Chapter XXIII: Part III: Continued (22)

From these examples and principles you may see what I think on the question proposed. They do not go to the case of persons charged with petty duties, where consequences are trifling, and time allowed for a legal course, nor to authorize them to take such cases out of the written law. In these, the example of overleaping the law is of greater evil than a strict adherence to its imperfect provisions. It is incumbent on those only who accept of great charges, to risk themselves on great occasions, when the safety of the nation, or some of its very high interests are at stake. An officer is bound to obey orders; yet he would be a bad one who should do it in cases for which they were not intended, and which involved the most important consequences. The line of discrimination between cases may be difficult; but the good officer is bound to draw it at his own peril, and throw himself on the justice of his country and the rectitude of his motives.

I have indulged freer views on this question, on your assurances that they are for your own eye only, and that they will not get into the hands of newswriters. I met their scurrilities without concern, while in pursuit of the great interests with which I was charged. But in my present retirement, no duty forbids my wish for quiet.

Accept the assurances of my esteem and respect.

TO THE SECRETARY OF STATE.

MONTICELLO, September 22, 1810.

DEAR SIR,--I have wanted the occasion of the present enclosure to perform the duty of my thanks for the kind communication of papers from your office in the question between Livingston and myself. These have mainly enabled me to give a correct statement of facts. I deferred proceeding to a particular consideration of the case in hopes of the aid of Moreau's Memoire, which I have understood to be the ablest which has been written. But I was at length forced to proceed without it, my counsel informing me they were ruled to plead, and must therefore know the grounds of defence. You will see what I have made of it by the enclosed, which I forward in the hope you will consider and correct it. I have done this the rather because I presume all my fellow laborers feel an interest in what all approved, and because I think I should urge nothing which they disapprove. Will you then do me the favor to put on paper such corrections as you would advise, and forward them to me, handing on the enclosed paper at the same time to Mr. Rodney? I wrote him by this post that he may expect it from you, and I ask the same favor of correction from him, and above all to delay as little as possible, because time presses to give to this paper its ultimate form. My counsel press me earnestly not to let the topics of defence get out, so as to be known to the adversary. Although I know Congress will be strongly urged, yet I hope they will take no measure which may impress a jury unfavorably, by inferences not intended. And were the case to be thought to belong to the public, still I believe it better they should let it come on, on the footing of a private action. I pray you to be assured of my constant affection and respect.

September 26th. Sent a P. S. verbatim, the same as that to Mr. Rodney.

TO THE ATTORNEY GENERAL OF THE UNITED STATES.

MONTICELLO, September 25, 1810.

DEAR SIR,--I have to thank you for your kind letter of June 8th, and the suggestions it furnished on the question whether Livingston could maintain an action in Richmond for a trespass committed in Orleans. This being a question of common law, I leave it to my counsel so much more recent than I am in that branch of law. I have undertaken to furnish them with the grounds of my defence under the _lex loci_. I wished for the aid of Moreau's Memoire because it is understood to be the ablest of any. However, my counsel being ruled to plead, and pressing me for the grounds of defence, I proceeded to consider the case, meaning at first only an outline, but I got insensibly into the full discussion, which became very voluminous, and the more so as it was necessary not only to enter all the authorities at large in the text, because few possess them, but also translations of them, because all do not understand all the languages in which they are. Believing my late associates in the executive would feel an interest in the justification of a conduct in which all concurred, and also in the issue of it, I have thought it a duty to consult them as to the grounds to be taken, and to take none against their advice. My statement has therefore been submitted to the President, Mr. Smith and Mr. Gallatin, and will be forwarded to you by Mr. Smith as soon as he shall have read it. I have to request your consideration and corrections of it, and that you will be so good as to furnish them on a separate paper. I am obliged also to ask an immediate attention to them, because time presses to give to this paper its ultimate shape, to plead, and collect the evidence. Its early return to me therefore is urging. I do not know whether my counsel (Hay, Wist and Tazewell) have pleaded to the jurisdiction. * * * * * The death of Cushing is opportune, as it gives an opening for at length getting a republican majority on the supreme bench. Ten years has the anti-civism of that body been bidding defiance to the spirit of the whole nation, after they had manifested their will by reforming every other branch of the government. I trust the occasion will not be lost; Bidwell's disgrace withdraws the ablest man of the section in which Cushing's successor must be named. The pure integrity, unimpeachable conduct, talents and republican firmness of Lincoln, leave him now, I think, without a rival. He is thought not an able common lawyer. But there is not and never was an able one in the New England States. Their system is _sui generis_, in which the _common_ law is little attended to. Lincoln is one of the ablest in their system, and it is among them he is to execute the great portion of his duties. Nothing is more material than to complete the reformation of the government by this appointment, which may truly be said to be putting the keystone into the arch. In my statement of the law of Livingston's case, I do not pretend to consider every argument as perfectly sound. I have, as is usual, availed myself of some views, which may have a weight with others which they have not with me. I have no right to assume infallibility, and I present them, therefore, _ut valcant ubi possint_. Accept the assurances of my constant and affectionate esteem.

