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_9'>9</a></span></p> - -<h3> -TO SAMUEL KERCHIVAL. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, July 12, 1816. -</p> - -<p> -<span class='smcap'>Sir</span>,—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, -<span class='pagenum'><a id='Page_10'>10</a></span> -of other matter, would give them place in every paper, and bring -the question home to every man's conscience. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_11'>11</a></span> -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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_12'>12</a></span> -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 <i>learned in the law</i>. 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_13'>13</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_14'>14</a></span> -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 -<i>economy and liberty</i>, or <i>profusion and servitude</i>. 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 <span lang="la"><i>bellum omnium -in omnia</i></span>, 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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_15'>15</a></span> -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 -<span class='pagenum'><a id='Page_16'>16</a></span> -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 -<span class='pagenum'><a id='Page_17'>17</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO JOHN TAYLOR. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, July 16, 1816. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_18'>18</a></span> -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 <i>pecuniary</i> 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. -</p> - -<h3> -TO HIS EXCELLENCY GOVERNOR PLUMER. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, July 21, 1816. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_19'>19</a></span> -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. -</p> - -<h3> -TO DOCTOR LOGAN. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, July 23, 1816. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—I have received and read with great pleasure the -account you have been so kind as to send me of the interview -<span class='pagenum'><a id='Page_20'>20</a></span> -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. -</p> - -<h3> -TO MR. DELAPLAINE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, July 26, 1816. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—In compliance with the request of your letter of -the 6th inst., with respect to Peyton Randolph, I have to observe -<span class='pagenum'><a id='Page_21'>21</a></span> -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. -</p> - -<p> -You requested me when here, to communicate to you the particulars -of two transactions in which I was myself an agent, to -wit: the <i>coup de main</i> 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. -<span class='pagenum'><a id='Page_22'>22</a></span> -</p> - -<h3> -TO SIR JOHN SINCLAIR. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, July 31, 1816. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_23'>23</a></span> -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 -<span class='pagenum'><a id='Page_24'>24</a></span> -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." -</p> - -<p> -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 <i>our citizens</i> -<span class='pagenum'><a id='Page_25'>25</a></span> -is a <span lang="la"><i>sine quâ non</i></span>, 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. -</p> - -<p> -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. -</p> - -<h3> -TO MR. ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, August 1, 1816. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -<span class='pagenum'><a id='Page_26'>26</a></span> -</p> - -<div class="poetry-container"> -<div class="poem"> -<p>Two urns by Jove's high throne have ever stood,</p> -<p>The source of evil one, and one of good;</p> -<p>From thence the cup of mortal man he fills,</p> -<p>Blessings to these, to those distributes ills;</p> -<p>To most he mingles both.</p> -</div></div> - -<p> -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? -<span class='pagenum'><a id='Page_27'>27</a></span> -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. -</p> - -<h3> -TO MRS. M. HARRISON SMITH. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, August 6, 1816. -</p> - -<p> -I have received, dear Madam, your very friendly letter of July -21st, and assure you that I feel with deep sensibility its kind expressions -<span class='pagenum'><a id='Page_28'>28</a></span> -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. -<span class='pagenum'><a id='Page_29'>29</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -JOHN ADAMS TO THOMAS JEFFERSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Quincy</span>, August 9, 1816. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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, -<span class='pagenum'><a id='Page_30'>30</a></span> -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. -</p> - -<p class="center"> -* * * * * * * * -</p> - -<p> -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. -</p> - -<p> -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? -</p> - -<p> -Let us state a few questions <span lang="la"><i>sub rosâ</i></span>. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_31'>31</a></span> -<span lang="fr_FR"><i>Boule de Savon</i></span>; 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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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, -</p> - -<p class="signature"> -J. A. -</p> - -<h3> -TO MR. ISAAC H. TIFFANY. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, August 26, 1816. -</p> - -<p> -<span class='smcap'>Sir</span>,—In answer to your inquiry as to the merits of Gillies' -translation of the Politics of Aristotle, I can only say that it has -<span class='pagenum'><a id='Page_32'>32</a></span> -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. -<span class='pagenum'><a id='Page_33'>33</a></span> -</p> - -<h3> -JOHN ADAMS TO THOMAS JEFFERSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Quincy</span>, September 3, 1816. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -Without hinting to him anything which had passed between -you and me, I asked him your question, "<i>What are the uses of -grief?</i>" 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. -</p> - -<p> -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, <span lang="fr_FR">"<i>on est payè de mille maux, par un heureux moment</i>."</span> -Thus differently do men speak of pleasures and pains. Now, -Sir, I will tease you with another question. What have been -the <i>abuses</i> of grief? -</p> - -<p> -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. -</p> - -<p> -1st. The death of Socrates excited a general sensibility of -grief at Athens, in Attica, and in all Greece. Plato and Xenophon, -<span class='pagenum'><a id='Page_34'>34</a></span> -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? -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_35'>35</a></span> -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. -</p> - -<p> -I am with ancient friendly sentiments, -</p> - -<h3> -TO SAMUEL KERCHIVAL. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, September 5, 1816. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 -<span class='pagenum'><a id='Page_36'>36</a></span> -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." -</p> - -<p> -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 -<span class='pagenum'><a id='Page_37'>37</a></span> -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 <i>freemen</i>; and none are <i>freemen</i> 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. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, October 14, 1816. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_38'>38</a></span> -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. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_39'>39</a></span> -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 -<span class='pagenum'><a id='Page_40'>40</a></span> -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. -</p> - -<p> -Your history of the Jesuits, by what name of the author or -other description is it to be inquired for? -</p> - -<p> -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 -<span class='pagenum'><a id='Page_41'>41</a></span> -by giving up each one-half. But will either consent, -<i>peaceably</i>, 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. -</p> - -<h3> -TO THE SECRETARY OF STATE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, October 16, 1816. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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: -</p> - -<div class="poetry-container"> -<div class="poem"> -<p>FOUNDED 1791.—BURNT BY A BRITISH ARMY 1814.—RESTORED BY CONGRESS 1817. -</p></div></div> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_42'>42</a></span> -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, <i>nearly</i> 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 <i>will be</i> 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. -<span class='pagenum'><a id='Page_43'>43</a></span> -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Poplar Forest</span>, November 25, 1816. -</p> - -<p> -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 <span lang="fr_FR">Analyse de Dupuys</span> he does not avow. -</p> - -<p> -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? -</p> - -<p> -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 -<span class='pagenum'><a id='Page_44'>44</a></span> -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 -<span class='pagenum'><a id='Page_45'>45</a></span> -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, <i>habeas corpus</i>, 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_46'>46</a></span> -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 <span lang="la"><i>hostis humani generis</i></span>. 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_47'>47</a></span> -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. -</p> - -<p> -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 <span lang="fr_FR"><i>point d'appui</i></span>? 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. -</p> - -<h3> -JOHN ADAMS TO THOMAS JEFFERSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Quincy</span>, December 16, 1816. -</p> - -<p> -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. -</p> - -<p> -"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 <span lang="la"><i>non compos mentuism</i></span>? The science of Lunacy? The -theory of delirium? or does it mean the science of self-love? Of -<span lang="fr_FR"><i>amour propre</i></span>? or the elements of vanity? -</p> - -<p> -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 -<span class='pagenum'><a id='Page_48'>48</a></span> -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. -</p> - -<p> -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? -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_49'>49</a></span> -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. -</p> - -<p> -Britain will never be our friend till we are her master. -</p> - -<p> -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; -<span class='pagenum'><a id='Page_50'>50</a></span> -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. -</p> - -<p> -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! -</p> - -<p> -Nothing is too impious or profane for this great master, who -has painted so many inimitable virgins and children. -</p> - -<p> -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. <span lang="la"><i>Testine cente.</i></span> -<span class='pagenum'><a id='Page_51'>51</a></span> -</p> - -<h3> -TO MR. MELLISH. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, December 31, 1816. -</p> - -<p> -<span class='smcap'>Sir</span>,—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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_52'>52</a></span> -of the <span lang="la"><i>jus gentium</i></span> 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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -TO MRS. ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 11, 1817. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_53'>53</a></span> -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, -</p> - -<div class="poetry-container"> -<div class="poem"> -<p class="i6">——To see what we have seen,</p> -<p>To taste the tasted, and at each return</p> -<p>Less tasteful; o'er our palates to decant</p> -<p>Another vintage—</p> -</div></div> - -<p> -Until satiated and fatigued with this leaden iteration, we ask our -own <span lang="fr_FR"><i>congé</i></span>. 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 -<span class='pagenum'><a id='Page_54'>54</a></span> -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. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 11, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_55'>55</a></span> -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. -</p> - -<p> -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 <i>Morale</i>, -as the correlative to <i>Physique</i>. 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. <i>Le premier -jet</i> 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. -</p> - -<p> -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, <span lang="la">"<i>ubi panis, ibi deus</i>."</span> 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 -<span class='pagenum'><a id='Page_56'>56</a></span> -be sought in my life; if that has been <i>honest and dutiful</i> to society, -the religion which has regulated it cannot be a bad one." -Affectionately adieu. -</p> - -<h3> -TO WILLIAM LEE, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 16, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_57'>57</a></span> -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. -</p> - -<h3> -TO DOCTOR THOMAS HUMPHREYS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 8, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_58'>58</a></span> -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. -</p> - -<h3> -JOHN ADAMS TO THOMAS JEFFERSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Quincy</span>, April 19, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_59'>59</a></span> -himself for that removal, or anything else;" and they talked a -great deal about the <span class='smcap'>Dignity</span> of the office of President, which I -do not find that any other person, public or private regards very -much. -</p> - -<p> -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. -</p> - -<p> -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, <i>he would have but one religion in his dominions</i>;" -the parson coolly replied, "Cleverly! you would be the best man -in the world if you had no religion." -</p> - -<p> -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 -<span class='pagenum'><a id='Page_60'>60</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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—<i>Homo -sum</i>. 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. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_61'>61</a></span> -<span lang="es_ES"><i>Auto de feés</i></span>, 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. -</p> - -<p> -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! -</p> - -<p> -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. -</p> - -<p> -When writing to you I never know when to subscribe, -</p> - -<p class="signature"> -J. A. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 5, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_62'>62</a></span> -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 <i>religion</i> we are to understand <i>sectarian dogmas</i>, 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." -</p> - -<p> -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 -<span class='pagenum'><a id='Page_63'>63</a></span> -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 <i>ennui</i>. 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. -</p> - -<p> -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, -<span lang="it_IT">"<i>l'Italia avanti il dominio dei Romani dal Micali</i>."</span> 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 -<span class='pagenum'><a id='Page_64'>64</a></span> -of their matter, the pure from the impure, and presented -in a just sense of right, in opposition to usurpation. -</p> - -<p> -Accept assurances for Mrs. Adams and yourself of my affectionate -esteem and respect. -</p> - -<h3> -TO DR. JOSEPHUS B. STUART. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 10, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_65'>65</a></span> -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? -</p> - -<p> -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 <span lang="la">"<i>solve senes centem equum</i>,"</span> -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. -</p> - -<h3> -TO MARQUIS DE LA FAYETTE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 14, 1817. -</p> - -<p> -Although, dear Sir, much retired from the world, and meddling -little in its concerns, yet I think it almost a religious duty to -<span class='pagenum'><a id='Page_66'>66</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_67'>67</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_68'>68</a></span> -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. -</p> - -<h3> -JOHN ADAMS TO THOMAS JEFFERSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Quincy</span>, May 18, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -Oh! Lord! Do you think that Protestant Popedom is annihilated -in America? Do you recollect, or have you ever attended -<span class='pagenum'><a id='Page_69'>69</a></span> -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, <i>as yet</i> 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. -</p> - -<p> -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? -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_70'>70</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -I am, Sir, sincerely your friend. -</p> - -<p class="p2"> -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. -</p> - -<h3> -JOHN ADAMS TO THOMAS JEFFERSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Quincy</span>, May 26, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -Nevertheless, I cannot foresee much utility in reviewing, in -<span class='pagenum'><a id='Page_71'>71</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 <span class='smcap'>TRUST IN GOD</span>! -</p> - -<p> -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 -<span class='pagenum'><a id='Page_72'>72</a></span> -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 <span lang="la"><i>sacre liques</i></span>. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -I am, Sir, with hearty wishes for your health and happiness, -your friend and humble servant. -</p> - -<h3> -TO DOCTOR JOHN MANNERS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 12, 1817. -</p> - -<p> -<span class='smcap'>Sir</span>,—Your favor of May 20th has been received some time -since, but the increasing inertness of age renders me slow in -<span class='pagenum'><a id='Page_73'>73</a></span> -obeying the calls of the writing-table, and less equal than I have -been to its labors. -</p> - -<p> -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. -</p> - -<p> -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 <i>lex-loci</i>. Then comes the -law of Congress, declaring that what is law in any State, shall -<span class='pagenum'><a id='Page_74'>74</a></span> -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 <i>lex-loci</i>, 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. -</p> - -<h3> -TO BARON HUMBOLDT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 13, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—The receipt of your <span lang="la">Distributio Geographica -Plantarum</span>, 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 -<span class='pagenum'><a id='Page_75'>75</a></span> -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 <span lang="la"><i>lex-majoris partis</i></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_76'>76</a></span> -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. -</p> - -<h3> -TO M. DE MARBOIS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 14, 1817. -</p> - -<p> -I thank you, dear Sir, for the copy of the interesting narrative -of the <span lang="fr_FR">Complet d'Arnold</span>, 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 -<span class='pagenum'><a id='Page_77'>77</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO ALBERT GALLATIN. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 16, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_78'>78</a></span> -your situation exposes you, while it adds to the opportunities of -exercising yourself in works of charity. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -You will have learned that an act for internal improvement, -after passing both Houses, was negatived by the President. The -<span class='pagenum'><a id='Page_79'>79</a></span> -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 -<span class='pagenum'><a id='Page_80'>80</a></span> -to the times of the darkest bigotry and barbarism, to find a parallel. -Its purport is, that all those who shall <i>hereafter</i> 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. -</p> - -<p> -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. -</p> - -<p class="center"> -* * * * * * * * -</p> - -<p> -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. -</p> - -<p> -Present me respectfully to Mrs. Gallatin, and be assured of my -constant and affectionate friendship. -<span class='pagenum'><a id='Page_81'>81</a></span> -</p> - -<h3> -TO MR. ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Poplar Forest</span>, September 8, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 <span lang="fr_FR"><i>premiere ebauche</i></span>, 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. -</p> - -<p> -You ask if I have seen Buchanan's, McAfee's, or Wilkinson's -<span class='pagenum'><a id='Page_82'>82</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_83'>83</a></span> -which an elective body, fairly representative of the people, will -be an efficient element. -</p> - -<p> -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. -</p> - -<h3> -TO GEORGE FLOWER. -</h3> - -<p class="letter_head"> -<span class="smcap">Poplar Forest</span>, September 12, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_84'>84</a></span> -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, -<span class='pagenum'><a id='Page_85'>85</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -JOHN ADAMS TO THOMAS JEFFERSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Quincy</span>, October 10, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_86'>86</a></span> -mind, and a trifling accident, in deciding the fate of mankind for -ages. De Pradt and Talleyrand were well associated. -</p> - -<p> -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. <span lang="fr_FR"><i>Voila! les ossimens</i></span> -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. -</p> - -<p> -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? -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -Mr. Monroe has got the universal character among all our common -<span class='pagenum'><a id='Page_87'>87</a></span> -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. -</p> - -<p> -I wish him the same happy success through his whole administration. -</p> - -<p> -I am, Sir, with respect and friendship, yours, -</p> - -<p class="signature"> -J. A. -</p> - -<h3> -TO THE HONORABLE JOHN Q. ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 1, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 <span lang="fr_FR"><i>Recit Historique</i></span>, 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_88'>88</a></span> -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 -<span class='pagenum'><a id='Page_89'>89</a></span> -times been contemplated and desired<a name='FA_1' id='FA_1' href='#FN_1' class='fnanchor'>[1]</a> 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 <span lang="fr_FR">"<i>Encyclopedie Methodique</i></span>," -<span class='pagenum'><a id='Page_90'>90</a></span> -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. -</p> - -<p> -I have lately seen a book which your office ought to possess, -if it has it not already, entitled <span lang="fr_FR">"<i>Memoire sur la Louisiane</i></span>, -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 <span lang="fr_FR"><i>compagnie d'occident</i></span> -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. -<span class='pagenum'><a id='Page_91'>91</a></span> -</p> - -<h3> -TO MR. DUPONCEAU. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 7, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_92'>92</a></span> -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, -<span class='pagenum'><a id='Page_93'>93</a></span> -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> - -<p class="p2"> -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. -</p> - -<h3> -TO MR. CORREA. -</h3> - -<p class="letter_head"> -<span class="smcap">Poplar Forest</span>, November 25, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 <i>ad referendum</i>. 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 -<span class='pagenum'><a id='Page_94'>94</a></span> -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 -<span class='pagenum'><a id='Page_95'>95</a></span> -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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_96'>96</a></span> -</p> - -<h3> -TO MR. DUPONCEAU. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, December 30, 1817. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_97'>97</a></span> -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 <span lang="fr_FR">compagnie d'occident</span>, 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. -</p> - -<p> -I defer writing to the Secretary at War respecting the observations -of longitude and latitude by Capt. Lewis, until I learn from -<span class='pagenum'><a id='Page_98'>98</a></span> -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. -</p> - -<h3> -TO MR. WIRT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 5, 1818. -</p> - -<p> -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 <span lang="la"><i>bona notabilia</i></span>. 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 -<span class='pagenum'><a id='Page_99'>99</a></span> -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. -</p> - -<h3> -TO DR. BENJAMIN WATERHOUSE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 3, 1818. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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.<a name='FA_2' id='FA_2' href='#FN_2' class='fnanchor'>[2]</a> 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 -<span class='pagenum'><a id='Page_100'>100</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_101'>101</a></span> -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. -</p> - -<h3> -TO N. BURWELL, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 14, 1818. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_102'>102</a></span> -I shall subjoin a catalogue of the books for such a course of reading -as we have practiced. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_103'>103</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 17, 1818. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_104'>104</a></span> -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. -</p> - -<p> -I had been long without hearing <i>from</i> you, but I had heard <i>of</i> -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 <span lang="la"><i>secundum subjectam materiem</i></span>, -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 <span lang="la"><i>tædium senectutis</i></span>; 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_105'>105</a></span> -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. -</p> - -<p> -<i>En attendant</i>, with sincere affections to Mrs. Adams and yourself, -I salute you both cordially. -</p> - -<h3> -TO M. JULLIEN. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, July 23, 1818. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 <span lang="fr_FR">"<i>Essai general d'education physique -morale, et intellectuelle,</i>"</span> 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. -</p> - -<p> -In a letter from Mr. E. I. Dupont of August 11, 1817, I received -the favor of your <span class='pagenum'><a id='Page_106'>106</a></span> -<span lang="fr_FR">"<i>Esquisse d'un ouvrage sur l'education -comparée,</i>"</span> 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_107'>107</a></span> -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 <span lang="fr_FR"><i>de si -longue haleine</i></span>; 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. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 13, 1818. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_108'>108</a></span> -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. -</p> - -<h3> -TO ROBERT WALSH. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, December 4, 1818. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span lang="la"><i>sine quâ non</i></span>, our commissioners (Mr. Adams excepted) would -have relinquished them, rather than have broken off the treaty. -<span class='pagenum'><a id='Page_109'>109</a></span> -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. -</p> - -<p> -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 <i>a cadre</i> 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. -</p> - -<h3> -TO M. DE NEUVILLE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, December 13, 1818. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_110'>110</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_111'>111</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO NATHANIEL MACON, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 12, 1819. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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, -<span class='pagenum'><a id='Page_112'>112</a></span> -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. -</p> - -<h3> -TO MR. ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 21, 1819. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_113'>113</a></span> -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 <i>general</i> trusted to its orthodoxy. I say, -<i>in general</i>, 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, <span class="greek" title="e, i, u, ei, oi, ui,">ε, ι, υ, ει, οι, υι,</span> -to all of which they give the sound of -our double <i>e</i> in the word <i>meet</i>. 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, <i>ee</i>, is overcharged by so many different representative -<span class='pagenum'><a id='Page_114'>114</a></span> -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 <span class="greek" title="au, eu, êu, ôu">αυ, ευ, ηυ, ωυ,</span> -sounding the <span class="greek" title="u">υ</span>, upsilon, as our <i>f</i> or <i>v</i>, because I find traces of -that power of <span class="greek" title="u">υ</span>, or of <i>v</i>, in some modern languages. To go no -further than our own, we have it in <i>laugh</i>, <i>cough</i>, <i>trough</i>, <i>enough</i>. -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 <i>gh</i> which gives the sound of <i>f</i> or <i>v</i>, in these words, is -proved by the orthography of <i>plough</i>, <i>trough</i>, <i>thought</i>, <i>fraught</i>, -<i>caught</i>. The modern Greeks themselves, too, giving up <span class="greek" title="u">υ</span>, upsilon, -in ordinary, the sound of our <i>ee</i>, strengthens the presumption -that its anomalous sound of <i>f</i> or <i>v</i>, is a corruption. The -same may be inferred from the cacophony of <span class="greek" title="elaphne">ελαφνε</span> (elavne) for -<span class="greek" title="elaune">ελαυνε</span>, (elawne,) <span class="greek" title="Achillephs">Αχιλλεφς</span> (Achillefs) for <span class="greek" title="Achilleus">Αχιλλευς</span>, (Achilleise,) -<span class="greek" title="ephs">εφς</span> (eves) for <span class="greek" title="eüs">εϋς</span>, (eeuse,) <span class="greek" title="ophk">οφκ</span> (ovk) for <span class="greek" title="ouk">ouk</span>, (ouk,) <span class="greek" title="ôphtos">ωφτος</span> (ovetos) -for <span class="greek" title="ôütos">ωϋτος</span>, (o-u-tos,) <span class="greek" title="Zephs">Ζεφς</span> (zevs) for <span class="greek" title="Zeus">Ζευς</span> (zese,) of which all nations -have made their Jupiter; and the uselessness of the <span class="greek" title="u">υ</span> in <span class="greek" title="euphônia">ευφωνια</span> -which would otherwise have been spelt <span class="greek" title="ephônia">εφωνια</span>. I therefore except -this also from what I consider as approvable pronunciation. -</p> - -<p> -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? -</p> - -<div class="poetry-container"> -<div class="poem"> -<p>"<span class="greek" title="Tòn, d' apameibòmenos prosephề pódas ôkỳs Achilleus">Τὸν, δ' απαμειβὸμενος προσεφὴ πόδας ωκὺς Αχιλλευς</span>, -</p></div></div> - -<p> -and, -</p> - -<div class="poetry-container"> -<div class="poem"> -<p><span class="greek" title="Ton, d' apameibomenós prosephề podas ốkys Achílleus">Τον, δ' απαμειβομενός προσεφὴ ποδας ώκυς Αχίλλευς</span>," -</p></div></div> - -<p> -<span class='pagenum'><a id='Page_115'>115</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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, -<span lang="la"><i>quod hoc</i></span>, 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. -<span class='pagenum'><a id='Page_116'>116</a></span> -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 <span lang="la"><i>de novo</i></span>; and made at last -but an inelegant although faithful version of the sense of the -author. <span lang="es_ES"><i>Dios guarde á V. S. muchos años.</i></span> -</p> - -<h3> -TO DOCTOR VINE UTLEY. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 21, 1819. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 -<span class='pagenum'><a id='Page_117'>117</a></span> -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 -<span lang="la">"<i>nomine mutato, narratur fabula de te</i>."</span> 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. -</p> - -<h3> -TO MR. SPAFFORD. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 11, 1819. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—The interest on the late derangement of my health -which was so kindly expressed by many, could not but be gratifying -<span class='pagenum'><a id='Page_118'>118</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_119'>119</a></span> -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. -</p> - -<h3> -TO S. A. WELLS, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 12, 1819. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 -<span class='pagenum'><a id='Page_120'>120</a></span> -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 <i>between -the legislatures of the different colonies</i>." 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 -<span class='pagenum'><a id='Page_121'>121</a></span> -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. -</p> - -<p> -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 <span lang="la"><i>secundum subjectam materiem</i></span>. -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, -<span class='pagenum'><a id='Page_122'>122</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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: -</p> - -<p> -"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 -<span class='pagenum'><a id='Page_123'>123</a></span> -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. -</p> - -<p> -"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 -<span class='pagenum'><a id='Page_124'>124</a></span> -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.] -</p> - -<p> -"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. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_125'>125</a></span> -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 <i>the House</i> 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. -</p> - -<p> -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. -</p> - -<p> -With a view to correct errors of fact before they become inveterate -<span class='pagenum'><a id='Page_126'>126</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -With sentiments of sincere veneration for his memory, accept -yourself this tribute to it with the assurances of my great respect. -</p> - -<p class="p2"> -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 -<span class='pagenum'><a id='Page_127'>127</a></span> -copy of my letter to Mr. Wells, to prevent confounding the signature -of the original with that of the copy engrossed on parchment. -</p> - -<h3> -TO EZRA STYLES, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 25, 1819. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_128'>128</a></span> -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. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, July 9, 1819. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_129'>129</a></span> -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 -<span class='pagenum'><a id='Page_130'>130</a></span> -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. -</p> - -<p> -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 <span lang="la"><i>vinculum</i></span> of the <span lang="la"><i>dulce natale solum</i></span>. 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. -</p> - -<p> -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. -</p> - -<h3> -TO JOHN BRAZIER, THE AUTHOR OF THE REVIEW OF PICKERING ON -GREEK PRONUNCIATION. -</h3> - -<p class="letter_head"> -<span class="smcap">Poplar Forest</span>, August 24, 1819. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 -<span class='pagenum'><a id='Page_131'>131</a></span> -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. -</p> - -<p> -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 <i>ennui</i>, 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_132'>132</a></span> -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 -<span class='pagenum'><a id='Page_133'>133</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO JUDGE ROANE. -</h3> - -<p class="letter_head"> -<span class="smcap">Poplar Forest</span>, September 6, 1819. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_134'>134</a></span> -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. -</p> - -<p> -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 <i>to the other departments</i> 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 <span lang="la"><i>felo -de se</i></span>. 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. -<span class='pagenum'><a id='Page_135'>135</a></span> -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. -</p> - -<p> -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 <span lang="la"><i>posse</i></span> only, but not in <span lang="la"><i>esse</i></span>, and I withheld -delivery of the commissions. They cannot issue a mandamus -to the President or legislature, or to any of their officers.<a name='FA_3' id='FA_3' href='#FN_3' class='fnanchor'>[3]</a> -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, <span lang="la"><i>antenati</i></span>, -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 -<span class='pagenum'><a id='Page_136'>136</a></span> -federalist, and these decisions were made during the federal ascendancy. -</p> - -<p> -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 <i>summum bonum</i> 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, "<span lang="la"><i>quadragenis stipendiis -emeritis</i></span>," 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 <span lang="la"><i>nunc demittas</i></span>. 