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Subject Area: Political Theory
Topic: The American Revolution and Constitution

1815 - TO JAMES MONROE - Thomas Jefferson, The Works, vol. 11 (Correspondence and Papers 1808-1816) [1905]

Edition used:

The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 11.

Part of: The Works of Thomas Jefferson, 12 vols.

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TO JAMES MONROE

j. mss.

Monticello, January 1, 1815

Dear Sir,

—Your letters of November the 30th and December the 21st have been received with great pleasure. A truth now and then projecting into the ocean of newspaper lies, serves like head-lands to correct our course. Indeed, my scepticism as to everything I see in a newspaper, makes me indifferent whether I ever see one. The embarrassments at Washington, in August last, I expected would be great in any state of things; but they proved greater than expected. I never doubted that the plans of the President were wise and sufficient. Their failure we all impute, 1, to the insubordinate temper of Armstrong; and 2, to the indecision of Winder. However, it ends well. It mortifies ourselves, and so may check, perhaps, the silly boasting spirit of our newspapers, and it enlists the feelings of the world on our side; and the advantage of public opinion is like that of the weather-gauge in a naval action. In Europe, the transient possession of our Capital can be no disgrace. Nearly every Capital there was in possession of its enemy; some often and long. But diabolical as they paint that enemy, he burnt neither public edifices nor private dwellings. It was reserved for England to show that Bonaparte, in atrocity, was an infant to their ministers and their generals. They are taking his place in the eyes of Europe, and have turned into our channel all its good will. This will be worth the million of dollars the repairs of their conflagration will cost us. I hope that to preserve this weather-gauge of public opinion, and to counteract the slanders and falsehoods disseminated by the English papers, the government will make it a standing instruction to their ministers at foreign courts, to keep Europe truly informed of occurrences here, by publishing in their papers the naked truth always, whether favorable or unfavorable. For they will believe the good, if we candidly tell them the bad also.

But you have two more serious causes of uneasiness; the want of men and money. For the former, nothing more wise or efficient could have been imagined than what you proposed. It would have filled our ranks with regulars, and that, too, by throwing a just share of the burthen on the purses of those whose persons are exempt either by age or office; and it would have rendered our militia, like those of the Greeks and Romans, a nation of warriors. But the go-by seems to have been given to your proposition, and longer sufferance is necessary to force us to what is best. We seem equally incorrigible to our financial course. Although a century of British experience has proved to what a wonderful extent the funding on specific redeeming taxes enables a nation to anticipate in war the resources of peace, and although the other nations of Europe have tried and trodden every path of force or folly in fruitless quest of the same object, yet we still expect to find in juggling tricks and banking dreams, that money can be made out of nothing, and in sufficient quantity to meet the expenses of a heavy war by sea and land. It is said, indeed, that money cannot be borrowed from our merchants as from those of England. But it can be borrowed from our people. They will give you all the necessaries of war they produce, if, instead of the bankrupt trash they now are obliged to receive for want of any other, you will give them a paper promise funded on a specific pledge, and of a size for common circulation. But you say the merchants will not take this paper. What the people take the merchants must take or sell nothing. All these doubts and fears prove only the extent of the dominion which the banking institutions have obtained over the minds of our citizens, and especially of those inhabiting cities or other banking places; and this dominion must be broken, or it will break us. But here, as in the other case, we must make up our minds to suffer yet longer before we can get right. The misfortune is, that in the meantime we shall plunge ourselves in unextinguishable debt, and entail on our posterity an inheritance of eternal taxes, which will bring our government and people into the condition of those of England, a nation of pikes and gudgeons, the latter bred merely as food for the former. But, however these difficulties of men and money may be disposed of, it is fortunate that neither of them will affect our war by sea. Privateers will find their own men and money. Let nothing be spared to encourage them. They are the dagger which strikes at the heart of the enemy, their commerce. Frigates and seventy-fours are a sacrifice we must make, heavy as it is, to the prejudices of a part of our citizens. They have, indeed, rendered a great moral service, which has delighted me as much as any one in the United States. But they have had no physical effect sensible to the enemy; and now, while we must fortify them in our harbors, and keep armies to defend them, our privateers are bearding and blockading the enemy in their own seaports. Encourage them to burn all their prizes, and let the public pay for them. They will cheat us enormously. No matter; they will make the merchants of England feel, and squeal, and cry out for peace.

I much regretted your acceptance of the war department. Not that I know a person who I think would better conduct it. But, conduct it ever so wisely, it will be a sacrifice of yourself. Were an angel from Heaven to undertake that office, all our miscarriages would be ascribed to him. Raw troops, no troops, insubordinate militia, want of arms, want of money, want of provisions, all will be charged to want of management in you. I speak from experience, when I was Governor of Virginia. Without a regular in the State, and scarcely a musket to put into the hands of the militia, invaded by two armies, Arnold’s from the sea-board and Cornwallis’ from the southward, when we were driven from Richmond and Charlottesville, and every member of my council fled from their homes, it was not the total destitution of means, but the mismanagement of them, which, in the querulous voice of the public, caused all our misfortunes. It ended, indeed, in the capture of the whole hostile force, but not till means were brought us by General Washington’s army, and the French fleet and army. And although the legislature, who were personally intimate with both the means and measures, acquitted me with justice and thanks, yet General Lee has put all those imputations among the romances of his historical novel, for the amusement of credulous and uninquisitive readers. Not that I have seen the least disposition to censure you. On the contrary, your conduct on the attack of Washington has met the praises of every one, and your plan for regulars and militia, their approbation. But no campaign is as yet opened. No generals have yet an interest in shifting their own incompetence on you, no army agents their rogueries. I sincerely pray you may never meet censure where you will deserve most praise, and that your own happiness and prosperity may be the result of your patriotic services.

Ever and affectionately yours.

TO JOSEPH C. CABELL

j. mss.

Monticello Jan. 5. 15

Dear Sir,

—Your favor of Dec. 27 with the letter inclosed, has been received. Knowing well that the bank-mania still possesses the great body of our countrymen, it was not expected that any radical cure of that could be at once effected. We must go further wrong, probably to a ne plus ultra before we shall be forced into what is right. Something will be obtained however, if we can excite, in those who think, doubt first, reflexion next, and conviction at last. The constitution too presents difficulties here with which the general government is not embarrassed. If your Auditor’s notes are made payable to bearer, and of sizes suitable for circulation, they will find their way into circulation, as well as into the hoards of the thrifty. Especially in important payments for land &c which are to lie on hand some time waiting for employment. A bank-note is now received only as a “Robin’s alive.”

