The events of Europe come to us so late, and so suspiciously, that observations on them would certainly be stale, and possibly wide of their actual state. From their general aspect, however, I collect that your Majesty's interposition in them has been disinterested and generous, and having in view only the general good of the great European family. When you shall proceed to the pacification which is to re-establish peace and commerce, the same dispositions of mind will lead you to think of the general intercourse of nations, and to make that provision for its future maintenance which, in times past, it has so much needed. The northern nations of Europe, at the head of which your Majesty is distinguished, are habitually peaceable. The United States of America, like them, are attached to peace. We have then with them a common interest in the neutral rights. Every nation indeed, on the continent of Europe, belligerent as well as neutral, is interested in maintaining these rights, in liberalizing them progressively with the progress of science and refinement of morality, and in relieving them from restrictions which the extension of the arts has long since rendered unreasonable and vexatious.

Two personages in Europe, of which your Majesty is one, have it in their power, at the approaching pacification, to render eminent service to nations in general, by incorporating into the act of pacification, a correct definition of the rights of neutrals on the high seas. Such a definition, declared by all the powers lately or still belligerent, would give to those rights a precision and notoriety, and cover them with an authority, which would protect them in an important degree against future violation; and should any further sanction be necessary, that of an exclusion of the violating nation from commercial intercourse with all the others, would be preferred to war, as more a.n.a.logous to the offence, more easy and likely to be executed with good faith. The essential articles of these rights, too, are so few and simple as easily to be defined.

Having taken no part in the past or existing troubles of Europe, we have no part to act in its pacification. But as principles may then be settled in which we have a deep interest, it is a great happiness for us that they are placed under the protection of an umpire, who, looking beyond the narrow bounds of an individual nation, will take under the cover of his equity the rights of the absent and unrepresented. It is only by a happy concurrence of good characters and good occasions, that a step can now and then be taken to advance the well-being of nations. If the present occasion be good, I am sure your Majesty's character will not be wanting to avail the world of it. By monuments of such good offices, may your life become an epoch in the history of the condition of man; and may He who called it into being, for the good of the human family, give it length of days and success, and have it always in His holy keeping.

A TRIBUTE OF GRAt.i.tUDE.

To Dr. Edward Jenner Monticello, May 14, 1806 1806051.

SIR, -- I have received a copy of the evidence at large respecting the discovery of the vaccine inoculation which you have been pleased to send me, and for which I return you my thanks. Having been among the early converts, in this part of the globe, to its efficiency, I took an early part in recommending it to my countrymen. I avail myself of this occasion of rendering you a portion of the tribute of grat.i.tude due to you from the whole human family. Medicine has never before produced any single improvement of such utility. Harvey's discovery of the circulation of the blood was a beautiful addition to our knowledge of the animal economy, but on a review of the practice of medicine before and since that epoch, I do not see any great amelioration which has been derived from that discovery. You have erased from the calendar of human afflictions one of its greatest. Yours is the comfortable reflection that mankind can never forget that you have lived. Future nations will know by history only that the loathsome small-pox has existed and by you has been extirpated.

Accept my fervent wishes for your health and happiness and a.s.surances of the greatest respect and consideration.

SCHISM AND THE MAJORITY LEADSHIP.

To Barnabas Bidwell Washington, July 5, 1806 1806070.

SIR, -- Your favor of June the 21st has been duly received. We have not as yet heard from General Skinner on the subject of his office. Three persons are proposed on the most respectable recommendations, and under circ.u.mstances of such equality as renders it difficult to decide between them. But it shall be done impartially. I sincerely congratulate you on the triumph of republicanism in Ma.s.sachusetts. The Hydra of federalism has now lost all its heads but two. Connecticut think will soon follow Ma.s.sachusetts. Delaware will probably remain what it ever has been, a mere county of England, conquered indeed, and held under by force, but always disposed to counter- revolution. I speak of its majority only.

