Chapter XI: Part III: Continued (9)
If you shall hear from me more seldom than heretofore, ascribe it, my ever dear friend, to the heavy load of seventy-seven years and to waning health, but not to weakened affections; these will continue what they have ever been, and will ever be sincere and warm to the latest breath of yours devotedly.
TO MR. ROSCOE.
MONTICELLO, December 27, 1820.
DEAR SIR,--Your letter received more than a twelvemonth ago, with the two tracts on penal jurisprudence, and the literary institution of Liverpool, ought long since to have called for the thanks I now return, had it been in my power sooner to have tendered them. But a long continuance of ill health has suspended all power of answering the kind attentions with which I have been honored during it; and it is only now that a state of slow and uncertain convalescence enables me to make acknowledgments which have been so long and painfully delayed. The treatise on penal jurisprudence I read with great pleasure. Beccaria had demonstrated general principles, but practical applications were difficult. Our States are trying them with more or less success; and the great light you have thrown on the subject will, I am sure, be useful to our experiment. For the thing, as yet, is but in experiment. Your Liverpool institution will also aid us in the organization of our new University, an establishment now in progress in this State, and to which my remaining days and faculties will be devoted. When ready for its Professors, we shall apply for them chiefly to your island. Were we content to remain stationary in science, we should take them from among ourselves; but, desirous of advancing, we must seek them in countries already in advance; and identity of language points to our best resource. To furnish inducements, we provide for the Professors separate buildings, in which themselves and their families may be handsomely and comfortably lodged, and to liberal salaries will be added lucrative perquisites. This institution will be based on the illimitable freedom of the human mind. For here we are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it.
We are looking with wonder at what is passing among you. It
"Resembles ocean into tempest wrought,
To waft a feather, or to drown a fly."
There must be something in these agitations more than meets the eye of a distant spectator. Your queen must be used in this as a rallying point merely, around which are gathering the discontents of every quarter and character. If these flowed from theories of government only, and if merely from the heads of speculative men, they would admit of parley, of negotiation, of management. But I fear they are the workings of hungry bellies, which nothing but food will fill and quiet. I sincerely wish you safely out of them. Circumstances have nourished between our kindred countries angry dispositions which both ought long since to have banished from their bosoms. I have ever considered a cordial affection as the first interest of both. No nation on earth can hurt us so much as yours, none be more useful to you than ours. The obstacle, we have believed, was in the obstinate and unforgiving temper of your late king, and a continuance of his prejudices kept up from habit, after he was with drawn from power. I hope I now see symptoms of sounder views in your government; in which I know it will be cordially met by ours, as it would have been by every administration which has existed under our present constitution. None desired it more cordially than myself, whatever different opinions were impressed on your government by a party who wishes to have its weight in their scale as its exclusive friends.
My ancient friend and classmate, James Maury, informs me by letter that he has sent me a bust which I shall receive with great pleasure and thankfulness, and shall arrange in honorable file with those of some cherished characters. Will you permit me to place here my affectionate souvenirs of him, and accept for yourself the assurance of the highest consideration and esteem.
TO FRANCIS EPPES.
MONTICELLO, January 19, 1821.
DEAR FRANCIS,--Your letter of the 1st came safely to hand. I am sorry you have lost Mr. Elliot, however the kindness of Dr. Cooper will be able to keep you in the track of what is worthy of your time.
You ask my opinion of Lord Bolingbroke and Thomas Paine. They were alike in making bitter enemies of the priests and pharisees of their day. Both were honest men; both advocates for human liberty. Paine wrote for a country which permitted him to push his reasoning to whatever length it would go. Lord Bolingbroke in one restrained by a constitution, and by public opinion. He was called indeed a tory; but his writings prove him a stronger advocate for liberty than any of his countrymen, the whigs of the present day. Irritated by his exile, he committed one act unworthy of him, in connecting himself momentarily with a prince rejected by his country. But he redeemed that single act by his establishment of the principles which proved it to be wrong. These two persons differed remarkably in the style of their writing, each leaving a model of what is most perfect in both extremes of the simple and the sublime. No writer has exceeded Paine in ease and familiarity of style, in perspicuity of expression, happiness of elucidation, and in simple and unassuming language. In this he may be compared with Dr. Franklin; and indeed his Common Sense was, for awhile, believed to have been written by Dr. Franklin, and published under the borrowed name of Paine, who had come over with him from England. Lord Bolingbroke's, on the other hand, is a style of the highest order. The lofty, rhythmical, full-flowing eloquence of Cicero. Periods of just measure, their members proportioned, their close full and round. His conceptions, too, are bold and strong, his diction copious, polished and commanding as his subject. His writings are certainly the finest samples in the English language, of the eloquence proper for the Senate. His political tracts are safe reading for the most timid religionist, his philosophical, for those who are not afraid to trust their reason with discussions of right and wrong.
You have asked my opinion of these persons, and, _to you_, I have given it freely. But, remember, that I am old, that I wish not to make new enemies, nor to give offence to those who would consider a difference of opinion as sufficient ground for unfriendly dispositions. God bless you, and make you what I wish you to be.