On Mr. Ritchie’s declining the publication of Tracy’s work, I proposed it to a Mr. Milligan of Georgetown who undertakes it. I had therefore written to Genl. Duane to forward it to him; so that it will not be in my possession until it is published. Have you seen the Review of Montesquieu by an anonymous author? The ablest work of the age. It was translated and published by Duane about 3. years ago. In giving the most correct analysis of the principles of political association which has yet been offered, he states, in the branch of political economy particularly, altho’ much is brief, some of the soundest and most profound views we have ever had on those subjects. I have lately received a letter from Say. He has in contemplation to remove to this country, and to this neighborhood particularly; and asks from me answers to some enquiries he makes. Could the petition which the Albemarle academy addressed to our legislature have succeeded at the late session a little aid additional to the objects of that would have enabled us to have here immediately the best seminary of the US. I do not know to whom P. Carr (President of the board of trustees) committed the petition and papers; but I have seen no trace of their having been offered. Thinking it possible you may not have seen them, I send for your perusal the copies I retained for my own use. They consist 1. of a letter to him, sketching at the request of the trustees, a plan for the institution. 2. One to Judge Cooper in answer to some observations he had favored me with, on the plan. 3. A copy of the petition of the trustees. 4. A copy of the act we wished from the legislature. They are long. But, as we always counted on you as the main pillar of their support, and we shall probably return to the charge at the next session, the trouble of reading them will come upon you, and as well now as then. The lottery allowed by the former act, the proceeds of our two glebes, and our dividend of the literary fund, with the reorganization of the institution are what was asked in that petition. In addition to this if we could obtain a loan for 4. or 5. years only, of 7. or 8000 D. I think I have it now in my power to obtain three of the ablest characters in the world to fill the higher professorships of what in the plan is called the IId or General grade of education, three such characters as are not in a single university of Europe and for those of languages & Mathematics, a part of the same grade, able professors doubtless could also be readily obtained. With these characters, I should not be afraid to say that the circle of the sciences composing that 2d or General grade, would be more profoundly taught here than in any institution in the US. and might I go farther.

The 1st or Elementary grade of education is not developed in this plan; an authority only being asked to it’s Visitors for putting into motion a former proposition for that object. For an explanation of this therefore, I am obliged to add to these papers a letter I wrote some time since to Mr. Adams, in which I had occasion to give some account of what had been proposed here for culling from every condition of our people the natural aristocracy of talents & virtue, and of preparing it by education, at the public expence, for the care of the public concerns. This letter will present to you some measures still requisite to compleat & secure our republican edifice, and which remain in charge for our younger statesmen. On yourself, Mr. Rives, Mr. Gilmer, when they shall enter the public councils, I rest my hopes for this great accomplishment, and doubtless you will have other able coadjutors not known to me.

Colo. Randolph having gone to Richmond before the rising of the legislature, you will have had an opportunity of explaining to him personally the part of your letter respecting his petition for opening the Milton falls, which his departure prevented my communicating to him. I had not heard him speak of it, and had been glad, as to myself, by the act recently passed, to have saved our own rights in the defensive war with the Rivanna company, and should not have advised the renewing and carrying the war into the enemy’s country.

Be so good as to return all the inclosed papers after perusal and to accept assurances of my great esteem & respect.

TO WILLIAM H. CRAWFORD

(MINISTER TO FRANCE.)

j. mss.

Monticello, February 11, 1815

Dear Sir,

—I have to thank you for your letter of June 16th. It presents those special views of the state of things in Europe, for which we look in vain into newspapers. They tell us only of the downfall of Bonaparte, but nothing of the temper, the views, the secret workings of the high agents in these transactions. Although we neither expected, nor wished any act of friendship from Bonaparte, and always detested him as a tyrant, yet he gave employment to much of the force of the nation who was our common enemy. So far, his downfall was illy timed for us; it gave to England an opportunity to turn full-handed on us, when we were unprepared. No matter, we can beat her on our own soil, leaving the laws of the ocean to be settled by the maritime powers of Europe, who are equally oppressed and insulted by the usurpations of England on that element. Our particular and separate grievance is only the impressment of our citizens. We must sacrifice the last dollar and drop of blood to rid us of that badge of slavery; and it must rest with England alone to say whether it is worth eternal war, for eternal it must be if she holds to the wrong. She will probably find that the six thousand citizens she took from us by impressment have already cost her ten thousand guineas a man, and will cost her, in addition, the half of that annually, during the continuance of the war, besides the captures on the ocean, and the loss of our commerce. She might certainly find cheaper means of manning her fleet, or, if to be manned at this expense, her fleet will break her down. The first year of our warfare by land was disastrous. Detroit, Queenstown, Frenchtown, and Beaver Dam, witness that. But the second was generally successful, and the third entirely so, both by sea and land. For I set down the coup de main at Washington as more disgraceful to England than to us. The victories of the last year at Chippewa, Niagara, Fort Erie, Plattsburg, and New Orleans, the capture of their two fleets on Lakes Erie and Champlain, and repeated triumphs of our frigates over hers, whenever engaging with equal force, show that we have officers now becoming prominent, and capable of making them feel the superiority of our means, in a war on our own soil. Our means are abundant both as to men and money, wanting only skilful arrangement; and experience alone brings skill. As to men, nothing wiser can be devised than what the Secretary at War (Monroe) proposed in his Report at the commencement of Congress. It would have kept our regular army always of necessity full, and by classing our militia according to ages, would have put them into a form ready for whatever service, distant or at home, should require them. Congress have not adopted it, but their next experiment will lead to it. Our financial system is, at least, arranged. The fatal possession of the whole circulating medium by our banks, the excess of those institutions, and their present discredit, cause all our difficulties. Treasury notes of small as well as high denomination, bottomed on a tax which would redeem them in ten years, would place at our disposal the whole circulating medium of the United States; a fund of credit sufficient to carry us through any probable length of war. A small issue of such paper is now commencing. It will immediately supersede the bank paper; nobody receiving that now but for the purposes of the day, and never in payments which are to lie by for any time. In fact, all the banks having declared they will not give cash in exchange for their own notes, these circulate merely because there is no other medium of exchange. As soon as the treasury notes get into circulation, the others will cease to hold any competition with them. I trust that another year will confirm this experiment, and restore this fund to the public, who ought never more to permit its being filched from them by private speculators and disorganizers of the circulation.

Do they send you from Washington the Historical Register of the United States? It is published there annually, and gives a succinct and judicious history of the events of the war, not too long to be inserted in the European newspapers, and would keep the European public truly informed, by correcting the lying statements of the British papers. It gives, too, all the public documents of any value. Niles’ Weekly Register is also an excellent repository of facts and documents, and has the advantage of coming out weekly, whereas the other is yearly.

TO THE MARQUIS DE LAFAYETTE

j. mss.