P. S., September 26. In my letter of yesterday, I have omitted to observe, with respect to the arrangement of materials in the paper it speaks of, that it is not such as counsel would employ in pleading a cause. It was determined by other considerations. I thought it very possible the case might be dismissed out of court by a plea to the jurisdiction. I determined, on this event, to lay it before the public, either directly or through Congress. Respect for my associates, for myself, for our nation, would not permit me to come forward, as a criminal under accusation, to plead and argue a cause. This was not my situation. This would naturally be by way of narrative or statement of the facts in their order of time, establishing these facts as they occur, and bringing forward the law arising on them, and pointing to the Executive the course he was to pursue. I supposed it more dignified to present it as a history and explanation of what had taken place. It does not, indeed, in that form, display the subject in one great whole, but it brings forward successively a number of questions, solving themselves as they arise, and leaving no one unexamined. And the mind, after travelling over the whole case, and finding as it goes along that all has been considered and all is right, rests in that state of satisfaction which it is our object to produce. In truth, I have never known a case which presented so many distinct questions, having no dependence on one another, nor belonging even to the same branches of jurisprudence.

TO MR. GALLATIN.

MONTICELLO, September 27, 1810.

DEAR SIR,--Yours of the 10th came safely to hand, and laid me under new obligations for the valuable observations it contained. The error of twelve feet instead of seven, for the rise of the batture, really _sautoit aux yeux_, and how I could have committed it at first, or passed it over afterwards without discovery, and having copied Pelletier's plan myself, is unaccountable. I have adopted also most of your other corrections. You observe that the arguments proving the batture public, yet prove it of such a character that it could not be within the scope of the law of March 4th, against squatters. I should so adjudge myself; yet I observe many opinions otherwise, and in defence against a spadassin, it is lawful to use all weapons. Besides, I have no pretensions to be exclusively the judge of what arguments are sound and what not. I give them, therefore, that they may weigh with those who think they have weight and have a right to decide for themselves. That act of Congress, moreover, was evidently respected, particularly in the order under which the removal was made.

With respect to the arrangement of materials in my statement, I know it is not such as counsel would employ in pleading such a cause; it is not such as I would have made myself in that character; it was determined by other considerations. I thought it possible the case might be dismissed out of court by a plea to the jurisdiction. I determined, on this event, to lay it before the public, either directly or through Congress. Respect for my associates, for myself, for our nation, would not permit me to come forward, as a criminal under accusation, to plead and argue a cause. This was not my situation. I had only to state to my constituents a common transaction. This would naturally be by way of narrative or statement of the facts, in their order of time, establishing these facts as they occur, and bringing forward the law arising on them and pointing to the Executive the course he was to pursue. I suppose it more self-respectful to present it as a history and explanation of what had taken place. It does not, indeed, in that form, display the subject in one great whole, but it brings forward successively a number of questions, solving themselves as they arise, and leaving no one unexamined. And the mind, after travelling over the whole case, and finding as it goes along that all has been considered, and all is right, rests in that state of satisfaction which it is our object to produce. In truth, I have never known a case which presented so many distinct questions, having no dependence on one another, nor belonging even to the same branches of jurisprudence. After all, I offer this as explanation, not justification of the order adopted.

* * * * *

At length, then, we have a chance of getting a republican majority in the Supreme Judiciary. For ten years has that branch braved the spirit and will of the nation, after the nation had manifested its will by a complete reform in every branch depending on them. The event is a fortunate one, and so timed as to be a God-send to me. I am sure its importance to the nation will be felt, and the occasion employed to complete the great operation they have so long been executing, by the appointment of a decided republican, with nothing equivocal about him. But who will it be? The misfortune of Bidwell removes an able man from the competition. Can any other bring equal qualifications to those of Lincoln? I know he was not deemed a profound common lawyer; but was there ever a profound common lawyer known in any of the Eastern States? There never was, nor never can be one from those States. The basis of their law is neither common nor civil; it is an original, if any compound can so be called. Its foundation seems to have been laid in the spirit and principles of Jewish law, incorporated with some words and phrases of common law, and an abundance of notions of their own. This makes an _amalgam sui generis_, and it is well known that a man, first and thoroughly initiated into the principles of one system of law, can never become pure and sound in any other. Lord Mansfield was a splendid proof of this. Therefore, I say, there never was, nor can be a profound common lawyer from those States. Sullivan had the reputation of preëminence there as a common lawyer. But we have his history of land titles, which gives us his measure. Mr. Lincoln is, I believe, considered as learned in their laws as any one they have. Federalists say that Parsons is better. But the criticalness of the present nomination puts him out of question. As the great mass of the functions of the new judge are to be performed in his own district, Lincoln will be most unexceptionable and acceptable there; and on the supreme bench equal to any one who can be brought from thence; add to this his integrity, political firmness and unimpeachable character, and I believe no one can be found to whom there will not be more serious objections.