TO ARCHIBALD THWEAT.
MONTICELLO, January 19, 1821.
DEAR SIR,--I duly received your favor of the 11th, covering Judge Roane's letter, which I now return. Of the kindness of his sentiments expressed towards myself I am highly sensible; and could I believe that my public services had merited the approbation he so indulgently bestows, the satisfaction I should derive from it would be reward enough to his wish that I would take a part in the transactions of the present day. I am sensible of my incompetence. For first, I know little about them, having long withdrawn my attention from public affairs, and resigned myself with folded arms to the care of those who are to care for us all. And, next, the hand of time pressing heavily on me, in mind as well as body, leaves to neither sufficient energy to engage in public contentions. I am sensible of the inroads daily making by the federal, into the jurisdiction of its co-ordinate associates, the State governments. The legislative and executive branches may sometimes err, but elections and dependence will bring them to rights. The judiciary branch is the instrument which, working like gravity, without intermission, is to press us at last into one consolidated mass. Against this I know no one who, equally with Judge Roane himself, possesses the power and the courage to make resistance; and to him I look, and have long looked, as our strongest bulwark. If Congress fails to shield the States from dangers so palpable and so imminent, the States must shield themselves, and meet the invader foot to foot. This is already half done by Colonel Taylor's book; because a conviction that we are right accomplishes half the difficulty of correcting wrong. This book is the most effectual retraction of our government to its original principles which has ever yet been sent by heaven to our aid. Every State in the Union should give a copy to every member they elect, as a standing instruction, and ours should set the example. Accept with Mrs. Thweat the assurance of my affectionate and respectful attachment.
TO JOHN ADAMS.
MONTICELLO, January 22, 1821.
I was quite rejoiced, dear Sir, to see that you had health and spirits enough to take part in the late convention of your State, for revising its constitution, and to bear your share in its debates and labors. The amendments of which we have as yet heard, prove the advance of liberalism in the intervening period; and encourage a hope that the human mind will some day get back to the freedom it enjoyed two thousand years ago. This country, which has given to the world the example of physical liberty, owes to it that of moral emancipation also, for as yet it is but nominal with us. The inquisition of public opinion overwhelms in practice, the freedom asserted by the laws in theory.
Our anxieties in this quarter are all concentrated in the question, what does the Holy Alliance in and out of Congress mean to do with us on the Missouri question? And this, by-the-bye, is but the name of the case, it is only the John Doe or Richard Roe of the ejectment. The real question, as seen in the States afflicted with this unfortunate population, is, are our slaves to be presented with freedom and a dagger? For if Congress has the power to regulate the conditions of the inhabitants of the States, within the States, it will be but another exercise of that power, to declare that all shall be free. Are we then to see again Athenian and Lacedemonian confederacies? To wage another Peloponnesian war to settle the ascendency between them? Or is this the tocsin of merely a servile war? That remains to be seen; but not, I hope, by you or me. Surely, they will parley awhile, and give us time to get out of the way. What a Bedlamite is man? But let us turn from our own uneasiness to the miseries of our southern friends. Bolivar and Morillo, it seems, have come to the parley, with dispositions at length to stop the useless effusion of human blood in that quarter. I feared from the beginning, that these people were not yet sufficiently enlightened for self-government; and that after wading through blood and slaughter, they would end in military tyrannies, more or less numerous. Yet as they wished to try the experiment, I wished them success in it; they have now tried it, and will possibly find that their safest road will be an accommodation with the mother country, which shall hold them together by the single link of the same chief magistrate, leaving to him power enough to keep them in peace with one another, and to themselves the essential power of self-government and self-improvement, until they shall be sufficiently trained by education and habits of freedom, to walk safely by themselves. Representative government, native functionaries, a qualified negative on their laws, with a previous security by compact for freedom of commerce, freedom of the press, _habeas corpus_ and trial by jury, would make a good beginning. This last would be the school in which their people might begin to learn the exercise of civic duties as well as rights. For freedom of religion they are not yet prepared. The scales of bigotry have not sufficiently fallen from their eyes, to accept it for themselves individually, much less to trust others with it. But that will come in time, as well as a general ripeness to break entirely from the parent stem. You see, my dear Sir, how easily we prescribe for others a cure for their difficulties, while we cannot cure our own. We must leave both, I believe, to heaven, and wrap ourselves up in the mantle of resignation, and of that friendship of which I tender to you the most sincere assurances.
TO JOSEPH C. CABELL.
MONTICELLO, January 31, 1821.