Our information from London continues to give us hopes of an accommodation there on both the points of 'accustomed commerce and impressment.' In this there must probably be some mutual concession, because we cannot expect to obtain every thing and yield nothing. But I hope it will be such an one as may be accepted. The arrival of the Hornet in France is so recently known, that it will yet be some time before we learn our prospects there. Notwithstanding the efforts made here, and made professedly to a.s.sa.s.sinate that negotiation in embryo, if the good sense of Buonaparte should prevail over his temper, the present state of things in Europe may induce him to require of Spain that she should do us justice at least. That he should require her to sell us East Florida, we have no right to insist: yet there are not wanting considerations which may induce him to wish a permanent foundation for peace laid between us. In this treaty, whatever it shall be, our old enemies the federalists, and their new friends, will find enough to carp at. This is a thing of course, and I should suspect error where they found no fault. The buzzard feeds on carrion only. Their rallying point is 'war with France and Spain, and alliance with Great Britain:' and every thing is wrong with them which checks their new ardor to be fighting for the liberties of mankind; on the sea always excepted. There one nation is to monopolise all the liberties of the others.

I read, with extreme regret, the expressions of an inclination on your part to retire from Congress. I will not say that this time, more than all others, calls for the service of every man; but I will say, there never was a time when the services of those who possess talents, integrity, firmness and sound judgment, were more wanted in Congress. Some one of that description is particularly wanted to take the lead in the House of Representatives, to consider the business of the nation as his own business, to take it up as if he were singly charged with it, and carry it through. I do not mean that any gentleman, relinquishing his own judgment, should implicitly support all the measures of the administration; but that,where he does not disapprove of them, he should not suffer them to go off in sleep, but bring them to the attention of the House, and give them a fair chance. Where he disapproves, he will of course leave them to be brought forward by those who concur in the sentiment. Shall I explain my idea by an example? The cla.s.sification of the militia was communicated to General Varnum and yourself merely as a proposition, which, if you approved, it was trusted you would support. I knew, indeed, that General Varnum was opposed to any thing which might break up the present organization of the militia: but when so modified as to avoid this, I thought he might, perhaps, be reconciled to it. As soon as I found it did not coincide with your sentiments, I could not wish you to support it; but using the same freedom of opinion, procured it to be brought forward elsewhere. It failed there also, and for a time perhaps, may not prevail: but a militia can never be used for distant service on any other plan; and Buonaparte will conquer the world, if they do not learn his secret of composing armies of young men only, whose enthusiasm and health enable them to surmount all obstacles. When a gentleman, through zeal for the public service, undertakes to do the public business, we know that we shall hear the cant of backstairs counsellors. But we never heard this while the declaimer was himself a backstairs man, as he calls it, but in the confidence and views of the administration, as may more properly and respectfully be said. But if the members are to know nothing but what is important enough to be put into a public message, and indifferent enough to be made known to all the world; if the executive is to keep all other information to himself, and the House to plunge on in the dark, it becomes a government of chance and not of design. The imputation was one of those artifices used to despoil an adversary of his most effectual arms; and men of mind will place themselves above a gabble of this order. The last session of Congress was indeed an uneasy one for a time: but as soon as the members penetrated into the views of those who were taking a new course, they rallied in as solid a phalanx as I have ever seen act together. Indeed have never seen a House of better dispositions. They want only a man of business & in whom they can confide to conduct things in the house; and they are as much disposed to support him as can be wished. It is only speaking a truth to say that all eyes look to you. It was not perhaps expected from a new member, at his first session, & before the forms & style of doing business were familiar. But it would be a subject of deep regret were you to refuse yourself to the conspicuous part in the business of the house which all a.s.sign you. Perhaps I am not ent.i.tled to speak with so much frankness; but it proceeds from no motive which has not a right to your forgiveness. Opportunities of candid explanation are so seldom afforded me, that I must not lose them when they occur.

The information I receive from your quarter agrees with that from the south; that the late schism has made not the smallest impression on the public, and that the seceders are obliged to give to it other grounds than those which we know to be the true ones. All we have to wish is, that at the ensuing session, every one may take the part openly which he secretly befriends. I recollect nothing new and true, worthy communicating to you. As for what is not true, you will always find abundance in the newspapers. Among other things, are those perpetual alarms as to the Indians, for no one ofwhich has there ever been the slightest ground. They are the suggestions of hostile traders, always wishing to embroil us with the Indians, to perpetuate their own extortionate commerce. I salute you with esteem and respect.

GARDENS FOR MONTICELLO.

To William Hamilton Washington, July, 1806 18060.