You seem to think it would be best to ascertain the probable result before making a proposition to Congress to defend Livingston's suit. On mature consideration I think it better that no such proposition should be made. The debates there would fix the case as a party one, and we are the minority in the judiciary department, and especially in the federal branch of it here. Till Congress can be thoroughly put in possession of all the points in the case, it is best they should let it lie. Livingston, by removing it into the Judiciary, has fairly relinquished all claims on their interference. I am confident that Congress will act soundly, whenever we can give them a knowledge of the whole case. But I tire you with this business, and end therefore with repeating assurances of my constant attachment and respect.

TO CAPTAIN ISAAC HILLARD.

MONTICELLO, October 9, 1810.

SIR,--I duly received your letter of September 10th, and return you thanks for that and the pamphlet you were so kind as to enclose me. The health you enjoy at so good an old age, and the strength of mind evidenced in your pamphlet, are subjects of congratulation to yourself and of thankfulness to him who gives them. I am sorry that a professor of religion should have given occasion for such a censure. It proves he has much to conquer in his own uncharitableness, and that it is not from him his flock are to learn not to bear false witness against their neighbor. But as to so much of his pulpit philippic as concerns myself I freely forgive him; for I feel no falsehood and fear no truth. That you may long continue to enjoy health, happiness and a sound mind, is my sincere prayer.

TO COLONEL DUANE.

MONTICELLO, November 13, 1810.

DEAR SIR,--Your third packet is received before the second had been returned. It is now enclosed, and the other shall go by the next post. I find, as before, nothing to correct but those errors of the copyist which you would have corrected yourself before committed to the press. If it were practicable to send me the original sheets with the translated, perhaps my equal familiarity with both languages might enable me sometimes to be of some advantage; but I presume that might be difficult, and of little use, scarcely perhaps of any. I thank you for the copy of Williams. I have barely dipped into it a little. Enough, however, to see he is far short of the luminous work you are printing. Indeed I think that the most valuable work of the present age. I received from Williams, some years ago, his book on the claims of authors. I found him to be a man of sound and true principles, but not knowing how to go at them, and not able to trace or develop them for others. I believe with you that the crisis of England is come. What will be its issue it is vain to prophesy; so many thousand contingencies may turn up to affect its direction. Were I to hazard a guess, it would be that they will become a military despotism. Their recollections of the portion of liberty they have enjoyed will render force necessary to retain them under pure monarchy. Their pressure upon us has been so severe and so unprincipled, that we cannot deprecate their fate, though we might wish to see their naval power kept up to the level of that of the other principal powers separately taken. But may it not take a very different turn? Her paper credit annihilated, the precious metals must become her circulating medium. The taxes which can be levied on her people in these will be trifling in comparison with what they could pay in paper money; her navy then will be unpaid, unclothed, unfed. Will such a body of men suffer themselves to be dismissed and to starve? Will they not mutiny, revolt, embody themselves under a popular Admiral, take possession of Western and Bermuda islands, and act on the Algerine system? If they should not be able to act on this broad scale, they will become individual pirates; and the modern Carthage will end as the old one has done. I am sorry for her people, who are individually as respectable as those of other nations--it is her government which is so corrupt, and which has destroyed the nation--it was certainly the most corrupt and unprincipled government on earth. I should be glad to see their farmers and mechanics come here, but I hope their nobles, priests, and merchants will be kept at home to be moralized by the discipline of the new government. The young stripling whom you describe is, probably, as George Nicholas used to say, "in the plenitude of puppyism." Such coxcombs do not serve even as straws to show which way the wind blows. Alexander is unquestionably a man of an excellent heart, and of very respectable strength of mind; and he is the only sovereign who cordially loves us. Bonaparte hates our government because it is a living libel on his. The English hate us because they think our prosperity filched from theirs. Of Alexander's sense of the merits of our form of government, of its wholesome operation on the condition of the people, and of the interest he takes in the success of our experiment, we possess the most unquestionable proofs; and to him we shall be indebted if the rights of neutrals, to be settled whenever peace is made, shall be extended beyond the present belligerents; that is to say, European neutrals, as George and Napoleon, of mutual consent and common hatred against us, would concur in excluding us. I thought it a salutary measure to engage the powerful patronage of Alexander at conferences for peace, at a time when Bonaparte was courting him; and although circumstances have lessened its weight, yet it is prudent for us to cherish his good dispositions, as those alone which will be exerted in our favor when that occasion shall occur. He, like ourselves, sees and feels the atrociousness of both the belligerents. I salute you with great esteem and respect.