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. -<span class='pagenum'><a id='Page_137'>137</a></span> -</p> - -<h3> -TO MR. MOORE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, September 22, 1819. -</p> - -<p> -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 <i>in toto</i>. I could -not believe that the ancient Greeks had provided six different -notations for the simple sound of <span class="greek" title="i">ι</span>, iota, and left the five other -sounds which we give to <span class="greek" title="n">η</span>, <span class="greek" title="u">υ</span>, <span class="greek" title="ei">ει</span>, <span class="greek" title="oi">οι</span>, <span class="greek" title="ui">υι</span>, without any characters -of notation at all. I could not acknowledge the <span class="greek" title="u">υ</span>, upsillon, as -an equivalent to our <i>v</i>, as in <span class="greek" title="Achilleus">Αχιλλευς</span>, which they pronounce -Achillevs, nor the <span class="greek" title="g">γ</span> gamma, to our <i>y</i>, as in <span class="greek" title="alge'">αλγε'</span>, 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 <span class="greek" title="b">β</span>, <span class="greek" title="d">δ</span>, <span class="greek" title="ch">χ</span>, their sounds do not revolt us, -nor impair the beauty of the language. -</p> - -<p> -If we adhere to the Erasmian pronunciation, we must go to -Italy for it, as we must do for the most probably correct pronunciation -<span class='pagenum'><a id='Page_138'>138</a></span> -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. -</p> - -<h3> -TO MR. SHORT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, October 31, 1819. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_139'>139</a></span> -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,<a name='FA_4' id='FA_4' href='#FN_4' class='fnanchor'>[4]</a> -invented by ultra-Christian sects, unauthorized by a single word -ever uttered by him, is a most desirable object, and one to which -<span class='pagenum'><a id='Page_140'>140</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_141'>141</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. <span lang="la"><i>Vale, et tibi persuade carissimum -te esse mihi.</i></span> -</p> - -<h3> -<i>Syllabus of the doctrines of Epicurus.</i> -</h3> - -<p> -<i>Physical.</i>—The Universe eternal. -</p> - -<p> -Its parts, great and small, interchangeable. -</p> - -<p> -Matter and Void alone. -</p> - -<p> -Motion inherent in matter which is weighty and declining. -</p> - -<p> -Eternal circulation of the elements of bodies. -</p> - -<p> -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. -</p> - -<p> -<i>Moral.</i>—Happiness the aim of life. -</p> - -<p> -Virtue the foundation of happiness. -</p> - -<p> -Utility the test of virtue. -</p> - -<p> -Pleasure active and In-do-lent. -</p> - -<p> -In-do-lence is the absence of pain, the true felicity. -</p> - -<p> -Active, consists in agreeable motion; it is not happiness, but -the means to produce it. -</p> - -<p> -<span class='pagenum'><a id='Page_142'>142</a></span> -Thus the absence of hunger is an article of felicity; eating -the means to obtain it. -</p> - -<p> -The <span lang="la"><i>summum bonum</i></span> is to be not pained in body, nor troubled -in mind. -</p> - -<p> -<i>i. e.</i> In-do-lence of body, tranquillity of mind. -</p> - -<p> -To procure tranquillity of mind we must avoid desire and fear, -the two principal diseases of the mind. -</p> - -<p> -Man is a free agent. -</p> - -<p> -Virtue consists in 1. Prudence. 2. Temperance. 3. Fortitude. -4. Justice. -</p> - -<p> -To which are opposed, 1. Folly. 2. Desire. 3. Fear. 4. Deceit. -</p> - -<h3> -TO J. ADAMS, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 7, 1819. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—Three long and dangerous illnesses within the last -twelve months, must apologize for my long silence towards you. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_143'>143</a></span> -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. -</p> - -<h3> -TO COLONEL JOHN NICHOLAS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 10, 1819. -</p> - -<p> -<span class='smcap'>Sir</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_144'>144</a></span> -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, -<span class='pagenum'><a id='Page_145'>145</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO MR. RIVES. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 28, 1819. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_146'>146</a></span> -by the eternal suppression of bank <i>paper</i>, 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. <span lang="la"><i>Vale, et tibi persuade carissimum te mihi esse.</i></span> -</p> - -<p> -<i>Plan for reducing the circulating medium.</i> -</p> - -<p> -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 <span lang="la">in equilibrio</span> with -that of the nations with which we have commerce. -</p> - -<p> -To effect this, -</p> - -<p> -Let the whole of the present paper medium be suspended in -its circulation after a certain and not distant day. -</p> - -<p> -Ascertain by proper inquiry the greatest sum of it which has -at any one time been in actual circulation. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -Make it a high offence to receive or pass within this State a -note of any other. -</p> - -<p> -There is little doubt that our banks will agree readily to this -operation; if they refuse, declare their charters forfeited by their -<span class='pagenum'><a id='Page_147'>147</a></span> -former irregularities, and give summary process against them for -the suspended notes. -</p> - -<p> -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, <i>e. g.</i>) for settling amicably the question -of their right to institute a bank, and that also of the States -to do the same. -</p> - -<p> -A stay-law for the suspension of executions, and their discharge -at five annual instalments, should be accommodated to these -measures. -</p> - -<p> -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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_148'>148</a></span> -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, December 10, 1819. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. <span lang="la"><i>Sed -hæc hactenus.</i></span> -</p> - -<p> -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 <i>restore it</i>, 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 -<span class='pagenum'><a id='Page_149'>149</a></span> -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 <span lang="la"><i>ab incunabulis</i></span>. 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, <span lang="la"><i>et eris mihi -magnus Apollo. Cura ut valeas, et tibi persuadeas carissimum -te mihi esse.</i></span> -<span class='pagenum'><a id='Page_150'>150</a></span> -</p> - -<h3> -JOHN ADAMS TO THOMAS JEFFERSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Montezillo</span>, December 21, 1819. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—I must answer your great question of the 10th -in the words of Dalembert to his correspondent, who asked him -what is matter—"<span lang="fr_FR"><i>Je vous avoue je ne sçais rien</i></span>." 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. -</p> - -<p> -<span lang="fr_FR"><i>Mais je n'en crois rien.</i></span> 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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_151'>151</a></span> -empire, and our free institution; and I say as devoutly as father -Paul, <span lang="la"><i>estor perpetua</i></span>, 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. -</p> - -<p> -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, <span lang="la"><i>victam -que ulcissitur orbem</i></span>. -</p> - -<p> -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, -</p> - -<h3> -TO H. NELSON, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 12, 1820. -</p> - -<p> -I thank you, dear Sir, for the information in your favor of the -4th instant, of the settlement, <i>for the present</i>, 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 -<span class='pagenum'><a id='Page_152'>152</a></span> -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. -</p> - -<h3> -TO MR. ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 14, 1820. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_153'>153</a></span> -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 <span lang="fr_FR">Physique et -Morale de l'Homme</span>, 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 -<span class='pagenum'><a id='Page_154'>154</a></span> -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 <span lang="la">"<i>qui summum nec metuit -diem nec optat</i>."</span> In the meantime be our last as cordial as were -our first affections. -</p> - -<h3> -TO THE HONORABLE MARK LANGDON HILL. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, April 5, 1820. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 <i>summum bonum</i> of old age -and ill health, and nothing could so much disturb this with me -<span class='pagenum'><a id='Page_155'>155</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO WILLIAM SHORT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, April 13, 1820. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 <i>his</i> 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_156'>156</a></span> -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 <i>his</i> doctrines, not <i>all</i> of <i>mine</i>. I read -them as I do those of other ancient and modern moralists, with -a mixture of approbation and dissent. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_157'>157</a></span> -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 <i>alma mater</i>, 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, <i>by law</i>, that holy -inquisition, which they can now only infuse into <i>public opinion</i>. -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 <span lang="la"><i>in ovo</i></span>? -</p> - -<p> -<span class='pagenum'><a id='Page_158'>158</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -I salute you with constant and affectionate friendship and respect. -<span class='pagenum'><a id='Page_159'>159</a></span> -</p> - -<h3> -TO JOHN HOLMES. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, April 22, 1820. -</p> - -<p> -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 <i>practicable</i> 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 <i>expatriation</i> 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 -<span class='pagenum'><a id='Page_160'>160</a></span> -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? -</p> - -<p> -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. -</p> - -<h3> -TO THE PRESIDENT OF THE UNITED STATES. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 14, 1820. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_161'>161</a></span> -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 <span lang="es_ES"><i>muchos años</i></span> -</p> - -<h3> -TO GENERAL TAYLOR. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 16, 1820. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_162'>162</a></span> -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. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_163'>163</a></span> -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 -<span class='pagenum'><a id='Page_164'>164</a></span> -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." -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -TO WILLIAM SHORT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, August 4, 1820. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_165'>165</a></span> -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 <span lang="la"><i>ignus fatui</i></span>, 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 -<span class='pagenum'><a id='Page_166'>166</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_167'>167</a></span> -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, <span lang="la"><i>ad homines</i></span>, 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, -<span class='pagenum'><a id='Page_168'>168</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_169'>169</a></span> -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. -</p> - -<p class="center"> -* * * * * * * * -</p> - -<p> -Accept assurances of the sincerity of my friendship and respect -for you. -</p> - -<h3> -TO DOCTOR COOPER. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, August 14, 1820. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_170'>170</a></span> -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 <i>science of mind</i>, the simple -reading of Locke, Tracy, and Stewart, will give him as much -in that branch as is <i>real</i> science. A relation of his (Mr. Baker) -and classmate will go with him. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_171'>171</a></span> -extending it even to the Creator himself; nor indeed do I -know exactly<a name='FA_5' id='FA_5' href='#FN_5' class='fnanchor'>[5]</a> in what age of the christian church the heresy -of spiritualism was introduced. Huet, in his commentaries on -Origen,<a name='FA_6' id='FA_6' href='#FN_6' class='fnanchor'>[6]</a> says, <span lang="la">"Deus igitur, cui anima similis est, juxta Origenem, -reapse corporalis est, sed graviorum tantum ratione corporum incorporeus."</span><a name='FA_7' id='FA_7' href='#FN_7' class='fnanchor'>[7]</a> -St. Macari,<a name='FA_8' id='FA_8' href='#FN_8' class='fnanchor'>[8]</a> as speaking of angels says, <span lang="la">"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."</span><a name='FA_9' id='FA_9' href='#FN_9' class='fnanchor'>[9]</a> St. Justin -martyr says expressly "<span class="greek" title="to theion phamen einai asômaton, ouk de estin asômaton">το θειον φαμεν ειναι ασωματον, ουκ δε εστιν ασωματον</span>." -</p> - -<p> -Tertullian's words are, <span lang="la">"quid enim Deus nisi corpus?"</span> and -again, <span lang="la">"quis autem negabit Deum esse corpus? et si deus spiritus, -spiritus etiam corpus est sui generis, in suâ effigie,"</span> and that the -soul is matter he adduces the following tangible proof: <span lang="la">"in ipso -ultimo voluptatis aestu, quo genitale virus expellitur, nonne aliquid -de animâ sentimus exire?"</span><a name='FA_10' id='FA_10' href='#FN_10' class='fnanchor'>[10]</a> 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,<a name='FA_11' id='FA_11' href='#FN_11' class='fnanchor'>[11]</a> 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_172'>172</a></span> -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 <span lang="la"><i>multos annos</i></span>. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, August 15, 1820. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_173'>173</a></span> -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 <i>few weeks</i> 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. -</p> - -<p> -<span class='pagenum'><a id='Page_174'>174</a></span> -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 <span lang="la"><i>Arbor scientiæ</i></span>, 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 <i>location</i> -under the head of pure mathematics. For this word <i>location</i>, -see Bailey, Johnson, Sheridan, Walker, &c. But if dictionaries -are to be the arbiters of language, in which of them shall we find -<i>neologism</i>. 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, <i>centrality</i>, -<i>grade</i>, <i>sparse</i>; all which have been long used in common -speech and writing. I am a friend to <i>neology</i>. It is the only -way to give to a language copiousness and euphony. Without -<span class='pagenum'><a id='Page_175'>175</a></span> -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 <i>ad infinitum</i>. 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. <span class="greek" title="Adelphos, adelphê, adelphidion, -adelphotês, adelphixis, adelphidous, adelphikos, adelphizô, adelphikôs.">Αδελφος, αδελφη, αδελφιδιον, -αδελφοτης, αδελφιξις, αδελφιδους, αδελφικος, αδελφιζω, αδελφικως.</span> And -this should be the law of every language. Thus, having adopted -the adjective <i>fraternal</i>, it is a root which should legitimate <i>fraternity</i>, -<i>fraternation</i>, <i>fraternisation</i>, <i>fraternism</i>, <i>to fraternate</i>, -<i>fraternise</i>, <i>fraternally</i>. And give the word <i>neologism</i> to our -language, as a root, and it should give us its fellow substantives, -<i>neology</i>, <i>neologist</i>, <i>neologisation</i>; its adjectives, <i>neologous</i>, <i>neological</i>, -<i>neologistical</i>; its verb, <i>neologise</i>; and adverb, <i>neologically</i>. -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. -</p> - -<p> -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 <i>matter</i>. I feel them changing -<span class='pagenum'><a id='Page_176'>176</a></span> -place. This gives me <i>motion</i>. Where there is an absence -of matter, I call it <i>void</i>, or <i>nothing</i>, or <i>immaterial space</i>. 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 <i>thought</i> -to be an action of a particular organization of matter, formed for -that purpose by its creator, as well as that <i>attraction</i> is an action -of matter, or <i>magnetism</i> of loadstone. When he who denies to -the Creator the power of endowing matter with the mode of action -called <i>thinking</i>, shall show how he could endow the sun -with the mode of action called <i>attraction</i>, 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 <i>immaterial</i> -existences, is to talk of <i>nothings</i>. To say that the human soul, -angels, God, are immaterial, is to say, they are <i>nothings</i>, 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<a name='FA_12' id='FA_12' href='#FN_12' class='fnanchor'>[12]</a> of the -Christian church this heresy of <i>immaterialism</i>, 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 <i>matter</i>. 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, <span lang="la">"Deus se ipse corporalis -est; sed graviorum tantum corporum ratione, incorporeus."</span> -Tertullian, <span lang="la">"quid enim deus nisi corpus?"</span> And again, <span lang="la">"quis -negabit deum esse corpus? Etsi deus spiritus, spiritus etiam -corpus est, sui generis in sua effigie."</span> St. Justin Martyr, <span class="greek" title="to -theion phamen einai asômaton; ouch 'hoti asômaton'—epeidê de to mê krateisthai -hypo tinos tou krateisthai timiôteron esti dia touto kaloumen auton asômaton.">"το -θειον φαμεν ειναι ασωματον· ουχ 'οτι ασωματον'—επειδη δε το μη κρατεισθαι -ὑπο τινος του κρατεισθαι τιμιωτερον εστι δια τουτο καλουμεν αυτον ασωματον."</span> -And St. Macarius, speaking of angels, says, <span lang="la">"quamvis enim subtilia -sint, tamen in substantia, forma et figurâ, secundum tenuitatem -naturæ eorum, corpora sunt tenuia."</span> -<span class='pagenum'><a id='Page_177'>177</a></span> -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 <span lang="la"><i>de hæretico comburendo</i></span> 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. -</p> - -<p> -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. -</p> - -<h3> -TO MR. JARVIS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, September 28, 1820. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_178'>178</a></span> -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 <span lang="la">"<i>boni judicis -est ampliare jurisdictionem</i>,"</span> 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 -<span class='pagenum'><a id='Page_179'>179</a></span> -organs. The judges certainly have more frequent occasion -to act on constitutional questions, because the laws of <span lang="la"><i>meum</i></span> and -<span lang="la"><i>tuum</i></span> 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. -</p> - -<h3> -TO MR PINCKNEY. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, September 30, 1820. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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, -<span class='pagenum'><a id='Page_180'>180</a></span> -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 <span lang="la"><i>primâ facie</i></span> opinions on them, but without investigation. -As to the tariff, I should say put down all banks, admit none but -a <i>metallic circulation</i>, 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 -<span class='pagenum'><a id='Page_181'>181</a></span> -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. -</p> - -<h3> -TO RICHARD RUSH, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, October 20, 1820. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<i>honest</i> 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 <i>honest</i> -correspondent in that line, because, when we begin to import for -the library of our Universary, we shall need one worthy of entire -confidence. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_182'>182</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_183'>183</a></span> -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. -</p> - -<h3> -TO MR. CORREA. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, October 24, 1820. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_184'>184</a></span> -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 -<span class='pagenum'><a id='Page_185'>185</a></span> -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. -</p> - -<h3> -TO THE REVEREND JARED SPARKS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 4, 1820. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 -<span class='pagenum'><a id='Page_186'>186</a></span> -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 <i>in theory</i>, -can ever rise <i>in practice</i> 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. -</p> - -<h3> -TO JOSEPH C. CABELL. -</h3> - -<p class="letter_head"> -<span class="smcap">Poplar Forest</span>, November 28, 1820. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -Surely Governor Clinton's display of the gigantic efforts of -<span class='pagenum'><a id='Page_187'>187</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_188'>188</a></span> -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 -<span class='pagenum'><a id='Page_189'>189</a></span> -will amount for the whole to thirty thousand dollars a year, the -one-half only of our literary revenue. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -Accept the assurances of my constant and affectionate esteem -and respect. -<span class='pagenum'><a id='Page_190'>190</a></span> -</p> - -<h3> -TO MR. MADISON. -</h3> - -<p class="letter_head"> -<span class="smcap">Poplar Forest</span>, November 29, 1820. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_191'>191</a></span> -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. -</p> - -<h3> -TO THOMAS RITCHIE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, December 25, 1820. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -<span class='pagenum'><a id='Page_192'>192</a></span> -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, <span lang="la">"<i>boni judicis est ampliare jurisdictionem</i>."</span> -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 <span lang="la"><i>seriatim</i></span>, -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 <span lang="la"><i>seriatim</i></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_193'>193</a></span> -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. -</p> - -<p> -I salute you with sentiments of great friendship and respect. -</p> - -<h3> -TO M. DE LA FAYETTE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, December 26, 1820. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_194'>194</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_195'>195</a></span> -pretenders to exclusive humanity. In the meantime, it is a ladder -for rivals climbing to power. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -TO MR. ROSCOE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, December 27, 1820. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_196'>196</a></span> -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. -</p> - -<p> -We are looking with wonder at what is passing among you. -It -</p> - -<div class="poetry-container"> -<div class="poem"> -<p>"Resembles ocean into tempest wrought,</p> -<p>To waft a feather, or to drown a fly."</p> -</div></div> - -<p> -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 -<span class='pagenum'><a id='Page_197'>197</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO FRANCIS EPPES. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 19, 1821. -</p> - -<p> -<span class='smcap'>Dear Francis</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_198'>198</a></span> -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. -</p> - -<p> -You have asked my opinion of these persons, and, <i>to you</i>, 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. -</p> - -<h3> -TO ARCHIBALD THWEAT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 19, 1821. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_199'>199</a></span> -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. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 22, 1821. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_200'>200</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_201'>201</a></span> -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, <i>habeas corpus</i> 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. -</p> - -<h3> -TO JOSEPH C. CABELL. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 31, 1821. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_202'>202</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_203'>203</a></span> -our college of visitors could justifiably withdraw from this sacred -duty, it would be myself, who, <span lang="la"><i>quadragenis stipendiis jamdudum -peractis</i></span>, 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, <span lang="la">"<i>nunc dimittas, -Domine</i>."</span> Under all circumstances, however, of praise -or blame, I shall be affectionately yours. -</p> - -<h3> -TO JARED MANSFIELD, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 13, 1821. -</p> - -<p> -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, <span lang="fr_FR">"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 -<span class='pagenum'><a id='Page_204'>204</a></span> -de dents que j'avais est parti."</span> 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. -</p> - -<p> -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. -</p> - -<h3> -TO GENERAL BRECKENRIDGE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 15, 1821. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_205'>205</a></span> -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 -<span class='pagenum'><a id='Page_206'>206</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -TO DABNEY TERRELL, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 26, 1821. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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, -<span lang="la"><i>ore tenus</i></span>, <span class='pagenum'><a id='Page_207'>207</a></span> -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,<a name='FA_13' id='FA_13' href='#FN_13' class='fnanchor'>[13]</a> 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. -</p> - -<p> -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 -</p> - -<p> -1st. Begin with <a name='FA_14' id='FA_14' href='#FN_14' class='fnanchor'>[14]</a>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. -</p> - -<p> -<span class='pagenum'><a id='Page_208'>208</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -This course comprehends about twenty-six 8vo volumes, and -reading four or five hours a day would employ about two years. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_209'>209</a></span> -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. -</p> - -<p class="center"> -* * * * * * * * -</p> - -<p> -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 <span lang="la">de Jure Maritimo.</span> Brown's Compend. of the -Civil and Admiralty Law, 2 vols. 8vo. The <span lang="la">Jura Ecclesiastica,</span> -2 vols. 8vo. And Les Institutions du droit de la Nature et des -Gens de Reyneval, 1 vol. 8vo. -</p> - -<p> -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. -</p> - -<p> -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, <span lang="la"><i>unâ -voce</i></span>, desires me to convey theirs with my own affectionate salutations. -<span class='pagenum'><a id='Page_210'>210</a></span> -</p> - -<h3> -TO TIMOTHY PICKERING, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 27, 1821. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_211'>211</a></span> -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. -</p> - -<p> -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, <span lang="la"><i>da operam ut -valeas; hoc mihi gratius facere nihil potes</i></span>. -</p> - -<h3> -TO JUDGE ROANE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 9, 1821. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -<span class='pagenum'><a id='Page_212'>212</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -TO JUDGE ROANE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 27, 1821. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—I have received through the hands of the Governor, -Colonel Taylor's letter to you. It is with extreme reluctance -<span class='pagenum'><a id='Page_213'>213</a></span> -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 <i>with my consent</i>. 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. -</p> - -<h3> -EXTRACT OF A LETTER FROM TH: JEFFERSON TO ——. -</h3> - -<p> -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 <i>foreign</i> and domestic; and -<span class='pagenum'><a id='Page_214'>214</a></span> -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 <span lang="la"><i>jus fortioris</i></span>, or the cannon's mouth, the -<span lang="la"><i>ultima et sola ratio regum</i></span>. -</p> - -<h3> -TO GENERAL DEARBORNE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, August 17, 1821. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_215'>215</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -TO MR. C. HAMMOND. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, August 18, 1821. -</p> - -<p> -<span class='smcap'>Sir</span>,—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, -<span class='pagenum'><a id='Page_216'>216</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_217'>217</a></span> -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. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, September 12, 1821. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_218'>218</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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, <span lang="fr_FR"><i>et c'est ainsi que l'on ecrit l'histoire</i></span>! -</p> - -<p> -<span class='pagenum'><a id='Page_219'>219</a></span> -Your doubt of the legitimacy of the word <span lang="la"><i>gloriola</i></span>, is resolved -by Cicero, who, in his letter to Lucceius expresses a wish "<span lang="la"><i>ut -nos metipsi vivi gloriola nostra perfruamur</i></span>." Affectionately -adieu. -</p> - -<h3> -JOHN ADAMS TO THOMAS JEFFERSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Montezillo</span>, September 24, 1821. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_220'>220</a></span> -and rake the ashes over the coals." And much satisfaction may -you have in your office. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -TO ——. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, September 28, 1821. -</p> - -<p> -<span class='smcap'>Sir</span>,—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. -<span class='pagenum'><a id='Page_221'>221</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_222'>222</a></span> -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. -</p> - -<h3> -TO NATHANIEL MACON. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 23, 1821. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 <i>well-tried friends</i>," I have no objection to that, but ultimately -you cannot do better than to throw it into the fire. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_223'>223</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO ——. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 29, 1821. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -<span class='pagenum'><a id='Page_224'>224</a></span> -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 -<span class='pagenum'><a id='Page_225'>225</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_226'>226</a></span> -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. -</p> - -<p> -A method of finding the longitude of a place <i>at land, without -a time-keeper</i>. -</p> - -<p> -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. -</p> - -<p> -The observer at Washington, choosing the time when their -<span class='pagenum'><a id='Page_227'>227</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -Case 1st. When the moon is on his meridian, or on that of -Greenwich. -</p> - -<p> -Second. When the star is on either meridian. -</p> - -<p> -Third. When the moon and star are on the same side of his -meridian. -</p> - -<p> -Fourth. When they are on different sides. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_228'>228</a></span> -the notation of altitudes unnecessary, and dispenses with the -use of either a time-keeper or portable pendulum. -</p> - -<p> -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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_229'>229</a></span> -</p> - -<h3> -TO —— NICHOLAS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, December 11, 1821. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_230'>230</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO MESSRS. GEORGE W. SUMMERS AND JOHN B. GARLAND. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 27, 1822. -</p> - -<p> -<span class='smcap'>Gentlemen</span>,—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 -<span class='pagenum'><a id='Page_231'>231</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_232'>232</a></span> -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. -</p> - -<h3> -TO MR. EDWARD EVERETT, OF CAMBRIDGE, MASSACHUSETTS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 2, 1822. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_233'>233</a></span> -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 <i>real</i> 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. -</p> - -<h3> -TO JEDEDIAH MORSE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 6, 1822. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 -<span class='pagenum'><a id='Page_234'>234</a></span> -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. -</p> - -<p> -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 <i>ex officio</i>; and as many private -individuals as will pay a certain price for membership. Observe, -<span class='pagenum'><a id='Page_235'>235</a></span> -too, that the clergy will constitute<a name='FA_15' id='FA_15' href='#FN_15' class='fnanchor'>[15]</a> 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 <i>strict -limit</i>, 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 <i>real</i>. 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 -<span class='pagenum'><a id='Page_236'>236</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_237'>237</a></span> -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. -</p> - -<h3> -TO GENERAL BRECKENRIDGE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, April 9, 1822. -</p> - -<p> -<span class='smcap'>Dear General</span>,—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. -</p> - -<p> -The four rows of buildings of accommodation are so nearly -<span class='pagenum'><a id='Page_238'>238</a></span> -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, -<span class='pagenum'><a id='Page_239'>239</a></span> -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. -</p> - -<h3> -TO MESSRS. RITCHIE AND GOOCH. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 13, 1822. -</p> - -<p> -<span class='smcap'>Messrs. Ritchie and Gooch</span>,—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 -<span class='pagenum'><a id='Page_240'>240</a></span> -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. -</p> - -<p> -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 <i>provisionally</i> 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 <i>provisional</i> -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 -<span class='pagenum'><a id='Page_241'>241</a></span> -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 -<i>agio</i> to current florins 2,870, and which was charged to him <i>provisionally</i> -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." -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_242'>242</a></span> -$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, "<i>was a palpable -and manifest art of moral turpitude, about which no two -honest, impartial men can possibly differ</i>." 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 -<span class='pagenum'><a id='Page_243'>243</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 1, 1822. -</p> - -<p> -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? -</p> - -<div class="poetry-container"> -<div class="poem"> -<p class="i6">"With lab'ring step</p> -<p>To tread our former footsteps? pace the round</p> -<p>Eternal?—to beat and beat</p> -<p>The beaten track? to see what we have seen,</p> -<p>To taste the tasted? o'er our palates to decant</p> -<p>Another vintage?"</p> -</div></div> - -<p> -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 -<span class='pagenum'><a id='Page_244'>244</a></span> -friends of our youth are all gone, and a generation is risen around -us whom we know not, is death an evil? -</p> - -<div class="poetry-container"> -<div class="poem"> -<p>When one by one our ties are torn,</p> -<p>And friend from friend is snatched forlorn,</p> -<p>When man is left alone to mourn,</p> -<p class="i1">Oh! then how sweet it is to die!</p> -<p>When trembling limbs refuse their weight,</p> -<p>And films slow gathering dim the sight,</p> -<p>When clouds obscure the mental light</p> -<p class="i1">'Tis nature's kindest boon to die!</p> -</div></div> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_245'>245</a></span> -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. -</p> - -<h3> -TO REV. MR. WHITTEMORE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 5, 1822. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_246'>246</a></span> -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. -</p> - -<h3> -TO MESSRS. RITCHIE AND GOOCH. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 10, 1822. -</p> - -<p> -<span class='smcap'>Messrs. Ritchie and Gooch</span>,—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 <i>double -payment</i>, 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 <i>double receipt</i> 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 -<span class='pagenum'><a id='Page_247'>247</a></span> -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. -</p> - -<p> -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, "<i>By cash received of Grand</i> for bill on Willincks, -&c." Now the words "<i>cash received of Grand</i>" 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 <i>very words</i> 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 -<span class='pagenum'><a id='Page_248'>248</a></span> -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 <span lang="la"><i>fac -similies</i></span>. 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 <i>cash</i> 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 <i>under my own hand</i> that <i>I received -the cash</i>. 