Your favor of the 7^th came duly to hand and the plant you are so good as to propose to send me will be thankfully rec^d. The little Mimosa Julibrisin you were so kind as to send me the last year is flourishing. I obtained from a gardener in this nbh^d [neighborhood] 2 plants of the paper mulberry; but the parent plant being male, we are to expect no fruit from them,unless your [trees] should chance to be of the s.e.x wanted. at a future day, say two years hence I shall ask from you some seeds of the Mimosa Farnesiana or Nilotica, of which you were kind enough before to furnish me some. but the plants have been lost during my absence from home. I remember seeing in your greenhouse a plant of a couple of feet height in a pot the fragrance of which (from it's gummy bud if I recollect rightly) was peculiarly agreeable to me and you were so kind as to remark that it required only a greenhouse, and that you would furnish me one when I should be in a situation to preserve it. but it's name has entirely escaped me & I cannot suppose you can recollect or conjecture in your vast collection what particular plant this might be. I must acquiese therefore in a privation which my own defect of memory has produced, unless indeed I could some of these days make an impromptu visit to Phila. & recognise it myself at the Woodlands.

Having decisively made up my mind for retirement at the end of my present term, my views and attentions are all turned homewards. I have hitherto been engaged in my buildings which will be finished in the course of the present year. The improvement of my grounds has been reserved formy occupation on my return home. For this reason it is that I have put off to the fall of the year after next the collection of such curious trees as will bear our winters in the open air.

The grounds which I destine to improve in the style of the English gardens are in a form very difficult to be managed. They compose the northern quadrant of a mountain for about 2/3 of its height & then spread for the upper third over its whole crown. They contain about three hundred acres, washed at the foot for about a mile, by a river of the size of the Schuylkill. The hill is generally too steep for direct ascent, but we make level walks successively along it's side, which in it's upper part encircle the hill & intersect these again by others of easy ascent in various parts. They are chiefly still in their native woods, which are majestic, and very generally a close undergrowth, which I have not suffered to be touched, knowing how much easier it is to cut away than to fill up. The upper third is chiefly open, but to the South is covered with a dense thicket of Scotch broom (Spartium scoparium Lin.) which being favorably spread before the sun will admit of advantageous arrangement for winter enjoyment. You are sensible that this disposition of the ground takes from me the first beauty in gardening, the variety of hill & dale, & leaves me as an awkward subst.i.tute a few hanging hollows & ridges, this subject is so unique and at the same time refractory, that to make a disposition a.n.a.logous to its character would require much more of the genius of the landscape painter & gardener than I pretend to. I had once hoped to get Parkins to go and give me some outlines, but I was disappointed. Certainly I could never wish your health to be such as to render travelling necessary; but should a journey at any time promise improvement to it, there is no one on which you would be received with more pleasure than at Monticello. Should I be there you will have an opportunity of indulging on a new field some of the taste which has made the Woodlands the only rival which I have known in America to what may be seen in England.

Thither without doubt we are to go for models in this art. Their sunless climate has permitted them to adopt what is certainly a beauty of the very first order in landscape. Their canvas is of open ground, variegated with clumps of trees distributed with taste. They need no more of wood than will serve to embrace a lawn or a glade. But under the beaming, constant and almost vertical sun of Virginia, shade is our Elysium. In the absence of this no beauty of the eye can be enjoyed. This organ must yield it's gratification to that of the other senses; without the hope of any equivalent to the beauty relinquished. The only subst.i.tute I have been able to imagine is this. Let your ground be covered with trees of the loftiest stature. Trim up their bodies as high as the const.i.tution & form of the tree will bear, but so as that their tops shall still unite & yeild dense shade. A wood, so open below, will have nearly the appearance of open grounds. Then, when in the open ground you would plant a clump of trees, place a thicket of shrubs presenting a hemisphere the crown of which shall distinctly show itself under the branches of the trees. This may be effected by a due selection & arrangement of the shrubs, & will I think offer a group not much inferior to that of trees. The thickets may be varied too by making some of them of evergreens altogether, our red cedar made to grow in a bush, evergreen privet, pyrocanthus, Kalmia, Scotch broom. Holly would be elegant but it does not grow in my part of the country.