DEAR SIR,--Your favors of the 18th and 25th came together, three days ago. They fill me with gloom as to the dispositions of our legislature towards the University. I perceive that I am not to live to see it opened. As to what had better be done within the limits of their will, I trust with entire confidence to what yourself, Gen. Breckenridge and Mr. Johnson shall think best. You will see what is practicable, and give it such shape as you think best. If a loan is to be resorted to, I think sixty thousand dollars will be necessary, including the library. Its instalments cannot begin until those of the former loan are accomplished; and they should not begin later, nor be less than thirteen thousand dollars a year. (I think it safe to retain two thousand dollars a year for care of the buildings, improvement of the grounds, and unavoidable contingencies.) To extinguish this second loan, will require between five and six instalments, which will carry us to the end of 1833, or thirteen years from this time. My individual opinion is, that we had better not open the institution until the buildings, library, and all, are finished, and our funds cleared of incumbrance. Those buildings once erected, will secure the full object infallibly at the end of thirteen years, and as much earlier as the legislature shall choose. And if we were to begin sooner, with half funds only, it would satisfy the common mind, prevent their aid beyond that point, and our institution remaining at that forever, would be no more than the paltry academies we now have. Even with the whole funds we shall be reduced to six professors. While Harvard will still prime it over us with her twenty professors. How many of our youths she now has, learning the lessons of anti-Missourianism, I know not; but a gentleman lately from Princeton, told me he saw there the list of the students at that place, and that more than half were Virginians. These will return home, no doubt, deeply impressed with the sacred principles of our Holy Alliance of restrictionists.
But the gloomiest of all prospects, is in the desertion of the best friends of the institution, for desertion I must call it. I know not the necessities which may force this on you. General Cocke, you say, will explain them to me; but I cannot conceive them, nor persuade myself they are uncontrollable. I have ever hoped, that yourself, Gen. Breckenridge and Mr. Johnson would stand at your posts in the legislature, until everything was effected, and the institution opened. If it is so difficult to get along with all the energy and influence of our present colleagues in the legislature, how can we expect to proceed at all, reducing our moving power? I know well your devotion to your country, and your foresight of the awful scenes coming on her, sooner or later. With this foresight, what service can we ever render her equal to this? What object of our lives can we propose so important? What interest of our own which ought not to be postponed to this? Health, time, labor, on what in the single life which nature has given us, can these be better bestowed than on this immortal boon to our country? The exertions and the mortifications are temporary; the benefit eternal. If any member of our college of visitors could justifiably withdraw from this sacred duty, it would be myself, who, _quadragenis stipendiis jamdudum peractis_, have neither vigor of body nor mind left to keep the field; but I will die in the last ditch, and so I hope you will, my friend, as well as our firm-breasted brothers and colleagues, Mr. Johnson and Gen. Breckenridge. Nature will not give you a second life wherein to atone for the omissions of this. Pray then, dear and very dear Sir, do not think of deserting us, but view the sacrifices which seem to stand in your way, as the lesser duties, and such as ought to be postponed to this, the greatest of all. Continue with us in these holy labors, until having seen their accomplishment, we may say with old Simeon, "_nunc dimittas, Domine_." Under all circumstances, however, of praise or blame, I shall be affectionately yours.
TO JARED MANSFIELD, ESQ.
MONTICELLO, February 13, 1821.
I am favored, Sir, with your letter of January 26th, and am duly sensible of the honor proposed of giving to my portrait a place among the benefactors of our nation, and of the establishment of West Point in particular. I have ever considered that establishment as of major importance to our country, and in whatever I could do for it, I viewed myself as performing a duty only. This is certainly more than requited by the kind sentiments expressed in your letter. The real debt of the institution is to its able and zealous professors. Mr. Sully, I fear, however, will consider the trouble of his journey, and the employment of his fine pencil, as illy bestowed on an ottamy of 78. Voltaire, when requested by a female friend to sit for his bust by the sculptor Pigalle, answered, "J'ai soixante seize ans; et M. Pigalle doit, dit-on venir modeler mon visage. Mais, Madame, il faudrait que j'eusse un visage. On n'en devinerait à peine la place mes yeux sont enfonces de trois pouces; mes joues sont de vieux parchemin mal collés sur des os qui ne tiennent à rien. Le peu de dents que j'avais est parti." I will conclude, however, with him, that what remains is at your service, and that of the pencil of Mr. Sully. I shall be at home till the middle of April, when I shall go for some time to an occasional and distant residence. Within this term Mr. Sully will be pleased to consult his own convenience, in which the state of the roads will of course have great weight. Every day of it will be equal with me.
I pray you, Sir, to convey to the brethren of your institution, and to accept for yourself also, the assurance of my high consideration and regard.
TO GENERAL BRECKENRIDGE.
MONTICELLO, February 15, 1821.