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: -</p> - -<p> -<a id="page2ref">Page 2</a>, 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 <i>received the</i> '<i>cash</i>,' [placing the word <i>cash</i> between inverted -commas to have it marked particularly as a quotation] -that he had <i>received the</i> '<i>cash</i>' for the bill in question, and he -does not directly deny it now. Will he, can he, in the <i>face of -his own declaration in writing</i> -<span class='pagenum'><a id='Page_249'>249</a></span> -to the contrary, publicly say that -he did not receive the money for this bill in Europe? This is -<i>the point</i> on which the whole matter rests, the <i>pivot</i> 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, -<i>that he did receive the money in Europe</i> on this bill, is proved -by the <i>acknowledgment of the receiver himself</i>, who credits the -amount in his account as settled at the treasury thus: "<i>cash received -of Grand</i> for bill on Willincks, Van Staphorsts, 2,876 -gilders, 1,148 dollars." -</p> - -<p> -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 <i>which he rendered to the Treasury</i>. -In the former he gives the credit thus, "By my bills on -Willincks," &c. In the latter he states, "By <i>cash received of -Grand</i> for bill on Willincks, &c." There is a difference, indeed, -as he states it, but it is made solely by his own interpolation. -</p> - -<p> -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, <i>by his own acknowledgment</i>, sent it to Grand & -Co., and <i>received the money for it</i>, 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. -</p> - -<p> -He proceeds: "And now to place this case beyond the reach -of cavil or doubt, and to show <i>most conclusively</i> that he had -negotiated this bill in Europe, and <i>received the cash</i> 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 -<span class='pagenum'><a id='Page_250'>250</a></span> -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 -<i>more conclusive</i> proof than his own interpolation, that the <i>cash -was received</i>, 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 -<span class='pagenum'><a id='Page_251'>251</a></span> -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. -</p> - -<h3> -TO MR. GOODENOW. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 13, 1822. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 <i>birthright</i>, 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 -<span class='pagenum'><a id='Page_252'>252</a></span> -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. -</p> - -<h3> -TO DOCTOR BENJAMIN WATERHOUSE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 26, 1822. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -1. That there is one only God, and he all perfect. -</p> - -<p> -2. That there is a future state of rewards and punishments. -</p> - -<p> -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. -</p> - -<p> -1. That there are three Gods. -</p> - -<p> -2. That good works, or the love of our neighbour, are nothing. -</p> - -<p> -3. That faith is every thing, and the more incomprehensible -the proposition, the more merit in its faith. -</p> - -<p> -4. That reason in religion is of unlawful use. -</p> - -<p> -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. -</p> - -<p> -Now, which of these is the true and charitable Christian? He -<span class='pagenum'><a id='Page_253'>253</a></span> -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 <span lang="la"><i>deliria</i></span> 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 <i>young man</i> now living in the United States who will not die -an Unitarian. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_254'>254</a></span> -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 27, 1822. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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, <span lang="la">"<i>solvere senescentem, mature sanus equum, ne -peccet ad extremum ridendus</i>."</span> 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 -<span class='pagenum'><a id='Page_255'>255</a></span> -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, <span lang="la"><i>stipendiis omnibus expletis</i></span>, -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. -</p> - -<h3> -TO WILLIAM T. BARRY. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, July 2, 1822. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 -<span class='pagenum'><a id='Page_256'>256</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_257'>257</a></span> -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. -</p> - -<h3> -TO DOCTOR WATERHOUSE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, July 19, 1822. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 <span lang="la"><i>genus irritable vatum</i></span>, 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 <span lang="la"><i>summum bonum</i></span>. 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 -<span class='pagenum'><a id='Page_258'>258</a></span> -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. -</p> - -<h3> -TO MR. THOMAS SKIDMAN. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, August 29, 1822. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_259'>259</a></span> -suggestion on the subject of your proposition, to show my respect -to your request. -</p> - -<p> -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. -</p> - -<h3> -TO MR. GEORGE F. HOPKINS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, September 5, 1822. -</p> - -<p> -<span class='smcap'>Sir</span>,—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. -<span class='pagenum'><a id='Page_260'>260</a></span> -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. -</p> - -<h3> -TO MR. CHILES TERRIL. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, September 25, 1822. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 -<span class='pagenum'><a id='Page_261'>261</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -JOHN ADAMS TO THOMAS JEFFERSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Montezillo</span>, October 15, 1822. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—I have long entertained scruples about writing this -letter, upon a subject of some delicacy. But old age has overcome -them at last. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_262'>262</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_263'>263</a></span> -and arming ships for the English. <span lang="la">"<i>Si quid novisti rectius istis -candidus imperti; si non, his utere mecum.</i>"</span> -</p> - -<p> -If I am in error in any particular, pray correct your humble -servant. -</p> - -<h3> -TO MR. CORNELIUS CAMDEN BLATCHLY. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, October 21, 1822. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 -<span class='pagenum'><a id='Page_264'>264</a></span> -kind expressions of your letter towards myself, I salute you with -assurances of great esteem and respect. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 1, 1822. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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, -<span class='pagenum'><a id='Page_265'>265</a></span> -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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_266'>266</a></span> -</p> - -<h3> -TO DOCTOR COOPER. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 2, 1822. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_267'>267</a></span> -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. -</p> - -<p> -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 <i>all</i> 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_268'>268</a></span> -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. -</p> - -<p> -I salute you with constant friendship and respect. -</p> - -<h3> -TO JOHN CAMPBELL, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 10, 1822. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 -<span class='pagenum'><a id='Page_269'>269</a></span> -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> - -<p class="p2"> -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. -</p> - -<h3> -TO JAMES SMITH. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, December 8, 1822. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 -<span class='pagenum'><a id='Page_270'>270</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO MR. EDWARD EVERETT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 24, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 <i>provisions</i> 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 -<span class='pagenum'><a id='Page_271'>271</a></span> -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 -<span class='pagenum'><a id='Page_272'>272</a></span> -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. -</p> - -<p> -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 <span class="greek" title="ptôsis aphairetikê">πτωσις αφαιρετικη</span>, 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 <span class="greek" title="aphairematikos">αφαιρεματικος</span>. That the Greeks used it cannot be denied. -For one of multiplied examples which maybe produced take the -following from the Hippolytus of Euripides: "<span class="greek" title="eipe tô tropô, dikês -Epaisen auton rhoptron">ειπε τῳ τροπῳ, δικης -Επαισεν αυτον ροπτρον</span>," <span lang="la">"dic quo modo justitiæ clava percussit -eum,"</span> <span lang="la">"quo modo"</span> are Ablatives, then why not <span class="greek" title="tô tropô">τω τροπῳ</span>? And -translating it into English, should we use the <a name='FA_16' id='FA_16' href='#FN_16' class='fnanchor'>[16]</a>Dative or Ablative -preposition? It is not perhaps easy to define very critically -<span class='pagenum'><a id='Page_273'>273</a></span> -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, <i>to</i> a thing, and <i>from</i> 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 <i>to</i> tyrants is obedience to God." -Correct its syntax, "Rebellion <i>against</i> 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 -<span class='pagenum'><a id='Page_274'>274</a></span> -these speculations; I hazard them without confidence, and offer -them submissively to your consideration and more practised -judgment. -</p> - -<p> -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. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 25, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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, -<span class='pagenum'><a id='Page_275'>275</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_276'>276</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -God bless you and continue your good health of body and mind. -</p> - -<h3> -TO JUDGE JOHNSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 4, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_277'>277</a></span> -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 -<span class='pagenum'><a id='Page_278'>278</a></span> -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. -</p> - -<p> -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 <span lang="la"><i>seriatim</i></span> 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_279'>279</a></span> -three concurrent opinions out of four gives a strong presumption -of right. -</p> - -<p> -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. -</p> - -<h3> -JOHN ADAMS TO THOMAS JEFFERSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Quincy</span>, March 10, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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, <span lang="fr_FR"><i>Mon dieu, -jusqu'à quand</i></span>. 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: -</p> - -<div class="poetry-container"> -<div class="poem"> -<p>"Why mourns the bard, Apollo bids thee rise,</p> -<p>Renounce the dust, and claim thy native skies."</p> -</div></div> - -<p> -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. -</p> - -<p> -Neither France, Austria, or Spain, ought to have a foot of land -in Italy. All conquerors are alike. Every one of them. <span lang="la"><i>Jura -negat sibi lati, nihil non arrogat armis.</i></span> We have nothing but -<span class='pagenum'><a id='Page_280'>280</a></span> -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. -</p> - -<p> -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; <span lang="fr_FR"><i>et pour mettre chacun à sa place dans l'universe</i></span>, and -I doubt not he will. -</p> - -<p> -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. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, April 11, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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, <span lang="fr_FR">"<i>Mon Dieu! jusqu'à quand!</i>"</span> would -<span class='pagenum'><a id='Page_281'>281</a></span> -make me immortal. I can never join Calvin in addressing <i>his -God</i>. 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 <i>gain de cause</i> 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 -<span class='pagenum'><a id='Page_282'>282</a></span> -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: -<span lang="la">"<i>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.</i>"</span>—Cardinal Toleta. -</p> - -<p> -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: <span class="greek" title="pneuma ho theos">πνευμα ὁ θεος</span> Down to the third century, we -know it was still deemed material; but of a lighter, subtler matter -<span class='pagenum'><a id='Page_283'>283</a></span> -than our gross bodies. So says Origen, <span lang="la">"<i>Deus igitur, cui -anima similis est, juxta originem, reapte corporalis est; sed -graviorum tantum ratione corporum incorporeus</i>."</span> These are -the words of Huet in his commentary on Origen. Origen himself -says, <span lang="la">"<i>appellatio</i></span> <span class="greek" title="asômatou">ασωματου</span> <span lang="la"><i>apud nostros scriptores est inusitata -et incognita</i></span>." So also Tertullian; <span lang="la">"<i>quis autem negabit -deum esse corpus etsi deus spiritus? Spiritus etiam corporis -sui generis, in sua effigie.</i>"</span>—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: <span class="greek" title="En archê ên ho -logos, kai ho logos ên pros ton Theon, kai Theos ên ho logos. Houtos ên en archê pros -ton Theon. Panta di' autou egeneto; kai chôris autou egeneto oude hen, ho gegonen.">"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."</span> -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 <span class="greek" title="logos">λογος</span>. 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 -<span class='pagenum'><a id='Page_284'>284</a></span> -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. -</p> - -<p> -So much for your quotation of Calvin's <span lang="fr_FR">"<i>mon Dieu! jusqu'à -quand!</i>"</span> 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." -</p> - -<h3> -TO GENERAL SAMUEL SMITH. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 3, 1823. -</p> - -<p> -<span class='smcap'>Dear General</span>,—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 <i>then</i> equal to our existing debts. -It was clearly foreseen also that the surplus from excise would -<span class='pagenum'><a id='Page_285'>285</a></span> -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 <span lang="la"><i>ad valorem</i></span> 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 -<span class='pagenum'><a id='Page_286'>286</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO MR. MEGEAR. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 29, 1823. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_287'>287</a></span> -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. -</p> - -<h3> -TO THE PRESIDENT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 11, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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, -<span class='pagenum'><a id='Page_288'>288</a></span> -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, <i>except</i> 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; -<span class='pagenum'><a id='Page_289'>289</a></span> -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. -</p> - -<p> -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 -<span lang="fr_FR">"<i>sauve qui peut</i>."</span> 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 -<span class='pagenum'><a id='Page_290'>290</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO JUDGE JOHNSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 12, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_291'>291</a></span> -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 -<span class='pagenum'><a id='Page_292'>292</a></span> -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! -</p> - -<p> -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, -<span class='pagenum'><a id='Page_293'>293</a></span> -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. -</p> - -<p> -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 <i>revolution</i>. -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? -</p> - -<p> -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 -<span class='pagenum'><a id='Page_294'>294</a></span> -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 <i>could</i> 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 -<span class='pagenum'><a id='Page_295'>295</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_296'>296</a></span> -of a deed. Although signed and sealed, yet as long as it remains -in the hands of the party himself, it is in <span lang="la"><i>fieri</i></span> 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 <i>obiter</i> dissertation -of the Chief Justice. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_297'>297</a></span> -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. -</p> - -<p> -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, <span lang="la"><i>torto collo</i></span>, like Bonaparte's -volunteers, into the field in chains, or that a power has been -given, because it ought to have been given, <span lang="la"><i>et alia talia</i></span>. 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 -<span class='pagenum'><a id='Page_298'>298</a></span> -Washington, where, further withdrawn from the eyes of the people, -they may more secretly he bought and sold as at market. -</p> - -<p> -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. -</p> - -<p> -I rejoice in the example you set of <span lang="la"><i>seriatim</i></span> 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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_299'>299</a></span> -</p> - -<h3> -TO PRESIDENT MONROE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 23, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_300'>300</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO GEORGE TICKNOR. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, July 16, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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>i. e.</i> 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 -<span class='pagenum'><a id='Page_301'>301</a></span> -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 -<span class='pagenum'><a id='Page_302'>302</a></span> -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? -</p> - -<p> -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. -</p> - -<p> -Our family all join me in assurances of our friendly esteem -and great respect. -</p> - -<h3> -JOHN ADAMS TO THOMAS JEFFERSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Quincy</span>, August 15, 1823. -</p> - -<p> -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. -</p> - -<p> -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 -<span lang="fr_FR"><i>sang froid</i></span>. 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 -<span class='pagenum'><a id='Page_303'>303</a></span> -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 -<span class='pagenum'><a id='Page_304'>304</a></span> -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. -</p> - -<h3> -TO JAMES MADISON. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, August 30, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 <i>separately</i> -<span class='pagenum'><a id='Page_305'>305</a></span> -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? -</p> - -<p> -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 -<span class='pagenum'><a id='Page_306'>306</a></span> -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. -</p> - -<p> -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 <i>especially</i> 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. -<span class='pagenum'><a id='Page_307'>307</a></span> -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, September 4, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_308'>308</a></span> -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. -</p> - -<p> -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 <i>accident</i>. 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 <i>accident</i> appears in the case. -This error of fact, however, whether yours or mine, is of little -<span class='pagenum'><a id='Page_309'>309</a></span> -consequence to the public. But truth being as cheap as error, it -is as well to rectify it for our own satisfaction. -</p> - -<p> -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. -</p> - -<h3> -TO WILLIAM SHORT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, September 8, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_310'>310</a></span> -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 <span lang="fr_FR"><i>au fait</i></span> 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. -</p> - -<h3> -TO MR. THOMAS EARLE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, September 24, 1823. -</p> - -<p> -<span class='smcap'>Sir</span>,—Your letter of August 28th, with the pamphlet accompanying -it, was not received until the 18th instant. -</p> - -<p> -That our Creator made the earth for the use of the living and -<span class='pagenum'><a id='Page_311'>311</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO MR. HUGH P. TAYLOR. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, October 4, 1823. -</p> - -<p> -<span class='smcap'>Sir</span>,—You must, I think, have somewhat misunderstood what -I may have said to you as to manuscripts in my possession relating -<span class='pagenum'><a id='Page_312'>312</a></span> -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 -<span class='pagenum'><a id='Page_313'>313</a></span> -characters, a familiarity very necessary for decyphering these -volumes. -</p> - -<p> -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. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, October 12, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 <span lang="la"><i>tedium vitæ</i></span>, 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 -<span class='pagenum'><a id='Page_314'>314</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_315'>315</a></span> -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. -</p> - -<h3> -TO THE PRESIDENT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, October 24, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_316'>316</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_317'>317</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_318'>318</a></span> -</p> - -<h3> -TO M. CORAY. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, October 31, 1823. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 <i>we</i> also are all indebted -for the lights which originally led ourselves out of Gothic darkness. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_319'>319</a></span> -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. -</p> - -<p> -The public papers tell us that your nation has established a -government of some kind without informing us what it is. This -<span class='pagenum'><a id='Page_320'>320</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_321'>321</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 <i>during good behavior</i>, -and that to be determined on by the concurring vote of -<i>two-thirds</i> of each legislative house. In England they are removable -<span class='pagenum'><a id='Page_322'>322</a></span> -by a <i>majority</i> 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. -</p> - -<p> -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. -</p> - -<p><span class='pagenum'><a id='Page_323'>323</a></span> - -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. -</p> - -<p> -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. -</p> - -<p> -1. Freedom of religion, restricted only from <i>acts</i> of trespass on -that of others. -</p> - -<p> -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 <i>habeas corpus</i>. -</p> - -<p> -3. Trial by jury, the best of all safe-guards for the person, the -property, and the fame of every individual. -</p> - -<p> -4. The exclusive right of legislation and taxation in the representatives -of the people. -</p> - -<p> -5. Freedom of the press, subject only to liability for personal -<span class='pagenum'><a id='Page_324'>324</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO THE MARQUIS DE LA FAYETTE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 4, 1823. -</p> - -<p> -<span class='smcap'>My Dear Friend</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_325'>325</a></span> -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. -</p> - -<p> -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 <i>of the old school</i>; -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 -<span class='pagenum'><a id='Page_326'>326</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_327'>327</a></span> -of modern than of ancient genius; and may we not hope more -from the same pen? -</p> - -<p> -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. -</p> - -<h3> -TO MR. PATRICK K. RODGERS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 29, 1824. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 -<span class='pagenum'><a id='Page_328'>328</a></span> -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 <i>alma mater</i>, 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 -<span class='pagenum'><a id='Page_329'>329</a></span> -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 <span lang="la"><i>damnum absque injuriâ</i></span>; 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. -</p> - -<p> -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. -</p> - -<h3> -TO JOSEPH C. CABELL. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 3, 1824. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_330'>330</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_331'>331</a></span> -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? -</p> - -<p> -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, <span lang="la">"<i>detur digniori</i>."</span> In this way it will honor us, and bless -our country. -</p> - -<p> -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. -</p> - -<p> -Name me affectionately to our brethren with you, and be assured -yourself of my constant friendship and respect. -<span class='pagenum'><a id='Page_332'>332</a></span> -</p> - -<h3> -TO JARED SPARKS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 4, 1824. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 <span lang="la"><i>"nati natorum, et qui -nascentur ab illis,"</i></span> 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_333'>333</a></span> -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, -<span class='pagenum'><a id='Page_334'>334</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_335'>335</a></span> -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." -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -I salute you with assurances of high respect and esteem. -<span class='pagenum'><a id='Page_336'>336</a></span> -</p> - -<h3> -TO ROBERT J. GARNETT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 14, 1824. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 <i>name</i> of -federalists, which, <i>in fact</i>, 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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_337'>337</a></span> -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. -</p> - -<h3> -TO MR. ISAAC ENGELBRECHT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 25, 1824. -</p> - -<p> -<span class='smcap'>Sir</span>,—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: -</p> - -<div class="poetry-container"> -<div class="poem"> -<p>Lord, who's the happy man that may to thy blest courts repair,</p> -<p>Not stranger-like, to visit them, but to inhabit there?</p> -<p>'Tis he whose every thought and deed by rules of virtue moves,</p> -<p>Whose generous tongue disdains to speak the thing his heart disproves.</p> -<p>Who never did a slander forge, his neighbor's fame to wound,</p> -<p>Nor hearken to a false report by malice whispered round.</p> -<p>Who, vice, in all its pomp and power, can treat with just neglect;</p> -<p>And piety, though clothed in rags, religiously respect.</p> -<p>Who, to his plighted vows and trust, has ever firmly stood,</p> -<p>And though he promise to his loss he makes his promise good.</p> -<p>Whose soul in usury disdains his treasure to employ,</p> -<p>Whom no rewards can ever bribe the guiltless to destroy.</p> -<p>The man who by this steady course has happiness ensured,</p> -<p>When earth's foundation shakes, shall stand by providence secured.</p> -</div></div> - -<p> -<span class='pagenum'><a id='Page_338'>338</a></span> -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. -</p> - -<h3> -TO MR. WOODWARD. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 24, 1824. -</p> - -<p> -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 <span lang="fr_FR">de la Sagesse,</span> 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 -<span class='pagenum'><a id='Page_339'>339</a></span> -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, <span lang="la">"<i>nihil est in intellectu -quod prius non fuerit in sensu</i>,"</span> 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 [<span class="greek" title="pneuma">πνευμα</span>] without -defining it. Tertullian supplies the definition, <span lang="la">"<i>quis negabit -Deum esse corpus, etsi Deus Spiritus? spiritus etiam corporis -sui generis in suâ effigie</i>.</span>" And Origen, "<span class="greek" title="asômaton">ασωματον</span> <span lang="la"><i>accipi, docet, -pro eo quod non est simile huic nostro crassiori et visibli corpori, -sed quod est naturaliter subtile et velut aura tenue</i>."</span> 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_340'>340</a></span> -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. -</p> - -<h3> -TO MR. EDWARD EVERETT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 27, 1824. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—I have to thank you for your Greek reader, which, -for the use of schools, is evidently preferable to the <span lang="la">Collectanea -Græca</span>. These have not arranged their selections so well in gradation -from the easier to the more difficult styles. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_341'>341</a></span> -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: <span lang="fr_FR">"Il y a des langues qui par certains -changemens de desinence, appellés <i>cas</i>, 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 <i>cas</i>, -on a senti le besoin de mots distincts, separés des autres, et expressement -destinés à cet usage; ils ce qu'on appelle des prepositions."</span> -2 Tracy <span lang="fr_FR">Elemens d'Ideologie,</span> 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. -</p> - -<p> -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, <span lang="fr_FR">"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."</span> 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. -</p> - -<p> -I salute you with assurances of great esteem and respect. -<span class='pagenum'><a id='Page_342'>342</a></span> -</p> - -<h3> -TO EDWARD LIVINGSTON. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, April 4, 1824. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 <span lang="la"><i>quoad hoc</i></span>, 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 <i>ex post facto</i> legislation. The causes of -these singularities are well remembered. -</p> - -<p> -I thank you for the copy of your speech on the question of -<span class='pagenum'><a id='Page_343'>343</a></span> -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 -<span class='pagenum'><a id='Page_344'>344</a></span> -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. -</p> - -<h3> -TO JOHN HAMPDEN PLEASANTS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, April 19, 1824. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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, -<span class='pagenum'><a id='Page_345'>345</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_346'>346</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO MR. DAVID HARDING, PRESIDENT OF THE JEFFERSON DEBATING -SOCIETY OF HINGHAM. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, April 20, 1824. -</p> - -<p> -<span class='smcap'>Sir</span>.—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; -<span class='pagenum'><a id='Page_347'>347</a></span> -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. -</p> - -<h3> -TO RICHARD RUSH. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, April 26, 1824. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_348'>348</a></span> -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 -<span class='pagenum'><a id='Page_349'>349</a></span> -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. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_350'>350</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO JOSEPH C. CABELL. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 16, 1824. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 <i>alma mater</i> 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 -<span class='pagenum'><a id='Page_351'>351</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_352'>352</a></span> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_353'>353</a></span> -But Richmond has another claim, <i>as being the seat of government</i>. -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_354'>354</a></span> -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. -</p> - -<p> -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 <span lang="la"><i>in terrorem</i></span> -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. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_355'>355</a></span> -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. -</p> - -<h3> -TO MAJOR JOHN CARTWRIGHT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 5, 1824. -</p> - -<p> -<span class='smcap'>Dear and Venerable Sir</span>,—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 -<span class='pagenum'><a id='Page_356'>356</a></span> -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, <i>that the people are the origin of all -just power</i>." And where else will this degenerate son of science, -this traitor to his fellow men, find the origin of <i>just</i> powers, if -not in the majority of the society? Will it be in the minority? -Or in an individual of that minority? -</p> - -<p> -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 -<span class='pagenum'><a id='Page_357'>357</a></span> -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 <span lang="fr_FR"><i>premiere ebauche</i></span>; 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 -<span class='pagenum'><a id='Page_358'>358</a></span> -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. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_359'>359</a></span> -on a special election of representatives for that purpose expressly: -they are until then the <span lang="la"><i>lex legum</i></span>. -</p> - -<p> -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. -</p> - -<p> -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 <span lang="la"><i>quare impedit</i></span> 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: <span lang="fr_FR">"A tiel leis qu'ils de seint eglise ont en <i>ancien scripture</i>, -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,"</span> &c. See S. -<span class='pagenum'><a id='Page_360'>360</a></span> -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 <i>holy scripture</i>, our law giveth credence." And cites -Prisot; mistranslating <span lang="fr_FR">"<i>ancien scripture</i>,"</span> into "<i>holy scripture</i>." -Whereas Prisot palpably says, "to such laws as those of holy -church have in <i>ancient writing</i>, it is proper for us to give credence," -to wit, to their <i>ancient written</i> 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 -<span lang="fr_FR">"<i>ancien scripture</i>,"</span> 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 -<span class='pagenum'><a id='Page_361'>361</a></span> -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! -</p> - -<p> -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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_362'>362</a></span> -</p> - -<h3> -TO MARTIN VAN BUREN. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 29, 1824. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 <span lang="la">"<i>ecce -<span class='pagenum'><a id='Page_363'>363</a></span> -homo</i>"</span> (p. 100;) how justly might we say to him, <span lang="la">"<i>mutato nomine, -de te fabula narratur</i>."</span> 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_364'>364</a></span> -the tree by its fruit, and to leave motives to him who can alone -see into them. -</p> - -<p> -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. -</p> - -<p> -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 <i>after he became a private citizen</i>, -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, -<span class='pagenum'><a id='Page_365'>365</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_366'>366</a></span> -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 <i>forms</i> of the British Government." Now the -"<i>forms</i>" 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 <i>form</i> in the singular number, for -<i>forms</i> 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 <i>form</i> it was -<span class='pagenum'><a id='Page_367'>367</a></span> -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 -<span class='pagenum'><a id='Page_368'>368</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_369'>369</a></span> -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 -<span class='pagenum'><a id='Page_370'>370</a></span> -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 <i>form</i>, -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 -<span class='pagenum'><a id='Page_371'>371</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_372'>372</a></span> -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. -</p> - -<p> -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 <i>summum bonum</i>. But although I decline -all newspaper controversy, yet when falsehoods have been -advanced, within the knowledge of no one so much as myself, I -<span class='pagenum'><a id='Page_373'>373</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO MR. MADISON. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, July 14, 1824. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_374'>374</a></span> -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 <i>communications</i> 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. -<span class='pagenum'><a id='Page_375'>375</a></span> -</p> - -<h3> -TO MR. LEWIS E. BECK, ALBANY. -</h3> - -<p> -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. -<span class='pagenum'><a id='Page_376'>376</a></span> -</p> - -<h3> -TO H. LEE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, August 10, 1824. -</p> - -<p> -<span class='smcap'>Sir</span>,—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, -<span class='pagenum'><a id='Page_377'>377</a></span> -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. -</p> - -<h3> -TO MR. WM. LUDLOW. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, September 6, 1824. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 -<span class='pagenum'><a id='Page_378'>378</a></span> -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. -</p> - -<h3> -TO GENERAL LA FAYETTE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, October 9, 1824. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_379'>379</a></span> -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 <span lang="fr_FR"><i>à revoir</i></span>, in the meantime we -are impatient that your ceremonies at York should be over, and -give you to the embraces of friendship. -</p> - -<p class="p2"> -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? -</p> - -<h3> -TO MR. RUSH. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, October 13, 1824. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -<span class='pagenum'><a id='Page_380'>380</a></span> -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. -</p> - -<h3> -TO EDWARD EVERETT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, October 15, 1824. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—I have yet to thank for your <span class="greek" title="Ph. B. K.">Φ. Β. Κ.</span> oration, delivered -in presence of General La Fayette. It is all excellent, -<span class='pagenum'><a id='Page_381'>381</a></span> -much of it sublimely so, well worthy of its author and his subject, -of whom we may truly say, as was said of Germanicus, -<span lang="la">"<i>fruitur famâ sui</i>."</span> -</p> - -<p> -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. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_382'>382</a></span> -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, <span lang="la"><i>quare impedit</i></span>, the duties of bishops and ordinaries, -for which terms Prisot could never have meant to refer them to -the Old or New Testament, <span lang="fr_FR"><i>les saincts scriptures</i></span>, where surely -they would not be found. A license which should permit <span lang="fr_FR">"<i>ancien -scripture</i>"</span> 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? -</p> - -<p> -The term "common law," although it has more than one meaning, -is perfectly definite, <span lang="la"><i>secundum subjectam materiem</i></span>. 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 <i>common</i> 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 <i>common</i> law and <i>statute</i> law, the <span lang="la"><i>lex scripta et non -scripta</i></span>, began to be contra-distinguished, so as to give a second -<span class='pagenum'><a id='Page_383'>383</a></span> -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 <i>common</i> law began -to be used in a third sense, as the correlative of <i>chancery</i> 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 <span lang="la"><i>lex non scripta</i></span>, because, had he used it as inclusive -of the <span lang="la"><i>lex scripta</i></span>, 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 <span lang="la"><i>lex non scripta</i></span>. -Whenever, then, the term <i>common law</i> 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. -</p> - -<p> -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. -</p> - -<p> -I salute you with great esteem and respect. -</p> - -<h3> -TO ——. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, December 22, 1824. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_384'>384</a></span> -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 -<span class='pagenum'><a id='Page_385'>385</a></span> -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. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_386'>386</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_387'>387</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 8, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -<span class='pagenum'><a id='Page_388'>388</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_389'>389</a></span> -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. -</p> - -<h3> -TO WILLIAM SHORT, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 8, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_390'>390</a></span> -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 -<span class='pagenum'><a id='Page_391'>391</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_392'>392</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO JOSEPH C. CABELL. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 11, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 <i>the arrival</i> -<span class='pagenum'><a id='Page_393'>393</a></span> -of these Professors, notice will be given of the day of opening -the institution. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_394'>394</a></span> -In your letter of December the 31st, you say my "hand-writing -and my letters have great effect there," <i>i. e.</i> 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." -<span lang="la"><i>Usque ad aras amicus tuus.</i></span> -</p> - -<h3> -TO GENERAL ALEXANDER SMYTH. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 17, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—I have duly received four proof sheets of your explanation -of the Apocalypse, with your letters of December 29th -<span class='pagenum'><a id='Page_395'>395</a></span> -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. -<span class='pagenum'><a id='Page_396'>396</a></span> -</p> - -<h3> -JOHN ADAMS TO THOMAS JEFFERSON. -</h3> - -<p class="letter_head"> -<span class="smcap">Quincy</span>, January 23, 1825. -</p> - -<p> -<span class='smcap'>My Dear Sir</span>,—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 -<span lang="fr_FR">Recherches Nouvelles</span>? 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 -<span class='pagenum'><a id='Page_397'>397</a></span> -mixed with extraneous ingredients, which, I think, will not bear -examination, and they ought to be separated. Adieu. -</p> - -<h3> -TO ——.<a name='FA_17' id='FA_17' href='#FN_17' class='fnanchor'>[17]</a> -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 3, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -In most public seminaries text-books are prescribed to each of -the several schools, as the <span lang="la"><i>norma docendi</i></span> 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. -</p> - -<p> -Should the bill for district colleges pass in the end, our scheme -<span class='pagenum'><a id='Page_398'>398</a></span> -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, <i>e. g.</i>, 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 <span lang="la"><i>exempli -gratia</i></span>, 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_399'>399</a></span> -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. -</p> - -<p> -<i>Resolved</i>, 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. -</p> - -<table summary="Education Rendered"> -<tr> - <td>Accomac</td> - <td class="tdr">$400</td> - <td>216 months schooling.</td> -</tr> -<tr> - <td>Albemarle</td> - <td class="tdr">500</td> - <td>234 months schooling.</td> -</tr> -<tr> - <td>Amelia</td> - <td class="tdr">250 </td> - <td>183 months schooling.</td> -</tr> -<tr> - <td>Amherst </td> - <td class="tdr">400</td> - <td>210 months schooling.</td> -</tr> -<tr> - <td>Augusta</td> - <td class="tdr">800</td> - <td>461 months schooling.</td> -</tr> -<tr> - <td>&c.</td> -</tr> -</table> - -<h3> -TO ——.<a name='FA_18' id='FA_18' href='#FN_18' class='fnanchor'>[18]</a> -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 20, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_400'>400</a></span> -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 -<span class='pagenum'><a id='Page_401'>401</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -TO THOMAS JEFFERSON SMITH. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 21, 1825. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_402'>402</a></span> -things of this world, every action of your life will be under my -regard. Farewell. -</p> - -<h3> -<i>The portrait of a good man by the most sublime of poets, for -your imitation.</i> -</h3> - -<div class="poetry-container"> -<div class="poem"> -<p>Lord, who's the happy man that may to thy blest courts repair;</p> -<p>Not stranger-like to visit them, but to inhabit there?</p> -<p>'Tis he whose every thought and deed by rules of virtue moves;</p> -<p>Whose generous tongue disdains to speak the thing his heart disproves.</p> -<p>Who never did a slander forge, his neighbor's fame to wound;</p> -<p>Nor hearken to a false report, by malice whispered round.</p> -<p>Who vice in all its pomp and power, can treat with just neglect;</p> -<p>And piety, though clothed in rage, religiously respect.</p> -<p>Who to his plighted vows and trust has ever firmly stood;</p> -<p>And though he promise to his loss, he makes his promise good.</p> -<p>Whose soul in usury disdains his treasure to employ;</p> -<p>Whom no rewards can ever bribe the guiltless to destroy.</p> -<p>The man, who, by this steady course, has happiness insur'd,</p> -<p>When earth's foundations shake, shall stand, by Providence secur'd.</p> -</div></div> - -<h3> -<i>A Decalogue of Canons for observation in practical life.</i> -</h3> - -<p> -1. Never put off till to-morrow what you can do to-day. -</p> - -<p> -2. Never trouble another for what you can do yourself. -</p> - -<p> -3. Never spend your money before you have it. -</p> - -<p> -4. Never buy what you do not want, because it is cheap; it -will be dear to you. -</p> - -<p> -5. Pride costs us more than hunger, thirst and cold. -</p> - -<p> -6. We never repent of having eaten too little. -</p> - -<p> -7. Nothing is troublesome that we do willingly. -</p> - -<p> -8. How much pain have cost us the evils which have never -happened. -</p> - -<p> -9. Take things always by their smooth handle. -</p> - -<p> -10. When angry, count ten, before you speak; if very angry, -an hundred. -</p> - -<h3> -TO EDWARD LIVINGSTON, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 25, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—I know how apt we are to consider those whom -we knew long ago, and have not since seen, to be exactly still -<span class='pagenum'><a id='Page_403'>403</a></span> -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, -</p> - -<div class="poetry-container"> -<div class="poem"> -<p><span lang="la">"Solve senescentem, maturé sanus, equum, ne</span></p> -<p><span lang="la">Peccet ad extremum ridendus."</span></p> -</div></div> - -<p> -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 <i>constitution</i>, formed by a single authority, -<span class='pagenum'><a id='Page_404'>404</a></span> -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, <span lang="la"><i>ad libitum</i></span>, 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 -<span lang="la"><i>seriatim</i></span>, 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_405'>405</a></span> -nor modern codes, nor even their own early statutes, furnish any -such example. And, like faithful apes, we copy it faithfully. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -TO JUDGE AUGUSTUS B. WOODWARD. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, April 3, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_406'>406</a></span> -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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_407'>407</a></span> -</p> - -<h3> -TO HENRY LEE, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 8, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,— * * * * * -</p> - -<p> -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. -<span class='pagenum'><a id='Page_408'>408</a></span> -</p> - -<h3> -TO MISS WRIGHT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, August 7, 1825. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_409'>409</a></span> -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. -</p> - -<h3> -TO JOHN VAUGHAN, ESQ. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, September 16, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_410'>410</a></span> -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) <i>as the original</i>, 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. -</p> - -<h3> -TO DR. JAMES MEASE. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, September 26, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_411'>411</a></span> -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. -</p> - -<h3> -TO ——. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, October 25, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_412'>412</a></span> -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. -</p> - -<p> -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., <span lang="fr_FR">la Cretelles XVIII.<sup>me</sup> siècle,</span> 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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_413'>413</a></span> -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, -</p> - -<div class="poetry-container"> -<div class="poem"> -<p class="i4">"What though the field is lost?</p> -<p>All is not lost; the unconquerable will</p> -<p>And study of revenge, immortal hate</p> -<p>And courage never to submit or yield."</p> -</div></div> - -<p> -The government of a nation may be usurped by the forcible -intrusion of an individual into the throne. But to conquer its will, -<span class='pagenum'><a id='Page_414'>414</a></span> -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. -</p> - -<p> -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. -<span lang="fr_FR">Esprit et Mœurs des Nations</span>, Millot's Modern History, Russel's -Modern Europe, Hallam's Middle Ages, and Robertson's -Charles V. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_415'>415</a></span> -</p> - -<h3> -TO THE HONORABLE J. EVELYN DENISON, M. P. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 9, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -I learn from you with great pleasure, that a taste is reviving -in England for the recovery of the Anglo-Saxon dialect of our -<span class='pagenum'><a id='Page_416'>416</a></span> -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: <span lang="ang">"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."</span> 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 -<span class='pagenum'><a id='Page_417'>417</a></span> -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, -(<span class="greek" title="opheilêmata">οφειληματα</span> in the original) might as well have been translated by -the Anglo-Saxon "guilts." -</p> - -<p> -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. -</p> - -<p> -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 <i>many</i>, 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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_418'>418</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_419'>419</a></span> -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. -</p> - -<h3> -TO MR. LEWIS M. WISS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, November 27, 1825. -</p> - -<p> -<span class='smcap'>Sir</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_420'>420</a></span> -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 <i>a b</i> 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 <i>c d e f</i>, and at the upper -end make another chamber, B, -</p> - -<div class="figcenter"><a id="Lock"></a> -<img src="images/420.jpg" width="400" height="90" alt="Proposed Lock" /> -</div> - -<p> -the bottom of which should be in the high-water level, and the -tops twenty feet above that. <i>g h</i> is the water of the Tyber. -When the vessel is to be introduced, open the gate at <i>c b a</i>. The -tide water rises in the chamber A to the level <i>b i</i>, and floats the -vessel in with it. Shut the gate <i>c b d</i> and open that of <i>f i</i>. The -water of the Tyber fills both chambers to the level <i>c f g</i>, and the -vessel floats into the chamber B; then opening both gates <i>c b d</i> -and <i>f i</i>, the water flows out, and the vessel settles down on the -stays previously prepared at the bottom <i>i h</i> to receive her. The -gate at <i>g h</i> 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. -</p> - -<p> -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. -</p> - -<p> -I had a model of this lock-dock made and exhibited in the -<span class='pagenum'><a id='Page_421'>421</a></span> -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. -</p> - -<h3> -To ——.<a name='FA_19' id='FA_19' href='#FN_19' class='fnanchor'>[19]</a> -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>. December 18, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -<span class='pagenum'><a id='Page_422'>422</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 <span lang="la"><i>usque ad -eras amicissimi tui</i></span>. -</p> - -<h3> -TO JAMES MADISON. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, December 24, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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, -<span class='pagenum'><a id='Page_423'>423</a></span> -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 <i>non-avenue</i>. 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.<a name='FA_20' id='FA_20' href='#FN_20' class='fnanchor'>[20]</a> 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: -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_424'>424</a></span> -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. -</p> - -<p> -Ever and affectionately yours. -</p> - -<h3> -TO WILLIAM B. GILES. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, December 25, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—Your favor of the 15th was received four days ago. -It found me engaged in what I could not lay aside till this day. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_425'>425</a></span> -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 -<span class='pagenum'><a id='Page_426'>426</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -With this best exertion of a waning memory which I can -command, accept assurances of my constant and affectionate -friendship and respect. -</p> - -<h3> -TO WILLIAM B. GILES. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, December 26, 1825. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_427'>427</a></span> -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 <i>to stand to our arms</i>, 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 -<span class='pagenum'><a id='Page_428'>428</a></span> -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 <i>salvo</i> of jurisdiction. This is the course which I think -safest and best as yet. -</p> - -<p> -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. -</p> - -<p> -I learn with great satisfaction that your school is thriving well, -<span class='pagenum'><a id='Page_429'>429</a></span> -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. -<span class='pagenum'><a id='Page_430'>430</a></span> -</p> - -<h3> -TO CLAIBORNE W. GOOCH. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 9, 1826. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. <span lang="la">"Non tali auxilio, nee defensoribus -istis, tempus eget."</span> 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_431'>431</a></span> -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. -</p> - -<p> -Accept the assurance of my great esteem and respect. -</p> - -<h3> -To——.<a name='FA_21' id='FA_21' href='#FN_21' class='fnanchor'>[21]</a> -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, January 21, 1826. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_432'>432</a></span> -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. -</p> - -<h3> -TO JAMES MADISON. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, February 17, 1826. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,— * * * * * -</p> - -<p> -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, -<span class='pagenum'><a id='Page_433'>433</a></span> -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. -</p> - -<p> -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 <i>coup de grace</i>. 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 -<span class='pagenum'><a id='Page_434'>434</a></span> -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 <span lang="la"><i>ultrum -horum</i></span>? 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 -<span class='pagenum'><a id='Page_435'>435</a></span> -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. -</p> - -<h3> -TO JOHN ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 25, 1826. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_436'>436</a></span> -</p> - -<h3> -TO JOHN QUINCY ADAMS. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, March 30, 1826. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_437'>437</a></span> -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. -</p> - -<h3> -TO THE HONORABLE EDWARD EVERETT. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, April 8, 1826. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 <i>ultimo ratio gentium</i>. -<span class='pagenum'><a id='Page_438'>438</a></span> -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. -</p> - -<h3> -TO DR. EMMETT, PROFESSOR OF NATURAL HISTORY AT THE UNIVERSITY -OF VIRGINIA. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, April 27, 1826. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_439'>439</a></span> -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. -</p> - -<p> -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.<a name='FA_22' id='FA_22' href='#FN_22' class='fnanchor'>[22]</a> 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. -</p> - -<p> -<span class='pagenum'><a id='Page_440'>440</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_441'>441</a></span> -or from the seed shops of England, where they may very possibly -be found. Lastly, a gardener of sufficient skill must be obtained. -</p> - -<p> -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. -</p> - -<p> -Accept my friendly and respectful salutations. -</p> - -<h3> -TO DOCTOR JOHN P. EMMET. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 2, 1826. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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 -<span class='pagenum'><a id='Page_442'>442</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_443'>443</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_444'>444</a></span> -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. -</p> - -<p class="p2"> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<h3> -TO ——. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, May 15, 1826. -</p> - -<p> -<span class='smcap'>Dear Sir</span>,—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. -</p> - -<p> -<span class='pagenum'><a id='Page_445'>445</a></span> -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 <i>southward, as was -given out there</i>; 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.) -</p> - -<p> -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, -<span class='pagenum'><a id='Page_446'>446</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_447'>447</a></span> -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. -</p> - -<p> -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 <i>coup de main</i> 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_448'>448</a></span> -to Manchester, opposite to Richmond, which the enemy had -evacuated a few hours before. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_449'>449</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -These are all the recollections within the scope of your request, -which I can state with precision and certainty; and of -<span class='pagenum'><a id='Page_450'>450</a></span> -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. -</p> - -<h3> -TO MR. WEIGHTMAN. -</h3> - -<p class="letter_head"> -<span class="smcap">Monticello</span>, June 24, 1826. -</p> - -<p> -<span class='smcap'>Respected Sir</span>,—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 -<span class='pagenum'><a id='Page_451'>451</a></span> -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. -</p> - -<p> -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. -</p> - -<h2> -BOOK III. -<br /> - -OFFICIAL PAPERS -</h2> - -<hr class="l15" /> - -<table summary="Table of Contents: Book III"> -<tr> -<td class="tdh">PART I.—REPORTS AND OPINIONS WHILE SECRETARY - OF STATE.</td> -</tr> -<tr> -<td class="tdh">PART II.—INAUGURAL ADDRESSES AND MESSAGES.</td> -</tr> -<tr> -<td class="tdh">PART III.—REPLIES TO PUBLIC ADDRESSES.</td> -</tr> -<tr> -<td class="tdh">PART IV.—INDIAN ADDRESSES.</td> -</tr> -</table> - -<h2> -INTRODUCTORY TO BOOK III. -</h2> - -<p> -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. -</p> - -<p> -The official papers embraced in this division of the work, have been classified, for the purposes -of easy reference, under the following heads: -</p> - -<p class="p2"> -<span class='smcap'>Part I.</span>—<i>Reports and Opinions while Secretary of State.</i>—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. -</p> - -<p class="p2"> -<span class='smcap'>Part II.</span>—<i>Inaugural Address and Messages.</i>—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. -</p> - -<p> -This division of the work contains Jefferson's Inaugural Address and regular and special messages. -</p> - -<p class="p2"> -<span class='smcap'>Part III.</span>—<i>Replies to Public Addresses.</i>—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. -</p> - -<p class="p2"> -<span class='smcap'>Part IV.</span>—<i>Indian Addresses.</i>—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. -</p> - -<h2> -PART I. -<br /><br /> - -REPORTS AND OPINIONS WHILE SECRETARY OF STATE. -<span class='pagenum'><a id='Page_455'></a></span> -</h2> - -<hr class="l30" /> - -<h3> -I.—<i>Report on the methods for obtaining Fresh Water from Salt.</i> -</h3> - -<p> -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: -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -Lord Bacon, to whom the world is indebted for the first germs -<span class='pagenum'><a id='Page_456'>456</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_457'>457</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_458'>458</a></span> -from 34 to 40 gallons of fresh water a day, without any great -addition of fuel, as he says. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_459'>459</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_460'>460</a></span> -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. -</p> - -<h3> -II. <i>Opinion on the proposition for establishing a Woollen -Manufactory in Virginia.</i> -</h3> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_461'>461</a></span> -to be brought from Europe, and these being landed in -Virginia as a security that he will proceed, -</p> - -<table summary="Woollen Manufactory"> -<tr> -<td>let the State pay for the first necessary purposes then to occur</td> -<td class="tdr tdb">£1,000</td> -</tr> -<tr> -<td>Let it pay him a stipend of £100 a year for the first three -years</td> -<td class="tdr tdb">300</td> -</tr> -<tr> -<td>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</td> -<td class="tdr tdu tdb">1,200</td> -</tr> -<tr> -<td></td> -<td class="tdr">£2,500</td> -</tr> -</table> - -<p> -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.] -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_462'>462</a></span> -the contracts being once concluded, his distance and other occupations -would oblige him to leave the execution open to the Executive -of the State. -</p> - -<h3> -III. <i>The Report on Copper Coinage, communicated to the -House of Representatives, April 15th, 1790.</i> -</h3> - -<p class="letter_head"> -April 14, 1790. -</p> - -<p class="tdh"> -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: -</p> - -<p> -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. -</p> - -<p> -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.) -</p> - -<p> -<span class='pagenum'><a id='Page_463'>463</a></span> -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. -</p> - -<p> -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: -</p> - -<p> -Coinage is peculiarly an attribute of sovereignty. To transfer -its exercise into another country, is to submit it to another sovereign. -</p> - -<p> -Its transportation across the ocean, besides the ordinary dangers -<span class='pagenum'><a id='Page_464'>464</a></span> -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. -</p> - -<p> -In time of war, it would offer to the enterprises of an enemy, -what have been emphatically called the sinews of war. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -We lose the opportunity of calling in and re-coining the clipped -money in circulation, or we double our risk by a double transportation. -</p> - -<p> -We lose, in like manner, the resource of coining up our household -plate in the instant of great distress. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_465'>465</a></span> -of a mint, on a scale which, relinquishing nothing in the -perfection of the coin, shall be duly proportioned to our purposes. -</p> - -<p> -And, in the meanwhile, he is of opinion the present proposals -should be declined. -</p> - -<h3> -IV.—<i>Opinion on the question whether the Senate has the right -to negative the grade of persons appointed by the Executive -to fill Foreign Missions.</i> -</h3> - -<p class="letter_head"> -<span class='smcap'>New York</span>, April 24, 1790. -</p> - -<p> -The constitution having declared that the President shall -<i>nominate</i> and, by and with the advice and consent of the Senate, -shall <i>appoint</i> ambassadors, other public ministers, and consuls, -the President desired my opinion whether the Senate has -a right to negative the <i>grade</i> he may think it expedient to use -in a foreign mission as well as the <i>person</i> to be appointed. -</p> - -<p> -I think the Senate has no right to negative the <i>grade</i>. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -The constitution itself indeed has taken care to circumscribe -this one within very strict limits; for it gives the <i>nomination</i> -of the foreign agents to the President, the <i>appointments</i> to him -and the Senate jointly, and the <i>commissioning</i> to the President. -</p> - -<p> -This analysis calls our attention the strict import of each -term. To <i>nominate</i> must be to <i>propose</i>. <i>Appointment</i> seems -<span class='pagenum'><a id='Page_466'>466</a></span> -that act of the will which constitutes or makes the agent, and -the <i>commission</i> 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 <i>appointment</i> -does not comprehend the neighboring acts of <i>nomination</i> or <i>commission</i>, -(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 <i>destination</i> and -<i>grade</i>. -</p> - -<p> -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." -</p> - -<p> -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. -</p> - -<p> -It may be objected that the Senate may by continual negatives -on the <i>person</i>, do what amounts to a negative on the <i>grade</i>, -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 -<span class='pagenum'><a id='Page_467'>467</a></span> -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. -</p> - -<h3> -V.—<i>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.</i> -</h3> - -<p class="letter_head"> -May 3d, 1790. -</p> - -<p> -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? -</p> - -<p> -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. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_468'>468</a></span> -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. -</p> - -<p> -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." -</p> - -<p> -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, <i>possessing the exclusive right to -acquire the native title</i>, but having relinquished the <i>means</i> 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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_469'>469</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 <span lang="la"><i>statu quo</i></span>, and not a move be made towards carrying what -they have begun into execution. -</p> - -<p> -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. -</p> - -<h3> -VI.—<i>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.</i> -</h3> - -<p class="letter_head"> -June 3d, 1790. -</p> - -<p> -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. -</p> - -<p> -The legislature, to defeat this fraud, passed resolutions on the -<span class='pagenum'><a id='Page_470'>470</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -The only question I shall make is, whether these resolutions -annul acts which were valid when they were done? -</p> - -<p> -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. -</p> - -<p> -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 <i>bill of exchange</i> 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 -<i>promissory notes</i> to be assigned. The laws of Virginia have -gone yet further than the statute, and have allowed, as a third -exception, that a <i>bond</i> should be assigned, which cannot be done -<span class='pagenum'><a id='Page_471'>471</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 <i>order</i> 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. -</p> - -<p> -This proves that a <i>power of attorney</i>, with such a <i>covenant</i>, -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_472'>472</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -It is not honorable to take a mere legal advantage, when it -happens to be contrary to justice. -</p> - -<p> -But it is honorable to embrace a salutary principle of law -when a relinquishment of it is solicited only to support a fraud. -</p> - -<p> -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. -</p> - -<h3> -VII.—<i>Plan for establishing uniformity in the Coinage, Weights, -and Measures of the United States. Communicated to the -House of Representatives, July 13, 1790.</i> -</h3> - -<div class="blockquot"> -<p class="letter_head"> -<span class='smcap'>New York</span>, July 4, 1790. -</p> - -<p> -<span class='smcap'>Sir</span>:—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 -<span class='pagenum'><a id='Page_473'>473</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -I have the honor to be, with sentiments of the most profound respect, -</p> - -<p class="signature"> -Sir, your most obedient and most humble servant. -</p> -</div> - -<p class="tdh"> -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:— -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_474'>474</a></span> -of such various result as to show there is no dependence on that -operation for certainty. -</p> - -<p> -Matter, then, by its mere extension, furnishing nothing invariable, -its motion is the only remaining resource. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -Such a pendulum, then, becomes itself a measure of determinate -length, to which all others may be referred to as to a -standard. -</p> - -<p> -But even a pendulum is not without its uncertainties. -</p> - -<p> -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. -</p> - -<p> -2. Both theory and experience prove that, to preserve its isochronism, -it must be shorter towards the equator, and longer -towards the poles. -</p> - -<p> -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. -</p> - -<p> -4. The pendulum being made of metal, as is best, it varies -its length with the variations in the temperature of the atmosphere. -</p> - -<p> -5. To continue small and equal vibrations, through a sufficient -<span class='pagenum'><a id='Page_475'>475</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 <a name='IF_1' id='IF_1' href='#IT_1' >(1)</a> 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. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_476'>476</a></span> -with the hope that it may become a line of union with the rest -of the world. -</p> - -<p> -The difference between the second rod for 45° of latitude, -and that for 31°, our other extreme, is to be examined. -</p> - -<p> -The second <i>pendulum</i> for 45° of latitude, according to Sir -Isaac Newton's computation, must be of <a name='IF_2' id='IF_2' href='#IT_2'>(2)</a> 39.14912 inches -English measure; and a <i>rod</i>, 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 <sup>1</sup>⁄<sub>679</sub> 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 <a name='IF_3' id='IF_3' href='#IT_3'>(3)</a> latitude of the place, and so -brought exactly to the standard of 45°. -</p> - -<p> -3. By making the experiment in the level of the ocean, the -difference will be avoided, which a higher position might occasion. -</p> - -<p> -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 <sup>1</sup>⁄<sub>1728</sub> to <sup>1</sup>⁄<sub>2592</sub> 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. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_477'>477</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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,<a name='FA_23' id='FA_23' href='#FN_23' class='fnanchor'>[23]</a> 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 -<span class='pagenum'><a id='Page_478'>478</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p class="center"> -MEASURES OF LENGTH. -</p> - -<p> -The measures of length in use among us are: -</p> -<ul class="none"> -<li>The league of 3 miles,</li> -<li>The mile of 8 furlongs,</li> -<li>The furlong of 40 poles or perches, </li> -<li>The pole or perch of 5½ yards,</li> -<li>The fathom of 2 yards,</li> -<li>The ell of a yard and quarter,</li> -<li>The yard of 3 feet,</li> -<li>The foot of 12 inches, and</li> -<li>The inch of 10 lines.</li> -</ul> - -<p> -<span class='pagenum'><a id='Page_479'>479</a></span> -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: <sup>287</sup>⁄<sub>10000</sub> of an -inch, or rather <sup>3</sup>⁄<sub>10</sub> 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, -</p> - -<p> -Let the standard rod of 45° be divided into 587⅕ equal parts, -and let each of these parts be declared a line. -</p> - -<ul class="none"> -<li>10 lines an inch,</li> -<li>12 inches a foot,</li> -<li>3 feet a yard,</li> -<li>3 feet 9 inches an ell,</li> -<li>6 feet a fathom,</li> -<li>5½ yards a perch or pole</li> -<li>40 poles or perches a furlong,</li> -<li>8 furlongs a mile,</li> -<li>3 miles a league.</li> -</ul> - -<p class="center"> -SUPERFICIAL MEASURES -</p> - -<p> -Our measures of surface are, the acre of 4 roods and the rood -<span class='pagenum'><a id='Page_480'>480</a></span> -of 40 square poles; so established by a statute of 33 Edw. 1. -Let them remain the same. -</p> - -<p class="center"> -MEASURES OF CAPACITY. -</p> - -<p> -The measures of capacity in use among us are of the following -names and proportions: -</p> - -<ul class="none"> -<li> -The gill, four of which make a pint. -</li> - -<li> -Two pints make a quart. -</li> - -<li> -Two quarts a pottle. -</li> - -<li> -Two pottles a gallon. -</li> - -<li> -Two gallons a peck, dry measure. -</li> - -<li> -Eight gallons make a measure called a firkin, in liquid substances, -and a bushel, dry. -</li> - -<li> -Two firkins, or bushels, make a measure called a rundlet or -kilderkin, liquid, and a strike, dry. -</li> - -<li> -Two kilderkins, or strikes, make a measure called a barrel, -liquid, and a coomb, dry; this last term being ancient and little used. -</li> - -<li> -Two barrels, or coombs, make a measure called a hogshead, -liquid, or a quarter, dry; each being the quarter of a ton. -</li> - -<li> -A hogshead and a third make a tierce, or third of a ton. -</li> - -<li> -Two hogsheads make a pipe, butt, or puncheon; and -</li> - -<li> -Two pipes make a ton. -</li> -</ul> - -<p> -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. -</p> - -<p> -The gallon and bushel contain— -</p> - -<ul class="none"> - -<li class="tdh">224 and 1792 cubic inches, according to the standard wine -gallon preserved at Guildhall.</li> -<li class="tdh">231 and 1848, according to the statute of 5th of Anne.