TO MR. JAMES RONALDSON.

MONTICELLO, December 3, 1810.

SIR,--I now return you the paper you were so kind as to enclose to me. The hint to the two belligerents of disarming each other of their auxiliaries, by opening asylums to them and giving them passages to this country, is certainly a good one. Bonaparte has mind enough to adopt it, but not the means. England, again, has the means but not mind enough; she would prefer losing an advantage over her enemy to giving one to us. It is an unhappy state of mind for her, but I am afraid it is the true one. She presents a singular phenomenon of an honest people whose constitution, from its nature, must render their government forever dishonest; and accordingly, from the time that Sir Robert Walpole gave the constitution that direction which its defects permitted, morality has been expunged from their political code. I think the paper might do good if published, and could do no harm. It cannot lessen our means of availing ourselves of the same resource in case of our being at war with either belligerent. The only difficulty in these cases (and in the revolutionary war we found it a great one) is the conveying the invitation to the adverse troops. Accept my salutations and assurances of respect.

TO DAVID HOWELL, ESQ.

MONTICELLO, December 15, 1810.

DEAR SIR,--Our last post brought me your friendly letter of November 27th. I learn with pleasure that republican principles are predominant in your State, because I conscientiously believe that governments founded in these are more friendly to the happiness of the people at large, and especially of a people so capable of self-government as ours. I have been ever opposed to the party so falsely called federalists, because I believe them desirous of introducing into our government authorities hereditary or otherwise independent of the national will. These always consume the public contributions, and oppress the people with labor and poverty. No one was more sensible than myself, while Governor Fenner was in the Senate, of the soundness of his political principles, and rectitude of his conduct. Among those of my fellow laborers of whom I had a distinguished opinion, he was one, and I have no doubt those among whom he lives, and who have already given him so many proofs of their unequivocal confidence in him, will continue so to do. It would be impertinent in me, a stranger to them, to tell them what they all see daily. My object too, at present, is peace and tranquillity, neither doing nor saying anything to be quoted, or to make me the subject of newspaper disquisitions. I read one or two newspapers a week, but with reluctance give even that time from Tacitus and Horace, and so much other more agreeable reading; indeed, I give more time to exercise of the body than of the mind, believing it wholesome to both. I enjoy, in recollection, my ancient friendships, and suffer no new circumstances to mix alloy with them. I do not take the trouble of forming opinions on what is passing among them, because I have such entire confidence in their integrity and wisdom as to be satisfied all is going right, and that every one is doing his best in the station confided to him. Under these impressions, accept sincere assurances of my continued esteem and respect for yourself personally, and my best wishes for your health and happiness.

TO MR. LAW.

MONTICELLO, January 15, 1811.

DEAR SIR,--An absence from home of some length has prevented my sooner acknowledging the receipt of your letter, covering the printed pamphlet, which the same absence has as yet prevented me from taking up, but which I know I shall read with great pleasure. Your favor of December the 22d, is also received.