Monticello, February 14, 1815

My Dear Friend,

—Your letter of August the 14th has been received and read again, and again, with extraordinary pleasure. It is the first glimpse which has been furnished me of the interior workings of the late unexpected but fortunate revolution of your country. The newspapers told us only that the great beast was fallen; but what part in this the patriots acted, and what the egotists, whether the former slept while the latter were awake to their own interests only, the hireling scribblers of the English press said little and knew less. I see now the mortifying alternative under which the patriot there is placed, of being either silent, or disgraced by an association in opposition with the remains of Bonapartism. A full measure of liberty is not now perhaps to be expected by your nation, nor am I confident they are prepared to preserve it. More than a generation will be requisite, under the administration of reasonable laws favoring the progress of knowledge in the general mass of the people, and their habituation to an independent security of person and property, before they will be capable of estimating the value of freedom, and the necessity of a sacred adherence to the principles on which it rests for preservation. Instead of that liberty which takes root and growth in the progress of reason, if recovered by mere force or accident, it becomes, with an unprepared people, a tyranny still, of the many, the few, or the one. Possibly you may remember, at the date of the jue de paume, how earnestly I urged yourself and the patriots of my acquaintance, to enter then into a compact with the king, securing freedom of religion, freedom of the press, trial by jury, habeas corpus, and a national legislature, all of which it was known he would then yield, to go home, and let these work on the amelioration of the condition of the people, until they should have rendered them capable of more, when occasions would not fail to arise for communicating to them more. This was as much as I then thought them able to bear, soberly and usefully for themselves. You thought otherwise, and that the dose might still be larger. And I found you were right; for subsequent events proved they were equal to the constitution of 1791. Unfortunately, some of the most honest and enlightened of our patriotic friends, (but closet politicians merely, unpractised in the knowledge of man,) thought more could still be obtained and borne. They did not weigh the hazards of a transition from one form of government to another, the value of what they had already rescued from those hazards, and might hold in security if they pleased, nor the imprudence of giving up the certainty of such a degree of liberty, under a limited monarchy, for the uncertainty of a little more under the form of a republic. You differed from them. You were for stopping there, and for securing the constitution which the National Assembly had obtained. Here, too, you were right; and from this fatal error of the republicans, from their separation from yourself and the constitutionalists, in their councils, flowed all the subsequent sufferings and crimes of the French nation. The hazards of a second change fell upon them by the way. The foreigner gained time to anarchise by gold the government he could not overthrow by arms, to crush in their own councils the genuine republicans, by the fraternal embraces of exaggerated and hired pretenders, and to turn the machine of Jacobinism from the change to the destruction of order; and, in the end, the limited monarchy they had secured was exchanged for the unprincipled and bloody tyranny of Robespierre, and the equally unprincipled and maniac tyranny of Bonaparte. You are now rid of him, and I sincerely wish you may continue so. But this may depend on the wisdom and moderation of the restored dynasty. It is for them now to read a lesson in the fatal errors of the republicans; to be contented with a certain portion of power, secured by formal compact with the nation, rather than, grasping at more, hazard all upon uncertainty, and risk meeting the fate of their predecessor, or a renewal of their own exile. We are just informed, too, of an example which merits, if true, their most profound contemplation. The gazettes say that Ferdinand of Spain is dethroned, and his father re-established on the basis of their new constitution. This order of magistrates must, therefore, see, that although the attempts at reformation have not succeeded in their whole length, and some secession from the ultimate point has taken place, yet that men have by no means fallen back to their former passiveness, but on the contrary, that a sense of their rights, and a restlessness to obtain them, remain deeply impressed on every mind, and, if not quieted by reasonable relaxations of power, will break out like a volcano on the first occasion, and overwhelm everything again in its way. I always thought the present king an honest and moderate man; and having no issue, he is under a motive the less for yielding to personal considerations. I cannot, therefore, but hope, that the patriots in and out of your legislature, acting in phalanx, but temperately and wisely, pressing unremittingly the principles omitted in the late capitulation of the king, and watching the occasions which the course of events will create, may get those principles engrafted into it, and sanctioned by the solemnity of a national act.

With us the affairs of war have taken the most favorable turn which was to be expected. Our thirty years of peace had taken off, or superannuated, all our revolutionary officers of experience and grade; and our first draught in the lottery of untried characters had been most unfortunate. The delivery of the fort and army of Detroit by the traitor Hull; the disgrace at Queenstown, under Van Rensellaer; the massacre at Frenchtown under Winchester; and surrender of Boerstler in an open field to one-third of his own numbers, were the inauspicious beginnings of the first year of our warfare. The second witnessed but the single miscarriage occasioned by the disagreement of Wilkinson and Hampton, mentioned in my letter to you of November the 30th, 1813, while it gave us the capture of York by Dearborne and Pike; the capture of Fort George by Dearborne also; the capture of Proctor’s army on the Thames by Harrison, Shelby and Johnson, and that of the whole British fleet on Lake Erie by Perry. The third year has been a continued series of victories, to-wit: of Brown and Scott at Chippewa, of the same at Niagara; of Gaines over Drummond at Fort Erie; that of Brown over Drummond at the same place; the capture of another fleet on Lake Champlain by M’Donough; the entire defeat of their army under Prevost, on the same day, by M’Comb, and recently their defeats at New Orleans by Jackson, Coffee and Carroll, with the loss of four thousand men out of nine thousand and six hundred, with their two generals, Packingham and Gibbs killed, and a third, Keane, wounded, mortally, as is said.

This series of successes has been tarnished only by the conflagration at Washington, a coup de main differing from that at Richmond, which you remember, in the revolutionary war, in the circumstance only, that we had, in that case, but forty-eight hours’ notice that an enemy had arrived within our capes; whereas, at Washington, there was abundant previous notice. The force designated by the President was double of what was necessary; but failed, as is the general opinion, through the insubordination of Armstrong, who would never believe the attack intended until it was actually made, and the sluggishness of Winder before the occasion, and his indecision during it. Still, in the end, the transaction has helped rather than hurt us, by arousing the general indignation of our country, and by marking to the world of Europe the Vandalism and brutal character of the English government. It has merely served to immortalize their infamy. And add further, that through the whole period of the war, we have beaten them single-handed at sea, and so thoroughly established our superiority over them with equal force, that they retire from that kind of contest, and never suffer their frigates to cruize singly. The Endymion would never have engaged the frigate President, but knowing herself backed by three frigates and a razee, who, though somewhat slower sailers, would get up before she could be taken. The disclosure to the world of the fatal secret that they can be beaten at sea with an equal force, the evidence furnished by the military operations of the last year that experience is rearing us officers who, when our means shall be fully under way, will plant our standard on the walls of Quebec and Halifax, their recent and signal disaster at New Orleans, and the evaporation of their hopes from the Hartford convention, will probably raise a clamor in the British nation, which will force their ministry into peace. I say force them, because, willingly, they would never be at peace. The British ministers find in a state of war rather than of peace, by riding the various contractors, and receiving douceurs on the vast expenditures of the war supplies, that they recruit their broken fortunes, or make new ones, and therefore will not make peace as long as by any delusions they can keep the temper of the nation up to the war point. They found some hopes on the state of our finances. It is true that the excess of our banking institutions, and their present discredit, have shut us out from the best source of credit we could ever command with certainty. But the foundations of credit still remain to us, and need but skill which experience will soon produce, to marshal them into an order which may carry us through any length of war. But they have hoped more in their Hartford convention. Their fears of republican France being now done away, they are directed to republican America, and they are playing the same game for disorganization here, which they played in your country. The Marats, the Dantons and Robespierres of Massachusetts are in the same pay, under the same orders, and making the same efforts to anarchise us, that their prototypes in France did there.