</li> -<li class="tdh">264.8 and 2118.4, according to the ancient Rumford quart, -of 1228, examined by the committee.</li> -<li class="tdh">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. -<span class='pagenum'><a id='Page_481'>481</a></span></li> -<li class="tdh">266.25 and 2130, according to the ancient Rumford gallon -of 1228, examined by the committee.</li> -<li class="tdh">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.</li> -<li class="tdh">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.</li> -<li class="tdh">271 and 2168, according to a standard gallon in the Exchequer, -dated 1601, marked E., and called the corn -gallon.</li> -<li class="tdh">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.</li> -<li class="tdh">277.18 and 2217.44, as established for the measure of coal -by the statute 12 Anne.</li> -<li class="tdh">278 and 2224, according to the standard bushel of Henry -VII., with a copper rim, in the Exchequer.</li> -<li class="tdh">278.4 and 2227.2 according to two standard pints of 1601 -and 1602, in the Exchequer.</li> -<li class="tdh">280 and 2240, according to the standard quart of 1601, in -the Exchequer.</li> -<li class="tdh">282 and 2256, according to the standard gallon for beer and -ale in the Treasury.</li> -</ul> -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_482'>482</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p class="tdh"> -The measures to be made for use, being four sided, with rectangular -sides and bottom. -<span class='pagenum'><a id='Page_483'>483</a></span></p> - -<ul class="none"> -<li class="tdh">The pint will be 3 inches square, and 3¾ inches deep;</li> -<li class="tdh">The quart 3 inches square, and 7½ inches deep;</li> -<li class="tdh">The pottle 3 inches square, and 15 inches deep, or 4½, 5, and -6 inches;</li> -<li class="tdh">The gallon 6 inches square, and 7½ inches deep, or 5, 6, and -9 inches;</li> -<li class="tdh">The peck 6, 9, and 10 inches;</li> -<li class="tdh">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.</li> -</ul> - -<p> -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. -</p> - -<p> -Let the measures of capacity, then, for the United States be— -</p> -<ul class="none"> -<li class="tdh">A gallon of 270 cubic inches;</li> -<li class="tdh">The gallon to contain 2 pottles;</li> -<li class="tdh">The pottle 2 quarts;</li> -<li class="tdh">The quart 2 pints;</li> -<li class="tdh">The pint 4 gills;</li> -<li class="tdh">Two gallons to make a peck;</li> -<li class="tdh">Eight gallons a bushel or firkin;</li> -<li class="tdh">Two bushels, or firkin, a strike or kilderkin;</li> -<li class="tdh">Two strikes, or kilderkins, a coomb or barrel;</li> -<li class="tdh">Two coombs, or barrels, a quarter or hogshead;</li> -<li class="tdh">A hogshead and a third one tierce;</li> -<li class="tdh">Two hogsheads a pipe, butt, or puncheon; and</li> -<li class="tdh">Two pipes a ton.</li> -<li class="tdh">And let all measures of capacity of dry subjects be stricken -with a straight strike.</li> -</ul> - -<p class="center"> -WEIGHTS. -</p> - -<p class="tdh"> - -There are two series of weights in use among us; the one -called avoirdupois, the other troy. -<span class='pagenum'><a id='Page_484'>484</a></span> -</p> - -<p class="center"> -<i>In the Avoirdupois series</i>: -</p> - -<ul class="none"> -<li class="tdh">The pound is divided into 16 ounces;</li> -<li class="tdh">The ounce into 16 drachms;</li> -<li class="tdh">The drachm into 4 quarters.</li> -</ul> - -<p class="center"> -<i>In the Troy series</i>: -</p> - -<ul class="none"> -<li class="tdh">The pound is divided into 12 ounces;</li> -<li class="tdh">The ounce (according to the subdivision of the apothecaries) -into 8 drachms;</li> -<li class="tdh">The drachm into 3 scruples;</li> -<li class="tdh">The scruple into 20 grains.</li> -</ul> - -<p> -According to the subdivision for gold and silver, the ounce is -divided into twenty pennyweights, and the pennyweight into -twenty-four grains. -</p> - -<p> -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. -</p> - -<p> -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. <a name='IF_4' id='IF_4' href='#IT_4'>(4.)</a> -</p> - -<p> -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 <a name='IF_5' id='IF_5' href='#IT_5'>(5.)</a> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_485'>485</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -Another remarkable correspondence is that between weights -and measures. For 1000 ounces avoirdupois of pure water fill -a cubic foot, with mathematical exactness. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_486'>486</a></span> -or of a nearly similar weight under another <a name='IF_6' id='IF_6' href='#IT_6'>(6.)</a> name, seem -stronger proofs that this is legal weight, than the mere silence -of the written laws is of the contrary. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_487'>487</a></span> -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 -</p> - -<ul class="none"> -<li class="tdh">24 grains shall be one pennyweight;</li> -<li class="tdh">18 pennyweights one ounce;</li> -<li class="tdh">16 ounces one pound.</li> -</ul> - -<p class="center p2"> -COINS. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -Let it be declared, therefore, that the money unit, or dollar of -the United States, shall contain 371.262 American grains of -pure silver. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_488'>488</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p class="center p2"> -MEASURES OF LENGTH. -</p> - -<p> -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. -</p> - -<ul class="none"> -<li class="tdh">Let the foot be divided into 10 inches;</li> -<li class="tdh">The inch into 10 lines;</li> -<li class="tdh">The line into 10 points;</li> -<li class="tdh">Let 10 feet make a decad;</li> -<li class="tdh">10 decads one rood;</li> -<li class="tdh">10 roods a furlong;</li> -<li class="tdh">10 furlongs a mile.</li> -</ul> - -<p class="center p2"> -SUPERFICIAL MEASURES. -</p> - -<p> -Superficial measures have been estimated, and so may continue -to be, in squares of the measures of length, except in the -<span class='pagenum'><a id='Page_489'>489</a></span> -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 -<a name='IF_7' id='IF_7' href='#IT_7'>(7.)</a> 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. -</p> - -<p class="center p2"> -MEASURES OF CAPACITY. -</p> - -<p> -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. -</p> - -<ul class="none"> -<li class="tdh">Let the bushel be divided into 10 pottles;</li> -<li class="tdh">Each pottle into 10 demi-pints;</li> -<li class="tdh">Each demi-pint into 10 metres, which will be of a cubic inch each.</li> -<li class="tdh">Let 10 bushels be a quarter, and</li> -<li class="tdh">10 quarters a last, or double ton.</li> -</ul> - -<p> -The measures for use being four-sided, and the sides and bottoms -rectangular, the bushel will be a foot cube. -</p> - -<ul class="none"> -<li class="tdh">The pottle 5 inches square and four inches deep;</li> -<li class="tdh">The demi-pint 2 inches square, and 2½ inches deep;</li> -<li class="tdh">The metre, an inch cube.</li> -</ul> - -<p class="center p2"> -WEIGHTS. -</p> - -<p> -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: -</p> - -<ul class="none"> -<li class="tdh">The double scruple into 10 carats;</li> -<li class="tdh">The carat into 10 minims or demi-grains;</li> -<li class="tdh">The minim into 10 mites. -Let 10 ounces make a pound;</li> -<li class="tdh">10 pounds a stone;</li> -<li class="tdh">16 stones a kental;</li> -<li class="tdh">10 kentals a hogshead. -<span class='pagenum'><a id='Page_490'>490</a></span></li> -</ul> - -<p class="center p2"> -COINS. -</p> - -<p> -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 <a name='IF_8' id='IF_8' href='#IT_8'>(8.)</a> -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_491'>491</a></span> -</p> - -<p class="center p2"> -<i>Appendix, containing illustrations and developments of some -passages of the preceding report.</i> -</p> - -<p> -<a id='IT_1' href="#IF_1">(1.)</a> 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 = <i>r</i>; then 2d:<i>r</i>::<i>r</i>: -<span class="division"> - <span class="numerator"><i>rr</i></span> - <span class="denominator">2d</span> -</span> - and ⅖ of this last proportional expresses the displacement of the -centre of oscillation, to wit: -<span class="division"> - <span class="numerator">2<i>rr</i></span> - <span class="denominator">5x2d</span> -</span> -= -<span class="division"> - <span class="numerator"><i>rr</i></span> - <span class="denominator">5d</span> -</span>. -Two inches have been -proposed as a proper diameter for such a bob. In that case r -will be = 1. inch, and -<span class="division"> - <span class="numerator"><i>rr</i></span> - <span class="denominator">5d</span> -</span> = -<span class="division"> - <span class="numerator">1</span> - <span class="denominator">9787</span> -</span> -inches. -</p> - -<p> -In the cylindrical second rod, call the length of the rod, -3 x 19.575. or 3d, and its radius = <i>r</i> and - -<span class="division"> - <span class="numerator"><i>rr</i></span> - <span class="denominator">2x3d</span> -</span> -= -<span class="division"> - <span class="numerator"><i>rr</i></span> - <span class="denominator">6d</span> -</span> -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 <i>r</i> will be = .1 inch, and -<span class="division"> - <span class="numerator"><i>rr</i></span> - <span class="denominator">6d</span> -</span> -= -<span class="division"> - <span class="numerator">1</span> - <span class="denominator">11745</span> -</span> -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 <sup>1</sup>⁄<sub>1879</sub> of an inch, or <sup>1</sup>⁄<sub>110356</sub> of the length of -the rod. -</p> - -<p> -<a id='IT_2' href='#IF_2'>(2.)</a> 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. -</p> - -<p> -<span class='pagenum'><a id='Page_492'>492</a></span> -<a id='IT_3' href='#IF_3'>(3.)</a> Sir Isaac Newton's computations for the different degrees -of latitude, from 30° to 45°, are as follows: -</p> - -<table summary="Degrees of Latitude"> -<tr> -<td></td> -<td class="tdc">Pieds.</td> -<td class="tdc">Lignes.</td> -</tr> -<tr> -<td>30°</td> -<td class="tdc">3</td> -<td class="tdc">7.948</td> -</tr> -<tr> -<td>35</td> -<td class="tdc">3</td> -<td class="tdc"> 8.099</td> -</tr> -<tr> -<td>40</td> -<td class="tdc">3</td> -<td class="tdc"> 8.261</td> -</tr> -<tr> -<td>41</td> -<td class="tdc">3</td> -<td class="tdc"> 8.294</td> -</tr> -<tr> -<td>42</td> -<td class="tdc">3</td> -<td class="tdc"> 8.327</td> -</tr> -<tr> -<td>43</td> -<td class="tdc">3</td> -<td class="tdc"> 8.361</td> -</tr> -<tr> -<td>44</td> -<td class="tdc">3</td> -<td class="tdc"> 8.394</td> -</tr> -<tr> -<td>45</td> -<td class="tdc">3</td> -<td class="tdc"> 8.428</td> -</tr> -</table> - -<p> -<a id='IT_4' href='#IF_4'>(4.)</a> Or, more exactly, 144:175::224:272.2. -</p> - -<p> -<a id='IT_5' href='#IF_5'>(5.)</a> Or, more exactly, 62.5:1728::77.7:2150.39. -</p> - -<p> -<a id='IT_6' href='#IF_6'>(6.)</a> The merchant's weight. -</p> - -<p> -<a id='IT_7' href='#IF_7'>(7.)</a> The Eng. rood contains 10,890 sq. feet = 104.355 feet sq. -</p> - -<p class="center p2"> -<a id='IT_8' href='#IF_8'>(8.)</a> <i>The Measures, Weights, and Coins of the Decimal System, -estimated in those of England, now used in the United States</i>. -</p> - -<p class="center p2"> -1. MEASURES OF LENGTH. -</p> - -<table summary="Length Equivalences"> -<col width="30%" /> -<col width="15%" /> -<col width="20%" /> -<col width="35%" /> -<tr> -<td></td> -<td>Feet.</td> -<td>Equivalent in English measure.</td> -</tr> -<tr> -<td>The point,</td> -<td>.001</td> -<td colspan="2">.011 inch.</td> -</tr> -<tr> -<td>The line,</td> -<td>.01</td> -<td colspan="2">.117</td> -</tr> -<tr> -<td>The inch,</td> -<td>.1</td> -<td colspan="2">1.174, about <sup>1</sup>⁄<sub>7</sub> more than the Eng. inch.</td> -</tr> -<tr> -<td>The foot,</td> -<td>1.</td> -<td>} 11.744736</td> -<td rowspan="2">} about <sup>1</sup>⁄<sub>48</sub> less than the English foot.</td> -</tr> -<tr> -<td></td> -<td></td> -<td>} .978728 feet,</td> -</tr> -<tr> -<td>The decad,</td> -<td>10.</td> -<td colspan="2">9.787, about <sup>1</sup>⁄<sub>48</sub> less than the 10 feet rod of the carpenters.</td> -</tr> -<tr> -<td>The rood,</td> -<td>100.</td> -<td colspan="2">97.872, about <sup>1</sup>⁄<sub>16</sub> less than the side of an English square rood.</td> -</tr> -<tr> -<td>The furlong,</td> -<td>1000.</td> -<td colspan="2">978.728, about ⅓ more than the Eng. fur.</td> -</tr> -<tr> -<td>The mile,</td> -<td>10000.</td> -<td colspan="2">9787.28, about 1 <sup>6</sup>⁄<sub>7</sub> English mile, nearly the Scotch and Irish mile, and ½ the German mile.</td> -</tr> -</table> - -<p class="center p2"> -2. SUPERFICIAL MEASURE. -</p> - -<table summary="Surface measures"> -<tr> -<td></td> -<td class="tdc">Roods.</td> -</tr> -<tr> -<td>The hundredth,</td> -<td>.01</td> -<td>95.69 square feet English.</td> -</tr> -<tr> -<td>The tenth,</td> -<td>.1</td> -<td>957.9</td> -</tr> -<tr> -<td>The rood,</td> -<td>1.</td> -<td>9579.085</td> -</tr> -<tr> -<td>The double acre,</td> -<td>10.</td> -<td>2.199, or say 2.2 acres English.</td> -</tr> -<tr> -<td>The square furlong,</td> -<td>100.</td> -<td>22. -<span class='pagenum'><a id='Page_493'>493</a></span></td> -</tr> -</table> - -<p class="center p2"> -3. MEASURE OF CAPACITY. -</p> - -<table summary="Measure of Capacity"> -<col width="30%" /> -<col width="15%" /> -<col width="20%" /> -<col width="35%" /> -<tr> -<td></td> -<td class="tdc">Bushels.</td> -<td>Cub. Inches</td> -</tr> -<tr> -<td>The metre,</td> -<td>.001</td> -<td>1.62</td> -</tr> -<tr> -<td>The demi-pint,</td> -<td>.01</td> -<td>16.2, about <sup>1</sup>⁄<sub>24</sub> less than the English - half-pint.</td> -</tr> -<tr> -<td>The pottle,</td> -<td>.1</td> -<td>162.005, about ⅙ more than the English - pottle.</td> -</tr> -<tr> -<td>The bushel,</td> -<td>1.</td> -<td>{ 1620.05506862<br /> -{ .937531868414884352 cub feet.</td> -</tr> -<tr> -<td></td> -<td></td> -<td>about ¼ less than the middle sized -English bushel.</td> -</tr> -<tr> -<td>The quarter,</td> -<td>10.</td> -<td>9.375, about ⅕ less than the Eng. qr.</td> -</tr> -<tr> -<td>The last,</td> -<td>100.</td> -<td>93.753, about <sup>1</sup>⁄<sub>7</sub> more than the Eng. last.</td> -</tr> -</table> - -<p class="center p2"> -4. WEIGHTS. -</p> - -<table summary="Weights"> -<tr> -<td></td> -<td class="tdc"> Pounds.</td> -<td>Avoirdupois.</td> -<td>Troy.</td> -</tr> -<tr> -<td>Mite,</td> -<td>.00001</td> -<td></td> -<td>.041 grains, about ⅕ less than the English mite.</td> -</tr> -<tr> -<td>Minim, or demi-grain,</td> -<td>.0001</td> -<td></td> -<td>.4101, about ⅕ less -than half-grain troy.</td> -</tr> -<tr> -<td>Carat,</td> -<td>.001</td> -<td></td> -<td>.4101, about <sup>1</sup>⁄<sub>40</sub> more than the carat troy.</td> -</tr> -<tr> -<td>Double scruple,</td> -<td>.01</td> -<td></td> -<td>41.017, about <sup>1</sup>⁄<sub>40</sub> -more than 2 scruples troy.</td> -</tr> -<tr> -<td>Ounce,</td> -<td> .1</td> -<td>9375318684148 </td> -<td>410.170192431</td> -</tr> -<tr> -<td></td> -<td></td> -<td>84352 oz.</td> -<td>.85452 oz.</td> -</tr> -<tr> -<td></td> -<td></td> -<td colspan="2">about <sup>1</sup>⁄<sub>16</sub> less than the ounce avoirdupois.</td> - -</tr> -<tr> -<td>Pound,</td> -<td>1.</td> -<td>9.375</td> -<td>.712101 lb.,</td> -</tr> -<tr> -<td></td> -<td></td> -<td colspan="2">.585957417759 lb.</td> -</tr> -<tr> -<td></td> -<td></td> -<td colspan="2">about ¼ less than the pound troy.</td> -</tr> -<tr> -<td>Stone,</td> -<td>10.</td> -<td>93.753 oz.</td> -<td>7.121</td> -</tr> -<tr> -<td></td> -<td></td> -<td>5.8595 lb.</td> -</tr> -<tr> -<td></td> -<td></td> -<td colspan="2">about ¼ less than the English stone of 8 lbs. avoirdupois.</td> -</tr> -<tr> -<td>Kental,</td> -<td>100.</td> -<td>937.531 oz.</td> -<td>71.21</td> -</tr> -<tr> -<td></td> -<td></td> -<td>58.5957 lb.</td> -</tr> -<tr> -<td></td> -<td></td> -<td colspan="2">about <sup>4</sup>⁄<sub>10</sub> less than the English kental of 100 lbs. avoirdupois.</td> -</tr> -<tr> -<td>Hogshead,</td> -<td>1000.</td> -<td>9375.318 oz.</td> -<td>712.101</td> -</tr> -<tr><td></td> -<td></td> -<td>585.9574 lb.</td> -</tr> -</table> - -<p> -<span class='pagenum'><a id='Page_494'>494</a></span></p> - -<p class="center p2"> -5. COINS. -</p> - -<table summary="Coins"> -<tr> -<td></td> -<td class="tdc">Dollars.</td> -<td class="tdc">Troy grains.</td> -</tr> -<tr> -<td>The mill,</td> -<td>.001</td> -</tr> -<tr> -<td>The cent,</td> -<td>.01</td> -</tr> -<tr> -<td>The dime,</td> -<td>.1</td> -</tr> -<tr> -<td> Dollar,</td> -<td>1.</td> -<td>375.98934306 pure silver.<br /> -34.18084937 alloy.</td> -</tr> -<tr> -<td>Eagle,</td> -<td>10.</td> -<td>410.17019243</td> -</tr> -</table> - -<p class="center p2"> -<i>Postscript.</i> -</p> - -<p class="letter_head"> -January 10, 1791. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_495'>495</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -VIII.—<i>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.</i> -</h3> - -<p class="letter_head"> -July 15, 1790. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_496'>496</a></span> -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. -</p> - -<p> -That is now to be considered. -</p> - -<p> -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 -<i>majority</i> 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_497'>497</a></span> -these were not meant to comprehend it, or to provide for its exercise -by others, when they cannot exercise it themselves. -</p> - -<p> -"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 <i>less than a majority</i>, a right to which it knew that -lesser number could not have of themselves. -</p> - -<p> -"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. -</p> - -<p> -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." -</p> - -<p> -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 -<span class='pagenum'><a id='Page_498'>498</a></span> -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. -</p> - -<p> -"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. -</p> - -<p> -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. -</p> - -<p> -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 <i>by law</i>, when, in Art. 1, Sec. 4. -<span class='pagenum'><a id='Page_499'>499</a></span> -(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, <i>by law</i>, appoint a different day." Then another day -may be appointed <i>by law</i>; 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 <i>a law</i>. 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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_500'>500</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_501'>501</a></span> -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. -</p> - -<h3> -IX.—<i>Opinion respecting the expenses and salaries of foreign -Ministers.</i> -</h3> - -<p class="letter_head"> -July 17, 1790. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -1. <i>Couriers, Gazettes, Translating necessary papers, Printing -necessary papers, Aids to poor Americans.</i>—All three agreed -that these ought to be allowed as additional charges, not included -<span class='pagenum'><a id='Page_502'>502</a></span> -within the meaning of the phrase, "his personal services, and -other expenses." -</p> - -<p> -2. <i>Postage, Stationary, Court-fees.</i>—One of the gentlemen -being of opinion that the phrase "personal services, and other -expenses," was meant to comprehend all the <i>ordinary expenses</i> -of the office, considered this second class of expenses as <i>ordinary</i>, -and therefore included in the fixed salary. The first class -before mentioned, he had viewed as <i>extraordinary</i>. 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. -</p> - -<p> -3. <i>Ceremonies;</i> such as diplomatic and public dinners, galas, -and illuminations. One gentleman only was of opinion these -might be allowed. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_503'>503</a></span> -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. -</p> - -<p> -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. -</p> - -<div class="medlg"> -<p class="p2"> -[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.—<span class='smcap'>Ed.</span>] -</p> - -<p class="center"> -<i>Estimate of the Expenses of a Minister Plenipotentiary.</i> -</p> - -<p class="letter_head"> -July 19, 1790. -</p> - -<table summary="Expenses of a Minister Plenipotentiary"> -<tr> -<td class="tdh">Minister Plenipotentiary, his salary</td> -<td class="tdr">$9,000</td> -</tr> -<tr> -<td class="tdh">His outfit, suppose it to happen once in seven years, -will average</td> -<td class="tdr">1,285</td> -</tr> -<tr> -<td class="tdh">His return at a quarter's salary will average</td> -<td class="tdr">321</td> -</tr> -<tr> -<td class="tdh">Extras, viz.: Gazettes, Translating, Printing, Aids to poor -American sailors, Couriers, and Postage, about</td> -<td class="tdr">350</td> -</tr> -<tr> -<td class="tdh">His Secretary</td> -<td class="tdr tdu">1,350</td> -</tr> -<tr> -<td></td> -<td>$12,396</td> -</tr> -</table> - -<p class="center"> -<i>Estimate for a Chargé des Affaires.</i> -</p> - -<table summary="Expenses of Charge des Affaires and Agent"> -<tr> -<td class="tdh">Chargé des Affaires, his salary</td> -<td class="tdr">$4,500</td> -</tr> -<tr> -<td class="tdh">His outfit, once in seven years, equal to an annual sum of</td> -<td class="tdr">643</td> -</tr> -<tr> -<td class="tdh">His return at a quarter's salary, do</td> -<td class="tdr">161</td> -</tr> -<tr> -<td class="tdh">Extras, as above</td> -<td class="tdr tdu">350</td> -</tr> -<tr> -<td></td> -<td>$5,654</td> -</tr> - -<tr> -<td class="padtop tdh">The Agent at the Hague, his salary</td> -<td class="tdr padtop">$1,300</td> -</tr> -<tr> -<td class="tdh">Extras</td> -<td class="tdr tdu">100</td> -</tr> -<tr> -<td></td> -<td class="tdr">$1,400</td> -</tr> -</table> - -<p class="center"> -<span class='pagenum'><a id='Page_504'>504</a></span> -<i>Estimate of the Annual Expenses of the Establishment proposed.</i> -</p> - -<table summary="Annual Expenses Summary"> -<tr> -<td class="tdh">France, a Minister Plenipotentiary</td> -<td class="tdr">$12,306</td> -</tr> -<tr> -<td class="tdh">London, do. do.</td> -<td class="tdr">12,306</td> -</tr> -<tr> -<td class="tdh">Madrid, a Chargé des Affaires</td> -<td class="tdr">5,654</td> -</tr> -<tr> -<td class="tdh">Lisbon, do. do. do.</td> -<td class="tdr">5,654</td> -</tr> -<tr> -<td class="tdh">Hague, an agent</td> -<td class="tdr">1,400</td> -</tr> -<tr> -<td class="tdh">Morocco, a consul</td> -<td class="tdr">1,800</td> -</tr> -<tr> -<td class="tdh">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</td> -<td class="tdr tdu">715</td> -</tr> -<tr> -<td></td> -<td class="tdr">$39,835</td> -</tr> -</table> - -<p class="center"> -<i>Estimate of the probable calls on our foreign fund from July 1, 1790, when the -act for foreign intercourse passed, to July 1, 1791.</i> -</p> - -<table summary="Calls on Foreign Fund"> -<col width="60%" /> -<col width="40%" /> -<tr> -<td class="tdh">France, a Minister Plenipotentiary, his outfit</td> -<td class="tdr">$9,000</td> -</tr> -<tr> -<td class="tdh">His salary, suppose it to commence August 1st</td> -<td class="tdr">8,250</td> -</tr> -<tr> -<td class="tdh">Extras</td> -<td class="tdr">320</td> -</tr> -<tr> -<td class="tdh">Secretary</td> -<td class="tdr">1,237.5 — $18,807.5</td> -</tr> -<tr> -<td class="tdh">Chargé, suppose him to remain till November 1st. Salary</td> -<td class="tdr">1,500</td> -</tr> -<tr> -<td class="tdh">Extras</td> -<td class="tdr">117</td> -</tr> -<tr> -<td class="tdh">His return, a quarter's salary</td> -<td class="tdr">1,125 — 2,742</td> -</tr> -<tr> -<td class="tdh">Madrid, a Chargé, his salary</td> -<td class="tdr">4,500</td> -</tr> -<tr> -<td class="tdh">Extras</td> -<td class="tdr">350 — 4,850</td> -</tr> -<tr> -<td class="tdh">Lisbon, a Chargé, (or Resident,) his outfit</td> -<td class="tdr">4,500</td> -</tr> -<tr> -<td class="tdh">His salary, suppose it to commence January 1, 1791</td> -<td class="tdr">2,250</td> -</tr> -<tr> -<td class="tdh">Extras</td> -<td class="tdr">175 — 6,925</td> -</tr> -<tr> -<td class="tdh">London, an Agent, suppose to commence October 1st, at $1,350 salary</td> -<td class="tdr">1,012.5</td> -</tr> -<tr> -<td class="tdh">Extras, (at $100 a year)</td> -<td class="tdr">75 — 1,087.5</td> -</tr> -<tr> -<td class="tdh">Hague, an Agent</td> -<td class="tdr">1,400</td> -</tr> -<tr> -<td class="tdh">Morocco, Consul</td> -<td class="tdr">1,800 — 3,200</td> -</tr> -<tr> -<td class="tdh">Presents to foreign Ministers. The dye about</td> -<td class="tdr">500</td> -</tr> -<tr> -<td class="tdh">Two medals and chains</td> -<td class="tdr tdu">2,000 — 2,500</td> -</tr> -<tr> -<td></td> -<td class="tdr">$40,112</td> -</tr> -</table> -</div> - -<h3> -X.—<i>Opinion in regard to the continuance of the monopoly of -the commerce of the Creek nation, enjoyed by Col. McGillivray</i>: -</h3> - -<p class="letter_head"> -July 29th, 1790. -</p> - -<p> -Colonel McGillivray, with a company of British merchants, -having hitherto enjoyed a monopoly of the commerce of the -<span class='pagenum'><a id='Page_505'>505</a></span> -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? -</p> - -<p> -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. -</p> - -<p> -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.<a name='FA_24' id='FA_24' href='#FN_24' class='fnanchor'>[24]</a> 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 -<span class='pagenum'><a id='Page_506'>506</a></span> -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. -</p> - -<h3> -XI.—<i>Opinion respecting our foreign debt.</i> -</h3> - -<p class="letter_head"> -August 26, 1790. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_507'>507</a></span> -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. -</p> - -<p> -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 <i>foreign paper</i>, 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_508'>508</a></span> -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. -</p> - -<h3> -XII.—<i>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.</i> -</h3> -<div class="blockquot"> -<p class="center"> -GEORGE WASHINGTON TO THOMAS JEFFERSON. -</p> - -<p class="letter_head"> -<span class='smcap'>United States</span>, August 27, 1790. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_509'>509</a></span> -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. -</p> - -<p> -The <i>consequences</i> 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. -</p> - -<p> -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? -</p> - -<p> -What notice ought be taken of the measure, if it should be undertaken without -leave, which is the most probable proceeding of the two? -</p> - -<p> -The opinion of the Secretary of State is requested in writing upon the above -statements. -</p> -</div> - -<p class="center p2"> -<i>Opinion on the questions stated in the President's note of August -27th, 1790.</i> -</p> - -<p class="letter_head"> -August 28, 1790. -</p> - -<p> -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 <i>general war</i> expected to take -place, should this be the only means of preventing the calamity. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -So that I am for preserving neutrality as long, and entering -into the war as late, as possible. -</p> - -<p> -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. -</p> - -<p> -It is well enough agreed, in the laws of nations, that for a neutral -<span class='pagenum'><a id='Page_510'>510</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -XIII.—<i>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.</i> -</h3> - -<p class="letter_head"> -August 29, 1790. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_511'>511</a></span> -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? -</p> - -<p> -Always taking care neither to say nor do, against their passage, -what might directly commit either our peace or honor. -</p> - -<h3> -XIV.—<i>Opinion on proceedings to be had under the Residence act.</i> -</h3> - -<p class="letter_head"> -November 29, 1790. -</p> - -<p> -A territory not exceeding ten miles square (or, I presume, one -hundred square miles in any form) to be located by metes and -bounds. -</p> - -<p> -<span class='pagenum'><a id='Page_512'>512</a></span> -Three commissioners to be appointed. I suppose them not -entitled to any salary. -</p> - -<p> -[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.] -</p> - -<p> -The commissioners to purchase or accept "such quantity of -land on the east side of the river as the President shall deem -<i>proper for the United States</i>," 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. -</p> - -<p> -The expression "such quantity of land as the President shall -deem <i>proper for the United States</i>," 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. -</p> - -<p> -The commissioners should have some taste in architecture, because -they may have to decide between different plans. -</p> - -<p> -They will, however, be subject to the President's direction in -every point. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_513'>513</a></span> -The lots to be sold out in breadths of fifty feet; their depths -to extend to the diagonal of the square. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -XV.—<i>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.</i> -</h3> - -<p class="letter_head"> -December 14, 1790. -</p> - -<p> -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: -</p> - -<p> -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. -</p> - -<p> -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: -<span class='pagenum'><a id='Page_514'>514</a></span> -there remain, however, the following description of cases, on -which he asks further instructions: -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_515'>515</a></span> -this class are believed to be forgeries, and are, therefore, to be -guarded against. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -XVI.—<i>Opinion on certain proceedings of the Executive in the -North-western Territory.</i> -</h3> - -<p class="letter_head"> -December 14, 1790. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_516'>516</a></span> -opinion be communicated to the Governor of the North-western -Territory, for his future conduct. -</p> - -<p> -[The following are the extracts alluded to above.] -</p> -<div class="blockquot"> -<p class="tdh"> -<i>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.</i> -</p> - -<p> -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. -</p> - -<p class="p2"> -June 6, 1790.—The Governor at Kaskaskias, was pleased to make the following -proclamation: -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p class="p2"> -<span class='smcap'>Proclamation.</span>—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 <i>not only</i> of forfeiting the flesh and -skins which they might acquire, but also prosecution and punishment as trespassers. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_517'>517</a></span> -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. -</p> - -<p> -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. -</p> - -<p class="signature"> -(Signed,) -<span class='smcap'>Winthrop Sargent</span>. -</p> - -<p class="p2"> -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. -</p> - -<p class="signature"> -(Signed,) -<span class='smcap'>Winthrop Sargent</span>. -</p> -</div> - -<h3> -XVII.—<i>Report on certain letters from the President to Mr. -Gouverneur Morris, and from Mr. Morris to the President, -relative to our difficulties with England</i>—1790. -</h3> - -<p class="letter_head"> -December 15, 1790. -</p> - -<p> -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: -</p> - -<p> -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: -</p> - -<p> -1. Their retention of the western posts contrary to the treaty -of peace. -</p> - -<p> -2. Indemnification for the negroes carried off against the stipulations -of the same treaty. -</p> - -<p> -<span class='pagenum'><a id='Page_518'>518</a></span> -3. A treaty for the regulation of the commerce between the -two countries. -</p> - -<p> -4. The exchange of a minister. -</p> - -<p> -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: -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 <i>alliance</i> as well as <i>commerce</i>, 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. -</p> - -<p> -4. That as to a minister, their Secretary for foreign affairs is -<span class='pagenum'><a id='Page_519'>519</a></span> -disposed to exchange one, but meets with opposition in his -cabinet, so as to render the issue uncertain. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -XVIII.—<i>Report relative to the Mediterranean trade.</i> -</h3> - -<p class="letter_head"> -December 28, 1790. -</p> - -<p> -The Secretary of State, to whom was referred by the House -of Representatives so much of the speech of the President of -<span class='pagenum'><a id='Page_520'>520</a></span> -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: -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_521'>521</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_522'>522</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_523'>523</a></span> -thousand pounds sterling.<a name='FA_25' id='FA_25' href='#FN_25' class='fnanchor'>[25]</a> 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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_524'>524</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_525'>525</a></span> -that we may find ourselves in the case of those nations -to whom they refuse peace at any price. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_526'>526</a></span> -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. -</p> - -<p> -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. -</p> - -<div class="blockquot p2"> -<p class="center"> -<a id="Number1">No. 1.</a>—<i>Extract of a letter from Richard O'Brien, one of the American captives at -Algiers, to Congress. Algiers, December 26, 1789.</i> -</p> - -<p> -"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 <i>chargé des -affaires</i> in Algiers, and was much the friend of America, but he is no more. -</p> - -<p> -"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." -</p> - -<p class="center p2"> -<span class='pagenum'><a id='Page_527'>527</a></span> -No. 2.—<i>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</i> -</p> - -<p> - -"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. -</p> - -<p> -"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. -</p> - -<p> -"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. -</p> - -<p> -"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. -</p> - -<p> -"It may be reasonably concluded that this great affair cannot be finished for -much less than two hundred thousand pounds sterling." -</p> - -<p class="center p2"> -<span class='pagenum'><a id='Page_528'>528</a></span> -No. 3.—<i>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.</i> -</p> - -<p> -"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. -</p> - -<p> -"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." -</p> - -<p class="center p2"> -No. 4.—<i>Extract of a Letter from Richard O'Brien to the Hon. Thomas Jefferson. -Algiers, April 28, 1787.</i> -</p> - -<p> -"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 -<span class='pagenum'><a id='Page_529'>529</a></span> -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." -</p> - -<p class="center p2"> -<i>Extract of a Letter from Richard O'Brien to the Hon. Thomas Jefferson. Algiers, -June 13, 1789.</i> -</p> - -<p> -"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. -</p> - -<p> -"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." -</p> - -<p class="center p2"> -<i>Extract of a Letter from Richard O'Brien to the Hon. Thomas Jefferson. Algiers, -June 13, 1789.</i> -</p> - -<p> -"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." -</p> - -<p class="center p2"> -<span class='pagenum'><a id='Page_530'>530</a></span> -No. 5.—<i>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.</i> -</p> - -<p> -"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." -</p> - -<p class="center p2"> -No. 6.—<i>Several statements of the Marine force of Algiers.—Public and private</i> -</p> - -<p> -May 20, 1786.—Mr. Lamb says it consists of -</p> - -<table summary="Marine Force by Lamb"> -<col width="30%" /> -<col width="70%" /> -<tr> -<td>9 Chebecs</td> -<td rowspan="2">from 36 to 8 guns; manned, the largest with 400 men, and so in proportion.</td> -</tr> -<tr> -<td>10 Row Galleys</td> -</tr> -</table> - -<p> -May 27, 1787.—Mr. Randall furnishes two statements, viz.: -</p> - -<table summary="Marine Force by Randall"> -<tr> -<td> A more general one—</td> -<td>1 Setye of 34 guns.</td> -</tr> -<tr> -<td></td> -<td>2 Setye of 32 guns.</td> -</tr> -<tr> -<td></td> -<td>1 Setye of 26 guns.</td> -</tr> -<tr> -<td></td> -<td>1 Setye of 24 guns.</td> -</tr> -<tr> -<td></td> -<td>1 Chebec of 20 guns</td> -</tr> -<tr> -<td></td> -<td>1 Chebec of 18 guns.</td> -</tr> -<tr> -<td></td> -<td class="tdu">1 Chebec of 10 guns.</td> -</tr> -<tr> -<td></td> -<td>8</td> -</tr> -<tr> -<td colspan="2" class="tdc">4 half-galleys, carrying from 120 to 130 Moors.</td> -</tr> -<tr> -<td colspan="2" class="tdc">3 galliots of 70, 60, and 50 Moors.</td> -</tr> -</table> - -<p> -A more particular one as follows: -</p> - -<table summary="More Particular Force Estimate"> -<tr> -<td>1 of 32 guns,</td> -<td>viz. 2 eighteens,</td> -<td>24 nines, 6 fours,</td> -<td>and 450 men.</td> -</tr> -<tr> -<td>1 of 28 guns,</td> -<td>viz. 2 twelves,</td> -<td>24 nines, 2 sixes,</td> -<td>and 400 men.</td> -</tr> -<tr> -<td>1 of 24 guns,</td> -<td>viz.</td> -<td>20 fours,</td> -<td>and 350 men.</td> -</tr> -<tr> -<td>1 of 20 guns,</td> -<td>viz. </td> -<td>20 sixes, </td> -<td>and 300 men.</td> -</tr> -<tr> -<td>2 of 18 guns,</td> -<td>viz. </td> -<td>18 sixes, </td> -<td>and 260 men.</td> -</tr> -<tr> -<td>1 of 16 guns,</td> -<td>viz. </td> -<td>16 sixes, </td> -<td>and 250 men.</td> -</tr> -<tr> -<td class="tdu">2 small craft.</td> -</tr> -<tr> -<td>9</td> -</tr> -<tr> -<td colspan="4" class="tdc">55 gun-boats, carrying 1 twelve pounder each, for defence of the harbor.</td> -</tr> -</table> - -<p> -June 8, 1786.—A letter from the three American captains, O'Brien, Coffin, and -Stephens, state them -</p> - -<table summary="Captains Summary of Force"> -<tr> -<td class="tdr">as 1</td> -<td> of 32</td> -</tr> -<tr> -<td class="tdr">1 </td> -<td>of 30</td> -</tr> -<tr> -<td class="tdr">3 </td> -<td>of 24</td> -</tr> -<tr> -<td class="tdr">3 </td> -<td>of 18</td> -</tr> -<tr> -<td class="tdr tdu">1</td> -<td>of 12</td> -</tr> -<tr> -<td class="tdr">9 </td> -<td>and 55 gun-boats.</td> -</tr> -</table> - -<p> -<span class='pagenum'><a id='Page_531'>531</a></span> -September 25, 1787.—Captain O'Brien furnishes the following statement -</p> - -<table summary="OBriens Summary of Force"> -<tr> -<td class="tdr tdnoright">1</td> -<td>of 30 guns, 400 men, 106 feet length, straight keel.</td> -</tr> -<tr> -<td class="tdr tdnoright">1</td> -<td>of 26 guns, 320 men, 96 feet length, straight keel.</td> -</tr> -<tr> -<td class="tdr tdnoright">2</td> -<td>of 22 guns, 240 men, 80 feet length, straight keel.</td> -</tr> -<tr> -<td class="tdr tdnoright">1</td> -<td>of 22 guns, 240 men, 75 feet length, straight keel.</td> -</tr> -<tr> -<td class="tdr tdnoright">1</td> -<td>of 22 guns, 240 men, 70 feet length, straight keel.</td> -</tr> -<tr> -<td class="tdr tdnoright">1</td> -<td>of 18 guns, 200 men, 70 feet length, straight keel.</td> -</tr> -<tr> -<td class="tdr tdnoright">1</td> -<td>of 16 guns, 180 men, 64 feet length, straight keel.</td> -</tr> -<tr> -<td class="tdu tdr tdnoright">1</td> -<td>of 12 guns, 150 men, 50 feet length, straight keel.</td> -</tr> -<tr> -<td class="tdr tdnoright">9</td> -</tr> -<tr> -<td class="tdr tdnoright">Galleys 1</td> -<td>of 4 guns, 70 men, 40 feet length, straight keel.