Of prospect I have a rich profusion and offering itself at every point of the compa.s.s. Mountains distant & near, smooth & s.h.a.ggy, single & in ridges, a little river hiding itself among the hills so as to shew in lagoons only, cultivated grounds under the eye and two small villages. To prevent a satiety of this is the princ.i.p.al difficulty. It may be successively offered, & in different portions through vistas, or which will be better, between thickets so disposed as to serve as vistas, with the advantage of shifting the scenes as you advance on your way.

You will be sensible by this time of the truth of my information that my views are turned so steadfastly homeward that the subject runs away with me whenever I get on it. I sat down to thank you for kindnesses received, & to bespeak permission to ask further contributions from your collection & I have written you a treatise on gardening generally, in which art lessons would come with more justice from you to me.

DISCONTENTS IN THE WEST.

To John d.i.c.kinson Washington, Jan. 13, 1807 1807011.

MY DEAR AND ANCIENT FRIEND, -- I have duly received your favor of the 1st inst., and am ever thankful for communications which may guide me in the duties which I wish to perform as well as I am able. It is but too true that great discontents exist in the territory of Orleans. Those of the French inhabitants have for their sources, 1, the prohibition of importing slaves. This may be partly removed by Congress permitting them to receive slaves from the other States, which, by dividing that evil, would lessen its danger; 2, the administration of justice in our forms, principles, & language, with all of which they are unacquainted, & are the more abhorrent, because of the enormous expense, greatly exaggerated by the corruption of bankrupt & greedy lawyers, who have gone there from the Ud S. & engrossed the practice; 3, the call on them by the land commissioners to produce the t.i.tles of their lands. The object of this is really to record & secure their rights. But as many of them hold on rights so ancient that the t.i.tle papers are lost, they expect the land is to be taken from them wherever they cannot produce a regular deduction of t.i.tle in writing. In this they will be undeceived by the final result, which will evince to them a liberal disposition of the government towards them. Among the American inhabitants it is the old division of federalists & republicans. The former are as hostile there as they are everywhere, & are the most numerous & wealthy. They have been long endeavoring to batter down the Governor, who has always been a firm republican. There were characters superior to him whom I wished to appoint, but they refused the office: I know no better man who would accept of it, and it would not be right to turn him out for one not better. But it is the 2d. cause, above mentioned, which is deep- seated & permanent. The French members of the Legislature, being the majority in both Houses, lately pa.s.sed an act declaring that the civil, or French laws, should be the laws of their land, and enumerated about 50 folio volumes, in Latin, as the depositories of these laws. The Governor negatived the act. One of the houses thereupon pa.s.sed a vote for self- dissolution of the Legislature as a useless body, which failed in the other House by a single vote only. They separated, however, & have disseminated all the discontent they could. I propose to the members of Congress in conversation, the enlisting 30,000 volunteers, Americans by birth, to be carried at the public expense, & settled immediately on a bounty of 160 acres of land each, on the west side of the Mississippi, on the condition of giving two years of military service, if that country should be attacked within 7 years. The defence of the country would thus be placed on the spot, and the additional number would ent.i.tle the territory to become a State, would make the majority American, & make it an American instead of a French State. This would not sweeten the pill to the French; but in making that acquisition we had some view to our own good as well as theirs, and I believe the greatest good of both will be promoted by whatever will amalgamate us together.

I have tired you, my friend, with a long letter. But your tedium will end in a few lines more. Mine has yet two years to endure. I am tired of an office where I can do no more good than many others, who would be glad to be employed in it. To myself, personally, it brings nothing but unceasing drudgery & daily loss of friends. Every office becoming vacant, every appointment made, me donne un ingrat, et cent ennemis. My only consolation is in the belief that my fellow citizens at large give me credit for good intentions. I will certainly endeavor to merit the continuance of that good-will which follows well-intended actions, and their approbation will be the dearest reward I can carry into retirement.

G.o.d bless you, my excellent friend, and give you yet many healthy and happy years.

LAWS OF VIRGINIA.

To William Waller Hening Washington, January 14, 1807 1807011.