Mr. Wagner's malignity, like that of the rest of his tribe of brother printers, who deal out calumnies for federal readers, gives me no pain. When a printer cooks up a falsehood, it is as easy to put it into the mouth of a Mr. Fox, as of a smaller man, and safer into that of a dead than a living one. Your sincere attachment to this country, as well as to your native one, was never doubted by me; and in that persuasion, I felt myself free to express to you my genuine sentiments with respect to England. No man was more sensible than myself of the just value of the friendship of that country. There are between us so many of those circumstances which naturally produce and cement kind dispositions, that if they could have forgiven our resistance to their usurpations, our connections might have been durable, and have insured duration to both our governments. I wished, therefore, a cordial friendship with them, and I spared no occasion of manifesting this in our correspondence and intercourse with them; not disguising, however, my desire of friendship with their enemy also. During the administration of Mr. Addington, I thought I discovered some friendly symptoms on the part of that government; at least, we received some marks of respect from the administration, and some of regret at the wrongs we were suffering from their country. So, also, during the short interval of Mr. Fox's power. But every other administration since our Revolution has been equally wanton in their injuries and insults, and have manifested equal hatred and aversion. Instead, too, of cultivating the government itself, whose principles are those of the great mass of the nation, they have adopted the miserable policy of teazing and embarrassing it, by allying themselves with a faction here, not a tenth of the people, noisy and unprincipled, and which never can come into power while republicanism is the spirit of the nation, and that must continue to be so, until such a condensation of population shall have taken place as will require centuries. Whereas, the good will of the government itself would give them, and immediately, every benefit which reason or justice would permit it to give. With respect to myself, I saw great reason to believe their ministers were weak enough to credit the newspaper trash about a supposed personal enmity in myself towards England. This wretched party imputation was beneath the notice of wise men. England never did me a personal injury, other than in open war; and for numerous individuals there, I have great esteem and friendship. And I must have had a mind far below the duties of my station, to have felt either national partialities or antipathies in conducting the affairs confided to me. My affections were first for my own country, and then, generally, for all mankind; and nothing but minds placing themselves above the passions, in the functionaries of this country, could have preserved us from the war to which their provocations have been constantly urging us. The war interests in England include a numerous and wealthy part of their population; and their influence is deemed worth courting by ministers wishing to keep their places. Continually endangered by a powerful opposition, they find it convenient to humor the popular passions at the expense of the public good. The shipping interest, commercial interest, and their janizaries of the navy, all fattening on war, will not be neglected by ministers of ordinary minds. Their tenure of office is so infirm that they dare not follow the dictates of wisdom, justice, and the well-calculated interests of their country. This vice in the English constitution, renders a dependence on that government very unsafe. The feelings of their King, too, fundamentally adverse to us, have added another motive for unfriendliness in his ministers. This obstacle to friendship, however, seems likely to be soon removed; and I verily believe the successor will come in with fairer and wiser dispositions towards us; perhaps on that event their conduct may be changed. But what England is to become on the crush of her internal structure, now seeming to be begun, I cannot foresee. Her monied interest, created by her paper system, and now constituting a baseless mass of wealth equal to that of the owners of the soil, must disappear with that system, and the medium for paying great taxes thus failing, her navy must be without support. That it shall be supported by permitting her to claim dominion of the ocean, and to levy tribute on every flag traversing that, as lately attempted and not yet relinquished, every nation must contest, even _ad internecionem_. And yet, that retiring from this enormity, she should continue able to take a fair share in the necessary equilibrium of power on that element, would be the desire of every nation.

I feel happy in withdrawing my mind from these anxieties, and resigning myself, for the remnant of life, to the care and guardianship of others. Good wishes are all an old man has to offer to his country or friends. Mine attend yourself, with sincere assurances of esteem and respect, which, however, I should be better pleased to tender you in person, should your rambles ever lead you into the vicinage of Monticello.

TO DOCTOR BENJAMIN RUSH.

MONTICELLO, January 16, 1811.

DEAR SIR,--I had been considering for some days, whether it was not time by a letter, to bring myself to your recollection, when I received your welcome favor of the 2d instant. I had before heard of the heart-rending calamity you mention, and had sincerely sympathized with your afflictions. But I had not made it the subject of a letter, because I knew that condolences were but renewals of grief. Yet I thought, and still think, this is one of the cases wherein we should "not sorrow, even as others who have no hope."

* * * * *

You ask if I have read Hartley? I have not. My present course of life admits less reading than I wish. From breakfast, or noon at latest, to dinner, I am mostly on horseback, attending to my farm or other concerns, which I find healthful to my body, mind and affairs; and the few hours I can pass in my cabinet, are devoured by correspondences; not those with my intimate friends, with whom I delight to interchange sentiments, but with others, who, writing to me on concerns of their own in which I have had an agency, or from motives of mere respect and approbation, are entitled to be answered with respect and a return of good will. My hope is that this obstacle to the delights of retirement, will wear away with the oblivion which follows that, and that I may at length be indulged in those studious pursuits, from which nothing but revolutionary duties would ever have called me.

I shall receive your proposed publication and read it with the pleasure which everything gives me from your pen. Although much of a sceptic in the practice of medicine, I read with pleasure its ingenious theories.