DEAR SIR,--I learn, with deep affliction, that nothing is likely to be done for our University this year. So near as it is to the shore that one shove more would land it there, I had hoped that would be given; and that we should open with the next year an institution on which the fortunes of our country may depend more than may meet the general eye. The reflections that the boys of this age are to be the men of the next; that they should be prepared to receive the holy charge which we are cherishing to deliver over to them; that in establishing an institution of wisdom for them, we secure it to all our future generations; that in fulfilling this duty, we bring home to our own bosoms the sweet consolation of seeing our sons rising under a luminous tuition, to destinies of high promise; these are considerations which will occur to all; but all, I fear, do not see the speck in our horizon which is to burst on us as a tornado, sooner or later. The line of division lately marked out between different portions of our confederacy, is such as will never, I fear, be obliterated, and we are now trusting to those who are against us in position and principle, to fashion to their own form the minds and affections of our youth. If, as has been estimated, we send three hundred thousand dollars a year to the northern seminaries, for the instruction of our own sons, then we must have there five hundred of our sons, imbibing opinions and principles in discord with those of their own country. This canker is eating on the vitals of our existence, and if not arrested at once, will be beyond remedy. We are now certainly furnishing recruits to their school. If it be asked what are we to do, or said we cannot give the last lift to the University without stopping our primary schools, and these we think most important; I answer, I know their importance. Nobody can doubt my zeal for the general instruction of the people. Who first started that idea? I may surely say, myself. Turn to the bill in the revised code, which I drew more than forty years ago, and before which the idea of a plan for the education of the people, generally, had never been suggested in this State. There you will see developed the first rudiments of the whole system of general education we are now urging and acting on; and it is well known to those with whom I have acted on this subject, that I never have proposed a sacrifice of the primary to the ultimate grade of instruction. Let us keep our eye steadily on the whole system. If we cannot do everything at once, let us do one at a time. The primary schools need no preliminary expense; the ultimate grade requires a considerable expenditure in advance. A suspension of proceeding for a year or two on the primary schools, and an application of the whole income, during that time, to the completion of the buildings necessary for the University, would enable us then to start both institutions at the same time. The intermediate branch, of colleges, academies and private classical schools, for the middle grade, may hereafter receive any necessary aids when the funds shall become competent. In the meantime, they are going on sufficiently, as they have ever yet gone on, at the private expense of those who use them, and who in numbers and means are competent to their own exigencies. The experience of three years has, I presume, left no doubt that the present plan of primary schools, of putting money into the hands of twelve hundred persons acting for nothing, and under no responsibility, is entirely inefficient. Some other must be thought of; and during this pause, if it be only for a year, the whole revenue of that year, with that of the last three years which has not been already thrown away, would place our University in readiness to start with a better organization of primary schools, and both may then go on, hand in hand, forever. No diminution of the capital will in this way have been incurred; a principle which ought to be deemed sacred. A relinquishment of interest on the late loan of sixty thousand dollars, would so far, also, forward the University without lessening the capital.
But what may be best done I leave with entire confidence to yourself and your colleagues in legislation, who know better than I do the conditions of the literary fund and its wisest application; and I shall acquiesce with perfect resignation to their will. I have brooded, perhaps with fondness, over this establishment, as it held up to me the hope of continuing to be useful while I continued to live. I had believed that the course and circumstances of my life had placed within my power some services favorable to the outset of the institution. But this may be egotism; pardonable, perhaps, when I express a consciousness that my colleagues and successors will do as well, whatever the legislature shall enable them to do.
I have thus, my dear Sir, opened my bosom, with all its anxieties, freely to you. I blame nobody for seeing things in a different light. I am sure that all act conscientiously, and that all will be done honestly and wisely which can be done. I yield the concerns of the world with cheerfulness to those who are appointed in the order of nature to succeed to them; and for yourself, for our colleagues, and for all in charge of our country's future fame and fortune, I offer up sincere prayers.
TO DABNEY TERRELL, ESQ.
MONTICELLO, February 26, 1821.
DEAR SIR,--While you were in this neighborhood, you mentioned to me your intention of studying the law, and asked my opinion as to the sufficient course of reading. I gave it to you, _ore tenus_, and with so little consideration that I do not remember what it was; but I have since recollected that I once wrote a letter to Dr. Cooper,[13] on good consideration of the subject. He was then law-lecturer, I believe, at Carlisle. My stiffening wrist makes writing now a slow and painful operation, but my granddaughter Ellen undertakes to copy the letter, which I shall enclose herein.
I notice in that letter four distinct epochs at which the English laws have been reviewed, and their whole body, as existing at each epoch, well digested into a code. These digests were by Bracton, Coke, Matthew Bacon and Blackstone. Bracton having written about the commencement of the extant statutes, may be considered as having given a digest of the laws then in being, written and unwritten, and forming, therefore, the textual code of what is called the common law, just at the period too when it begins to be altered by statutes to which we can appeal. But so much of his matter is become obsolete by change of circumstances or altered by statute, that the student may omit him for the present, and
1st. Begin with [14]Coke's four Institutes. These give a complete body of the law as it stood in the reign of the first James, an epoch the more interesting to us, as we separated at that point from English legislation, and acknowledge no subsequent statutory alterations.
2. Then passing over (for occasional reading as hereafter proposed) all the reports and treatises to the time of Matthew Bacon, read his abridgment, compiled about one hundred years after Coke's, in which they are all embodied. This gives numerous applications of the old principles to new cases, and gives the general state of the English law at that period.