I do not say that all who met at Hartford were under the same motives of money, nor were those of France. Some of them are Outs, and wish to be Inns; some the mere dupes of the agitators, or of their own party passions, while the Maratists alone are in the real secret; but they have very different materials to work on. The yeomanry of the United States are not the canaille of Paris. We might safely give them leave to go through the United States recruiting their ranks, and I am satisfied they could not raise one single regiment (gambling merchants and silk-stocking clerks excepted) who would support them in any effort to separate from the Union. The cement of this Union is in the heart-blood of every American. I do not believe there is on earth a government established on so immovable a basis. Let them, in any State, even in Massachusetts itself, raise the standard of separation, and its citizens will rise in mass, and do justice themselves on their own incendiaries. If they could have induced the government to some effort of suppression, or even to enter into discussion with them, it would have given them some importance, have brought them into some notice. But they have not been able to make themselves even a subject of conversation, either of public or private societies. A silent contempt has been the sole notice they excite; consoled, indeed, some of them, by the palpable favors of Philip. Have then no fears for us, my friend. The grounds of these exist only in English newspapers, endited or endowed by the Castlereaghs or the Cannings, or some other such models of pure and uncorrupted virtue. Their military heroes, by land and sea, may sink our oyster boats, rob our hen roosts, burn our negro huts, and run off. But a campaign or two more will relieve them from further trouble or expense in defending their American possessions.

You once gave me a copy of the journal of your campaign in Virginia, in 1781, which I must have lent to some one of the undertakers to write the history of the revolutionary war, and forgot to reclaim. I conclude this, because it is no longer among my papers, which I have very diligently searched for it, but in vain. An author of real ability is now writing that part of the history of Virginia. He does it in my neighborhood, and I lay open to him all my papers. But I possess none, nor has he any, which can enable him to do justice to your faithful and able services in that campaign. If you could be so good as to send me another copy, by the very first vessel bound to any port in the United States, it might be here in time; for although he expects to begin to print within a month or two, yet you know the delays of these undertakings. At any rate it might be got in as a supplement. The old Count Rochambeau gave me also his memoire of the operations at York, which is gone in the same way, and I have no means of applying to his family for it. Perhaps you could render them as well as us, the service of procuring another copy.

I learn, with real sorrow, the deaths of Monsieur and Madame de Tessé. They made an interesting part in the idle reveries in which I have sometimes indulged myself, of seeing all my friends of Paris once more, for a month or two; a thing impossible, which, however, I never permitted myself to despair of. The regrets, however, of seventy-three at the loss of friends, may be the less, as the time is shorter within which we are to meet again, according to the creed of our education.

This letter will be handed you by Mr. Ticknor, a young gentleman of Boston, of great erudition, indefatigable industry, and preparation for a life of distinction in his own country. He passed a few days with me here, brought high recommendations from Mr. Adams and others, and appeared in every respect to merit them. He is well worthy of those attentions which you so kindly bestow on our countrymen, and for those he may receive I shall join him in acknowledging personal obligations.

TO JAMES MADISON

j. mss.

Monticello, March 23, 1815

Dear Sir,

—I duly received your favor of the 12th, and with it the pamphlet on the causes and conduct of the war, which I now return. I have read it with great pleasure, but with irresistible desire that it should be published. The reasons in favor of this are strong, and those against it are so easily gotten over, that there appears to me no balance between them. 1. We need it in Europe. They have totally mistaken our character. Accustomed to rise at a feather themselves, and to be always fighting, they will see in our conduct, fairly stated, that acquiescence under wrong, to a certain degree, is wisdom, and not pusillanimity; and that peace and happiness are preferable to that false honor which, by eternal wars, keeps their people in eternal labor, want, and wretchedness. 2. It is necessary for the people of England, who have been deceived as to the causes and conduct of the war, and do not entertain a doubt, that it was entirely wanton and wicked on our part, and under the order of Bonaparte. By rectifying their ideas, it will tend to that conciliation which is absolutely necessary to the peace and prosperity of both nations. 3. It is necessary for our own people, who, although they have known the details as they went along, yet have been so plied with false facts and false views by the federalists, that some impression has been left that all has not been right. It may be said that it will be thought unfriendly. But truths necessary for our own character, must not be suppressed out of tenderness to its calumniators. Although written, generally, with great moderation, there may be some things in the pamphlet which may perhaps irritate. The characterizing every act, for example, by its appropriate epithet, is not necessary to show its deformity to an intelligent reader. The naked narrative will present it truly to his mind, and the more strongly, from its moderation, as he will perceive that no exaggeration is aimed at. Rubbing down these roughnesses, and they are neither many nor prominent, and preserving the original date, might, I think, remove all the offensiveness, and give more effect to the publication. Indeed, I think that a soothing postcript, addressed to the interests, the prospects, and the sober reason of both nations, would make it acceptable to both. The trifling expense of reprinting it ought not to be considered a moment. Mr. Gallatin could have it translated into French, and suffer it to get abroad in Europe without either avowal or disavowal. But it would be useful to print some copies of an appendix, containing all the documents referred to, to be preserved in libraries, and to facilitate to the present and future writers of history, the acquisition of the materials which test the truth it contains.

I sincerely congratulate you on the peace, and, more especially on the eclat with which the war was closed. The affair of New Orleans was fraught with useful lessons to ourselves, our enemies, and our friends, and will powerfully influence our future relations with the nations of Europe. It will show them we mean to take no part in their wars, and count no odds when engaged in our own. I presume that, having spared to the pride of England her formal acknowledgment of the atrocity of impressment in an article of the treaty, she will concur in a convention for relinquishing it. Without this, she must understand that the present is but a truce, determinable on the first act of impressment of an American citizen, committed by any officer of hers. Would it not be better that this convention should be a separate act, unconnected with any treaty of commerce, and made an indispensable preliminary to all other treaty? If blended with a treaty of commerce she will make it the price of injurious concessions. Indeed, we are infinitely better without such treaties with any nation. We cannot too distinctly detach ourselves from the European system, which is essentially belligerent, nor too sedulously cultivate an American system, essentially pacific. But if we go into commercial treaties at all, they should be with all, at the same time, with whom we have important commercial relations. France, Spain, Portugal, Holland, Denmark, Sweden, Russia, all should proceed pari passu. Our ministers marching in phalanx on the same line, and intercommunicating freely, each will be supported by the weight of the whole mass, and the facility with which the other nations will agree to equal terms of intercourse, will discountenance the selfish higglings of England, or justify our rejection of them. Perhaps, with all of them, it would be best to have but the single article gentis amicissimæ, leaving everything else to the usages and courtesies of civilized nations. But all these things will occur to yourself, with their counter-consideration.