SIR, -- Your letter of Dec. 26th, was received in due time. The only object I had in making my collection of the laws of Virginia, was to save all those for the Public which were not then already lost, in the hope that at some future day they might be republished. Whether this be by public or private enterprise, my end will be equally answered. The work divides itself into two very distinct parts; to wit, the printed and the unprinted laws. The former begin in 1682, (Purvis' collection.) My collection of these is in strong volumes, well bound, and therefore may safely be transported anywhere. Any of these volumes which you do not possess, are at your service for the purpose of republication, but the unprinted laws are dispersed through many MS. volumes, several of them so decayed that the leaf can never be opened but once without falling into powder. These can never bear removal further than from their shelf to a table. They are, as well as I recollect, from 1622 downwards. formerly made such a digest of their order, and the volumes where they are to be found, that, under my own superintendence, they could be copied with once handling. More they would not bear. Hence the impracticability of their being copied but at Monticello. But independent of them, the printed laws, beginning in 1682, with all our former printed collections, will be a most valuable publication, & sufficiently distinct. I shall have no doubt of the exactness of your part of the work, but I hope you will take measures for having the typography & paper worthy of the work. I am lead to this caution by the scandalous volume of our laws printed by Pleasants in 1803, & those by Davis, in 1796 were little better; both unworthy the history of Tom Thumb. You can have them better & cheaper printed anywhere north of Richmond. Accept my salutations & a.s.surances of respect.

LESSONS OF THE BURR CONSPIRACY.

To Governor William C. C. Claiborne Washington, February 3, 1807 1807020.

DEAR SIR, -- I pray you to read the enclosed letter, to seal and deliver it. It explains itself so fully, that I need say nothing. I am sincerely concerned for Mr. Reibelt, who is a man of excellent understanding and extensive science. If you had any academical berth, he would be much better fitted for thatthan for the bustling business of life. I enclose to General Wilkinson my message of January 22d. I presume, however, you will have seen it in the papers. It gives the history of Burr's conspiracy, all but the last chapter, which will, I hope, be that of his capture before this time, at Natchez. Your situations have been difficult, and we judge of the merit of our agents there by the magnitude of the danger as it appeared to them, not as it was known to us. On great occasions every good officer must be ready to risk himself in going beyond the strict line of law, when the public preservation requires it; his motives will be a justification as far as there is any discretion in his ultra-legal proceedings, and no indulgence of private feelings. On the whole, this squall, by showing with what ease our government suppresses movements which in other countries requires armies, has greatly increased its strength by increasing the public confidence in it. It has been a wholesome lesson too to our citizens, of the necessary obedience to their government. The Feds, and the little band of Quids, in opposition, will try to make something of the infringement of liberty by the military arrest and deportation of citizens, but if it does not go beyond such offenders as Swartwout, Bollman, Burr, Blennerha.s.set, Tyler, &c., they will be supported by the public approbation. Accept my friendly salutations, and a.s.surances of esteem and respect.

THE BURR TRIAL.

To William Branch Giles Monticello, April 20, 1807 1807042.

DEAR SIR, -- Your favor of the 6th, on the subject of Burr's offences, was received only 4 days ago. That there should be anxiety & doubt in the public mind, in the present defective state of the proof, is not wonderful; and this has been sedulously encouraged by the tricks of the judges to force trials before it is possible to collect the evidence, dispersed through a line of 2000 miles from Maine to Orleans. The federalists, too, give all their aid, making Burr's cause their own, mortified only that he did not separate the Union or overturn the government, & proving, that had he had a little dawn of success, they would have joined him to introduce his object, their favorite monarchy, as they would any other enemy, foreign or domestic, who could rid them of this hateful republic for any other government in exchange.

The first ground of complaint was the supine inattention of the administration to a treason stalking through the land in open day. The present one, that they have crushed it before it was ripe for execution, so that no overt acts can be produced. This last may be true; tho' I believe it is not. Our information having been chiefly by way of letter, we do not know of a certainty yet what will be proved. We have set on foot an inquiry through the whole of the country which has been the scene of these transactions, to be able to prove to the courts, if they will give time, or to the public by way of communication to Congress, what the real facts have been. For obtaining this, we are obliged to appeal to the patriotism of particular persons in different places, of whom we have requested to make the inquiry in their neighborhood, and on such information as shall be voluntarily offered. Aided by no process or facilities from the federal courts, but frowned on by their new born zeal for the liberty of those whom we would not permit to overthrow the liberties of their country, we can expect no revealments from the accomplices of the chief offender. Of treasonable intentions, the judges have been obliged to confess there is probable appearance. What loophole they will find in it, when it comes to trial, we cannot foresee. Eaton, Stoddart, Wilkinson, and two others whom I must not name, will satisfy the world, if not the judges, on that head. And I do suppose the following overt acts will be proved. 1. The enlistment of men in a regular way. 2. The regular mounting of guard round Blennerha.s.sett's island when they expected Governor Tiffin's men to be on them, modo guerrino arraiali. 3. The rendezvous of Burr with his men at the mouth of the c.u.mberland. 4. His letter to the acting Governor of Mississippi, holding up the prospect of civil war. 5. His capitulation regularly signed with the aids of the Governor, as between two independent & hostile commanders.