</td> -</tr> -<tr> -<td class="tdr tdnoright">2</td> -<td>of 2 guns, 46 men, 32 feet length, straight keel.</td> -</tr> -<tr> -<td class="tdr tdnoright">1</td> -<td>of 2 guns, 40 men, 32 feet length, straight keel.</td> -</tr> -</table> - -<p> -February 5, 1788.—Statement by the inhabitants of Algiers, spoken of in the -report. -</p> - -<ul class="none"> -<li>9 vessels from 36 down to 20 guns.</li> -<li>4 or 5 smaller.</li> -</ul> - -<p> -About this date the Algerines lost two or three vessels, stranded or taken. -</p> - -<p> -December, 1789.—Captain O'Brien furnishes the latest statement. -</p> - -<table summary="Statement from OBrien"> -<tr> -<td class="tdr">1</td> -<td>ship of 24 guns, received lately from France.</td> -</tr> -<tr> -<td class="tdr tdu">5</td> -<td>large cruisers.</td> -</tr> -<tr> -<td class="tdr"> 6</td> -<td class="tdc">3 galleys, and 60 gun-boats.</td> -</tr> -</table> - -<p> -In the fall of 1789, they laid the keel of a 40 gun frigate, and they expect two -cruisers from the grand seignior. -</p> - -<p class="center p2"> -No. 7.—<i>Translation of a Letter from Count D'Estaing to the Hon. Thomas Jefferson, -Esq. Paris, May 17, 1784.</i> -</p> - -<p> -<span class='smcap'>Sir</span>,—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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_532'>532</a></span> -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. -</p> - -<p> -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. -</p> - -<p class="signature"> -<span class='smcap'>Estaing.</span> -</p> -</div> - -<h3> -XIX.—<i>Report on the Algerine Prisoners.</i> -</h3> - -<p class="letter_head"> -December 28, 1790. -</p> - -<p> -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: -</p> - -<p> -<span class='pagenum'><a id='Page_533'>533</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_534'>534</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_535'>535</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_536'>536</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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: -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_537'>537</a></span> -In 1787, the Russians redeemed at $1,546 a man. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -From these facts and opinions, some conjecture may be formed -of the terms on which the liberty of our citizens may be obtained. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_538'>538</a></span> -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. -</p> - -<p> -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. -</p> - -<h3> -XX.—<i>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</i>: -</h3> - -<p class="letter_head"> -February 1, 1791. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -That these branches of business, annihilated during the war, -have been, in some degree, recovered since; but that they labor -<span class='pagenum'><a id='Page_539'>539</a></span> -under many and heavy embarrassments, which, if not removed, -or lessened, will render the fisheries every year less extensive -and important. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -Their history being as unconnected as their practice, they shall -be separately considered. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_540'>540</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_541'>541</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p class="center"> -* * * * * * * * -</p> - -<p> -<span class='pagenum'><a id='Page_542'>542</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -It will now be proper to count the advantages which aid, and -the disadvantages which oppose us, in this conflict. -</p> - -<p> -Our advantages are— -</p> - -<p> -<span class='pagenum'><a id='Page_543'>543</a></span> -1. The neighborhood of the great fisheries, which permits our -fishermen to bring home their fish to be salted by their wives -and children. -</p> - -<p> -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. -</p> - -<p> -3. The winter fisheries, which, like household manufactures -employ portions of time, which would otherwise be useless. -</p> - -<p> -4. The smallness of the vessels, which the shortness of the -voyage enables us to employ, and which, consequently, require -but a small capital. -</p> - -<p> -5. The cheapness of our vessels, which do not cost above the -half of the Baltic fir vessels, computing price and duration. -</p> - -<p> -6. Their excellence as sea boats, which decreases the risk and -quickens the return. -</p> - -<p> -7. The superiority of our mariners in skill, activity, enterprise, -sobriety, and order. -</p> - -<p> -8. The cheapness of provisions. -</p> - -<p> -9. The cheapness of casks, which, of itself, is said to be equal -to an extra profit of fifteen per cent. -</p> - -<p> -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. -</p> - -<p> -Of the disadvantages opposed to us, those which depend on -ourselves, are— -</p> - -<p> -Tonnage and naval duties on the vessels employed in the fishery. -</p> - -<p> -Impost duties on salt. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_544'>544</a></span> -sixty-five tons. When a business is so nearly <span lang="la">in equilibrio</span> 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? -</p> - -<p> -Of the disadvantages which depend on others, are— -</p> - -<p> -1. The loss of the Mediterranean markets. -</p> - -<p> -2. Exclusions from the markets of some of our neighbors. -</p> - -<p> -3. High duties in those of others; and, -</p> - -<p> -4. Bounties to the individuals in competition with us. -</p> - -<p> -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. -</p> - -<p> -The whale fishery was first brought into notice of the southern -<span class='pagenum'><a id='Page_545'>545</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_546'>546</a></span> -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. -</p> - -<p> -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<i>s.</i> sterling a man, annually, -<span class='pagenum'><a id='Page_547'>547</a></span> -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. -</p> - -<p> -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 <i>foreigners who had been employed in the whale -fishery</i>, 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<i>s.</i> 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. -</p> - -<p class="center"> -* * * * * * * * -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_548'>548</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_549'>549</a></span> -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. -</p> - -<p> -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. * * * * * -</p> - -<p> -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 -<span class='pagenum'><a id='Page_550'>550</a></span> -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<i>s.</i> sterling; but the wages of the officers and -seamen will be £400; there remain but £37 10<i>s.</i>, 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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_551'>551</a></span> -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. -</p> - -<p> -This brings us to the question, what relief does the condition -of this fishery require? -</p> - -<p> -1. A remission of duties on the articles used for their calling. -</p> - -<p> -2. A retaliating duty on foreign oils, coming to seek a competition -with them in or from our ports. -</p> - -<p> -3. Free markets abroad. -</p> - -<p> -1. The remission of duties will stand on nearly the same -ground with that to the cod fishermen. -</p> - -<p> -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. -</p> - -<p> -The 3d and principal object is to find markets for the vent of -oil. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_552'>552</a></span> -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. -</p> - -<p> -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 <span lang="la"><i>ex parte</i></span> 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 -<span class='pagenum'><a id='Page_553'>553</a></span> -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: -</p> - -<p> -1. Our coasting trade, already on a safe footing. -</p> - -<p> -2. Our fisheries, which, in spite of natural advantages, give -just cause of anxiety. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -If regulations exactly the counterpart of those established -<span class='pagenum'><a id='Page_554'>554</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_555'>555</a></span> -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. -</p> - -<h3> -XXI.—<i>Opinion against the constitutionality of a National Bank.</i> -</h3> - -<p class="letter_head"> -February 15, 1791. -</p> - -<p> -The bill for establishing a National Bank undertakes among -other things:— -</p> - -<p> -1. To form the subscribers into a corporation. -</p> - -<p> -2. To enable them in their corporate capacities to receive -grants of land; and so far is against the laws of <i>Mortmain</i>.<a name='FA_26' id='FA_26' href='#FN_26' class='fnanchor'>[26]</a> -</p> - -<p> -3. To make alien subscribers capable of holding lands; and -so far is against the laws of <i>alienage</i>. -</p> - -<p> -4. To transmit these lands, on the death of a proprietor, to a -certain line of successors; and so far changes the course of <i>Descents</i>. -</p> - -<p> -5. To put the lands out of the reach of forfeiture or escheat; -and so far is against the laws of <i>Forfeiture and Escheat</i>. -</p> - -<p> -6. To transmit personal chattels to successors in a certain -line; and so far is against the laws of <i>Distribution</i>. -</p> - -<p> -7. To give them the sole and exclusive right of banking under -the national authority; and so far is against the laws of Monopoly. -</p> - -<p> -<span class='pagenum'><a id='Page_556'>556</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_557'>557</a></span> -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. -</p> - -<p> -II. Nor are they within either of the general phrases, which -are the two following:— -</p> - -<p> -1. To lay taxes to provide for the general welfare of the United -States, that is to say, "to lay taxes for <i>the purpose</i> of providing -for the general welfare." For the laying of taxes is the -<i>power</i>, and the general welfare the <i>purpose</i> for which the power -is to be exercised. They are not to lay taxes <i><span lang="la">ad libitum</span> for any -purpose they please</i>; but only to <i>pay the debts or provide for the -welfare of the Union</i>. In like manner, they are not <i>to do anything -they please</i> to provide for the general welfare, but only to -<i>lay taxes</i> 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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_558'>558</a></span> -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 <i>as a -means</i> was rejected as <i>an end</i> 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. -</p> - -<p> -2. The second general phrase is, "to make all laws <i>necessary</i> -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 <i>necessary</i>, and consequently not authorized -by this phrase. -</p> - -<p> -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 "<i>necessary</i>," -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 <i>convenience</i> in some instance <i>or other</i>, to <i>some -one</i> 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 <i>necessary</i> means, that is to say, to those -means without which the grant of power would be nugatory. -</p> - -<p> -But let us examine this convenience and see what it is. The -report on this subject, page 3, states the only <i>general</i> 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; -<span class='pagenum'><a id='Page_559'>559</a></span> -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. -</p> - -<p> -Perhaps, indeed, bank bills may be a more <i>convenient</i> vehicle -than treasury orders. But a little <i>difference</i> in the degree of -<i>convenience</i>, cannot constitute the necessity which the constitution -makes the ground for assuming any non-enumerated -power. -</p> - -<p> -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 <i>necessity</i> -which may justify the assumption of a non-enumerated power as -a means for carrying into effect an enumerated one. The thing -<span class='pagenum'><a id='Page_560'>560</a></span> -may be done, and has been done, and well done, without this -assumption; therefore, it does not stand on that degree of <i>necessity</i> -which can honestly justify it. -</p> - -<p> -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. -</p> - -<p> -Can it be thought that the Constitution intended that for a -shade or two of <i>convenience</i>, 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? -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_561'>561</a></span> -where they are clearly misled by error, ambition, or interest, that -the Constitution has placed a check in the negative of the President. -</p> - -<h3> -XXII.—<i>Opinion relative to locating the Ten Mile Square for the -Federal Government, and building the Federal city.</i> -</h3> - -<p class="letter_head"> -March 11, 1791. -</p> - -<p> -Objects which may merit the attention of the President, at -Georgetown. -</p> - -<p> -The commissioners to be called into action. -</p> - -<p> -Deeds of cession to be taken from the land-holders. -</p> - -<p> -Site of the capitol and President's house to be determined on. -</p> - -<p> -Proclamation completing the location of the territory, and fixing -the site of the capitol. -</p> - -<p> -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. -</p> - -<p> -Other squares for present sale designated. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_562'>562</a></span> -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. -</p> - -<p> -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. -</p> - -<div class="figcenter"><a id="Bladensburgh"></a> -<img src="images/562.jpg" width="300" height="296" alt="Alteration of plot at Bladensburgh" /> -</div> - -<p> -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, -<span class='pagenum'><a id='Page_563'>563</a></span> -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 <i>then</i> 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. -</p> - -<p> -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. -</p> - -<h3> -XXIII.—<i>Report on the policy of securing particular marks to -Manufacturers, by law.</i> -</h3> - -<p class="letter_head"> -December 9, 1791. -</p> - -<p> -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 -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_564'>564</a></span> -That this should be done by general laws, extending equal -right to every case to which the authority of the Legislature -should be competent. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -XXIV.—<i>Opinion relative to the demolition of Mr. Carroll's -house by Major L'Enfant, in laying out the Federal City.</i> -</h3> - -<p class="letter_head"> -December 11, 1791. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_565'>565</a></span> -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. -</p> - -<p> -The Major says he had as much right to pull down a house, -as to cut down a tree. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_566'>566</a></span> -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. -</p> - -<p> -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 <i>implication</i>, 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 <i>small</i> obstructions, <i>where they insuperably -prevented his operations</i>; 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. -</p> - -<p> -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. -</p> - -<p> -He desires a line of demarcation between his office, and that -of the commissioners. -</p> - -<p> -What should be this line? and who is to draw it? If we consider -the matter under the <i>act of Congress</i> 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, -<span class='pagenum'><a id='Page_567'>567</a></span> -order and countermand, take on themselves such parts of the -execution as they please, and assign other parts to subordinate -agents. Consequently, under the <i>act of Congress</i>, 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. -</p> - -<h3> -XXV.—<i>Opinion relative to certain lands on Lake Erie, sold -by the United States to Pennsylvania.</i> -</h3> - -<p class="letter_head"> -December 19, 1791. -</p> - -<p> -The Secretary of State, to whom was referred, by the President -of the United States, a letter from the Governor of Pennsylvania, -<span class='pagenum'><a id='Page_568'>568</a></span> -with the documents therein mentioned, on the subject -of certain lands on Lake Erie, having had the same under consideration, -thereupon Reports:— -</p> - -<p> -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. -</p> - -<p> -That a sale was accordingly made to the commonwealth of -Pennsylvania. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -XXVI.—<i>Report relative to negotiations with Spain to secure the -free navigation of the Mississippi, and a port on the same.</i> -</h3> - -<p class="letter_head"> -December 22, 1791. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_569'>569</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> -<p><span class='pagenum'><a id='Page_570'>570</a></span></p> - -<p class="letter_head"> -March 18, 1792. -</p> - -<p> -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: -</p> - -<p> -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. -</p> - -<p> -These subjects are, -</p> - -<p> -I. Boundary. -</p> - -<p> -II. The navigation of the Mississippi. -</p> - -<p> -III. Commerce. -</p> - -<p> -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: -</p> - -<p> -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 -<span class='pagenum'><a id='Page_571'>571</a></span> -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, <i>without compensation</i>, 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 <i>quoad hoc</i> in -the place of Great Britain. And she was bound by natural -rights to deliver them to the same United States on a much -<span class='pagenum'><a id='Page_572'>572</a></span> -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. <i>Vattel</i>, 1. 3, 122. -</p> - -<p> -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, <i>Grotius</i>, 1. 3, c. 6, § 26. -<i>Puffendorf</i>, 1. 8, c. 17, § 23. <i>Vattel</i>, 1. 3, § 197, 198. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_573'>573</a></span> -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. -</p> - -<p> -The southern limits of Georgia depend chiefly on, -</p> - -<p> -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<a name='FA_27' id='FA_27' href='#FN_27' class='fnanchor'>[27]</a> <span lang="fr_FR">Memoires -de l'Amerique,</span> 554. -</p> - -<p> -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." -</p> - -<p> -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,— -</p> - -<p> -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 -<span class='pagenum'><a id='Page_574'>574</a></span> -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. <i>Qu.</i> 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.] -</p> - -<p> -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, -<span class='pagenum'><a id='Page_575'>575</a></span> -which would be amicably regulated, and <i>would by no means -oppose the general principle</i>. 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. -</p> - -<p> -II.—The navigation of the Mississippi. -</p> - -<p> -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. -</p> - -<p> -Our right to participate in the navigation of that part of the -river, also, is to be considered, under -</p> - -<p> -1. The Treaty of Paris of 1763, -</p> - -<p> -2. The Revolution Treaty of 1782-3. -</p> - -<p> -3. The law of nature and nations. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_576'>576</a></span> -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. -</p> - -<p> -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 <i>of the river</i>, 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 -<span class='pagenum'><a id='Page_577'>577</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -But our right is built on ground still broader and more unquestionable, -to wit: -</p> - -<p> -3. On the law of nature and nations. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_578'>578</a></span> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_579'>579</a></span> -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. -</p> - -<div class="figright"><a id="river"></a> -<img src="images/579.jpg" width="80" height="273" alt="River" /> -</div> -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_580'>580</a></span> -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. -</p> - -<p> -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,<a name='FA_28' id='FA_28' href='#FN_28' class='fnanchor'>[28]</a> (<span lang="la">flumina publica sunt, hoc -est populi Romani,</span> 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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_581'>581</a></span> -idea both of the extent and the limitations of this right. Ins. 1. -2. t. 1. § 4. <span lang="la"><a name='FA_29' id='FA_29' href='#FN_29' class='fnanchor'>[29]</a>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.</span> And -again, §5, <a name='FA_30' id='FA_30' href='#FN_30' class='fnanchor'>[30]</a><span lang="la">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,</span> &c. Again, § 1. -<a name='FA_31' id='FA_31' href='#FN_31' class='fnanchor'>[31]</a><span lang="la">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.</span> -</p> - -<p> -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. -</p> - -<p> -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; -<span class='pagenum'><a id='Page_582'>582</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 <span lang="fr_FR">entrepôt</span> sufficiently safe; that on the -eastern side the only lands below the town, not subject to inundation, -are at the <span lang="fr_FR">Detour aux Anglais</span>, 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 -<span class='pagenum'><a id='Page_583'>583</a></span> -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. -</p> - -<p> -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 <span lang="fr_FR">Detour aux Anglais</span>, -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. -</p> - -<p> -It will probably be urged, because it was urged on a former occasion, -that, if Spain <i>grants</i> 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 <i>most favored nation</i>. -</p> - -<p> -Two answers may be given to this: -</p> - -<p> -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 -<span class='pagenum'><a id='Page_584'>584</a></span> -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 <i>European</i> was inserted in their treaty. It -may fairly be considered then as the rational and received interpretation -of the diplomatic term, <span lang="la">"gentis amicissimæ"</span><a name='FA_32' id='FA_32' href='#FN_32' class='fnanchor'>[32]</a> 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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_585'>585</a></span> -what of course they did not possess themselves, the preceding -observations furnish sufficient matter for refutation. -</p> - -<p> -To conclude the subjects of boundary and navigation, each -of the following conditions is to be considered by the commissioners -as a <span lang="la"><i>sine quâ non</i></span>. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -4. That such conveniences be allowed us ashore, as may render -our right of navigation practicable and under such regulations -as may <span lang="la"><i>bonâ fide</i></span> 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 <span lang="la"><i>sine quâ non</i></span>, the modifications of it are left altogether -to the discretion and management of the commissioners. -</p> - -<p> -We might add, as a fifth <span lang="la"><i>sine quâ non</i></span>, that no phrase should -be admitted in the treaty which could express or imply that we -take the navigation of the Mississippi as a <i>grant</i> 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 -<span class='pagenum'><a id='Page_586'>586</a></span> -pretend to make, rather than at present, those of a separation -without coming to any agreement. -</p> - -<p> -We know not whether Spain has it in idea to ask a compensation -for the ascertainment of our right. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -There are two principles which may be proposed as the basis -<span class='pagenum'><a id='Page_587'>587</a></span> -of a commercial treaty: 1. That of exchanging the privileges -of <i>native citizens</i>; or, -</p> - -<p> -2. Those of <i>the most favored nation</i>. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_588'>588</a></span> -model. In this, however, the following changes are to be -made. -</p> - -<p> -We should be admitted to all the dominions of Spain, to which -any other foreign nation is, or may be admitted. -</p> - -<p> -Article 5 being an exemption from a particular duty in France, -will of course be omitted, as inapplicable to Spain. -</p> - -<p> -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 <i>us</i> to cruise against them with a given force. -</p> - -<p> -Article 9 and 10, concerning fisheries, to be omitted, as inapplicable. -</p> - -<p> -Article 11. The first paragraph of this article, respecting the -<i>droit d'aubaine</i>, to be omitted; that law being supposed peculiar -to France. -</p> - -<p> -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. -</p> - -<p> -Article 29. Consuls should be received in all the ports at which -the vessels of either party may be received. -</p> - -<p> -Article 30, concerning free ports in Europe and America. -<span class='pagenum'><a id='Page_589'>589</a></span> -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. -</p> - -<p> -Article 31. The <i>act</i> 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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_590'>590</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -But, 1st. If we quit the ground of the <i>most favored nation</i>, 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 -<i>detail</i>, for which they will not be prepared. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_591'>591</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -We had a right to expect that, pending a negotiation, all -things would have remained in <span lang="la"><i>statu quo</i></span>, and that Spain would -<span class='pagenum'><a id='Page_592'>592</a></span> -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. -</p> - -<h3> -XXVII.—<i>Report on the case of Charles Russell and others, -claiming certain lands.</i> -</h3> - -<p class="letter_head"> -January 21, 1792. -</p> - -<p> -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: -</p> - -<p> -Reports, That the tract of country before described, is within -<span class='pagenum'><a id='Page_593'>593</a></span> -the boundaries of the Chickasaw nation as established by the -treaty of Hopewell, the 16th day of January 1786. -</p> - -<p> -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. -</p> - -<h3> -XXVIII.—<i>Report relative to negotiations at Madrid.</i> -</h3> - -<p class="letter_head"> -March 7, 1792. -</p> - -<p> -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. -</p> - -<p> -After stating to our commissioners the foundation of our rights -to navigate the Mississippi, and to hold our southern boundary -<span class='pagenum'><a id='Page_594'>594</a></span> -at the 31st degree of latitude, and that each of these is to be a -<span lang="la"><i>sine quâ non</i></span>, it is proposed to add as follows: -</p> - -<p> -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. -</p> - -<p class="center"> -* * * * * * * * -</p> - -<h3> -XXIX.—<i>Opinion on the Bill apportioning Representation.</i> -</h3> - -<p class="letter_head"> -April 4, 1792. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_595'>595</a></span> -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:— -</p> - -<table summary="Representative Apportionment"> -<tr> -<td></td> -<td></td> -<td class="tdc">Members.</td> -</tr> -<tr> -<td>Vermont</td> -<td class="tdr">85,532</td> -<td class="tdr">3</td> -</tr> -<tr> -<td>New Hampshire</td> -<td class="tdr">141,823</td> -<td class="tdr">5</td> -</tr> -<tr> -<td>Massachusetts</td> -<td class="tdr">475,327</td> -<td class="tdr">16</td> -</tr> -<tr> -<td>Rhode Island</td> -<td class="tdr">68,444</td> -<td class="tdr">2</td> -</tr> -<tr> -<td>Connecticut</td> -<td class="tdr">285,941</td> -<td class="tdr">8</td> -</tr> -<tr> -<td>New York</td> -<td class="tdr">352,915</td> -<td class="tdr">11</td> -</tr> -<tr> -<td>New Jersey</td> -<td class="tdr">179,556</td> -<td class="tdr">6</td> -</tr> -<tr> -<td>Pennsylvania</td> -<td class="tdr">432,880</td> -<td class="tdr">14</td> -</tr> -<tr> -<td>Delaware</td> -<td class="tdr">55,538</td> -<td class="tdr">2</td> -</tr> -<tr> -<td>Maryland</td> -<td class="tdr">278,513</td> -<td class="tdr">9</td> -</tr> -<tr> -<td>Virginia</td> -<td class="tdr">630,558</td> -<td class="tdr">21</td> -</tr> -<tr> -<td>Kentucky</td> -<td class="tdr">68,705</td> -<td class="tdr">2</td> -</tr> -<tr> -<td>North Carolina</td> -<td class="tdr">353,521</td> -<td class="tdr">11</td> -</tr> -<tr> -<td>South Carolina</td> -<td class="tdr">206,236</td> -<td class="tdr">6</td> -</tr> -<tr> -<td>Georgia</td> -<td class="tdr tdu">70,843</td> -<td class="tdr tdu">2</td> -</tr> -<tr> -<td></td> -<td class="tdr">3,636,312</td> -<td class="tdr">120</td> -</tr> -</table> - -<p> -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. -</p> - -<p> -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 <i>respective numbers</i>. That is to -say, they shall be apportioned by some common ratio—for proportion, -and ratio, are equivalent words; and, in the definition -of <i>proportion among numbers</i>, 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:— -</p> -<p> -<span class='pagenum'><a id='Page_596'>596</a></span> -</p> - -<table summary="Proportional Allotment"> -<tr> -<td></td> -<td class="tdr tdu">29</td> -<td class="tdr tdu">30</td> -<td class="tdr tdu">31</td> -<td class="tdr tdu">32</td> -<td class="tdr tdu">33 </td> -<td class="tdc tdu">The Bill</td> -</tr> -<tr> -<td>Vermont</td> -<td class="tdr">2</td> -<td class="tdr">2</td> -<td class="tdr">2</td> -<td class="tdr">2</td> -<td class="tdr">2</td> -<td class="tdr">3</td> -</tr> -<tr> -<td>New Hampshire</td> -<td class="tdr">4</td> -<td class="tdr">4</td> -<td class="tdr">4</td> -<td class="tdr">4</td> -<td class="tdr">4</td> -<td class="tdr">5</td> -</tr> -<tr> -<td>Massachusetts</td> -<td class="tdr">16</td> -<td class="tdr">15</td> -<td class="tdr">15</td> -<td class="tdr">14</td> -<td class="tdr">14</td> -<td class="tdr">16</td> -</tr> -<tr> -<td>Rhode Island</td> -<td class="tdr">2</td> -<td class="tdr">2</td> -<td class="tdr">2</td> -<td class="tdr">2</td> -<td class="tdr">2</td> -<td class="tdr">2</td> -</tr> -<tr> -<td>Connecticut</td> -<td class="tdr">8</td> -<td class="tdr">7</td> -<td class="tdr">7</td> -<td class="tdr">7</td> -<td class="tdr">7</td> -<td class="tdr">8</td> -</tr> -<tr> -<td>New York</td> -<td class="tdr">12</td> -<td class="tdr">11</td> -<td class="tdr">11</td> -<td class="tdr">11</td> -<td class="tdr">10</td> -<td class="tdr">11</td> -</tr> -<tr> -<td>New Jersey</td> -<td class="tdr">6</td> -<td class="tdr">5</td> -<td class="tdr">5</td> -<td class="tdr">5</td> -<td class="tdr">5</td> -<td class="tdr">6</td> -</tr> -<tr> -<td>Pennsylvania</td> -<td class="tdr">14</td> -<td class="tdr">14</td> -<td class="tdr">13</td> -<td class="tdr">13</td> -<td class="tdr">13</td> -<td class="tdr">14</td> -</tr> -<tr> -<td>Delaware</td> -<td class="tdr">1</td> -<td class="tdr">1</td> -<td class="tdr">1</td> -<td class="tdr">1</td> -<td class="tdr">1</td> -<td class="tdr">2</td> -</tr> -<tr> -<td>Maryland</td> -<td class="tdr">9</td> -<td class="tdr">9</td> -<td class="tdr">8</td> -<td class="tdr">8</td> -<td class="tdr">8</td> -<td class="tdr">9</td> -</tr> -<tr> -<td>Virginia</td> -<td class="tdr">21</td> -<td class="tdr">21</td> -<td class="tdr">20</td> -<td class="tdr">19</td> -<td class="tdr">19</td> -<td class="tdr">21</td> -</tr> -<tr> -<td>Kentucky</td> -<td class="tdr">2</td> -<td class="tdr">2</td> -<td class="tdr">2</td> -<td class="tdr">2</td> -<td class="tdr">2</td> -<td class="tdr">2</td> -</tr> -<tr> -<td>North Carolina</td> -<td class="tdr">12</td> -<td class="tdr">11</td> -<td class="tdr">11</td> -<td class="tdr">11</td> -<td class="tdr">10</td> -<td class="tdr">12</td> -</tr> -<tr> -<td>South Carolina</td> -<td class="tdr">7</td> -<td class="tdr">6</td> -<td class="tdr">6</td> -<td class="tdr">6</td> -<td class="tdr">6</td> -<td class="tdr">7</td> -</tr> -<tr> -<td>Georgia</td> -<td class="tdr tdu">2</td> -<td class="tdr tdu">2</td> -<td class="tdr tdu">2</td> -<td class="tdr tdu">2</td> -<td class="tdr tdu">2</td> -<td class="tdr tdu">2</td> -</tr> -<tr> -<td></td> -<td class="tdr">118</td> -<td class="tdr">112</td> -<td class="tdr">109</td> -<td class="tdr">107</td> -<td class="tdr">105</td> -<td class="tdr">120</td> -</tr> -</table> - -<p> - -Then the bill reverses the constitutional precept, because, by -it, representatives are <i>not</i> apportioned among the several States, -according to their respective numbers. -</p> - -<p> -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 <i>representatives</i>, 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 <i>exactly</i>, and representatives <i>as nearly</i> as the <i>nearest ratio</i> -will admit; and the fractions must be neglected, because the -Constitution calls absolutely that there be an <i>apportionment or -common ratio</i>, 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 <i>single</i> common -ratio, or uniform divisor, as prescribed by the Constitution, the -bill has applied <i>two ratios</i>, 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:— -</p> - -<table summary="Apportionment"> -<tr> -<td>Rhode Island</td> -<td class="tdr">68,444 divided by 30,026 gives</td> -<td class="tdr">2</td> -</tr> -<tr> -<td>New York</td> -<td class="tdr">352,915 divided by 30,026 gives </td> -<td class="tdr">11</td> -</tr> -<tr> -<td> -Pennsylvania</td> -<td class="tdr">432,880 divided by 30,026 gives </td> -<td class="tdr">14</td> -</tr> -<tr> -<td> -Maryland</td> -<td class="tdr">278,513 divided by 30,026 gives </td> -<td class="tdr">9</td> -</tr> -<tr> -<td> -Virginia</td> -<td class="tdr">630,558 divided by 30,026 gives </td> -<td class="tdr">21</td> -</tr> -<tr> -<td> -Kentucky</td> -<td class="tdr">58,705 divided by 30,026 gives </td> -<td class="tdr">2</td> -</tr> -<tr> -<td> -Georgia</td> -<td class="tdr">70,843 divided by 30,026 gives </td> -<td class="tdr">2</td> -</tr> -<tr> -<td> - -Vermont</td> -<td class="tdr">85,532 divided by 27,770 gives </td> -<td class="tdr">3</td> -</tr> -<tr> -<td> -New Hampshire</td> -<td class="tdr">141,823 divided by 27,770 gives </td> -<td class="tdr">5</td> -</tr> -<tr> -<td> -Massachusetts</td> -<td class="tdr">475,327 divided by 27,770 gives </td> -<td class="tdr">16</td> -</tr> -<tr> -<td> -Connecticut</td> -<td class="tdr">235,941 divided by 27,770 gives </td> -<td class="tdr">8</td> -</tr> -<tr> -<td> -New Jersey</td> -<td class="tdr">179,556 divided by 27,770 gives </td> -<td class="tdr">6</td> -</tr> -<tr> -<td> -Delaware</td> -<td class="tdr">55,538 divided by 27,770 gives </td> -<td class="tdr">2</td> -</tr> -<tr> -<td> -North Carolina</td> -<td class="tdr">353,521 divided by 27,770 gives </td> -<td class="tdr">12</td> -</tr> -<tr> -<td> -South Carolina</td> -<td class="tdr">206,236 divided by 27,770 gives </td> -<td class="tdr">7</td> -</tr> - -</table> - -<p> -<span class='pagenum'><a id='Page_597'>597</a></span> -And if <i>two</i> ratios be applied, then <i>fifteen</i> 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 <i>numbers below the common ratio</i> -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. -</p> - -<p> -In answer to this, it is said that this phrase may mean -either the 30,000 <i>in each State</i>, or the 30,000 <i>in the whole -Union</i>, 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 -<span class='pagenum'><a id='Page_598'>598</a></span> -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? -</p> - -<p> -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? -</p> - -<p> -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 <i>the respective States</i>; -and we must take the <i>nearest common divisor</i>, 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: -</p> - -<table summary="Another Apportionment"> -<tr> -<td></td> -<td></td> -<td class="tdu">Ratio, 28,658</td> -<td>Fraction.</td> -</tr> -<tr> -<td>Vermont</td> -<td class="tdr">85,832</td> -<td class="tdr">2</td> -<td class="tdr">27,816</td> -</tr> -<tr> -<td>New Hampshire</td> -<td class="tdr">141,823</td> -<td class="tdr">4</td> -<td class="tdr">26,391</td> -</tr> -<tr> -<td>Massachusetts</td> -<td class="tdr">475,327</td> -<td class="tdr">16</td> -<td class="tdr">13,599</td> -</tr> -<tr> -<td>Rhode Island</td> -<td class="tdr">68,444</td> -<td class="tdr">2</td> -<td class="tdr">10,728</td> -</tr> -<tr> -<td>Connecticut</td> -<td class="tdr">235,941</td> -<td class="tdr">8</td> -<td class="tdr">5,077</td> -</tr> -<tr> -<td>New York</td> -<td class="tdr">352,915</td> -<td class="tdr">12</td> -<td class="tdr">6,619</td> -</tr> -<tr> -<td>New Jersey</td> -<td class="tdr">119,856</td> -<td class="tdr">6</td> -<td class="tdr">6,408</td> -</tr> -<tr> -<td>Pennsylvania</td> -<td class="tdr">432,880</td> -<td class="tdr">15</td> -<td class="tdr">10</td> -<td class="tdr">96,648</td> -</tr> -<tr> -<td class="padtop">Delaware</td> -<td class="tdr padtop">55,538</td> -<td class="tdr padtop">1</td> -<td class="tdr padtop">26,680</td> -</tr> -<tr> -<td>Maryland</td> -<td class="tdr">278,503</td> -<td class="tdr">9</td> -<td class="tdr">18,191</td> -</tr> -<tr> -<td>Virginia</td> -<td class="tdr">630,558</td> -<td class="tdr">21</td> -<td class="tdr">24,540</td> -</tr> -<tr> -<td>Kentucky</td> -<td class="tdr">68,705</td> -<td class="tdr">2</td> -<td class="tdr">10,989</td> -</tr> -<tr> -<td>North Carolina</td> -<td class="tdr">353,521</td> -<td class="tdr">12</td> -<td class="tdr">7,225</td> -</tr> -<tr> -<td>South Carolina</td> -<td class="tdr">206,236</td> -<td class="tdr">7</td> -<td class="tdr">4,230</td> -</tr> -<tr> -<td>Virginia</td> -<td class="tdr tdu">70,843</td> -<td class="tdr tdu">2</td> -<td class="tdr">23,137</td> -<td class="tdr tdu">105,582</td> -</tr> -<tr> -<td></td> -<td class="tdr">3,636,312</td> -<td class="tdr">119</td> -<td class="tdr">202,230</td> -<td class="tdr">202,230</td> -</tr> -</table> - -<p> -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 -<span class='pagenum'><a id='Page_599'>599</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<table summary="Rounding Strategy"> -<tr> -<td></td> -<td></td> -<td></td> -<td>Fractions.</td> -</tr> -<tr> -<td class="tdr">1st.</td> -<td class="tdr">45,000</td> -<td class="tdr">2</td> -<td class="tdr">15,000</td> -</tr> -<tr> -<td class="tdr"> 2d.</td> -<td class="tdr">45,000</td> -<td class="tdr">2</td> -<td class="tdr">15,000</td> -</tr> -<tr> -<td class="tdr"> 3d.</td> -<td class="tdr">45,000</td> -<td class="tdr">2</td> -<td class="tdr">15,000</td> -</tr> -<tr> -<td class="tdr"> 4th.</td> -<td class="tdr">45,000</td> -<td class="tdr">2</td> -<td class="tdr">15,000</td> -</tr> -<tr> -<td class="tdr"> 5th.</td> -<td class="tdr">45,000</td> -<td class="tdr">2</td> -<td class="tdr">15,000</td> -</tr> -<tr> -<td class="tdr"> 6th.</td> -<td class="tdr">45,000</td> -<td class="tdr">2</td> -<td class="tdr">15,000</td> -</tr> -<tr> -<td class="tdr"> 7th.</td> -<td class="tdr">45,000</td> -<td class="tdr">2</td> -<td class="tdr">15,000</td> -</tr> -<tr> -<td class="tdr"> 8th.