Mr. Smith wrote to me on the transportation of the library, and, particularly, that it is submitted to your direction. He mentioned, also, that Dougherty would be engaged to superintend it. No one will more carefully and faithfully execute all those duties which would belong to a wagon master. But it requires a character acquainted with books, to receive the library. I am now employing as many hours of every day as my strength will permit, in arranging the books, and putting every one in its place on the shelves, corresponding with its order on the catalogue, and shall have them numbered correspondently. This operation will employ me a considerable time yet. Then I should wish a competent agent to attend, and, with the catalogue in his hand, see that every book is on the shelves, and have their lids nailed on, one by one, as he proceeds. This would take such a person about two days; after which, Dougherty’s business would be the mere mechanical removal, at convenience. I enclose you a letter from Mr. Milligan, offering his service, which would not cost more than eight or ten days’ reasonable compensation. This is necessary for my safety and your satisfaction, as a just caution for the public. You know that there are persons, both in and out of the public councils, who will seize every occasion of imputation on either of us, the more difficult to be repelled in this case, in which a negative could not be proved. If you approve of it, therefore, as soon as I am through the review, I will give notice to Mr. Milligan, or any other person you will name, to come on immediately. Indeed it would be well worth while to add to his duty, that of covering the books with a little paper, (the good bindings, at least,) and filling the vacancies of the presses with paper parings, to be brought from Washington. This would add little more to the time, as he could carry on both operations at once.

Accept the assurance of my constant and affectionate friendship and respect.

TO ALEXANDER J. DALLAS

(SECRETARY OF THE TREASURY.)

j. mss.

Monticello Apr. 18. 1815

Dear Sir,

—Your favor of Feb. 21. was received in due time. I thought it a duty to spare you the trouble of reading an useless answer, and have therefore delayed acknoleging it until now. Not having revised the library for many years, I expected that books would be missing without being able to conjecture how many, and that in that case a deduction should be made for the deficient volumes. I have gone through a rigorous review of them, and find indeed some missing, which were in the Catalogue, on which the estimate and price has been made; but that considerably more both in number and value had been omitted by oversight in copying that catalogue from the original one which was done two years ago. I have not thought it right to withdraw these from the library, so that the whole delivered exceeds on the principles of the estimate, the sum appropriated, and of course there is no ground for any deduction. The books being now all ready for delivery, and their removal actually commenced, I may with propriety now receive the payment. Entirely unacquainted as I am with the forms established at the treasury, for the security of the public I must only say what I wish, and so far as it may be inconsistent with the necessary forms, you will have the goodness to correct me and inform me what is necessary. If my convenience can be so far consulted, I would request payments to be made

Dollars
To William Short of Philadelphia of10,500In bills of such of the specified denominations & places of paiment as they shall chuse
To John Barnes of Georgetown of4,870
To myself8,580To be inclosed to me by mail.
23,950

In 82. notes of 100. D. each and 19. of 20. D. each, payable in Richmond, for which last sum I inclose my receipt, and I forward to Mr. Short and Mr. Barnes orders on the Treasurer for the sums to be paid them for which they will give acquittals. Should these papers be deficient in form, I will, at a moment’s warning send on any others in whatever form shall be necessary. Should it be requisite that the whole should be payable at one and the same place, then Washington would be the most convenient for the whole. As I wait only the completion of the delivery of all the books to set out on a journey of considerable absence and urgency, it would be a great favor to me if the sum which I ask to be remitted to myself, could be sent by as early a mail as the convenience of the Treasury will admit. I pray you to accept my friendly and respectful salutations.

TO DAVID BARROW

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Monticello, May 1, 1815

Sir,

—I have duly received your favor of March 20th, and am truly thankful for the favorable sentiments expressed in it towards myself. If, in the course of my life, it has been in any degree useful to the cause of humanity, the fact itself bears its full reward. The particular subject of the pamphlet you enclosed me was one of early and tender consideration with me, and had I continued in the councils of my own State, it should never have been out of sight. The only practicable plan I could ever devise is stated under the 14th quaere of the Notes on Virginia, and it is still the one most sound in my judgment. Unhappily it is a case for which both parties require long and difficult preparation. The mind of the master is to be apprized by reflection, and strengthened by the energies of conscience, against the obstacles of self interest to an acquiescence in the rights of others; that of the slave is to be prepared by instruction and habit for self government, and for the honest pursuits of industry and social duty. Both of these courses of preparation require time, and the former must precede the latter. Some progress is sensibly made in it; yet not so much as I had hoped and expected. But it will yield in time to temperate and steady pursuit, to the enlargement of the human mind, and its advancement in science. We are not in a world ungoverned by the laws and the power of a superior agent. Our efforts are in his hand, and directed by it; and he will give them their effect in his own time. Where the disease is most deeply seated, there it will be slowest in eradication. In the northern States it was merely superficial, and easily corrected. In the southern it is incorporated with the whole system, and requires time, patience, and perseverance in the curative process. That it may finally be effected, and its progress hastened, will be the last and fondest prayer of him who now salutes you with respect and consideration.

TO W. H. TORRANCE

j. mss.

Monticello, June 11, 1815

Sir,

—I received a few days ago your favor of May 5th, stating a question on a law of the State of Georgia which suspends judgments for a limited time, and asking my opinion whether it may be valid under the inhibition of our constitution to pass laws impairing the obligations of contracts. It is more than forty years since I have quitted the practice of the law, and been engaged in vocations which furnished little occasion of preserving a familiarity with that science. I am far, therefore, from being qualified to decide on the problems it presents, and certainly not disposed to obtrude in a case where gentlemen have been consulted of the first qualifications, and of actual and daily familiarity with the subject, especially too in a question on the law of another State. We have in this State a law resembling in some degree that you quote, suspending executions until a year after the treaty of peace; but no question under it has been raised before the courts. It is also, I believe, expected that when this shall expire, in consideration of the absolute impossibility of procuring coin to satisfy judgments, a law will be passed, similar to that passed in England, on suspending the cash payments of their bank, that provided that on refusal by a party to receive notes of the Bank of England in any case either of past or future contracts, the judgment should be suspended during the continuance of that act, bearing, however, legal interest. They seemed to consider that it was not this law which changed the conditions of the contract, but the circumstances which had arisen, and had rendered its literal execution impossible; by the disappearance of the metallic medium stipulated by the contract, that the parties not concurring in a reasonable and just accommodation, it became the duty of the legislature to arbitrate between them; and that less restrained than the Duke of Venice by the letter of decree, they were free to adjudge to Shylock a reasonable equivalent. And I believe that in our States this umpirage of the legislatures has been generally interposed in cases where a literal execution of contract has, by a change of circumstances, become impossible, or, if enforced, would produce a disproportion between the subject of the contract and its price, which the parties did not contemplate at the time of the contract.