Here, too, the student should take up the chancery branch of the law, by reading the first and second abridgments of the cases in Equity. The second is by the same Matthew Bacon, the first having been published some time before. The alphabetical order adopted by Bacon, is certainly not as satisfactory as the systematic. But the arrangement is under very general and leading heads, and these, indeed, with very little difficulty, might be systematically instead of alphabetically arranged and read.
3. Passing now in like manner over all intervening reports and tracts, the student may take up Blackstone's Commentaries, published about twenty-five years later than Bacon's abridgment, and giving the substance of these new reports and tracts. This review is not so full as that of Bacon, by any means, but better digested. Here, too, Wooddeson should be read as supplementary to Blackstone, under heads too shortly treated by him. Fonblanque's edition of Francis' Maxims of Equity, and Bridgman's digested Index, into which the latter cases are incorporated, are also supplementary in the chancery branch, in which Blackstone is very short.
This course comprehends about twenty-six 8vo volumes, and reading four or five hours a day would employ about two years.
After these, the best of the reporters since Blackstone should be read for the new cases which have occurred since his time. Which they are I know not, as all of them are since my time.
By way of change and relief for another hour or two in the day, should be read the law-tracts of merit which are many, and among them all those of Baron Gilbert are of the first order. In these hours, too, may be read Bracton, (now translated,) and Justinian's Institute. The method of these two last works is very much the same, and their language often quite so. Justinian is very illustrative of the doctrines of equity, and is often appealed to, and Cooper's edition is the best on account of the analogies and contrasts he has given of the Roman and English law. After Bracton, Reeves' History of the English Law may be read to advantage. During this same hour or two of lighter law reading, select and leading cases of the reporters may be successively read, which the several digests will have pointed out and referred to.
* * * * *
I have here sketched the reading in common law and chancery which I suppose necessary for a reputable practitioner in those courts. But there are other branches of law in which, although it is not expected he should be an adept, yet when it occurs to speak of them, it should be understandingly to a decent degree. There are the Admiralty law, Ecclesiastical law, and the Law of Nations. I would name as elementary books in these branches, Molloy de Jure Maritimo. Brown's Compend. of the Civil and Admiralty Law, 2 vols. 8vo. The Jura Ecclesiastica, 2 vols. 8vo. And Les Institutions du droit de la Nature et des Gens de Reyneval, 1 vol. 8vo.
Besides these six hours of law reading, light and heavy, and those necessary for the repasts of the day, for exercise and sleep, which suppose to be ten or twelve, there will still be six or eight hours for reading history, politics, ethics, physics, oratory, poetry, criticism, &c., as necessary as law to form an accomplished lawyer.
The letter to Dr. Cooper, with this as a supplement, will give you those ideas on a sufficient course of law reading which I ought to have done with more consideration at the moment of your first request. Accept them now as a testimony of my esteem, and of sincere wishes for your success; and the family, _unâ voce_, desires me to convey theirs with my own affectionate salutations.
FOOTNOTES:
[13] January 16, 1814.
[14] Since the date of this letter, a most important
and valuable edition has been published of Coke's First
Institute. The editor, Thomas, has analyzed the whole work,
and re-composed its matter in the order of Blackstone's
Commentaries, not omitting a sentence of Lord Coke's text,
nor inserting one not his. In notes, under the text,
he has given the modern decisions relating to the same
subjects, rendering it thus as methodical, lucid, easy and
agreeable to the reader as Blackstone, and more precise
and profound. It can now be no longer doubted that this is
the very best elementary work for a beginner in the study
of the law. It is not, I suppose, to be had in this State,
and questionable if in the North, as yet, and it is dear,
costing in England four guineas or nineteen dollars, to
which add the duty here on imported books, which, on the
three volumes 8vo, is something more than three dollars, or
one dollar the 8vo volume. This is a tax on learned readers
to support printers for the readers of "The Delicate
Distress, and The Wild Irish Boy".
TO TIMOTHY PICKERING, ESQ.
MONTICELLO, February 27, 1821.
I have received, Sir, your favor of the 12th, and I assure you I received it with pleasure. It is true, as you say, that we have differed in political opinions; but I can say with equal truth, that I never suffered a political to become a personal difference. I have been left on this ground by some friends whom I dearly loved, but I was never the first to separate. With some others, of politics different from mine, I have continued in the warmest friendship to this day, and to all, and to yourself particularly, I have ever done moral justice.