I receive with sensibility your observations on the discontinuance of friendly correspondence between Mr. Adams and myself, and the concern you take in its restoration. This discontinuance has not proceeded from me, nor from the want of sincere desire and of effort on my part, to renew our intercourse. You know the perfect coincidence of principle and of action, in the early part of the Revolution, which produced a high degree of mutual respect and esteem between Mr. Adams and myself. Certainly no man was ever truer than he was, in that day, to those principles of rational republicanism which, after the necessity of throwing off our monarchy, dictated all our efforts in the establishment of a new government. And although he swerved, afterwards, towards the principles of the English constitution, our friendship did not abate on that account. While he was Vice President, and I Secretary of State, I received a letter from President Washington, then at Mount Vernon, desiring me to call together the Heads of departments, and to invite Mr. Adams to join us (which, by-the-bye, was the only instance of that being done) in order to determine on some measure which required despatch; and he desired me to act on it, as decided, without again recurring to him. I invited them to dine with me, and after dinner, sitting at our wine, having settled our question, other conversation came on, in which a collision of opinion arose between Mr. Adams and Colonel Hamilton, on the merits of the British constitution, Mr. Adams giving it as his opinion, that, if some of its defects and abuses were corrected, it would be the most perfect constitution of government ever devised by man. Hamilton, on the contrary, asserted, that with its existing vices, it was the most perfect model of government that could be formed; and that the correction of its vices would render it an impracticable government. And this you may be assured was the real line of difference between the political principles of these two gentlemen. Another incident took place on the same occasion, which will further delineate Mr. Hamilton's political principles. The room being hung around with a collection of the portraits of remarkable men, among them were those of Bacon, Newton and Locke, Hamilton asked me who they were. I told him they were my trinity of the three greatest men the world had ever produced, naming them. He paused for some time: "the greatest man," said he, "that ever lived, was Julius Cæsar." Mr. Adams was honest as a politician, as well as a man; Hamilton honest as a man, but, as a politician, believing in the necessity of either force or corruption to govern men.

You remember the machinery which the federalists played off, about that time, to beat down the friends to the real principles of our constitution, to silence by terror every expression in their favor, to bring us into war with France and alliance with England, and finally to homologize our constitution with that of England. Mr. Adams, you know, was overwhelmed with feverish addresses, dictated by the fear, and often by the pen, of the _bloody buoy_, and was seduced by them into some open indications of his new principles of government, and in fact, was so elated as to mix with his kindness a little superciliousness towards me. Even Mrs. Adams, with all her good sense and prudence, was sensibly flushed. And you recollect the short suspension of our intercourse, and the circumstance which gave rise to it, which you were so good as to bring to an early explanation, and have set to rights, to the cordial satisfaction of us all. The nation at length passed condemnation on the political principles of the federalists, by refusing to continue Mr. Adams in the Presidency. On the day on which we learned in Philadelphia the vote of the city of New York, which it was well known would decide the vote of the State, and that, again, the vote of the Union, I called on Mr. Adams on some official business. He was very sensibly affected, and accosted me with these words: "Well, I understand that you are to beat me in this contest, and I will only say that I will be as faithful a subject as any you will have." "Mr. Adams," said I, "this is no personal contest between you and me. Two systems of principles on the subject of government divide our fellow citizens into two parties. With one of these you concur, and I with the other. As we have been longer on the public stage than most of those now living, our names happen to be more generally known. One of these parties, therefore, has put your name at its head, the other mine. Were we both to die to-day, to-morrow two other names would be in the place of ours, without any change in the motion of the machinery. Its motion is from its principle, not from you or myself." "I believe you are right," said he, "that we are but passive instruments, and should not suffer this matter to affect our personal dispositions." But he did not long retain this just view of the subject. I have always believed that the thousand calumnies which the federalists, in bitterness of heart, and mortification at their ejection, daily invented against me, were carried to him by their busy intriguers, and made some impression. When the election between Burr and myself was kept in suspense by the federalists, and they were meditating to place the President of the Senate at the head of the government, I called on Mr. Adams with a view to have this desperate measure prevented by his negative. He grew warm in an instant, and said with a vehemence he had not used towards me before, "Sir, the event of the election is within your own power. You have only to say you will do justice to the public creditors, maintain the navy, and not disturb those holding offices, and the government will instantly be put into your hands. We know it is the wish of the people it should be so." "Mr. Adams," said I, "I know not what part of my conduct, in either public or private life, can have authorized a doubt of my fidelity to the public engagements. I say, however, I will not come into the government by capitulation. I will not enter on it, but in perfect freedom to follow the dictates of my own judgment." I had before given the same answer to the same intimation from Gouverneur Morris. "Then," said he, "things must take their course." I turned the conversation to something else, and soon took my leave. It was the first time in our lives we had ever parted with anything like dissatisfaction. And then followed those scenes of midnight appointment, which have been condemned by all men. The last day of his political power, the last hours, and even beyond the midnight, were employed in filling all offices, and especially permanent ones, with the bitterest federalists, and providing for me the alternative, either to execute the government by my enemies, whose study it would be to thwart and defeat all my measures, or to incur the odium of such numerous removals from office, as might bear me down. A little time and reflection effaced in my mind this temporary dissatisfaction with Mr. Adams, and restored me to that just estimate of his virtues and passions, which a long acquaintance had enabled me to fix. And my first wish became that of making his retirement easy by any means in my power; for it was understood he was not rich. I suggested to some republican members of the delegation from his State, the giving him, either directly or indirectly, an office, the most lucrative in that State, and then offered to be resigned, if they thought he would not deem it affrontive. They were of opinion he would take great offence at the offer; and moreover, that the body of republicans would consider such a step in the outset as arguing very ill of the course I meant to pursue. I dropped the idea, therefore, but did not cease to wish for some opportunity of renewing our friendly understanding.