The second question, whether the judges are invested with exclusive authority to decide on the constitutionality of a law, has been heretofore a subject of consideration with me in the exercise of official duties. Certainly there is not a word in the constitution which has given that power to them more than to the executive or legislative branches. Questions of property, of character and of crime being ascribed to the judges, through a definite course of legal proceeding, laws involving such questions belong, of course, to them; and as they decide on them ultimately and without appeal, they of course decide for themselves. The constitutional validity of the law or laws again prescribing executive action, and to be administered by that branch ultimately and without appeal, the executive must decide for themselves also, whether, under the constitution, they are valid or not. So also as to laws governing the proceedings of the legislature, that body must judge for itself the constitutionality of the law, and equally without appeal or control from its co-ordinate branches. And, in general, that branch which is to act ultimately, and without appeal, on any law, is the rightful expositor of the validity of the law, uncontrolled by the opinions of the other co-ordinate authorities. It may be said that contradictory decisions may arise in such case, and produce inconvenience. This is possible, and is a necessary failing in all human proceedings. Yet the prudence of the public functionaries, and authority of public opinion, will generally produce accommodation. Such an instance of difference occurred between the judges of England (in the time of Lord Holt) and the House of Commons, but the prudence of those bodies prevented inconvenience from it. So in the cases of Duane and of William Smith of South Carolina, whose characters of citizenship stood precisely on the same ground, the judges in a question of meum and tuum which came before them, decided that Duane was not a citizen; and in a question of membership, the House of Representatives, under the same words of the same provision, adjudged William Smith to be a citizen. Yet no inconvenience has ensued from these contradictory decisions. This is what I believe myself to be sound. But there is another opinion entertained by some men of such judgment and information as to lessen my confidence in my own. That is, that the legislature alone is the exclusive expounder of the sense of the constitution, in every part of it whatever. And they allege in its support, that this branch has authority to impeach and punish a member of either of the others acting contrary to its declaration of the sense of the constitution. It may indeed be answered, that an act may still be valid although the party is punished for it, right or wrong. However, this opinion which ascribes exclusive exposition to the legislature, merits respect for its safety, there being in the body of the nation a control over them, which, if expressed by rejection on the subsequent exercise of their elective franchise, enlists public opinion against their exposition, and encourages a judge or executive on a future occasion to adhere to their former opinion. Between these two doctrines, every one has a right to choose, and I know of no third meriting any respect.

I have thus, Sir, frankly, without the honor of your acquaintance, confided to you my opinion; trusting assuredly that no use will be made of it which shall commit me to the contentions of the newspapers. From that field of disquietude my age asks exemption, and permission to enjoy the privileged tranquility of a private and unmeddling citizen. In this confidence accept the assurances of my respect and consideration.

TO THOMAS LEIPER

j. mss.

Monticello, June 12, 1815

Dear Sir,

—A journey soon after the receipt of your favor of April the 17th, and an absence from home of some continuance, have prevented my earlier acknowledgment of it. In that came safely my letter of January the 2d, 1814. In our principles of government we differ not at all; nor in the general object and tenor of political measures. We concur in considering the government of England as totally without morality, insolent beyond bearing, inflated with vanity and ambition, aiming at the exclusive dominion of the sea, lost in corruption, of deep-rooted hatred towards us, hostile to liberty wherever it endeavors to show its head, and the eternal disturber of the peace of the world. In our estimate of Bonaparte, I suspect we differ. I view him as a political engine only, and a very wicked one; you, I believe, as both political and religious, and obeying, as an instrument, an unseen hand. I still deprecate his becoming sole lord of the continent of Europe, which he would have been, had he reached in triumph the gates of St. Petersburg. The establishment in our day of another Roman empire, spreading vassalage and depravity over the face of the globe, is not, I hope, within the purposes of Heaven. Nor does the return of Bonaparte give me pleasure unmixed; I see in his expulsion of the Bourbons, a valuable lesson to the world, as showing that its ancient dynasties may be changed for their misrule. Should the allied powers presume to dictate a ruler and government to France, and follow the example he had set of parcelling and usurping to themselves their neighbor nations, I hope he will give them another lesson in vindication of the rights of independence and self-government, which himself had heretofore so much abused, and that in this contest he will wear down the maritime power of England to limitable and safe dimensions. So far, good. It cannot be denied, on the other hand, that his successful perversion of the force (committed to him for vindicating the rights and liberties of his country) to usurp its government, and to enchain it under an hereditary despotism, is of baneful effect in encouraging future usurpations, and deterring those under oppression from rising to redress themselves. His restless spirit leaves no hope of peace to the world; and his hatred of us is only a little less than that he bears to England, and England to us. Our form of government is odious to him, as a standing contrast between republican and despotic rule; and as much from that hatred, as from ignorance in political economy, he had excluded intercourse between us and his people, by prohibiting the only articles they wanted from us, that is, cotton and tobacco. Whether the war we have had with England, and the achievements of that war, and the hope that we may become his instruments and partisans against that enemy, may induce him, in future, to tolerate our commercial intercourse with his people, is still to be seen. For my part, I wish that all nations may recover and retain their independence; that those which are overgrown may not advance beyond safe measures of power, that a salutary balance may be ever maintained among nations, and that our peace, commerce, and friendship, may be sought and cultivated by all. It is our business to manufacture for ourselves whatever we can, to keep our markets open for what we can spare or want; and the less we have to do with the amities or enmities of Europe, the better. Not in our day, but at no distant one, we may shake a rod over the heads of all, which may make the stoutest of them tremble. But I hope our wisdom will grow with our power, and teach us, that the less we use our power, the greater it will be.

The federal misrepresentation of my sentiments, which occasioned my former letter to you, was gross enough; but that and all others are exceeded by the impudence and falsehood of the printed extract you sent me from Ralph’s paper. That a continuance of the embargo for two months longer would have prevented our war; that the non-importation law which succeeded it was a wise and powerful measure, I have constantly maintained. My friendship for Mr. Madison, my confidence in his wisdom and virtue, and my approbation of all his measures, and especially of his taking up at length the gauntlet against England, is known to all with whom I have ever conversed or corresponded on these measures. The word federal, or its synonym lie, may therefore be written under every word of Mr. Ralph’s paragraph. I have ransacked my memory to recollect any incident which might have given countenance to any particle of it, but I find none. For if you will except the bringing into power and importance those who were enemies to himself as well as to the principles of republican government, I do not recollect a single measure of the President which I have not approved. Of those under him, and of some very near him, there have been many acts of which we have all disapproved, and he more than we. We have at times dissented from the measures, and lamented the dilatoriness of Congress. I recollect an instance the first winter of the war, when, from sloth of proceedings, an embargo was permitted to run through the winter, while the enemy could not cruise, nor consequently restrain the exportation of our whole produce, and was taken off in the spring, as soon as they could resume their stations. But this procrastination is unavoidable. How can expedition be expected from a body which we have saddled with an hundred lawyers, whose trade is talking? But lies, to sow division among us, is so stale an artifice of the federal prints, and are so well understood, that they need neither contradiction nor explanation. As to myself, my confidence in the wisdom and integrity of the administration is so entire, that I scarcely notice what is passing, and have almost ceased to read newspapers. Mine remain in our post office a week or ten days, sometimes, unasked for. I find more amusement in studies to which I was always more attached, and from which I was dragged by the events of the times in which I have happened to live.

TO PHILLIP MAZZEI

j. mss.