But a moment's calculation will shew that this evidence cannot be collected under 4 months, probably 5. from the moment of deciding when & where the trial shall be. I desired Mr. Rodney expressly to inform the Chief Justice of this, inofficially. But Mr. Marshall says, "more than 5 weeks have elapsed since the opinion of the Supreme court has declared the necessity of proving the overt acts, if they exist. Why are they not proved?" In what terms of decency can we speak of this? As if an express could go to Natchez, or the mouth of c.u.mberland, & return in 5 weeks, to do which has never taken less than twelve. Again, "If, in Nov. or Dec. last, a body of troops had been a.s.sembled on the Ohio, it is impossible to suppose the affidavits establishing the fact could not have been obtained by the last of March." But I ask the judge where they should have been lodged? At Frankfort? at Cincinnati? at Nashville? St. Louis? Natchez? New Orleans? These were the probable places of apprehension & examination. It was not known at Washington till the 26th of March that Burr would escape from the Western tribunals, be retaken & brought to an Eastern one; and in 5 days after, (neither 5. months nor 5. weeks, as the judge calculated,) he says, it is "impossible to suppose the affidavits could not have been obtained." Where? At Richmond he certainly meant, or meant only to throw dust in the eyes of his audience. But all the principles of law are to be perverted which would bear on the favorite offenders who endeavor to overrun this odious Republic. "I understand," sais the judge, "probable cause of guilt to be a case made out by proof furnishing good reason to believe," &c. Speaking as a lawyer, he must mean legal proof, i. e., proof on oath, at least. But this is confounding probability and proof. We had always before understood that where there was reasonable ground to believe guilt, the offender must be put on his trial. That guilty intentions were probable, the judge believed. And as to the overt acts, were not the bundle of letters of information in Mr. Rodney's hands, the letters and facts published in the local newspapers, Burr's flight, & the universal belief or rumor of his guilt, probable ground for presuming the facts of enlistment, military guard, rendezvous, threats of civil war, or capitulation, so as to put him on trial? Is there a candid man in the U S who does not believe some one, if not all, of these overt acts to have taken place?

If there ever had been an instance in this or the preceding administrations, of federal judges so applying principles of law as to condemn a federal or acquit a republican offender, I should have judged them in the present case with more charity. All this, however, will work well. The nation will judge both the offender & judges for themselves. If a member of the Executive or Legislature does wrong, the day is never far distant when the people will remove him. They will see then & amend the error in our Const.i.tution, which makes any branch independent of the nation. They will see that one of the great co-ordinate branches of the government, setting itself in opposition to the other two, and to the common sense of the nation, proclaims impunity to that cla.s.s of offenders which endeavors to overturn the Const.i.tution, and are themselves protected in it by the Const.i.tution itself; for impeachment is a farce which will not be tried again. If their protection of Burr produces this amendment, it will do more good than his condemnation would have done. Against Burr, personally, I never had one hostile sentiment. I never indeed thought him an honest, frank-dealing man, but considered him as a crooked gun, or other perverted machine, whose aim or stroke you could never be sure of. Still, while he possessed the confidence of the nation, thought it my duty to respect in him their confidence, & to treat him as if he deserved it; and if this punishment can be commuted now for any useful amendment of the Const.i.tution, shall rejoice in it. My sheet being full, I perceive it is high time to offer you my friendly salutations, and a.s.sure you of my constant and affectionate esteem and respect.

HISTORY, HUME, AND THE PRESS.

To John Norvell Washington, June 14, 1807 1807061.