Two or three years after, having had the misfortune to lose a daughter, between whom and Mrs. Adams there had been a considerable attachment, she made it the occasion of writing me a letter, in which, with the tenderest expressions of concern at this event, she carefully avoided a single one of friendship towards myself, and even concluded it with the wishes "of her who _once_ took pleasure in subscribing herself your friend, Abigail Adams." Unpromising as was the complexion of this letter, I determined to make an effort towards removing the cloud from between us. This brought on a correspondence which I now enclose for your perusal, after which be so good as to return it to me, as I have never communicated it to any mortal breathing, before. I send it to you, to convince you I have not been wanting either in the desire, or the endeavor to remove this misunderstanding. Indeed, I thought it highly disgraceful to us both, as indicating minds not sufficiently elevated to prevent a public competition from affecting our personal friendship. I soon found from the correspondence that conciliation was desperate, and yielding to an intimation in her last letter, I ceased from further explanation. I have the same good opinion of Mr. Adams which I ever had. I know him to be an honest man, an able one with his pen, and he was a powerful advocate on the floor of Congress. He has been alienated from me, by belief in the lying suggestions contrived for electioneering purposes, that I perhaps mixed in the activity and intrigues of the occasion. My most intimate friends can testify that I was perfectly passive. They would sometimes, indeed, tell me what was going on; but no man ever heard me take part in such conversations; and none ever misrepresented Mr. Adams in my presence, without my asserting his just character. With very confidential persons I have doubtless disapproved of the principles and practices of his administration. This was unavoidable. But never with those with whom it could do him any injury. Decency would have required this conduct from me, if disposition had not; and I am satisfied Mr. Adams' conduct was equally honorable towards me. But I think it part of his character to suspect foul play in those of whom he is jealous, and not easily to relinquish his suspicions.

I have gone, my dear friend, into these details, that you might know everything which had passed between us, might be fully possessed of the state of facts and dispositions, and judge for yourself whether they admit a revival of that friendly intercourse for which you are so kindly solicitous. I shall certainly not be wanting in anything on my part which may second your efforts, which will be the easier with me, inasmuch as I do not entertain a sentiment of Mr. Adams, the expression of which could give him reasonable offence. And I submit the whole to yourself, with the assurance, that whatever be the issue, my friendship and respect for yourself will remain unaltered and unalterable.

TO MR. JOHN LYNCH.

MONTICELLO, January 21, 1811.

SIR,--You have asked my opinion on the proposition of Mrs. Mifflin, to take measures for procuring, on the coast of Africa, an establishment to which the people of color of these States might, from time to time, be colonized, under the auspices of different governments. Having long ago made up my mind on this subject, I have no hesitation in saying that I have ever thought it the most desirable measure which could be adopted, for gradually drawing off this part of our population, most advantageously for themselves as well as for us. Going from a country possessing all the useful arts, they might be the means of transplanting them among the inhabitants of Africa, and would thus carry back to the country of their origin, the seeds of civilization which might render their sojournment and sufferings here a blessing in the end to that country.