</td> -<td class="tdr">45,000</td> -<td class="tdr">1</td> -<td class="tdr">15,000</td> -</tr> -<tr> -<td class="tdr"> 9th.</td> -<td class="tdr">44,999</td> -<td class="tdr">1</td> -<td class="tdr">14,999</td> -</tr> -<tr> -<td class="tdr">10th.</td> -<td class="tdr">44,999</td> -<td class="tdr">1</td> -<td class="tdr">14,999</td> -</tr> -<tr> -<td class="tdr">11th.</td> -<td class="tdr">44,999</td> -<td class="tdr">1</td> -<td class="tdr">14,999</td> -</tr> -<tr> -<td class="tdr">12th.</td> -<td class="tdr">44,999</td> -<td class="tdr">1</td> -<td class="tdr">14,999</td> -</tr> -<tr> -<td class="tdr">13th.</td> -<td class="tdr">44,999</td> -<td class="tdr">1</td> -<td class="tdr">14,999</td> -</tr> -<tr> -<td class="tdr">14th.</td> -<td class="tdr">44,999</td> -<td class="tdr">1</td> -<td class="tdr">14,999</td> -</tr> -<tr> -<td class="tdr">15th.</td> -<td class="tdu"> </td> -<td class="tdu"> </td> -<td class="tdr">14,999</td> - -</tr> -<tr> -<td></td> -<td></td> -<td class="tdr">674,993</td> -<td class="tdr">22</td> -</tr> -</table> -<p> -<span class='pagenum'><a id='Page_600'>600</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -2. The bill does not say that it has given the residuary representatives -<i>to the greatest fraction</i>; 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 <i>among the -smaller States</i>; at another time <i>among the larger States</i>; 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. -</p> - -<p> -3. It leaves in full force the violation of the precept which -<span class='pagenum'><a id='Page_601'>601</a></span> -declares that representatives shall be <i>apportioned</i> among the -States according to their numbers, <i>i. e.</i>, by some common ratio. -</p> - -<p> -Viewing this bill either as a <i>violation of the constitution</i>, or -as giving an <i>inconvenient exposition of its words</i>, is it a case -wherein the President ought to interpose his negative? I think -it is. -</p> - -<p> -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. -</p> - -<p> -2. It can never be used more pleasingly to the public, than in -the protection of the constitution. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -XXX.—<i>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.</i> -</h3> - -<p class="letter_head"> -December 3, 1792. -</p> - -<p> -Complaint has been made by the Representatives of Spain -that certain individuals of Georgia entered the State of Florida, -<span class='pagenum'><a id='Page_602'>602</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -1. Has the general government cognizance of these offences? -2. If it has, is any law already provided for trying and punishing -them? -</p> - -<p> -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 <i>general welfare</i> 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 <i>general welfare</i>, 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 <i>any act</i> which might tend to -the <i>general welfare</i>, 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 -<span class='pagenum'><a id='Page_603'>603</a></span> -with foreign nations will be constantly at the discretion of individuals. -</p> - -<p> -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 <i>alien sues for a tort only</i>, 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. -</p> - -<p> -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. -</p> - -<p class="p2 center"> -[<i>A note added by Mr. Jefferson at a later period.</i>] -</p> - -<p> -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? -<span class='pagenum'><a id='Page_604'>604</a></span> -</p> - -<h3> -XXXI.—<i>Report on Assays at the Mint, communicated to the -House of Representatives, January 8, 1793.</i> -</h3> - -<p> -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: -</p> - -<p> -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. -</p> - -<h3> -A. -</h3> - -<p class="letter_head"> -January 7, 1793. -</p> - -<div class="blockquot"> -<p> -<span class='smcap'>Sir</span>:—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. -</p> - -<p> -I am, with the most perfect esteem, your most obedient humble servant, -</p> - -<p class="signature"> -DAVID RITTENHOUSE, <i>Director of the Mint</i>. -</p> - -<p class="i2"> -<span class='smcap'>Thomas Jefferson</span>, <i>Secretary of State</i>. -</p> - -<h3> -<i>B.</i> -</h3> - -<p class="center"> -<i>Assay of gold coins.</i> -<span class='pagenum'><a id='Page_605'>605</a></span> -</p> - -<table summary="Assay of Gold Coins"> -<tr> -<td rowspan="2" colspan="2" class="tdc tdbordtop tdu tdbordright">Date</td> -<td colspan="4" class="tdc tdbordtop tdu">In 24 grains.</td> -<td rowspan="2" class="tdc tdbordtop tdu tdbordleft">Specific gravity.</td> -</tr> -<tr> -<td colspan="2" class="tdc tdbordtop tdu tdbordright">Fine gold.</td> -<td colspan="2" class="tdc tdbordtop tdu">Alloy.</td> -</tr> -<tr> -<td></td> -<td></td> -<td class="tdc medsm tdbordleft">grs.</td> -<td class="tdc medsm">32 pts.</td> -<td class="tdc medsm tdbordleft">grs.</td> -<td class="tdc medsm tdbordright">32 pts.</td> -</tr> -<tr> -<td rowspan="5">French guineas,</td> -<td class="tdbordright">{1726</td> -<td>21</td> -<td class="tdbordright">16</td> -<td>2</td> -<td class="tdbordright">16</td> -<td>17.48</td> -</tr> -<tr> -<td class="tdbordright">{1734</td> -<td>21</td> -<td class="tdbordright">19</td> -<td>2</td> -<td class="tdbordright">13</td> -<td>17.38</td> -</tr> -<tr> -<td class="tdbordright">{1742</td> -<td>21</td> -<td class="tdbordright">26</td> -<td>2</td> -<td class="tdbordright">06</td> -<td>17.58</td> -</tr> -<tr> -<td class="tdbordright">{1753</td> -<td>21</td> -<td class="tdbordright">03</td> -<td>2</td> -<td class="tdbordright">29</td> -<td>17.23</td> -</tr> -<tr> -<td class="tdbordright">{1775</td> -<td>21</td> -<td class="tdbordright">22</td> -<td>2</td> -<td class="tdbordright">10</td> -<td>17.57</td> -</tr> -<tr> - -<td rowspan="3">Double do.</td> -<td class="tdbordright">{1786</td> -<td>21</td> -<td class="tdbordright">22</td> -<td>2</td> -<td class="tdbordright">10</td> -<td>17.51</td> - -</tr> -<tr> -<td class="tdbordright">{1789</td> -<td>21</td> -<td class="tdbordright">22</td> -<td>2</td> -<td class="tdbordright">10</td> -<td>17.50</td> -</tr> -<tr> -<td class="tdbordright">{1790</td> -<td>21</td> -<td class="tdbordright">25</td> -<td>2</td> -<td class="tdbordright">07</td> -<td>17.57</td> -</tr> -<tr> -<td rowspan="4">Spanish pistoles,</td> -<td class="tdbordright">{1776</td> -<td>21</td> -<td class="tdbordright">21</td> -<td>2</td> -<td class="tdbordright">11</td> -<td>17.53</td> -</tr> -<tr> -<td class="tdbordright">{1780</td> -<td>21</td> -<td class="tdbordright">00</td> -<td>3</td> -<td class="tdbordright">00</td> -<td>17.57</td> -</tr> -<tr> -<td class="tdbordright">{1786</td> -<td>21</td> -<td class="tdbordright">18</td> -<td>2</td> -<td class="tdbordright">14</td> -<td>17.63</td> -</tr> -<tr> -<td class="tdbordright">{1788</td> -<td>21</td> -<td class="tdbordright">02</td> -<td>2</td> -<td class="tdbordright">30</td> -<td>17.00</td> -</tr> -<tr> - -<td rowspan="6">English guineas,</td> -<td class="tdbordright">{1755</td> -<td>21</td> -<td class="tdbordright">28</td> -<td>2</td> -<td class="tdbordright">04</td> -<td>17.78</td> -</tr> -<tr> -<td class="tdbordright">{1777</td> -<td>21</td> -<td class="tdbordright">31</td> -<td>2</td> -<td class="tdbordright">01</td> -<td>17.75</td> -</tr> -<tr> -<td class="tdbordright">{1785</td> -<td>21</td> -<td class="tdbordright">30</td> -<td>2</td> -<td class="tdbordright">02</td> -<td>17.78</td> -</tr> -<tr> -<td class="tdbordright">{1788</td> -<td>21</td> -<td class="tdbordright">31</td> -<td>2</td> -<td class="tdbordright">01</td> -<td>17.79</td> -</tr> -<tr> -<td class="tdbordright">{1789</td> -<td>22</td> -<td class="tdbordright">03</td> -<td>1</td> -<td class="tdbordright">29</td> -<td>17.78</td> -</tr> -<tr> -<td class="tdbordright">{1791</td> -<td>22</td> -<td class="tdbordright">01</td> -<td>1</td> -<td class="tdbordright">31</td> -<td>17.74</td> -</tr> -<tr> -<td rowspan="5" class="tdu">Half johannes of Portugal,</td> -<td class="tdbordright">{1739</td> -<td>21</td> -<td class="tdbordright">31</td> -<td>2</td> -<td class="tdbordright">01</td> -<td>17.63</td> -</tr> -<tr> -<td class="tdbordright">{1770</td> -<td>22</td> -<td class="tdbordright">05</td> -<td>1</td> -<td class="tdbordright">27</td> -<td>17.78</td> -</tr> -<tr> -<td class="tdbordright">{1776</td> -<td>22</td> -<td class="tdbordright">05</td> -<td>1</td> -<td class="tdbordright">27</td> -<td>17.87</td> -</tr> -<tr> -<td class="tdbordright">{1785</td> -<td>21</td> -<td class="tdbordright">30</td> -<td>2</td> -<td class="tdbordright">02</td> -<td>17.68</td> -</tr> -<tr> -<td class="tdbordright tdu">{1788</td> -<td class="tdu">21</td> -<td class="tdbordright tdu">31</td> -<td class="tdu">2</td> -<td class="tdbordright tdu">01</td> -<td class="tdu">17.78</td> -</tr> -</table> - -<p class="center p2"> -<i>Silver coins.</i> -</p> - -<table summary="Assay of Silver Coins"> -<tr> -<td rowspan="2" colspan="2" class="tdc tdbordtop tdu tdbordright">Date</td> -<td colspan="6" class="tdc tdbordtop tdu">In 12 ounces.</td> -</tr> -<tr> -<td colspan="3" class="tdc tdbordtop tdu tdbordright">Fine silver.</td> -<td colspan="3" class="tdc tdbordtop tdu">Alloy.</td> -</tr> -<tr> -<td></td> -<td></td> -<td class="tdc medsm tdbordleft">oz.</td> -<td class="tdc medsm">dwts.</td> -<td class="tdc medsm">grs.</td> -<td class="tdc medsm tdbordleft">oz.</td> -<td class="tdc medsm ">dwts.</td> -<td class="tdc medsm">grs.</td> -</tr> -<tr> -<td colspan="2" class="tdbordright">English half-crown of William III.</td> -<td class="tdbordleft">10</td> -<td>19</td> -<td class="tdbordright">09½</td> -<td>1</td> -<td>00</td> -<td>14½</td> -</tr> -<tr> -<td>English shilling,</td> -<td class="tdr tdbordright">1787</td> -<td>11</td> -<td>00</td> -<td class="tdbordright">02½</td> -<td>0</td> -<td>19</td> -<td>21½</td> -</tr> -<tr> -<td>French crown,</td> -<td class="tdr tdbordright">1791</td> -<td>10</td> -<td>16</td> -<td class="tdbordright">00</td> -<td>1</td> -<td>04</td> -<td>00</td> -</tr> -<tr> -<td>French half-crown,</td> -<td class="tdr tdbordright">1739</td> -<td>10</td> -<td>17</td> -<td class="tdbordright">00</td> -<td>1</td> -<td>03</td> -<td>00</td> -</tr> -<tr> -<td>French half-crown,</td> -<td class="tdr tdbordright">1792</td> -<td>10</td> -<td>16</td><td class="tdbordright">19</td> -<td>1</td> -<td>03</td> -<td>05</td> -</tr> -<tr> -<td rowspan="4" class="tdc tdu">Spanish dollar of</td> -<td class="tdr tdbordright">{1772</td> -<td>10</td> -<td>15</td> -<td class="tdbordright">05</td> -<td>1</td> -<td>04</td> -<td>19</td> -</tr> -<tr> - -<td class="tdr tdbordright">{1782</td> -<td>10</td> -<td>14</td><td class="tdbordright">02½</td> -<td>1</td> -<td>05</td> -<td>21½</td> -</tr> -<tr> -<td class="tdr tdbordright">{1790</td> -<td>10</td> -<td>14</td><td class="tdbordright">00</td> -<td>1</td> -<td>06</td> -<td>00</td> -</tr> -<tr> -<td class="tdr tdbordright tdu">{1791</td> -<td class="tdu">10</td> -<td class="tdu">14</td> -<td class="tdbordright tdu">21½</td> -<td class="tdu">1</td> -<td class="tdu">05</td> -<td class="tdu">02½</td> -</tr> -</table> - -<p class="letter_head"> -<span class='smcap'>Mint</span>, January 7, 1793. -</p> - -<p> -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. -</p> - -<p class="signature"> -DAVID RITTENHOUSE, <i>Director of the Mint</i>. -</p> -</div> - -<h3> -XXXII.——<i>Report on the petition of John Rogers, relative to -certain lands on the north-east side of the Tennessee.</i> -</h3> - -<p class="letter_head"> -February 16, 1793. -</p> - -<p> -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, -<span class='pagenum'><a id='Page_606'>606</a></span> -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, -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_607'>607</a></span> -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. -</p> - -<p> -That the country south of the Ohio was formerly contested -between the Six Nations and the southern Indians for hunting -grounds. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_608'>608</a></span> -</p> - -<h3> -XXXIII.—<i>Report relative to the Boundaries of the Lands between -the Ohio and the Lakes acquired by treaties from the -Indians.</i> -</h3> - -<p class="letter_head"> -March 10, 1793. -</p> - -<p> -The Secretary of State, according to instructions received -from the President of the United States, -</p> - -<p> -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: -</p> - -<p> -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. -</p> - -<p> -Westwardly. By the bounds of the Wabash Indians. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_609'>609</a></span> -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. -</p> - -<p> -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 <i>northern</i> -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. -<span class='pagenum'><a id='Page_610'>610</a></span> -</p> - -<h3> -XXXIV.—<i>Report on the proceedings of the Secretary of State -to transfer to Europe the annual fund of $40,000, appropriated -to that Department.</i> -</h3> - -<p class="letter_head"> -April 18, 1793. -</p> - -<p> -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,) -</p> - -<p> -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: -</p> - -<p> -Willing, Morris, and Swanwich, on John and Francis Baring -& Co., London, £3,000=$13,000. -</p> - -<p> -Walter Stewart on Joseph Birch, March, Liverpool, £400=$1,733 33. -</p> - -<p> -Robert Gilmer & Co., on James Strachan and James Mackenzie, -London, endorsed by Mordecai Lewis. -</p> - -<table summary="Bills"> -<tr> - -<td class="tdr">£200 }</td> -<td rowspan="3" class="tdu">£600</td> -<td rowspan="3" class="tdu">$2,600</td> -</tr> -<tr> -<td class="tdr"> 150 } </td> -</tr> -<tr> -<td class="tdr">250 }</td> -</tr> -<tr> -<td></td> -<td colspan="2">£4,000 = $17,333 33.</td> -</tr> -</table> - -<p> -<span class='pagenum'><a id='Page_611'>611</a></span> -Averaging 4s. 7 <sup>38</sup>⁄<sub>100</sub>d. 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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<h3> -XXXV.—<i>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.</i> -</h3> - -<p class="letter_head"> -April 28, 1793. -</p> - -<p> -I proceed in compliance with the requisition of the President -to give an opinion in writing on the general question, whether -<span class='pagenum'><a id='Page_612'>612</a></span> -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? -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_613'>613</a></span> -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 <i>impossible</i>, -non-performance is not immoral; so if performance becomes -<i>self-destructive</i> 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 -<span class='pagenum'><a id='Page_614'>614</a></span> -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. -</p> - -<p> -But reason which gives this right of self-liberation from a -contract in certain cases, has subjected it to certain just limitations. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<i>possibility of danger</i> 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 -<i>possibilities</i> would void contracts, there never could be a valid -<span class='pagenum'><a id='Page_615'>615</a></span> -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? -</p> - -<p> -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? -</p> - -<p> -Have we been called on by them? Shall we ever be called -on? -</p> - -<p> -Is it their interest to call on us? -</p> - -<p> -Can they call on us before their islands are invaded, or immediately -threatened? -</p> - -<p> -If they can save them themselves, have they a right to call on -us? -</p> - -<p> -Are we obliged to go to war at once, without trying peaceable -negotiations with their enemy? -</p> - -<p> -If all these questions are against us, there are still others left -behind. -</p> - -<p> -Are we in a condition to go to war? -</p> - -<p> -Can we be expected to begin before we are in condition? -</p> - -<p> -Will the islands be lost if we do not save them? -</p> - -<p> -Have we the means of saving them? -</p> - -<p> -If we cannot save them, are we bound to go to war for a desperate -object? -</p> - -<p> -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. -</p> - -<p> -5. Is danger apprehended from the 17th article of the treaty of -<span class='pagenum'><a id='Page_616'>616</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_617'>617</a></span> -under the common usage of nations, and can have no effect either -to continue or annul the treaties. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_618'>618</a></span> -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. -</p> - -<p> -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. -</p> - -<p><span class='pagenum'><a id='Page_619'>619</a></span></p> - -<div class="blockquot"> -<table summary="Doctrinal Summary"> -<tr> -<td class="tdc tdbordright tdnopad"> -<span class='smcap'>Grotius</span> 2. 16. 16.</td> -<td class="tdc tdbordright tdnopad"> -<span class='smcap'>Puffendorf</span> 8. 9. 6.</td> -<td class="tdc tdbordright tdnopad"> -<span class='smcap'>Wolf</span> 1146.</td> -<td class="tdc tdnopad"> - -<span class='smcap'>Vattel</span> 2. 197.</td> -</tr> -<tr> -<td class="tdbordright tdnopad"> -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. -</td> -<td class="tdbordright tdnopad"> -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. -</td> - -<td class="tdbordright tdnopad"> -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, -<i>unless</i>, as is evident, the -reason of the alliance was -particular to the popular -state. -</td> - -<td class="tdnopad"> -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; -<i>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</i>. -</td> -</tr> -</table> -</div> - -<p> -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 <span lang="la"><i>statu quo</i></span>, 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 <i>useless</i>, <i>dangerous -</i> or <i>disagreeable</i> to it, it is free to renounce it. It was unnecessary -for him to have specified the exception of <i>danger</i> in -this particular case, because the exception exists in all cases, and -<span class='pagenum'><a id='Page_620'>620</a></span> -its extent has been considered; but when he adds that, because -a contract is become merely <i>useless</i> or <i>disagreeable</i> 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 -<i>merely useless</i> or <i>disagreeable</i> 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 <i>ruin</i> 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 <i>destroying</i> -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 -<span class='pagenum'><a id='Page_621'>621</a></span> -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." -</p> - -<p> -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 -<span class='pagenum'><a id='Page_622'>622</a></span> -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." -</p> - -<p> -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 <i>useless -or disagreeable</i>. 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. -</p> - -<p> -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 <i>disagreeable</i>? How will it be proved -that they are <i>useless</i>? -</p> - -<p> -<span class='pagenum'><a id='Page_623'>623</a></span> -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 <i>disagreeable</i> as her ancient -despotism? -</p> - -<p> -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 <i>danger</i>, 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 <i>danger</i>, it is neither extreme nor imminent, nor even -probable that the authority for renouncing a treaty, when <i>useless -or disagreeable</i>, 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 <i>ruinous</i> or <i>destructive</i> 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. -<span class='pagenum'><a id='Page_624'>624</a></span> -</p> - -<h3> -XXXVI.—<i>Opinion relative to granting of passports to American -vessels.</i> -</h3> - -<p class="letter_head"> -May 3, 1793. -</p> - -<p> -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 <i>vessels belonging to their subjects</i>, 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 <i>owned and built</i> in the United States, -or may be given also to those <i>owned</i> in the United States, though -<i>built</i> in foreign countries. -</p> - -<p> -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 -<i>foreign-built</i> vessel. She is, then, his lawful property, and entitled -to the protection of his nation whenever he is lawfully -using her. -</p> - -<p> -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. -</p> - -<p> -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 <i>built</i> -<span class='pagenum'><a id='Page_625'>625</a></span> -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 <i>belong</i> to the -United States, and is therefore lawful prize; so that to refuse -these passports to foreign-built vessels <i>belonging</i> 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 <i>home-built</i> 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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -<i>Objection.</i> To protect foreign-built vessels will lessen the demand -for ship building here. -</p> - -<p> -<i>Answer.</i> 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? -</p> - -<p><span class='pagenum'><a id='Page_626'>626</a></span> - -<i>Objection.</i> There will be collusive transfers of foreign ships -to our merchants, merely to obtain for them the cover of our -passports. -</p> - -<p> -<i>Answer.</i> 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 -<i>cargo</i> 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 -<i>vessel</i> indeed, but it will cover also our <i>cargo</i>. I repeat it then, -that if the issuing passports be confined to our ports, it will be -our own <i>vessels</i> for the most part, and always our <i>cargoes</i> which -will be covered by them. -</p> - -<p> -I am, therefore, of opinion, that passports ought to be issued -to all vessels <i>belonging</i> to citizens of the United States, but only -on their clearing out from our own ports, and for that voyage -only. -</p> - -<h3> -XXXVII.—<i>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.</i> -</h3> - -<p class="letter_head"> -May 16, 1793. -</p> - -<p> -The facts suggested, or to be taken for granted, because the -contrary is not known, in the case now to be considered, are, -<span class='pagenum'><a id='Page_627'>627</a></span> -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? -</p> - -<p> -This transaction may be considered, 1st, as an offence against -the United States; 2d, as an injury to Great Britain. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -The one we have made already is ample, to wit, a pointed -<span class='pagenum'><a id='Page_628'>628</a></span> -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 <i>beyond</i> 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. -</p> - -<p> -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. -</p> - -<p> -The legal right then being in the captors, on what ground -can we take it from him? Not on that of <i>right</i>, for the right -has been transferred to him. It can only be by an act of <i>force</i>, -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. -</p> - -<p> -I therefore think that the satisfaction already made to the <i>government</i> -<span class='pagenum'><a id='Page_629'>629</a></span> -of Great Britain is quite equal to what ought to be desired -in the present case; that the property of the British <i>owner</i> -is transferred by the laws of war to the <i>captor</i>; 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. -</p> - -<h3> -XXXVIII.-<i>Opinion on the proposition of the Secretary of the -Treasury to open a new Loan.</i> -</h3> - -<p class="letter_head"> -June 5, 1793. -</p> - -<p> -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? -</p> - -<p> -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. -</p> - -<p> -These appropriations render very simple the duties of the -President in the discharge of this trust. He has only to look to -the <i>payment</i> 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:— -</p> - -<p> -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 <i>debit</i> of the -trust. -</p> - -<p> -<span class='pagenum'><a id='Page_630'>630</a></span> -The <i>credit</i> side of the account will consist of the following -statements, to wit:— -</p> - -<p> -B. Amount of the principal and interest of foreign debt, paid -and payable, to the close of 1792. -</p> - -<p> -C. Ditto, payable to the close of 1793. -</p> - -<p> -D. Ditto, payable to the close of 1794 (for I think our preparations -should be a year beforehand). -</p> - -<p> -E. Amount of monies necessary for the sinking fund to the -end of 1794. -</p> - -<p> -If the amount of the four last articles exceeds the first, it will -prove a further loan necessary, and to what extent. -</p> - -<p> -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. -</p> - -<p class="center"> -<i>Report of January 3, 1793. New Edition.</i> -</p> - -<table summary="Loan Summary 1993"> -<tr> -<td colspan="4" class="tdc">Dr.</td> -</tr> -<tr> -<td></td> -<td class="tdh">The trust for loans.</td> -</tr> -<tr> - -<td>A.</td> -<td class="tdh" colspan="2">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</td> -<td class="tdr padr2">$7,545,912</td> -</tr> -<tr> -<td></td> -<td class="tdh" colspan="2">To loan now going on for 2,000,000 florins </td> -<td class="tdr tdu padr2">808,080</td> -</tr> -<tr> -<td colspan="3"></td> - -<td class="tdr padr2">$8,353,992</td> -</tr> -<tr> -<td colspan="4" class="tdc">Cr.</td> -</tr> -<tr> -<td colspan="2"></td> -<td class="tdc">Florins.</td> -</tr> -<tr> -<td>B.</td> -<td class="tdh" >By charges on remittances to France</td> -<td class="tdr">10,073 1</td> -</tr> -<tr> -<td></td> -<td class="tdh"> By reimbursement to Spain</td> -<td class="tdr padr1">680,000</td> -</tr> -<tr> -<td></td> -<td class="tdh"> By interest paid to foreign officers</td> -<td class="tdr tdu padr1">105,000</td> -</tr> -<tr> -<td></td> -<td></td> -<td class="tdr">795,093 1</td> -<td class="tdr">= $321,239 46</td> -</tr> -<tr> -<td></td> -<td class="tdh"> By principal paid to foreign officers</td> -<td></td> -<td class="tdr">191,316 90</td> -</tr> -<tr> -<td></td> -<td rowspan="2" class="tdh"> By amount of French debt, principal and interest, payable to end of 1791</td> -<td class="tdc">Livres.</td> -</tr> -<tr> -<td></td> -<td class="tdr ">26,000,000</td> -</tr> -<tr> -<td></td> -<td class="tdh"> By ditto, for 1792</td> -<td class="tdr tdu">3,450,000</td> -</tr> -<tr> -<td></td> -<td></td> -<td class="tdr">29,450,000</td> -<td class="tdr padr2">= 5,345,171</td> -</tr> -<tr> -<td>C.</td> -<td class="tdh"> By ditto, for 1793</td> -<td class="tdr">3,410,000</td> -<td class="tdr padr2">= 618,915</td> -</tr> -<tr> -<td>D.</td> -<td class="tdh"> By ditto, for 1794</td> -<td class="tdr">3,250,000</td> -<td class="tdr padr2">= 569,876</td> -</tr> -<tr> -<td>E.</td> -<td class="tdh"> By necessary for sinking fund at $50,000 a month, from July 1, 1793, to Dec. 31, 1794</td> -<td></td> -<td class="tdr padr2">900,000</td> -</tr> -<tr> -<td></td> -<td class="tdh">Balance which will remain in hands of the trust, at end of 1794</td> -<td></td> -<td class="tdr tdu">387,474 64</td> -</tr> -<tr> -<td></td> -<td></td> -<td></td> -<td class="tdr">$8,353,992 60</td> -</tr> -</table> - -<p> -<span class='pagenum'><a id='Page_631'>631</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -The above account might be stated in another way, which -might, perhaps, be more satisfactory, to wit: -<span class='pagenum'><a id='Page_632'>632</a></span> -</p> - -<table summary="Another Statement of Account"> -<tr> -<td colspan="3" class="tdc">Dr.</td> -</tr> -<tr> -<td class="tdc">The trust for loans.</td> -</tr> -<tr> -<td class="tdh" colspan="2"> -To nett amount of loans to June 1, 1792. 18,678,000 florins, - at 99 florins to $40</td> -<td class="tdr padr2">$7,545,912</td> -</tr> -<tr> -<td colspan="3" class="tdc">Cr.</td> -</tr> -<tr> -<td></td> -<td class="tdc">Florins</td> -</tr> -<tr> -<td class="tdh">By charges on remittances to France</td> -<td class="tdr">10,073 1</td> -</tr> -<tr> -<td class="tdh">By reimbursement to Spain</td> -<td class="tdr padr1">680,000</td> -</tr> -<tr> -<td class="tdh">By interest paid to foreign officers</td> -<td class="tdr tdu padr1">105,000</td> -</tr> -<tr> -<td></td> -<td class="tdr">795,073 1</td> -<td class="tdr">= $321,239 46</td> -</tr> -<tr> -<td class="tdh">By principal paid to foreign officers</td> -<td></td> -<td class="tdr">191,316 90</td> -</tr> -<tr> -<td class="tdh">By payments to France</td> -<td class="tdr">10,073,043 8 </td> -<td class="tdr">= 4,069,918 54</td> -</tr> -<tr> -<td></td> -<td class="tdc">Livres.</td> -</tr> -<tr> -<td class="tdh">By payments to St. Domingo</td> -<td class="tdr padr1">4,000,000 </td> -<td class="tdr padr2">= 726,000</td> -</tr> -<tr> -<td class="tdh">By payments to St. Domingo</td> -<td class="tdr padr1">3,000,000 </td> -<td class="tdr padr2">= 544,500</td> -</tr> -<tr> -<td class="tdh">By payments to Mr. Ternant [I state this by memory]</td> -<td class="tdr padr1">24,000</td> -<td class="tdr padr2">= 4,356</td> -</tr> -<tr> -<td class="i1">Balance in hand to be carried to new debit</td> -<td></td> -<td class="tdr tdu">1,688,581 10</td> -</tr> -<tr> -<td></td> -<td></td> -<td class="tdr">$7,545,912 00</td> -</tr> -<tr> -<td colspan="3" class="tdc">Dr.</td> -</tr> -<tr> -<td class="tdc">The trust for loans.</td> -</tr> -<tr> -<td class="tdh">To balance as per contra</td> -<td></td> -<td class="tdr">$1,688,581 10</td> -</tr> -<tr> -<td class="tdh">To two millions of florins, new loan, when effected</td> -<td></td> -<td class="tdr tdu padr2">808,080</td> -</tr> -<tr> -<td></td> -<td></td> -<td class="tdr">$2,496,661 10</td> -</tr> -<tr> -<td colspan="3" class="tdc">Cr.</td> -</tr> -<tr> -<td class="tdh">By the following payments when made, to wit:</td> -<td class="tdc">Livres.</td> -</tr> -<tr> -<td class="tdh"> Balance due to France, to close of year 1792 -<br />($5,345,171-$5,344,774 54)</td> -<td></td> -<td class="tdr">$396 46</td> -</tr> -<tr> -<td class="tdh"> Instalments and interest to close of year 1793</td> -<td class="tdr">3,410,000</td> -<td class="tdr ">= 618,915</td> -</tr> -<tr> -<td class="tdh">Instalments and interest to close of year 1794</td> -<td class="tdr">3,250,000</td> -<td class="tdr \n">= 589,875</td> -</tr> -<tr> -<td class="tdh"> Necessary for sinking fund from July 1, 1793, - to December 31, 1794</td> -<td></td> -<td class="tdr \n">900,000</td> -</tr> -<tr> -<td class="tdh"> Balance will then be in hand to be carried to - new debit</td> -<td></td> -<td class="tdr tdu">387,474 64</td> -</tr> -<tr> -<td></td> -<td></td> -<td class="tdr">$2,496,661 10</td> -</tr> -</table> - -<p> -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. -</p> - -<p> -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 <sup>18</sup>⁄<sub>100</sub> cents, proposed by the Secretary of the -Treasury to the French ministry as the par of the metals, to be -the rate of conversion. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_633'>633</a></span> -</p> - -<h3> -XXXIX.—<i>Opinion relative to the policy of a new loan.</i> -</h3> - -<p class="letter_head"> -June 17, 1793 -</p> - -<p> -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: -</p> - -<p> -Of the $7,898,999 88 borrowed, or rather of the $7,545,912, -nett proceeds thereof, how much has been applied to the <i>payment</i> -of the <i>foreign</i>, and <i>purchase</i> of the <i>general</i> debt? -</p> - -<p> -To the balance thereof, which should be on hand, and the -two millions of florins now borrowing, is any and what addition -necessary, <i>for the same objects</i>, for the years 1793, 1794? -</p> - -<p> -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: -</p> - -<p> -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 -<span class='pagenum'><a id='Page_634'>634</a></span> -be due from the surplus account, and so must lessen the sum to -be borrowed for the sinking fund, which amounts to the same. -</p> - -<p> -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 <i>payment</i> of -the <i>foreign</i>, and <i>purchase</i> of the <i>general</i> debt. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_635'>635</a></span> -its result any sum he may decide to have furnished to that fund. -The account, so corrected, will stand thus: -</p> - -<table summary="Repayment of debts"> -<tr> -<td colspan="3" class="tdc">Dr.</td> -</tr> -<tr> -<td class="tdc">The trust for loans.</td> -</tr> -<tr> -<td class="tdh">To nett amount of loans to June 1, 1792</td> -<td></td> -<td class="tdr padr2">$7,545,912</td> -</tr> -<tr> -<td class="tdh">To loan now going on for 2,000,000 florins</td> -<td></td> -<td class="tdr tdu padr2">808,080</td> -</tr> -<tr> -<td></td> -<td></td> -<td class="tdr padr2">$8,353,992</td> -</tr> -<tr> -<td colspan="3" class="tdc">Cr.</td> -</tr> -<tr> -<td></td> -<td class="tdc">Florins.</td> -</tr> -<tr> -<td class="tdh">By charges on remittances to France</td> -<td class="tdr">10,073 1</td> -</tr> -<tr> -<td class="tdh">By reimbursement to Spain</td> -<td class="tdr padr1">680,000</td> -</tr> -<tr> -<td class="tdh"> -By interest paid to foreign officers</td> -<td class="tdr tdu padr1">105,000</td> -</tr> -<tr> -<td></td> -<td class="tdr">795,073 1</td> -<td class="tdr">= $321,239 46</td> -</tr> -<tr> -<td class="tdh">By principal paid to foreign officers</td> -<td></td> -<td class="tdr">191,316 90</td> -</tr> -<tr> -<td></td> -<td class="tdc">Livres.</td> -</tr> -<tr> -<td class="tdh">By amount of French debt, principal and interest payable to end of 1791</td> -<td class="tdr padr1">26,000,000</td> -</tr> -<tr> -<td class="tdh">By ditto for 1792 </td> -<td class="tdr tdu padr1">3,450,000</td> -</tr> -<tr> -<td></td> -<td class="tdr padr1">29,450,000</td> -<td class="tdr padr2">= 5,345,171</td> -</tr> -<tr> -<td class="tdh">By ditto for 1793</td> -<td class="tdr padr1">3,410,000</td> -<td class="tdr padr2">= 618,915</td> -</tr> -<tr> -<td class="tdh">By 1st instalment of Dutch debt due June 1793 </td> -<td></td> -<td class="tdr">404,040 40</td> -</tr> -<tr> -<td class="tdh">By instalments and interest to France for 1794</td> -<td class="padr1 tdr">3,250,000</td> -<td class="tdr padr2">= 569,875</td> -</tr> -<tr> -<td class="tdh">By instalment to Holland for 1794</td> -<td></td> -<td class="tdr">404,040 40</td> -</tr> -<tr> -<td class="tdc">Balance will then remain in hands of the trust,</td> -<td></td> -<td class="tdr tdu">499,393 84</td> -</tr> -<tr> -<td></td> -<td></td> -<td class="tdr">$8,353,992 00</td> -</tr> -</table> - -<p> -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, <i>individually</i>, -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 <i>legal point -of view</i> only. -</p> - -<p> -The reasons in favor of the extension are, -</p> - -<p> -The apprehension of the extension of our war to other Indian -nations, and perhaps to Europe itself. -</p> - -<p> -The disability this might produce to borrow at all, [this is, in -my judgment, a weighty consideration.] -</p> - -<p><span class='pagenum'><a id='Page_636'>636</a></span> - -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. -</p> - -<p> -The reasons against it are, -</p> - -<p> -The possibility that France may continue, for some time yet, -so unsettled as to render an anticipation of payments hazardous. -</p> - -<p> -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. -</p> - -<p> -The loss of interest on the dead sum, if the sum itself be -safe. -</p> - -<p> -The execution of a power for one object, which was given to -be executed but for a very different one. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -I confess that the last reasons have most weight with me. -</p> - -<h3> -XL.—<i>Report on the privileges and restrictions on the commerce -of the United States in foreign countries.</i> -</h3> - -<div class="blockquot"> -<p class="letter_head"> - -December 16, 1793. -</p> - -<p> -<span class='smcap'>Sir</span>,—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 -<span class='pagenum'><a id='Page_637'>637</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<i>having treaties of commerce</i> 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. -</p> - -<p> -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. -</p> - -<p class="center"> -<i>To the Speaker of the House of Representatives of the United States of America.</i> -</p> -</div> - -<p class="tdh"> -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: -</p> - -<p> -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, -<span class='pagenum'><a id='Page_638'>638</a></span> -</p> - -<table summary="Trade with European Nations"> -<tr> -<td class="tdh">Bread-stuff, that is to say, bread grains, meals, - and bread, to the annual amount of</td> -<td class="tdr">$7,649,887</td> -</tr> -<tr> -<td class="tdh">Tobacco</td> -<td class="tdr">4,349,567</td> -</tr> -<tr> -<td class="tdh">Rice</td> -<td class="tdr">1,753,796</td> -</tr> -<tr> -<td class="tdh">Wood</td> -<td class="tdr">1,263,534</td> -</tr> -<tr> -<td class="tdh">Salted fish</td> -<td class="tdr">941,696</td> -</tr> -<tr> -<td class="tdh">Pot and pearl ash</td> -<td class="tdr">839,093</td> -</tr> -<tr> -<td class="tdh">Salted meats</td> -<td class="tdr">599,130</td> -</tr> -<tr> -<td class="tdh">Indigo</td> -<td class="tdr">537,379</td> -</tr> -<tr> -<td class="tdh">Horses and mules</td> -<td class="tdr">339,753</td> -</tr> -<tr> -<td class="tdh">Whale oil</td> -<td class="tdr">252,591</td> -</tr> -<tr> -<td class="tdh">Flax seed</td> -<td class="tdr">236,072</td> -</tr> -<tr> -<td class="tdh">Tar, pitch and turpentine</td> -<td class="tdr">217,177</td> -</tr> -<tr> -<td class="tdh">Live provisions</td> -<td class="tdr">137,743</td> -</tr> -<tr> -<td class="tdh">Ships</td> -</tr> -<tr> -<td class="tdh">Foreign goods</td> -<td class="tdr">620,274</td> -</tr> -</table> - -<p> -To descend to articles of smaller value than these, would lead -into a minuteness of detail neither necessary nor useful to the -present object. -</p> - -<p> -The proportions of our exports, which go to the nations before -mentioned, and to their dominions, respectively, are as follows: -</p> - -<table summary="European Exports"> -<tr> -<td>To Spain and its dominions</td> -<td class="tdr">$2,005,907</td> -</tr> -<tr> -<td>Portugal and its dominions</td> -<td class="tdr">1,283,462</td> -</tr> -<tr> -<td>France and its dominions</td> -<td class="tdr">4,698,735</td> -</tr> -<tr> -<td>Great Britain and its dominions</td> -<td class="tdr">9,363,416</td> -</tr> -<tr> -<td>The United Netherlands and their dominions</td> -<td class="tdr">1,963,880</td> -</tr> -<tr> -<td>Denmark and its dominions</td> -<td class="tdr">224,415</td> -</tr> -<tr> -<td>Sweden and its dominions</td> -<td class="tdr">47,240</td> -</tr> -</table> - -<p> -Our imports from the same countries, are, -</p> - -<table summary="European Imports"> -<tr> -<td>Spain and its dominions</td> -<td class="tdr">335,110</td> -</tr> -<tr> -<td>Portugal and its dominions</td> -<td class="tdr">595,763</td> -</tr> -<tr> -<td>France and its dominions</td> -<td class="tdr">2,068,348</td> -</tr> -<tr> -<td>Great Britain and its dominions</td> -<td class="tdr">15,285,428</td> -</tr> -<tr> -<td>United Netherlands and their dominions</td> -<td class="tdr">1,172,692</td> -</tr> -<tr> -<td>Denmark and its dominions</td> -<td class="tdr">351,364</td> -</tr> -<tr> -<td>Sweden and its dominions</td> -<td class="tdr">14,325</td> -</tr> -</table> - -<p> -These imports consist mostly of articles on which industry has -been exhausted. -</p> - -<p> -Our <i>navigation</i>, depending on the same commerce, will appear -<span class='pagenum'><a id='Page_639'>639</a></span> -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: -</p> - -<table summary="Ship Tonnage"> -<tr> -<td></td> -<td class="tdc">Tons.