I thank you for Mr. Channing's discourse, which you have been so kind as to forward me. It is not yet at hand, but is doubtless on its way. I had received it through another channel, and read it with high satisfaction. No one sees with greater pleasure than myself the progress of reason in its advances towards rational Christianity. When we shall have done away the incomprehensible jargon of the Trinitarian arithmetic, that three are one, and one is three; when we shall have knocked down the artificial scaffolding, reared to mask from view the simple structure of Jesus; when, in short, we shall have unlearned everything which has been taught since his day, and got back to the pure and simple doctrines he inculcated, we shall then be truly and worthily his disciples; and my opinion is that if nothing had ever been added to what flowed purely from his lips, the whole world would at this day have been Christian. I know that the case you cite, of Dr. Drake, has been a common one. The religion-builders have so distorted and deformed the doctrines of Jesus, so muffled them in mysticisms, fancies and falsehoods, have caricatured them into forms so monstrous and inconceivable, as to shock reasonable thinkers, to revolt them against the whole, and drive them rashly to pronounce its founder an impostor. Had there never been a commentator, there never would have been an infidel. In the present advance of truth, which we both approve, I do not know that you and I may think alike on all points. As the Creator has made no two faces alike, so no two minds, and probably no two creeds. We well know that among Unitarians themselves there are strong shades of difference, as between Doctors Price and Priestley, for example. So there may be peculiarities in your creed and in mine. They are honestly formed without doubt. I do not wish to trouble the world with mine, nor to be troubled for them. These accounts are to be settled only with him who made us; and to him we leave it, with charity for all others, of whom, also, he is the only rightful and competent judge. I have little doubt that the whole of our country will soon be rallied to the unity of the Creator, and, I hope, to the pure doctrines of Jesus also.
In saying to you so much, and without reserve, on a subject on which I never permit myself to go before the public, I know that I am safe against the infidelities which have so often betrayed my letters to the strictures of those for whom they were not written, and to whom I never meant to commit my peace. To yourself I wish every happiness, and will conclude, as you have done, in the same simple style of antiquity, _da operam ut valeas; hoc mihi gratius facere nihil potes_.
TO JUDGE ROANE.
MONTICELLO, March 9, 1821.
DEAR SIR,--I am indebted for your favor of February 25th, and especially for your friendly indulgence to my excuses for retiring from the polemical world. I should not shrink from the post of duty, had not the decays of nature withdrawn me from the list of combatants. Great decline in the energies of the body import naturally a corresponding wane of the mind, and a longing after tranquillity as the last and sweetest asylum of age. It is a law of nature that the generations of men should give way, one to another, and I hope that the one now on the stage will preserve for their sons the political blessings delivered into their hands by their fathers. Time indeed changes manners and notions, and so far we must expect institutions to bend to them. But time produces also corruption of principles, and against this it is the duty of good citizens to be ever on the watch, and if the gangrene is to prevail at last, let the day be kept off as long as possible. We see already germs of this, as might be expected. But we are not the less bound to press against them. The multiplication of public offices, increase of expense beyond income, growth and entailment of a public debt, are indications soliciting the employment of the pruning-knife; and I doubt not it will be employed; good principles being as yet prevalent enough for that.
The great object of my fear is the federal judiciary. That body, like gravity, ever acting, with noiseless foot, and unalarming advance, gaining ground step by step, and holding what it gains, is ingulphing insidiously the special governments into the jaws of that which feeds them. The recent recall to first principles, however, by Colonel Taylor, by yourself, and now by Alexander Smith, will, I hope, be heard and obeyed, and that a temporary check will be effected. Yet be not weary of well doing. Let the eye of vigilance never be closed.
Last and most portentous of all is the Missouri question. It is smeared over for the present; but its geographical demarcation is indelible. What it is to become, I see not; and leave to those who will live to see it. The University will give employment to my remaining years, and quite enough for my senile faculties. It is the last act of usefulness I can render, and could I see it open I would not ask an hour more of life. To you I hope many will still be given; and, certain they will all be employed for the good of our beloved country, I salute you with sentiments of especial friendship and respect.
TO JUDGE ROANE.
MONTICELLO, June 27, 1821.
DEAR SIR,--I have received through the hands of the Governor, Colonel Taylor's letter to you. It is with extreme reluctance that I permit myself to usurp the office of an adviser of the public, what books they should read, and what not. I yield, however, on this occasion to your wish and that of Colonel Taylor, and do what (with a single exception only) I never did before, on the many similar applications made to me. On reviewing my letters to Colonel Taylor and to Mr. Thweat, neither appeared exactly proper. Each contained matter which might give offence to the judges, without adding strength to the opinion. I have, therefore, out of the two, cooked up what may be called "an extract of a letter from Th: J. to ----;" but without saying it is published _with my consent_. That would forever deprive me of the ground of declining the office of a Reviewer of books in future cases. I sincerely wish the attention of the public may be drawn to the doctrines of the book; and if this self-styled extract may contribute to it, I shall be gratified. I salute you with constant friendship and respect.
EXTRACT OF A LETTER FROM TH: JEFFERSON TO ----.