I received, in the first year of my coming into the administration of the General Government, a letter from the Governor of Virginia, (Colonel Monroe,) consulting me, at the request of the Legislature of the State, on the means of procuring some such asylum, to which these people might be occasionally sent. I proposed to him the establishment of Sierra Leone, to which a private company in England had already colonized a number of negroes, and particularly the fugitives from these States during the Revolutionary War; and at the same time suggested, if this could not be obtained, some of the Portuguese possessions in South America, as next most desirable. The subsequent Legislature approving these ideas, I wrote, the ensuing year, 1802, to Mr. King, our Minister in London, to endeavor to negotiate with the Sierra Leone company a reception of such of these people as might be colonized thither. He opened a correspondence with Mr. Wedderburne and Mr. Thornton, secretaries of the company, on the subject, and in 1803 I received through Mr. King the result, which was that the colony was going on, but in a languishing condition; that the funds of the company were likely to fail, as they received no returns of profit to keep them up; that they were therefore in treaty with their government to take the establishment off their hands; but that in no event should they be willing to receive more of these people from the United States, as it was exactly that portion of their settlers which had gone from hence, which, by their idleness and turbulence, had kept the settlement in constant danger of dissolution, which could not have been prevented but for the aid of the Maroon negroes from the West Indies, who were more industrious and orderly than the others, and supported the authority of the government and its laws. I think I learned afterwards that the British Government had taken the colony into its own hands, and I believe it still exists. The effort which I made with Portugal, to obtain an establishment for them within their claims in South America, proved also abortive.

You inquire further, whether I would use my endeavors to procure for such an establishment security against violence from other powers, and particularly from France? Certainly, I shall be willing to do anything I can to give it effect and safety. But I am but a private individual, and could only use endeavors with private individuals; whereas, the National Government can address themselves at once to those of Europe to obtain the desired security, and will unquestionably be ready to exert its influence with those nations for an object so benevolent in itself, and so important to a great portion of its constituents. Indeed, nothing is more to be wished than that the United States would themselves undertake to make such an establishment on the coast of Africa. Exclusive of motives of humanity, the commercial advantages to be derived from it might repay all its expenses. But for this, the national mind is not yet prepared. It may perhaps be doubted whether many of these people would voluntarily consent to such an exchange of situation, and very certain that few of those advanced to a certain age in habits of slavery, would be capable of self-government. This should not, however, discourage the experiment, nor the early trial of it; and the proposition should be made with all the prudent cautions and attentions requisite to reconcile it to the interests, the safety and the prejudices of all parties.

Accept the assurances of my respect and esteem.

TO M. DESTUTT TRACY.

MONTICELLO, January 26, 1811.

SIR,--The length of time your favor of June the 12th, 1809 was on its way to me, and my absence from home the greater part of the autumn, delayed very much the pleasure which awaited me of reading the packet which accompanied it. I cannot express to you the satisfaction which I received from its perusal. I had, with the world, deemed Montesquieu's work of much merit; but saw in it, with every thinking man, so much of paradox, of false principle and misapplied fact, as to render its value equivocal on the whole. Williams and others had nibbled only at its errors. A radical correction of them, therefore, was a great desideratum. This want is now supplied, and with a depth of thought, precision of idea, of language and of logic, which will force conviction into every mind. I declare to you, Sir, in the spirit of truth and sincerity, that I consider it the most precious gift the present age has received. But what would it have been, had the author, or would the author, take up the whole scheme of Montesquieu's work, and following the correct analysis he has here developed, fill up all its parts according to his sound views of them? Montesquieu's celebrity would be but a small portion of that which would immortalize the author. And with whom? With the rational and high-minded spirits of the present and all future ages. With those whose approbation is both incitement and reward to virtue and ambition. Is then the hope desperate? To what object can the occupation of his future life be devoted so usefully to the world, so splendidly to himself? But I must leave to others who have higher claims on his attention, to press these considerations.

My situation, far in the interior of the country, was not favorable to the object of getting this work translated and printed. Philadelphia is the least distant of the great towns of our States, where there exists any enterprise in this way; and it was not till the spring following the receipt of your letter, that I obtained an arrangement for its execution. The translation is just now completed. The sheets came to me by post, from time to time, for revisal; but not being accompanied by the original, I could not judge of verbal accuracies. I think, however, it is substantially correct, without being an adequate representation of the excellences of the original; as indeed no translation can be. I found it impossible to give it the appearance of an original composition in our language. I therefore think it best to divert inquiries after the author towards a quarter where he will not be found; and with this view, propose to prefix the prefatory epistle now enclosed. As soon as a copy of the work can be had, I will send it to you by duplicate. The secret of the author will be faithfully preserved during his and my joint lives; and those into whose hands my papers will fall at my death, will be equally worthy of confidence. When the death of the author, or his living consent shall permit the world to know their benefactor, both his and my papers will furnish the evidence. In the meantime, the many important truths the work so solidly establishes, will, I hope, make it the political rudiment of the young, and manual of our older citizens.