Monticello Aug. 9 15

My dear Friend,

—Your letter of Sep. 24. came inclosed to me in one of Octob. 20. from Mr. Warden, which did not get to my hands until the 15th of the last month. How the present answer will get to you I do not yet know but I shall confide it to the Secretary of State, to be forwarded with his despatches either to Paris or Leghorn.

My letter of Dc. 29. 13. stated to you the circumstances, both here and abroad, which rendered a remittance of the price of your lots impracticable. The money might have been invested in the government loans, but the principal would then have been payable only at the end of a long term of years. It might have been vested in the stock of some of our banks; but besides their daily fluctuations in value the banks had indulged themselves in such extravagant emissions of their paper notes that it was obvious they must be on the verge of bankruptcy; and accordingly, within a very few months every bank in the US. stopt the payment of cash for their own notes, have never since resumed it, and everyone is satisfied they never can pay them. So that with all the indulgencies of time which has been given them their insolvency is notorious. There remained then only the resource of placing it on interest in private hands. This the circumstances of the country rendered impracticable but in the usual way of repaiments by annual instalments. We were then under the blockade of the enemy, and an embargo of our own, the sale of produce was as absolutely null, as you remember it in the revolutionary war, and the prospect of peace thought to be distant. Under these difficulties therefore I really thought it safest for you to retain the price in my own hands, stating at the same time in my letter of Dec. 19. 13. that the sum being considerable, it’s repayment would require a delay of one or two years from the time you should give notice that you preferred placing it there rather than here. The distressing injury which every individual sustained during the war by the entire loss of the produce of their farms for want of a market, the expences of the war, and great advance of price on all foreign articles, have left us in so exhausted a state, that immediate paiments are known to be impossible. I am sorry therefore, my dear friend, that the remittances must of necessity be delayed so much beyond your wish; and that you must make up your account to receive one moiety only the next year, and the other the year after, according to the former advice. This you may count on; and if bills on London will be negociable with you, that mode will be without difficulty. Through Paris it would not be so easy. We are ignorant with which of these powers you now have either peace or war.

Our commissioners in London are endeavouring by a convention with England to put an end to their impressment of our seamen. If they succeed it is probable we may continue in peace. All things here are going on quietly, except that we are in a great crisis as to our circulating medium. A parcel of mushroom banks have set up in every state, have filled the country with their notes, and have thereby banished all our specie. A twelvemonth ago they all declared they could not pay cash for their own notes, and notwithstanding this act of bankruptcy, this trash has of necessity been passing among us, because we have no other medium of exchange, and is still taken and passed from hand to hand, as you remember the old continental money to have been in the revolutionary war; every one getting rid of it as quickly as he can, by laying it out in property of any sort at double, treble and manifold higher prices. It was this which procured the extravagant price for your lots, and in this paper the payment was made. A general crush is daily expected when this trash will be lost in the hands of the holders. This will take place the moment some specie returns among us, or so soon as the government will issue bills of circulation. The little they have issued is greatly sought after, and a premium given for them which is rising fast.

In Europe you are all at war again. No man more severely condemned Bonaparte than myself during his former career, for his unprincipled enterprises on the liberty of his own country, and the independence of others. But the allies having now taken up his pursuits, and he arrayed himself on the legitimate side, I also am changed as to him. He is now fighting for the independance of nations, of which his whole life hitherto had been a continued violation, and he has now my prayers as sincerely for success as he had before for his overthrow. He has promised a free government to his own country, and to respect the rights of others; and altho’ his former conduct does not inspire entire faith in his promises; yet we had better take the chance of his word for doing right, than the certainty of the wrong which his adversaries avow.

My health continues firm; and I am sorry to learn that yours is not good. But your prudence and temperance may yet give you many years, and that they may be years of health and happiness is the sincere prayer of yours ever affectionately.

TO JOHN ADAMS

j. mss.

Monticello, August 10, 1815

Dear Sir,

—The simultaneous movements in our correspondence have been remarkable on several occasions. It would seem as if the state of the air, or state of the times, or some other unknown cause, produced a sympathetic effect on our mutual recollections. I had sat down to answer your letters of June the 19th, 20th and 22d, with pen, ink and paper before me, when I received from our mail that of July the 30th. You ask information on the subject of Camus. All I recollect of him is, that he was one of the deputies sent to arrest Dumourier at the head of his army, who were, however, themselves arrested by Dumourier, and long detained as prisoners. I presume, therefore, he was a Jacobin. You will find his character in the most excellent revolutionary history of Toulongeon. I believe, also, he may be the same person who has given us a translation of Aristotle’s Natural History, from the Greek into French. Of his report to the National Institute on the subject of the Bollandists, your letter gives me the first information. I had supposed them defunct with the society of Jesuits, of which they were; and that their works, although above ground, were, from their bulk and insignificance, as effectually entombed on their shelves, as if in the graves of their authors. Fifty-two volumes in folio, of the acta sanctorum, in dog-Latin, would be a formidable enterprise to the most laborious German. I expect, with you, they are the most enormous mass of lies, frauds, hypocrisy and imposture, that was ever heaped together on this globe. By what chemical process M. Camus supposed that an extract of truth could be obtained from such a farrago of falsehood, I must leave to the chemists and moralists of the age to divine.

On the subject of the history of the American Revolution, you ask who shall write it? Who can write it? And who will ever be able to write it? Nobody; except merely its external facts; all its councils, designs and discussions having been conducted by Congress with closed doors, and no members, as far as I know, having even made notes of them. These, which are the life and soul of history, must forever be unknown. Botta, as you observe, has put his own speculations and reasonings into the mouths of persons whom he names, but who, you and I know, never made such speeches. In this he has followed the example of the ancients, who made their great men deliver long speeches, all of them in the same style, and in that of the author himself. The work is nevertheless a good one, more judicious, more chaste, more classical, and more true than the party diatribe of Marshall. Its greatest fault is in having taken too much from him. I possessed the work, and often recurred to considerable portions of it, although I never read it through. But a very judicious and well-informed neighbor of mine went through it with great attention, and spoke very highly of it. I have said that no member of the old Congress, as far as I knew, made notes of the discussion. I did not know of the speeches you mention of Dickinson and Witherspoon. But on the questions of Independence, and on the two articles of Confederation respecting taxes and votings, I took minutes of the heads of the arguments. On the first, I threw all into one mass, without ascribing to the speakers their respective arguments; pretty much in the manner of Hume’s summary digests of the reasonings in parliament for and against a measure. On the last, I stated the heads of the arguments used by each speaker. But the whole of my notes on the question of Independence does not occupy more than five pages, such as of this letter; and on the other questions, two such sheets. They have never been communicated to any one. Do you know that there exists in manuscript the ablest work of this kind ever yet executed, of the debates of the constitutional convention of Philadelphia in 1788? The whole of everything said and done there was taken down by Mr. Madison, with a labor and exactness beyond comprehension.

I presume that our correspondence has been observed at the post offices, and thus has attracted notice. Would you believe, that a printer has had the effrontery to propose to me the letting him publish it? These people think they have a right to everything, however secret or sacred. I had not before heard of the Boston pamphlet with Priestley’s letters and mine.