I have read Colonel Taylor's book of "Constructions Construed," with great satisfaction, and, I will say, with edification; for I acknowledge it corrected some errors of opinion into which I had slidden without sufficient examination. It is the most logical retraction of our governments to the original and true principles of the constitution creating them, which has appeared since the adoption of that instrument. I may not perhaps concur in all its opinions, great and small; for no two men ever thought alike on so many points. But on all its important questions, it contains the true political faith, to which every catholic republican should steadfastly hold. It should be put into the hands of all our functionaries, authoritatively, as a standing instruction, and true exposition of our Constitution, as understood at the time we agreed to it. It is a fatal heresy to suppose that either our State governments are superior to the federal, or the federal to the States. The people, to whom all authority belongs, have divided the powers of government into two distinct departments, the leading characters of which are _foreign_ and domestic; and they have appointed for each a distinct set of functionaries. These they have made co-ordinate, checking and balancing each other, like the three cardinal departments in the individual States: each equally supreme as to the powers delegated to itself, and neither authorized ultimately to decide what belongs to itself, or to its coparcenor in government. As independent, in fact, as different nations, a spirit of forbearance and compromise, therefore, and not of encroachment and usurpation, is the healing balm of such a constitution; and each party should prudently shrink from all approach to the line of demarcation, instead of rashly overleaping it, or throwing grapples ahead to haul to hereafter. But, finally, the peculiar happiness of our blessed system is, that in differences of opinion between these different sets of servants, the appeal is to neither, but to their employers peaceably assembled by their representatives in Convention. This is more rational than the _jus fortioris_, or the cannon's mouth, the _ultima et sola ratio regum_.
TO GENERAL DEARBORNE.
MONTICELLO, August 17, 1821.
DEAR SIR,--Your favor of the 8th came to hand yesterday evening. I hope you will never suppose your letters to be among those which are troublesome to me. They are always welcome, and it is among my great comforts to hear from my ancient colleagues, and to know that they are well. The affectionate recollection of Mrs. Dearborne, cherished by our family, will ever render her health and happiness interesting to them. You are so far astern of Mr. Adams and myself, that you must not yet talk of old age. I am happy to hear of his good health. I think he will outlive us all, I mean the Declaration-men, although our senior since the death of Colonel Floyd. It is a race in which I have no ambition to win. Man, like the fruit he eats, has his period of ripeness. Like that, too, if he continues longer hanging to the stem, it is but an useless and unsightly appendage. I rejoice, with you that the State of Missouri is at length a member of our Union. Whether the question it excited is dead, or only sleepeth, I do not know. I see only that it has given resurrection to the Hartford convention men. They have had the address, by playing on the honest feelings of our former friends, to seduce them from their kindred spirits, and to borrow their weight into the federal scale. Desperate of regaining power under political distinctions, they have adroitly wriggled into its seat under the auspices of morality, and are again in the ascendency from which their sins had hurled them. It is indeed of little consequence who governs us, if they sincerely and zealously cherish the principles of union and republicanism.
I still believe that the Western extension of our confederacy will ensure its duration, by overruling local factions, which might shake a smaller association. But whatever may be the merit or demerit of that acquisition, I divide it with my colleagues, to whose councils I was indebted for a course of administration which, notwithstanding this late coalition of clay and brass, will, I hope, continue to receive the approbation of our country.
The portrait by Stewart was received in due time and good order, and claims, for this difficult acquisition, the thanks of the family, who join me in affectionate souvenirs of Mrs. Dearborne and yourself. My particular salutations to both flow, as ever, from the heart, continual and warm.
TO MR. C. HAMMOND.
MONTICELLO, August 18, 1821.
SIR,--Your favor of the 7th is just now received. The letter to which it refers was written by me with the sole view of recommending to the study of my fellow citizens a book which I considered as containing more genuine doctrines on the subject of our government, and carrying us back more truly to its fundamental principles, than any one which had been written since the adoption of our constitution. As confined to this object, I thought, and still think, its language as plain and intelligible as I can make it. But when we see inspired writings made to speak whatever opposite controversialists wish them to say, we cannot ourselves expect to find language incapable of similar distortion. My expressions were general; their perversion is in their misapplication to a particular case. To test them truly, they should turn to the book with whose opinion they profess to coincide. If the book establishes that a State has no right to tax the monied property within its limits, or that it can be called, as a party, to the bar of the federal judiciary, then they may infer that these are my opinions. If no such doctrines are there, my letter does not authorize their imputation to me.
It has long, however, been my opinion, and I have never shrunk from its expression, (although I do not choose to put it into a newspaper, nor, like a Priam in armor, offer myself its champion,) that the germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body, (for impeachment is scarcely a scare-crow,) working like gravity by night and by day, gaining a little to-day and a little to-morrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one. To this I am opposed; because, when all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the centre of all power, it will render powerless the checks provided of one government on another, and will become as venal and oppressive as the government from which we separated. It will be as in Europe, where every man must be either pike or gudgeon, hammer or anvil. Our functionaries and theirs are wares from the same work-shop; made of the same materials, and by the same hand. If the States look with apathy on this silent descent of their government into the gulf which is to swallow all, we have only to weep over the human character formed uncontrollable but by a rod of iron, and the blasphemers of man, as incapable of self-government, become his true historians.
But let me beseech you, Sir, not to let this letter get into a newspaper. Tranquillity, at my age, is the supreme good of life. I think it a duty, and it is my earnest wish, to take no further part in public affairs; to leave them to the existing generation to whose turn they have fallen, and to resign the remains of a decaying body and mind to their protection. The abuse of confidence by publishing my letters has cost me more than all other pains, and make me afraid to put pen to paper in a letter of sentiment. If I have done it frankly in answer to your letter, it is in full trust that I shall not be thrown by you into the arena of a newspaper. I salute you with great respect.