</td> -</tr> -<tr> -<td>Spain</td> -<td class="tdr">19,695</td> -</tr> -<tr> -<td>Portugal</td> -<td class="tdr">23,576</td> -</tr> -<tr> -<td>France</td> -<td class="tdr">116,410</td> -</tr> -<tr> -<td>Great Britain</td> -<td class="tdr">43,580</td> -</tr> -<tr> -<td>United Netherlands</td> -<td class="tdr">58,858</td> -</tr> -<tr> -<td>Denmark</td> -<td class="tdr">14,655</td> -</tr> -<tr> -<td>Sweden</td> -<td class="tdr">750</td> -</tr> -</table> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -Themselves, and their colonies, are the actual consumers of -what they receive from us. -</p> - -<p> -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. -</p> - -<p> -<i>Portugal</i> receives favorably our grain and bread, salted fish, -and other salted provisions, wood, tar, pitch, and turpentine. -</p> - -<p> -For flax-seed, pot and pearl ash, though not discouraged, there -is little demand. -</p> - -<p> -Our ships pay 20 per cent. on being sold to their subjects, and -are then free-bottoms. -</p> - -<p> -<span class='pagenum'><a id='Page_640'>640</a></span> -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. -</p> - -<p> -Themselves and their colonies consume what they receive -from us. -</p> - -<p> -These regulations extend to the Azores, Madeira, and the Cape -de Verd islands, except that in these, meals and rice are received -freely. -</p> - -<p> -<i>France</i> receives favorably our bread-stuffs, rice, wood, pot and -pearl ashes. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -They and their colonies consume what they receive from us. -</p> - -<p> -<i>Great Britain</i> receives our pot and pearl ashes free, whilst -<span class='pagenum'><a id='Page_641'>641</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -Our ships, though purchased and navigated by their own subjects, -are not permitted to be used, even in their trade with us. -</p> - -<p> -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. -<span class='pagenum'><a id='Page_642'>642</a></span> -The disadvantage of a tenure which may be so suddenly discontinued, -was experienced by our merchants on a late occasion,<a name='FA_33' id='FA_33' href='#FN_33' class='fnanchor'>[33]</a> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -The <i>United Netherlands</i> prohibit our pickled beef and pork, -meals and bread of all sorts, and lay a prohibitory duty on spirits -distilled from grain. -</p> - -<p> -<span class='pagenum'><a id='Page_643'>643</a></span> -All other of our productions are received on varied duties, -which may be reckoned, on a medium, at about three per cent. -</p> - -<p> -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. -</p> - -<p> -Foreign goods, except some East India articles, are received in -vessels of any nation. -</p> - -<p> -Our ships may be sold and neutralized there, with exceptions -of one or two privileges, which somewhat lessen their value. -</p> - -<p> -<i>Denmark</i> 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. -</p> - -<p> -<i>Sweden</i> receives favorably our grains and meals, salted provisions, -indigo, and whale oil. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -Under so many restrictions and prohibitions, our navigation -with them is reduced to almost nothing. -</p> - -<p> -With our neighbors, an order of things much harder presents itself. -</p> - -<p> -<i>Spain</i> and <i>Portugal</i> refuse, to all those parts of America -which they govern, all direct intercourse with any people but -<span class='pagenum'><a id='Page_644'>644</a></span> -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. -</p> - -<p> -<i>France</i>, 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. -</p> - -<p> -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. -</p> - -<p> -<i>Great Britain</i> 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. -</p> - -<p> -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. -</p> - -<p> -In the <i>Danish American</i> 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. -</p> - -<p> -<span class='pagenum'><a id='Page_645'>645</a></span> -In the American islands of the <i>United Netherlands</i> 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. -</p> - -<p> -To sum up these restrictions, so far as they are important: -</p> - -<p> -<span class='smcap'>First.</span> In Europe— -</p> - -<p> -Our bread stuff is at most times under prohibitory duties in -England, and considerably dutied on re-exportation from Spain -to her colonies. -</p> - -<p> -Our tobaccoes are heavily dutied in England, Sweden and -France, and prohibited in Spain and Portugal. -</p> - -<p> -Our rice is heavily dutied in England and Sweden, and prohibited -in Portugal. -</p> - -<p> -Our fish and salted provisions are prohibited in England, and -under prohibitory duties in France. -</p> - -<p> -Our whale oils are prohibited in England and Portugal. -</p> - -<p> -And our vessels are denied naturalization in England, and of -late in France. -</p> - -<p> -<span class='smcap'>Second.</span> In the West Indies— -</p> - -<p> -All intercourse is prohibited with the possessions of Spain and -Portugal. -</p> - -<p> -Our salted provisions and fish are prohibited by England. -</p> - -<p> -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. -</p> - -<p> -<span class='smcap'>Third.</span> In the article of navigation— -</p> - -<p> -Our own carriage of our own tobacco is heavily dutied in -Sweden, and lately in France. -</p> - -<p> -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. -</p> - -<p> -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? -</p> - -<p> -As to commerce, two methods occur. 1. By friendly arrangements -with the several nations with whom these restrictions exist: -<span class='pagenum'><a id='Page_646'>646</a></span> -Or, 2. By the separate act of our own legislatures for countervailing -their effects. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_647'>647</a></span> -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. -</p> - -<p> -Our navigation involves still higher considerations. As a -branch of industry, it is valuable, but as a resource of defence, -essential. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_648'>648</a></span> -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. -</p> - -<p> -The following principles, being founded in reciprocity, appear -perfectly just, and to offer no cause of complaint to any nation: -</p> - -<p> -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 -<span class='pagenum'><a id='Page_649'>649</a></span> -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 <i>household</i> 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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_650'>650</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -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. -</p> - -<p> -<span class='pagenum'><a id='Page_651'>651</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span lang="la"><i>ex parte</i></span> regulations, on the reasonable presumption that they -will concur in doing whatever justice and moderation dictate -should be done. -</p> - -<h3> -XLI.—<i>Report on the Mint. Communicated to the Senate, -December 31, 1793.</i> -</h3> - -<p class="letter_head"> -<span class='smcap'>Philadelphia</span>, December 30, 1793. -</p> - -<p> -<span class='smcap'>Sir</span>,—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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_652'>652</a></span> -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. -</p> - -<p> -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. -</p> - -<p> -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 -<span class='pagenum'><a id='Page_653'>653</a></span> -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. -</p> - -<p> -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; -</p> - -<p> -To lessen the pecuniary security required from the chief -coiner and assayer; and -</p> - -<p> -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. -</p> - -<p> -I have the honor to be, with the most perfect respect and -attachment, sir, your most obedient and most humble servant. -</p> - -<p class="center p4 medlg"> -END OF VOL. VII. -</p> - -<h2> -<span class='pagenum'><a id='Page_655'></a></span> -INDEX TO VOL. VII. -</h2> - -<ul class="idx"> -<li class="padded"><span class='smcap'>Adams, John</span>—His estimate of life, <a href="#Page_30">30</a>. -<ul class="sub-idx"> - <li>His reading, <a href="#Page_59">59</a>, <a href="#Page_69">69</a>.</li> - <li>His religious opinions, <a href="#Page_59">59</a>, <a href="#Page_68">68</a>, <a href="#Page_219">219</a>, <a href="#Page_280">280</a>.</li> - <li>Calumnies of Pickering against, <a href="#Page_58">58</a>, <a href="#Page_62">62</a>.</li> - <li>His views of metaphysics, <a href="#Page_71">71</a>.</li> - <li>His views of Bonaparte, <a href="#Page_71">71</a>.</li> - <li>Letter of condolence to, from Mr. Jefferson, <a href="#Page_107">107</a>.</li> - <li>Oldest signer of the Declaration of Independence, <a href="#Page_218">218</a>, <a href="#Page_219">219</a>.</li> -</ul></li> - -<li><span class='smcap'>Adams, J. Q.</span>—Made Secretary of State, <a href="#Page_85">85</a>.</li> - -<li><span class='smcap'>Alexander, Emperor</span>—His character and views, <a href="#Page_20">20</a>.</li> - -<li><span class='smcap'>Advice</span>—Letter of, <a href="#Page_401">401</a>.</li> - -<li><span class='smcap'>Anatomy</span>—Experiments in, <a href="#Page_388">388</a>.</li> - -<li><span class='smcap'>Anglo Saxon</span>—The language, <a href="#Page_416">416</a>.</li> - -<li><span class='smcap'>Apocalypse, The</span>—View of, <a href="#Page_394">394</a>.</li> - -<li><span class='smcap'>Astronomy</span>—New method of finding longitude, <a href="#Page_223">223</a>, <a href="#Page_226">226</a>.</li> - -<li class="padded"><span class='smcap'>Banks</span>—Evils of the Banking system, <a href="#Page_64">64</a>, <a href="#Page_111">111</a>, <a href="#Page_115">115</a>. -<ul class="sub-idx"> - <li>Suspension of, <a href="#Page_142">142</a>.</li> - <li>Distress resulting therefrom, <a href="#Page_151">151</a>.</li> - <li>Jefferson's plan for reducing circulating medium, <a href="#Page_146">146</a>.</li> -</ul></li> - -<li><span class='smcap'>Barbary States</span>—Their piracies, <a href="#Page_250">250</a>. -<ul class="sub-idx"> - <li>Efforts to redeem Algerine prisoners, <a href="#Page_532">532</a>.</li> -</ul></li> - -<li><span class='smcap'>Bolingbroke, Lord</span>—His writings, <a href="#Page_197">197</a>.</li> - -<li><span class='smcap'>Bonaparte</span>—His character, <a href="#Page_275">275</a>.</li> - -<li><span class='smcap'>Books</span>—Should be imported free of duty, <a href="#Page_220">220</a>.</li> - -<li class="padded"><span class='smcap'>Campbell, Col.</span>—Hero of King's Mountain, <a href="#Page_268">268</a>.</li> - -<li><span class='smcap'>Capitol</span>—Whether there should be any inscription on new one, <a href="#Page_41">41</a>.</li> - -<li><span class='smcap'>Chemistry</span>—Progress of, <a href="#Page_259">259</a>.</li> - -<li><span class='smcap'>Cincinnati Society</span>—History of, <a href="#Page_368">368</a>.</li> - -<li><span class='smcap'>Classics</span>—The study of, <a href="#Page_131">131</a>.</li> - -<li><span class='smcap'>Climate</span>—Of western country, <a href="#Page_375">375</a>.</li> - -<li><span class='smcap'>Coinage</span>—Report on copper coinage, <a href="#Page_462">462</a>. -<ul class="sub-idx"> - <li>Report on coins, weights and measures, <a href="#Page_472">472</a>.</li> -</ul></li> - -<li><span class='smcap'>Colonization of Negroes</span>—Views on, <a href="#Page_332">332</a>.</li> - -<li><span class='smcap'>Commerce</span>—Treaties with European powers, <a href="#Page_436">436</a>. -<ul class="sub-idx"> - <li>Our Mediterranean trade, <a href="#Page_519">519</a>.</li> - <li>Restriction and privileges of our foreign commerce, <a href="#Page_636">636</a>.</li> - <li>Free Trade, how far practicable, <a href="#Page_646">646</a>.</li> -</ul></li> - -<li><span class='smcap'>Committees of Correspondence</span>—Origin of, <a href="#Page_120">120</a>.</li> - -<li><span class='smcap'>Compensation Law</span>—Unpopularity of, <a href="#Page_78">78</a>.</li> - -<li><span class='smcap'>Congress</span>—Whether it has a right to adjourn to a new place of meeting without consent of President, <a href="#Page_495">495</a>.</li> - -<li><span class='smcap'>Consolidation</span>—Dangers of, <a href="#Page_223">223</a>, <a href="#Page_293">293</a>, <a href="#Page_430">430</a>. -<ul class="sub-idx"> - <li>Rapid strides towards, <a href="#Page_426">426</a>, <a href="#Page_430">430</a>.</li> -</ul></li> - -<li><span class='smcap'>Constitution</span>—Rules for interpreting, <a href="#Page_296">296</a>, <a href="#Page_336">336</a>, <a href="#Page_342">342</a>, <a href="#Page_358">358</a>. -<ul class="sub-idx"> - <li>Distribution of powers between State and Federal governments, <a href="#Page_297">297</a>, <a href="#Page_358">358</a>.</li> - <li>Who the final arbiter between State and Federal governments, <a href="#Page_298">298</a>, <a href="#Page_358">358</a>.</li> - <li>Should be easily amendable, <a href="#Page_323">323</a>, <a href="#Page_336">336</a>.</li> - <li>Similarity of Constitutions of different States, <a href="#Page_323">323</a>.</li> -</ul></li> - -<li><span class='smcap'>Courts, County</span>—Magistrates of, should be elected by the people, <a href="#Page_12">12</a>, <a href="#Page_18">18</a>.</li> - -<li><span class='smcap'>Cuba</span>—Should not be allowed to pass to England, <a href="#Page_288">288</a>, <a href="#Page_299">299</a>. -<ul class="sub-idx"> - <li>People of, how affected, <a href="#Page_299">299</a>.</li> - <li>Should belong to the U. States, <a href="#Page_316">316</a>.</li> -</ul></li> - -<li class="padded"><span class='smcap'>David, King</span>—His description of a good man, <a href="#Page_337">337</a>.</li> - -<li><span class='smcap'>Debt, Foreign</span>—How it should be managed, <a href="#Page_506">506</a>.</li> - -<li><span class='smcap'>Drawbacks</span>—Should be repealed, <a href="#Page_6">6</a>.</li> - -<li class="padded"><span class='smcap'>Education</span>—General plan of, <a href="#Page_98">98</a>, <a href="#Page_187">187</a>, <a href="#Page_322">322</a>, <a href="#Page_398">398</a>. -<ul class="sub-idx"> - <li>Female education, <a href="#Page_101">101</a>.</li> - <li>Northern teachers and professors, <a href="#Page_187">187</a>.</li> - <li>Common school system of Virginia a failure, <a href="#Page_256">256</a>.</li> -</ul></li> - -<li><span class='smcap'>Eloquence</span>—Models of, <a href="#Page_231">231</a>. -<span class='pagenum'><a id='Page_656'>656</a></span></li> - -<li><span class='smcap'>Embargo</span>—Circumstances under which, resorted to, <a href="#Page_373">373</a>. -<ul class="sub-idx"> - <li>Circumstances which led to its repeal, <a href="#Page_425">425</a>, <a href="#Page_431">431</a>.</li> - <li>Treasonable conduct of Massachusetts in relation to, <a href="#Page_425">425</a>, <a href="#Page_431">431</a>.</li> -</ul></li> - -<li><span class='smcap'>England</span>—Feeling of towards U. States, <a href="#Page_42">42</a>, <a href="#Page_519">519</a>. -<ul class="sub-idx"> - <li>Debt of, <a href="#Page_43">43</a>.</li> - <li>Condition and prospects of, <a href="#Page_45">45</a>, <a href="#Page_48">48</a>, <a href="#Page_232">232</a>.</li> - <li>Constitution of, <a href="#Page_48">48</a>.</li> - <li>Parties in, <a href="#Page_50">50</a>.</li> - <li>Discontents in, <a href="#Page_196">196</a>.</li> - <li>Origin of her constitution, <a href="#Page_355">355</a>.</li> - <li>Effects of Norman conquest, <a href="#Page_413">413</a>.</li> - <li>Indemnity for slaves carried off by, during Revolutionary war, <a href="#Page_518">518</a>.</li> - <li>Commercial relations of, with United States, <a href="#Page_518">518</a>.</li> - -</ul></li> -<li><span class='smcap'>Europe</span>—Condition of, <a href="#Page_182">182</a>, <a href="#Page_193">193</a>, <a href="#Page_217">217</a>, <a href="#Page_244">244</a>, <a href="#Page_288">288</a>. -<ul class="sub-idx"> - <li>Revolutions in, <a href="#Page_307">307</a>.</li> -</ul></li> - -<li><span class='smcap'>Expatriation</span>—Exists as a natural right, <a href="#Page_72">72</a>.</li> - -<li class="padded"><span class='smcap'>France</span>—Condition of, <a href="#Page_66">66</a>, <a href="#Page_76">76</a>. -<ul class="sub-idx"> - <li>Return to, of Louis XVIII., <a href="#Page_82">82</a>.</li> - <li>Constitution of, <a href="#Page_86">86</a>.</li> - <li>Allied powers depart, <a href="#Page_109">109</a>.</li> - <li>Her revolution, <a href="#Page_302">302</a>.</li> - <li>Her progress in science, <a href="#Page_323">323</a>.</li> - <li>Whether our treaties with, remain Obligatory after her revolution, <a href="#Page_611">611</a>.</li> - <li>Not allowed to equip privateers in our ports, <a href="#Page_226">226</a>.</li> -</ul></li> - -<li><span class='smcap'>Franklin, Benjamin</span>—Calumnies against, <a href="#Page_108">108</a>.</li> - -<li><span class='smcap'>Fisheries</span>—Report on Cod fisheries, <a href="#Page_588">588</a>. -<ul class="sub-idx"> - <li>History of Cod fisheries, <a href="#Page_538">538</a>.</li> - <li>History of whale fisheries, <a href="#Page_544">544</a>.</li> -</ul></li> - -<li class="padded"><span class='smcap'>Generations</span>—One has no right to bind another, <a href="#Page_16">16</a>, <a href="#Page_19">19</a>, <a href="#Page_311">311</a>, <a href="#Page_359">359</a>.</li> - -<li><span class='smcap'>Government</span>—Views on, <a href="#Page_3">3</a>, <a href="#Page_263">263</a>, <a href="#Page_307">307</a>, <a href="#Page_318">318</a>, <a href="#Page_357">357</a>. -<ul class="sub-idx"> - <li>Should reflect will of people in all its departments, <a href="#Page_9">9</a>, <a href="#Page_319">319</a>.</li> - <li>Is progressive, <a href="#Page_15">15</a>.</li> - <li>Should be remodelled from time to time, <a href="#Page_14">14</a>, <a href="#Page_19">19</a>.</li> - <li>Principle of representation, <a href="#Page_32">32</a>.</li> - <li>Must be adapted to each particular people, <a href="#Page_56">56</a>.</li> - <li>Majority must govern, <a href="#Page_75">75</a>.</li> - <li>Europe cannot bear republican government, <a href="#Page_325">325</a>.</li> -</ul></li> - -<li><span class='smcap'>Greek</span>—Pronunciation of, <a href="#Page_112">112</a>, <a href="#Page_137">137</a>. -<ul class="sub-idx"> - <li>The ablative case in, <a href="#Page_272">272</a>, <a href="#Page_340">340</a>.</li> -</ul></li> - -<li><span class='smcap'>Grief</span>—Its uses and abuses, <a href="#Page_33">33</a>, <a href="#Page_37">37</a>.</li> - -<li class="padded"><span class='smcap'>Hamilton, A.</span>—His monarchical principles, <a href="#Page_389">389</a>.</li> - -<li><span class='smcap'>History</span>—Course of, indicated for University of Virginia, <a href="#Page_412">412</a>.</li> - -<li class="padded"><span class='smcap'>Improvement, Internal</span>—Progress of, <a href="#Page_75">75</a>, <a href="#Page_422">422</a>. -<ul class="sub-idx"> - <li>Power of, does not belong to federal government, <a href="#Page_79">79</a>.</li> -</ul></li> - -<li><span class='smcap'>Independence, Declaration of</span>—Its history, <a href="#Page_122">122</a>, <a href="#Page_304">304</a>. -<ul class="sub-idx"> - <li>Jefferson's opinion of Mecklenburg Declaration, <a href="#Page_128">128</a>.</li> - <li>Authorship of, <a href="#Page_407">407</a>.</li> - <li>Original rough draft of, <a href="#Page_409">409</a>.</li> - <li>The house in which written, <a href="#Page_410">410</a>.</li> - <li>Celebration of 50th anniversary of, <a href="#Page_450">450</a>.</li> -</ul></li> - -<li><span class='smcap'>Indians</span>—Their language, <a href="#Page_96">96</a>, <a href="#Page_400">400</a>. -<ul class="sub-idx"> - <li>Plan for civilizing, <a href="#Page_233">233</a>.</li> - <li>The right to extinguish Indian titles belongs to federal and not State governments, <a href="#Page_467">467</a>.</li> -</ul></li> - -<li class="padded"><span class='smcap'>Jay, John</span>—Why he did not sign Declaration of Independence, <a href="#Page_308">308</a>.</li> - -<li><span class='smcap'>Jefferson, Thomas</span>—His estimate of life, <a href="#Page_25">25</a>, <a href="#Page_421">421</a>. -<ul class="sub-idx"> - <li>Decay of his faculties, <a href="#Page_52">52</a>, <a href="#Page_179">179</a>, <a href="#Page_327">327</a>.</li> - <li>Resigned to death, <a href="#Page_52">52</a>, <a href="#Page_243">243</a>.</li> - <li>Oppressed by correspondence, <a href="#Page_54">54</a>, <a href="#Page_254">254</a>.</li> - <li>His occupations in his old age, <a href="#Page_111">111</a>, <a href="#Page_116">116</a>.</li> - <li>His habits of life, <a href="#Page_116">116</a>.</li> - <li>Materials for his biography, <a href="#Page_117">117</a>.</li> - <li>Application for his portrait, <a href="#Page_203">203</a>.</li> - <li>Complains of publication of his letters, <a href="#Page_222">222</a>.</li> - <li>Settlements of his accounts on his return from France, <a href="#Page_239">239</a>, <a href="#Page_246">246</a>.</li> - <li>His relations with J. Adams, <a href="#Page_314">314</a>.</li> - <li>Calumnies of Pickering, <a href="#Page_362">362</a>.</li> - <li>His relations with Washington unaffected by the Mazzei letter, <a href="#Page_364">364</a>.</li> - <li>Their friendship uninterrupted to the last, <a href="#Page_370">370</a>.</li> - <li>His losses by security debt, <a href="#Page_433">433</a>.</li> -</ul></li> - -<li><span class='smcap'>Judiciary, Federal</span>—Decisions of, do not bind other departments of the government, <a href="#Page_134">134</a>, <a href="#Page_177">177</a>. -<ul class="sub-idx"> - <li>Each department decides for itself, <a href="#Page_134">134</a>, <a href="#Page_177">177</a>.</li> - <li>Danger to our system from encroachments of, <a href="#Page_192">192</a>, <a href="#Page_199">199</a>, <a href="#Page_216">216</a>, <a href="#Page_256">256</a>, <a href="#Page_278">278</a>, <a href="#Page_293">293</a>, <a href="#Page_321">321</a>, <a href="#Page_403">403</a>.</li> -</ul></li> - -<li class="padded"><span class='smcap'>Kentucky Resolutions</span>—Drawn by Jefferson, <a href="#Page_229">229</a>.</li> - -<li><span class='pagenum'><a id='Page_657'>657</a></span> -<span class='smcap'>Kosciusko</span>—His will, <a href="#Page_98">98</a>. -<ul class="sub-idx"> - <li>His services to United States, <a href="#Page_106">106</a>.</li> -</ul></li> - -<li class="padded"><span class='smcap'>La Fayette</span>—His visit to United States, <a href="#Page_378">378</a>, <a href="#Page_379">379</a>.</li> - -<li><span class='smcap'>Lands, Public</span>—Settlements on, <a href="#Page_83">83</a>.</li> - -<li><span class='smcap'>Langdon, Governor</span>—His relations with Jefferson, <a href="#Page_154">154</a>.</li> - -<li><span class='smcap'>Language</span>—Is progressive, <a href="#Page_174">174</a>, <a href="#Page_418">418</a>.</li> - -<li><span class='smcap'>Law</span>—Course of reading in, <a href="#Page_207">207</a>. -<ul class="sub-idx"> - <li>Common law no part of law of United States, <a href="#Page_251">251</a>.</li> - <li>Christianity no part of common law, <a href="#Page_359">359</a>.</li> - <li>Origin of common law, <a href="#Page_381">381</a>.</li> -</ul></li> - -<li><span class='smcap'>Law, International</span>—Principle of free ships make free goods &c., not law of nations, <a href="#Page_270">270</a>.</li> - -<li><span class='smcap'>Lee, R. H.</span>—Biography of, <a href="#Page_422">422</a>.</li> - -<li><span class='smcap'>Lewis and Clarke</span>—Journal of their expedition, <a href="#Page_91">91</a>.</li> - -<li><span class='smcap'>Livingston, E.</span>—His code, <a href="#Page_383">383</a>, <a href="#Page_483">483</a>.</li> - -<li><span class='smcap'>Loan</span>—Proposition for new loan, <a href="#Page_629">629</a>.</li> - -<li><span class='smcap'>Lotteries</span>—Jefferson applies for leave to sell his property by lottery, <a href="#Page_434">434</a>.</li> - -<li><span class='smcap'>Louisiana</span>—Boundaries of, <a href="#Page_51">51</a>.</li> - -<li class="padded"><span class='smcap'>Manufactures</span>—Whether a mark should be secured to each by law, <a href="#Page_563">563</a>.</li> - -<li><span class='smcap'>Materialism</span>—Views on, <a href="#Page_153">153</a>, <a href="#Page_175">175</a>.</li> - -<li><span class='smcap'>Mazzei Letter</span>—History and explanation of, <a href="#Page_364">364</a>.</li> - -<li><span class='smcap'>Metaphysics</span>—Views on, <a href="#Page_153">153</a>, <a href="#Page_175">175</a>.</li> - -<li><span class='smcap'>Ministers</span>—Senate has no right to negative the <i>grade</i> of a minister, it can only negative the <i>person</i> appointed by the Executive, <a href="#Page_465">465</a>.</li> - -<li><span class='smcap'>Missions, Religious</span>—To foreign States objectionable, <a href="#Page_287">287</a>.</li> - -<li><span class='smcap'>Mint</span>—The coiner at the mint unable to give security, <a href="#Page_651">651</a>.</li> - -<li><span class='smcap'>Mississippi River</span>—Our right to navigate, <a href="#Page_568">568</a>.</li> - -<li><span class='smcap'>Missouri Question</span>—<a href="#Page_150">150</a>, <a href="#Page_151">151</a>, <a href="#Page_194">194</a>, <a href="#Page_200">200</a>. -<ul class="sub-idx"> - <li>Evil of a geographical line, <a href="#Page_151">151</a>, <a href="#Page_158">158</a>, <a href="#Page_159">159</a>, <a href="#Page_180">180</a>, <a href="#Page_182">182</a>, <a href="#Page_194">194</a>.</li> -</ul></li> - -<li><span class='smcap'>Monroe, James</span>—His election to Presidency, <a href="#Page_80">80</a>.</li> - -<li class="padded"><span class='smcap'>Navy</span>—Origin of navy of United States, <a href="#Page_261">261</a>, <a href="#Page_264">264</a>.</li> - -<li><span class='smcap'>Neutrality</span>—A neutral nation may refuse belligerents right to pass through its territory, <a href="#Page_509">509</a>.</li> - -<li><span class='smcap'>Novels</span>—Evil of, <a href="#Page_102">102</a>.</li> - -<li class="padded"><span class='smcap'>Offices</span>—Rotation in, <a href="#Page_190">190</a>.</li> - -<li><span class='smcap'>Optics</span>—Views on, suggested, <a href="#Page_258">258</a>.</li> - -<li><span class='smcap'>Oratory</span>—Defects of modern, <a href="#Page_347">347</a>.</li> - -<li class="padded"><span class='smcap'>Paine, Thomas</span>—His writings, <a href="#Page_197">197</a>.</li> - -<li><span class='smcap'>Parties</span>—History of, in U. S., <a href="#Page_277">277</a>, <a href="#Page_290">290</a>. -<ul class="sub-idx"> - <li>Original views of federal and republican, <a href="#Page_290">290</a>.</li> - <li>Republican party becomes federalized, <a href="#Page_325">325</a>, <a href="#Page_342">342</a>.</li> - <li>Necessity of, <a href="#Page_376">376</a>.</li> - <li>A strong monarchical party at the beginning of our government, <a href="#Page_390">390</a>.</li> -</ul></li> - -<li><span class='smcap'>Posts, North-western</span>—England refuses to surrender, <a href="#Page_518">518</a>.</li> - -<li class="padded"><span class='smcap'>Quakers</span>—Character of, <a href="#Page_66">66</a>.</li> - -<li class="padded"><span class='smcap'>Randolph, Peyton</span>—Character of, <a href="#Page_20">20</a>.</li> - -<li><span class='smcap'>Religion</span>—Jefferson's views on, <a href="#Page_28">28</a>, <a href="#Page_61">61</a>, <a href="#Page_127">127</a>, <a href="#Page_164">164</a>, <a href="#Page_170">170</a>, <a href="#Page_185">185</a>, <a href="#Page_210">210</a>, <a href="#Page_245">245</a>, <a href="#Page_252">252</a>, <a href="#Page_257">257</a>, <a href="#Page_266">266</a>, <a href="#Page_269">269</a>, <a href="#Page_281">281</a>. -<ul class="sub-idx"> - <li>System of Jesus compared with ancient philosophers, <a href="#Page_138">138</a>, <a href="#Page_156">156</a>, <a href="#Page_164">164</a>, <a href="#Page_185">185</a>.</li> - <li>Jesus as a reformer, <a href="#Page_164">164</a>.</li> - <li>Modern fanaticism, <a href="#Page_170">170</a>.</li> - <li>Religious intolerance, <a href="#Page_396">396</a>.</li> -</ul></li> - -<li><span class='smcap'>Representation</span>—Bill apportioning, <a href="#Page_594">594</a>.</li> - -<li><span class='smcap'>Revolution, The</span>—Who begun it, <a href="#Page_99">99</a>, <a href="#Page_103">103</a>, <a href="#Page_121">121</a>. -<ul class="sub-idx"> - <li>Circumstances attending Declaration of Independence, <a href="#Page_122">122</a>.</li> -</ul></li> - -<li><span class='smcap'>Revolutionary Debt</span>—Those due soldiers of North Carolina and Virginia should be paid to themselves and not their assignees, <a href="#Page_469">469</a>.</li> - -<li><span class='smcap'>Roman People and Constitution</span>—<a href="#Page_148">148</a>, <a href="#Page_150">150</a>.</li> - -<li class="padded"><span class='smcap'>Sciences</span>—Distribution of, <a href="#Page_339">339</a>. -<ul class="sub-idx"> - <li>Progress of France in, <a href="#Page_327">327</a>.</li> -</ul></li> - -<li><span class='smcap'>Slaves</span>—Not entitled to be represented, <a href="#Page_36">36</a>. -<ul class="sub-idx"> - <li>Emancipation of, <a href="#Page_58">58</a>, <a href="#Page_310">310</a>.</li> - <li>Amelioration of condition of, <a href="#Page_403">403</a>, <a href="#Page_437">437</a>.</li> - <li>Re-capture of slaves escaped to Florida, <a href="#Page_601">601</a>.</li> -</ul></li> - -<li><span class='smcap'>Society</span>—Its progress, <a href="#Page_377">377</a>.</li> - -<li><span class='smcap'>South American Provinces</span>—Incapable of self-government, <a href="#Page_67">67</a>, <a href="#Page_75">75</a>, <a href="#Page_104">104</a>, <a href="#Page_210">210</a>.</li> - -<li><span class='smcap'>Spain</span>—Treaty with, rejected, <a href="#Page_160">160</a>.</li> - -<li class="padded"><span class='smcap'>Taylor, John</span>—Jefferson's opinion of his "constitution construed," <a href="#Page_213">213</a>, <a href="#Page_216">216</a>.</li> - -<li><span class='smcap'>Tracy, Destutt</span>—His works, <a href="#Page_38">38</a>, <a href="#Page_55">55</a>. - -<span class='pagenum'><a id='Page_658'>658</a></span></li> - -<li class="padded"><span class='smcap'>University of Virginia</span>—Organization of, <a href="#Page_81">81</a>, <a href="#Page_161">161</a>, <a href="#Page_173">173</a>, <a href="#Page_196">196</a>, <a href="#Page_329">329</a>, <a href="#Page_392">392</a>, <a href="#Page_441">441</a>. -<ul class="sub-idx"> - <li>Religious objections to appointment of Dr. Cooper in, <a href="#Page_156">156</a>, <a href="#Page_162">162</a>, <a href="#Page_171">171</a>.</li> - <li>Difficulties surrounding, <a href="#Page_201">201</a>, <a href="#Page_204">204</a>, <a href="#Page_237">237</a>, <a href="#Page_392">392</a>.</li> - <li>Necessity for a southern University, <a href="#Page_205">205</a>.</li> - <li>Arrangement for religious worship, <a href="#Page_267">267</a>.</li> - <li>Students allowed to select tickets, <a href="#Page_300">300</a>.</li> - <li>Difficulties of discipline, <a href="#Page_301">301</a>.</li> - <li>Progress of, <a href="#Page_309">309</a>.</li> - <li>Selection of professors for, <a href="#Page_348">348</a>.</li> - <li>Inculcation of federal doctrines in, should be guarded against, <a href="#Page_397">397</a>.</li> - <li>Necessity for an Anatomical Hall, <a href="#Page_393">393</a>, <a href="#Page_398">398</a>.</li> - <li>Appointment of foreign professors, <a href="#Page_415">415</a>.</li> - <li>Library of, <a href="#Page_432">432</a>.</li> - <li>Establishment of school of Botany, <a href="#Page_438">438</a>, <a href="#Page_441">441</a>.</li> -</ul></li> - -<li><span class='smcap'>United States</span>—True policy of, <a href="#Page_6">6</a>. -<ul class="sub-idx"> - <li>Animosity to England growing out of last war, <a href="#Page_22">22</a>.</li> - <li>Relations of, with European powers, <a href="#Page_288">288</a>.</li> - <li>Relations of, with England, <a href="#Page_22">22</a>.</li> - <li>Danger of dissolution of Union, <a href="#Page_182">182</a>.</li> - <li>Should disconnect their policy from that of Europe, <a href="#Page_183">183</a>, <a href="#Page_315">315</a>.</li> - <li>Dangers which threaten them, <a href="#Page_211">211</a>, <a href="#Page_214">214</a>.</li> -</ul></li> - -<li class="padded"><span class='smcap'>Vander Kemp</span>—History of, <a href="#Page_29">29</a>.</li> - -<li><span class='smcap'>Virginia</span>—Programme of new constitution for, <a href="#Page_9">9</a>. -<ul class="sub-idx"> - <li>Arnold's invasion of, <a href="#Page_144">144</a>, <a href="#Page_444">444</a>.</li> - <li>Historical documents of, <a href="#Page_312">312</a>.</li> - <li>Her first constitution, <a href="#Page_344">344</a>.</li> - <li>Defects in, <a href="#Page_315">315</a>.</li> - <li>Authorship of bill of rights, constitution of, <a href="#Page_405">405</a>, <a href="#Page_407">407</a>.</li> -</ul></li> - -<li class="padded"><span class='smcap'>War</span>—Benefits of the last war, <a href="#Page_66">66</a>.</li> - -<li><span class='smcap'>Wards</span>—Counties should be divided into, <a href="#Page_35">35</a>.</li> - -<li><span class='smcap'>Washington, Gen.</span>—Authorship of Farewell Address, <a href="#Page_291">291</a>. -<ul class="sub-idx"> - <li>No unkind feeling between him and Jefferson on account of Mazzei letter, <a href="#Page_364">364</a>.</li> - <li>Forms and ceremonies adopted during his administration, <a href="#Page_367">367</a>.</li> - <li>He was a true republican, <a href="#Page_371">371</a>.</li> -</ul></li> - -<li><span class='smcap'>Washington City</span>—Locating of, <a href="#Page_512">512</a>, <a href="#Page_561">561</a>.</li> - -<li><span class='smcap'>Water</span>—Report on methods of obtaining fresh water from salt, <a href="#Page_455">455</a>.</li> - -<li><span class='smcap'>Weights and Measures</span>—A standard of, <a href="#Page_87">87</a>. -<ul class="sub-idx"> - <li>Report on, <a href="#Page_472">472</a>.</li> -</ul></li> - -<li><span class='smcap'>Whiskey</span>—Evils of its cheapness, <a href="#Page_285">285</a>.</li> - -<li><span class='smcap'>William and Mary College</span>—Its foundation, <a href="#Page_328">328</a>. -<ul class="sub-idx"> - <li>Proposition to consolidate it with University, <a href="#Page_350">350</a>, <a href="#Page_384">384</a>.</li> - <li>Its charter is under the power of the legislature, <a href="#Page_350">350</a>, <a href="#Page_384">384</a>.</li> -</ul></li> -<li><span class='smcap'>Wines</span>—Use of beneficial, <a href="#Page_110">110</a>.</li> -</ul> - -<div class='footnotes'> -<h2 class="fntitle">FOOTNOTES</h2> - -<div class='footnote' id='FN_1'> -<p> -<span class='fnlabel'><a href='#FA_1'>[1]</a></span> If conforming to this desire of other nations, we adopt the second pendulum, - <sup>3</sup>⁄<sub>10</sub> of that for our foot will be the same as ⅕ or, <sup>2</sup>⁄<sub>10</sub> 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. -</p></div> - -<div class='footnote' id='FN_2'> -<p> -<span class='fnlabel'><a href='#FA_2'>[2]</a></span> It was found page 41. -</p></div> - -<div class='footnote' id='FN_3'> -<p> -<span class='fnlabel'><a href='#FA_3'>[3]</a></span> The constitution controlling the common law in this particular. -</p></div> - -<div class='footnote' id='FN_4'> -<p> -<span class='fnlabel'><a href='#FA_4'>[4]</a></span> <i>e. g.</i> 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. -</p></div> - -<div class='footnote' id='FN_5'> -<p> -<span class='fnlabel'><a href='#FA_5'>[5]</a></span> I believe by Athenasius and the council of Nicea. -</p></div> - -<div class='footnote' id='FN_6'> -<p> -<span class='fnlabel'><a href='#FA_6'>[6]</a></span> Ocellus de d'Argens, p. 97. -</p></div> - -<div class='footnote' id='FN_7'> -<p> -<span class='fnlabel'><a href='#FA_7'>[7]</a></span> Enfield, vi. 3. -</p></div> - -<div class='footnote' id='FN_8'> -<p> -<span class='fnlabel'><a href='#FA_8'>[8]</a></span> Ib. 105. -</p></div> - -<div class='footnote' id='FN_9'> -<p> -<span class='fnlabel'><a href='#FA_9'>[9]</a></span> Timæus, 17. Enfield, vi. 3. -</p></div> - -<div class='footnote' id='FN_10'> -<p> -<span class='fnlabel'><a href='#FA_10'>[10]</a></span> Hist. des Saints, 2 c. 4 p. 212, 215. -</p></div> - -<div class='footnote' id='FN_11'> -<p> -<span class='fnlabel'><a href='#FA_11'>[11]</a></span> Ocellus, 90. -</p></div> - -<div class='footnote' id='FN_12'> -<p> -<span class='fnlabel'><a href='#FA_12'>[12]</a></span> That of Athanasius and the Council of Nicæa, anno. 324. -</p></div> - -<div class='footnote' id='FN_13'> -<p> -<span class='fnlabel'><a href='#FA_13'>[13]</a></span> January 16, 1814. -</p></div> - -<div class='footnote' id='FN_14'> -<p> -<span class='fnlabel'><a href='#FA_14'>[14]</a></span> 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". -</p></div> - -<div class='footnote' id='FN_15'> -<p> -<span class='fnlabel'><a href='#FA_15'>[15]</a></span> 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. -</p></div> - -<div class='footnote' id='FN_16'> -<p> -<span class='fnlabel'><a href='#FA_16'>[16]</a></span> 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 <i>approach</i> according -to his definition of the Dative. -</p></div> - -<div class='footnote' id='FN_17'> -<p> -<span class='fnlabel'><a href='#FA_17'>[17]</a></span> Address lost. -</p></div> - -<div class='footnote' id='FN_18'> -<p> -<span class='fnlabel'><a href='#FA_18'>[18]</a></span> Address lost. -</p></div> - -<div class='footnote' id='FN_19'> -<p> -<span class='fnlabel'><a href='#FA_19'>[19]</a></span> Address lost. -</p></div> - -<div class='footnote' id='FN_20'> -<p> -<span class='fnlabel'><a href='#FA_20'>[20]</a></span> 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." -</p></div> - -<div class='footnote' id='FN_21'> -<p> -<span class='fnlabel'><a href='#FA_21'>[21]</a></span> Address lost. -</p></div> - -<div class='footnote' id='FN_22'> - -<span class='fnlabel'><a href='#FA_22'>[22]</a></span> -<table summary="Garden Plan"> -<tr> -<td> -To wit,</td> -<td class="tdh">19,360 square yards = 4 acres for the garden of plants.</td> -</tr> -<tr> -<td></td> -<td class="tdu tdh">9,680 square yards = 2 acres for the plants of trees.</td> -</tr> -<tr> -<td></td> -<td class="tdh">29,040 square yards = 6 acres in the whole.</td> -</tr> -</table> - -</div> - -<div class='footnote' id='FN_23'> -<p> -<span class='fnlabel'><a href='#FA_23'>[23]</a></span> See <a href="http://www.gutenberg.org/files/45847/45847-h/45847-h.htm#Page_162">Vol. I. p. 162</a>. -</p></div> - -<div class='footnote' id='FN_24'> -<p> -<span class='fnlabel'><a href='#FA_24'>[24]</a></span> [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." -</p></div> - -<div class='footnote' id='FN_25'> -<p> -<span class='fnlabel'><a href='#FA_25'>[25]</a></span> See <a href="#Number1">No. 1</a> accompanying this report. -</p></div> - -<div class='footnote' id='FN_26'> -<p> -<span class='fnlabel'><a href='#FA_26'>[26]</a></span> 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. -</p></div> - -<div class='footnote' id='FN_27'> -<p> -<span class='fnlabel'><a href='#FA_27'>[27]</a></span> 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. -</p></div> - -<div class='footnote' id='FN_28'> -<p> -<span class='fnlabel'><a href='#FA_28'>[28]</a></span> Rivers belong to the public, that is to say to the Roman people. -</p></div> - -<div class='footnote' id='FN_29'> -<p> -<span class='fnlabel'><a href='#FA_29'>[29]</a></span> "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." -</p></div> - -<div class='footnote' id='FN_30'> -<p> -<span class='fnlabel'><a href='#FA_30'>[30]</a></span> "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." -</p></div> - -<div class='footnote' id='FN_31'> -<p> -<span class='fnlabel'><a href='#FA_31'>[31]</a></span> "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." -</p></div> - -<div class='footnote' id='FN_32'> -<p> -<span class='fnlabel'><a href='#FA_32'>[32]</a></span> "The most favored nation." -</p></div> - -<div class='footnote' id='FN_33'> -<p> -<span class='fnlabel'><a href='#FA_33'>[33]</a></span> April 12, 1792. -</p></div> - -</div> - - - - - - - -<pre> - - - - - -End of the Project Gutenberg EBook of The Writings of Thomas Jefferson, Vol. -VII. 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