At length Bonaparte has got on the right side of a question. From the time of his entering the legislative hall to his retreat to Elba, no man has execrated him more than myself. I will not except even the members of the Essex Junto; although for very different reasons; I, because he was warring against the liberty of his own country, and independence of others; they, because he was the enemy of England, the Pope, and the Inquisition. But at length, and as far as we can judge, he seems to have become the choice of his nation. At least, he is defending the cause of his nation, and that of all mankind, the rights of every people to independence and self-government. He and the allies have now changed sides. They are parcelling out among themselves Poland, Belgium, Saxony, Italy, dictating a ruler and government to France, and looking askance at our republic, the splendid libel on their governments, and he is fighting for the principles of national independence, of which his whole life hitherto has been a continued violation. He has promised a free government to his own country, and to respect the rights of others; and although his former conduct inspires little confidence in his promises, yet we had better take the chance of his word for doing right, than the certainty of the wrong which his adversaries are doing and avowing. If they succeed, ours is only the boon of the Cyclops to Ulysses, of being the last devoured.

Present me affectionately and respectfully to Mrs. Adams, and Heaven give you both as much more of life as you wish, and bless it with health and happiness.

P. S. August the 11th.—I had finished my letter yesterday, and this morning receive the news of Bonaparte’s second abdication. Very well. For him personally, I have no feeling but reprobation. The representatives of the nation have deposed him. They have taken the allies at their word, that they had no object in the war but his removal. The nation is now free to give itself a good government, either with or without a Bourbon; and France unsubdued, will still be a bridle on the enterprises of the combined powers, and a bulwark to others.

TO SPENCER ROANE

j. mss.

Monticello, October 12, 1815

Dear Sir,

—I received in a letter from Colonel Monroe the enclosed paper communicated, as he said, with your permission, and even with a wish to know my sentiments on the important question it discusses. It is now more than forty years since I have ceased to be habitually conversant with legal questions; and my pursuits through that period have seldom required or permitted a renewal of my former familiarity with them. My ideas at present, therefore, on such questions, have no claim to respect but such as might be yielded to the common auditors of a law argument.

I well knew that in certain federal cases the laws of the United States had given to a foreign party, whether plaintiff or defendant, a right to carry his cause into the federal court; but I did not know that where he had himself elected the State judicature, he could, after an unfavorable decision there, remove his case to the federal court, and thus take the benefit of two chances where others have but one; nor that the right of entertaining the question in this case had been exercised or claimed by the federal judiciary after it had been postponed on the party’s first election. His failure, too, to place on the record the particular ground which might give jurisdiction to the federal court, appears to me an additional objection of great weight. The question is of the first importance. The removal of it seems to be out of the analogies which guide the two governments on their separate tracts, and claims the solemn attention of both judicatures, and of the nation itself. I should fear to make up a final opinion on it, until I could see as able a development of the grounds of the federal claim as that which I have now read against it. I confess myself unable to foresee what those grounds would be. The paper enclosed must call them forth, and silence them too, unless they are beyond my ken. I am glad, therefore, that the claim is arrested, and made the subject of special and mature deliberation. I hope our courts will never countenance the sweeping pretensions which have been set up under the words “general defence and public welfare.” These words only express the motives which induced the Convention to give to the ordinary legislature certain specified powers which they enumerate, and which they thought might be trusted to the ordinary legislature, and not to give them the unspecified also; or why any specification? They could not be so awkward in language as to mean, as we say, “all and some.” And should this construction prevail, all limits to the federal government are done away. This opinion, formed on the first rise of the question, I have never seen reason to change, whether in or out of power; but, on the contrary, find it strengthened and confirmed by five and twenty years of additional reflection and experience: and any countenance given to it by any regular organ of the government, I should consider more ominous than anything which has yet occurred.

I am sensible how much these slight observations, on a question which you have so profoundly considered, need apology. They must find this in my zeal for the administration of our government according to its true spirit, federal as well as republican, and in my respect for any wish which you might be supposed to entertain for opinions of so little value. I salute you with sincere and high respect and esteem.

TO DR. BENJAMIN WATERHOUSE

j. mss.

Monticello Oct. 13. 15

Dear Sir,

—I was highly gratified with the receipt of your letter of Sep. 1. by Genl. and Mrs. Dearborne; and by the evidence it furnished me of your bearing up with firmness and perseverance against the persecutions of your enemies, religious, political and professional. These last I suppose have not yet forgiven you the introduction of vaccination and annihilation of the great variolous field of profit to them; and none of them pardon the proof you have established that the condition of man may be meliorated, if not infinitely, as enthusiasm alone pretends, yet indefinitely, as bigots alone can doubt. In lieu of these enmities you have the blessings of all the friends of human happiness, for this great peril from which they are rescued.

I have read with pleasure the orations of Mr. Holmes & Mr. Austin. From the former we always expect what is good; and the latter has by this specimen taught us to expect the same in future from him. Both have set the valuable example of quitting the beaten ground of the revolutionary war, and making the present state of things the subject of annual animadversion and instruction. A copious one it will be and highly useful if properly improved. Cobbet’s address would of itself have mortified and humbled the Cossac priests; but brother Jonathan has pointed his arrow to the hearts of the worst of them. These reverend leaders of the Hartford nation it seems then are now falling together about religion, of which they have not one real principle in their hearts. Like bawds, religion becomes to them a refuge from the despair of their loathsome vices. They seek in it only an oblivion of the disgrace with which they have loaded themselves, in their political ravings, and of their mortification at the ridiculous issue of their Hartford convention. No event, more than this, has shewn the placid character of our constitution. Under any other their treasons would have been punished by the halter. We let them live as laughing stocks for the world, and punish them by the torment of eternal contempt. The emigrations you mention from the Eastern states are what I have long counted on. The religious & political tyranny of those in power with you, cannot fail to drive the oppressed to milder associations of men, where freedom of mind is allowed in fact as well as in pretence. The subject of their present clawings and caterwaulings is not without it’s interest to rational men. The priests have so disfigured the simple religion of Jesus that no one who reads the sophistications they have engrafted on it, from the jargon of Plato, of Aristotle & other mystics, would conceive these could have been fathered on the sublime preacher of the sermon on the mount. Yet, knowing the importance of names they have assumed that of Christians, while they are mere Platonists, or any thing rather than disciples of Jesus. One of these parties beginning now to strip off these meretricious trappings their followers may take courage to make thorough work, and restore to us the figure in it’s original simplicity and beauty. The effects of this squabble therefore, whether religious or political, cannot fail to be good in some way.

The visit to Monticello, of which you hold up an idea, would be a favor indeed of the first order. I know however the obstacles of age & distance and should therefore set due value on it’s vicarious execution, should business or curiosity lead a son of yours to visit this Sodom and Gomorrah of parsons Osgood, Parish & Gardiner. Accept my wishes for your health and happiness, and the assurance of my great esteem & respect.