TO JOHN ADAMS.
MONTICELLO, September 12, 1821.
DEAR SIR,--I am just returned from my other home, and shall within a week go back to it for the rest of the autumn. I find here your favor of August 20th, and was before in arrear for that of May 19th. I cannot answer, but join in, your question of May 19th. Are we to surrender the pleasing hopes of seeing improvement in the moral and intellectual condition of man? The events of Naples and Piedmont cast a gloomy cloud over that hope, and Spain and Portugal are not beyond jeopardy. And what are we to think of this northern triumvirate, arming their nations to dictate despotisms to the rest of the world? And the evident connivance of England, as the price of secret stipulations for continental armies, if her own should take side with her malcontent and pulverized people? And what of the poor Greeks, and their small chance of amelioration even if the hypocritical Autocrat should take them under the iron cover of his Ukazes. Would this be lighter or safer than that of the Turk? These, my dear friend, are speculations for the new generation, as, before they will be resolved, you and I must join our deceased brother Floyd. Yet I will not believe our labors are lost. I shall not die without a hope that light and liberty are on steady advance. We have seen, indeed, once within the records of history, a complete eclipse of the human mind continuing for centuries. And this, too, by swarms of the same northern barbarians, conquering and taking possession of the countries and governments of the civilized world. Should this be again attempted, should the same northern hordes, allured again by the corn, wine, and oil of the south, be able again to settle their swarms in the countries of their growth, the art of printing alone, and the vast dissemination of books, will maintain the mind where it is, and raise the conquering ruffians to the level of the conquered, instead of degrading these to that of their conquerors. And even should the cloud of barbarism and despotism again obscure the science and liberties of Europe, this country remains to preserve and restore light and liberty to them. In short, the flames kindled on the 4th of July, 1776, have spread over too much of the globe to be extinguished by the feeble engines of despotism; on the contrary, they will consume these engines and all who work them.
I think with you that there should be a school of instruction for our navy as well as artillery; and I do not see why the same establishment might not suffice for both. Both require the same basis of general mathematics, adding projectiles and fortifications for the artillery exclusively, and astronomy and theory of navigation exclusively for the naval students. Berout conducted both schools in France, and has left us the best book extant for their joint and separate instruction. It ought not to require a separate professor.
A 4th of July oration delivered in the town of Milford, in your State, gives to Samuel Chase the credit of having "first started the cry of independence in the ears of his countrymen." Do you remember anything of this? I do not. I have no doubt it was uttered in Massachusetts even before it was by Thomas Paine. But certainly I never considered Samuel Chase as foremost, or even forward in that hallowed cry. I know that Maryland hung heavily on our backs, and that Chase, although first named, was not most in unison with us of that delegation, either in politics or morals, _et c'est ainsi que l'on ecrit l'histoire_!
Your doubt of the legitimacy of the word _gloriola_, is resolved by Cicero, who, in his letter to Lucceius expresses a wish "_ut nos metipsi vivi gloriola nostra perfruamur_." Affectionately adieu.
JOHN ADAMS TO THOMAS JEFFERSON.
MONTEZILLO, September 24, 1821.
DEAR SIR,--I thank you for your favor of the 12th instant. Hope springs eternal. Eight millions of Jews hope for a Messiah more powerful and glorious than Moses, David, or Solomon; who is to make them as powerful as he pleases. Some hundreds of millions of Musslemen expect another prophet more powerful than Mahomet, who is to spread Islamism over the whole earth. Hundreds of millions of Christians expect and hope for a millennium in which Jesus is to reign for a thousand years over the whole world before it is burnt up. The Hindoos expect another and final incarnation of Vishnu, who is to do great and wonderful things, I know not what. All these hopes are founded on real or pretended revelation. The modern Greeks, too, it seems, hope for a deliverer who is to produce them--the Themistocleses and Demostheneses--the Platos and Aristotles--the Solons and Lycurguses. On what prophecies they found their belief, I know not. You and I hope for splendid improvements in human society, and vast amelioration in the condition of mankind. Our faith may be supposed by more rational arguments than any of the former, I own that I am very sanguine in the belief of them, as I hope and believe you are, and your reasoning in your letter confirmed me in them.
As Brother Floyd has gone, I am now the oldest of the little Congressional group that remain. I may therefore rationally hope to be the first to depart; and as you are the youngest and most energetic in mind and body, you may therefore rationally hope to be the last to take your flight, and to rake up the fire as father Sherman, who always staid to the last, and commonly two days afterwards, used to say, "that it was his office to sit up and rake the ashes over the coals." And much satisfaction may you have in your office.
The cholera morbus has done wonders in St. Helena and in London. We shall soon hear of a negotiation for a second wife. Whether in the body, or out of the body, I shall always be your friend.
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The Writings of Thomas Jefferson, Vol. 7 (of 9)Chapter XI: Part III: Continued (9)
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