SIR, -- Your letter of May 9 has been duly received. The subject it proposes would require time & s.p.a.ce for even moderate development. My occupations limit me to a very short notice of them. I think there does not exist a good elementary work on the organization of society into civil government: I mean a work which presents in one full & comprehensive view the system of principles on which such an organization should be founded, according to the rights of nature. For want of a single work of that character, I should recommend Locke on Government, Sidney, Priestley's Essay on the first Principles of Government, Chipman's Principles of Government, & the Federalist. Adding, perhaps, Beccaria on crimes & punishments, because of the demonstrative manner in which he has treated that branch of the subject. If your views of political inquiry go further, to the subjects of money & commerce, Smith's Wealth of Nations is the best book to be read, unless Say's Political Economy can be had, which treats the same subject on the same principles, but in a shorter compa.s.s & more lucid manner. But I believe this work has not been translated into our language.

History, in general, only informs us what bad government is. But as we have employed some of the best materials of the British const.i.tution in the construction of our own government, a knolege of British history becomes useful to the American politician. There is, however, no general history of that country which can be recommended. The elegant one of Hume seems intended to disguise & discredit the good principles of the government, and is so plausible & pleasing in it's style & manner, as to instil it's errors & heresies insensibly into the minds of unwary readers. Baxter has performed a good operation on it. He has taken the text of Hume as his ground work, abridging it by the omission of some details of little interest, and wherever he has found him endeavoring to mislead, by either the suppression of a truth or by giving it a false coloring, he has changed the text to what it should be, so that we may properly call it Hume's history republicanised. He has moreover continued the history (but indifferently) from where Hume left it, to the year 1800. The work is not popular in England, because it is republican; and but a few copies have ever reached America. It is a single 4to. volume. Adding to this Ludlow's Memoirs, Mrs. M'Cauley's & Belknap's histories, a sufficient view will be presented of the free principles of the English const.i.tution.

To your request of my opinion of the manner in which a newspaper should be conducted, so as to be most useful, I should answer, 'by restraining it to true facts & sound principles only.' Yet I fear such a paper would find few subscribers. It is a melancholy truth, that a suppression of the press could not more compleatly deprive the nation of it's benefits, than is done by it's abandoned prost.i.tution to falsehood. Nothing can now be believed which is seen in a newspaper. Truth itself becomes suspicious by being put into that polluted vehicle. The real extent of this state of misinformation is known only to those who are in situations to confront facts within their knolege with the lies of the day. I really look with commiseration over the great body of my fellow citizens, who, reading newspapers, live & die in the belief, that they have known something of what has been pa.s.sing in the world in their time; whereas the accounts they have read in newspapers are just as true a history of any other period of the world as of the present, except that the real names of the day are affixed to their fables. General facts may indeed be collected from them, such as that Europe is now at war, that Bonaparte has been a successful warrior, that he has subjected a great portion of Europe to his will, &c., &c.; but no details can be relied on. I will add, that the man who never looks into a newspaper is better informed than he who reads them; inasmuch as he who knows nothing is nearer to truth than he whose mind is filled with falsehoods & errors. He who reads nothing will still learn the great facts, and the details are all false.

Perhaps an editor might begin a reformation in some such way as this. Divide his paper into 4 chapters, heading the 1st, Truths. 2d, Probabilities. 3d, Possibilities. 4th, Lies. The first chapter would be very short, as it would contain little more than authentic papers, and information from such sources, as the editor would be willing to risk his own reputation for their truth. The 2d would contain what, from a mature consideration of all circ.u.mstances, his judgment should conclude to be probably true. This, however, should rather contain too little than too much. The 3d & 4th should be professedly for those readers who would rather have lies for their money than the blank paper they would occupy.

Such an editor too, would have to set his face against the demoralising practice of feeding the public mind habitually on slander, & the depravity of taste which this nauseous aliment induces. Defamation is becoming a necessary of life; insomuch, that a dish of tea in the morning or evening cannot be digested without this stimulant. Even those who do not believe these abominations, still read them with complaisance to their auditors, and instead of the abhorrence & indignation which should fill a virtuous mind, betray a secret pleasure in the possibility that some may believe them, tho they do not themselves. It seems to escape them, that it is not he who prints, but he who pays for printing a slander, who is it's real author.

These thoughts on the subjects of your letter are hazarded at your request. Repeated instances of the publication of what has not been intended for the public eye, and the malignity with which political enemies torture every sentence from me into meanings imagined by their own wickedness only, justify my expressing a solicitude, that this hasty communication may in nowise be permitted to find it's way into the public papers. Not fearing these political bull-dogs, I yet avoid putting myself in the way of being baited by them, and do not wish to volunteer away that portion of tranquillity, which a firm execution of my duties will permit me to enjoy.

I tender you my salutations, and best wishes for your success.

A SUBPOENA FOR THE PRESIDENT.

To George Hay Washington, June 20, 1807 1807062.

DEAR SIR, -- Mr. Latrobe now comes on as a witness against Burr. His presence here is with great inconvenience dispensed with, as 150 workmen require his constant directions on various public works of pressing importance. I hope you will permit him to come away as soon as possible. How far his testimony will be important as to the prisoner, I know not; but am desirous that those meetings of Yrujo with Burr and his princ.i.p.al accomplices, should come fully out, and judicially, as they will establish the just complaints we have against his nation.

I did not see till last night the opinion of the Judge on the subpoena duces tec.u.m against the President. Considering the question there as coram non judice, I did not read his argument with much attention. Yet I saw readily enough, that, as is usual where an opinion is to be supported, right or wrong, he dwells much on smaller objections, and pa.s.ses over those which are solid. Laying down the position generally, that all persons owe obedience to subpoenas, he admits no exception unless it can be produced in his law books. But if the Const.i.tution enjoins on a particular officer to be always engaged in a particular set of duties imposed on him, does not this supersede the general law, subjecting him to minor duties inconsistent with these? The Const.i.tution enjoins his constant agency in the concerns of 6. millions of people. Is the law paramount to this, which calls on him on behalf of a single one? Let us apply the Judge's own doctrine to the case of himself & his brethren. The sheriff of Henrico summons him from the bench, to quell a riot somewhere in his county. The federal judge is, by the general law, a part of the posse of the State sheriff. Would the Judge abandon major duties to perform lesser ones? Again; the court of Orleans or Maine commands, by subpoenas, the attendance of all the judges of the Supreme Court. Would they abandon their posts as judges, and the interests of millions committed to them, to serve the purposes of a single individual? The leading principle of our Const.i.tution is the independence of the Legislature, executive and judiciary of each other, and none are more jealous of this than the judiciary. But would the executive be independent of the judiciary, if he were subject to the commands of the latter, & to imprisonment for disobedience; if the several courts could bandy him from pillar to post, keep him constantly trudging from north to south & east to west, and withdraw him entirely from his const.i.tutional duties? The intention of the Const.i.tution, that each branch should be independent of the others, is further manifested by the means it has furnished to each, to protect itself from enterprises of force attempted on them by the others, and to none has it given more effectual or diversified means than to the executive. Again; because ministers can go into a court in London as witnesses, without interruption to their executive duties, it is inferred that they would go to a court 1000. or 1500. miles off, and that ours are to be dragged from Maine to Orleans by every criminal who will swear that their testimony 'may be of use to him.' The Judge says, 'it is apparent that the President's duties as chief magistrate do not demand his whole time, & are not unremitting.' If he alludes to our annual retirement from the seat of government, during the sickly season, he should be told that such arrangements are made for carrying on the public business, at and between the several stations we take, that it goes on as unremittingly there, as if we were at the seat of government. I pa.s.s more hours in public business at Monticello than I do here, every day; and it is much more laborious, because all must be done in writing. Our stations being known, all communications come to them regularly, as to fixed points. It would be very different were we always on the road, or placed in the noisy & crowdedtaverns where courts are held. Mr. Rodney is expected here every hour, having been kept away by a sick child.

I salute you with friendship and respect.

"UNLEARNED VIEWS OF MEDICINE".

To Dr. Caspar Wistar Washington, June 21, 1807 1807062.

DEAR SIR, -- I have a grandson, the son of Mr. Randolph, now about 15 years of age, in whose education I take a lively interest. His time has not hitherto been employed to the greatest advantage, a frequent change of tutors having prevented the steady pursuit of any one plan. Whether he possesses that lively imagination, usually called genius, I have not had opportunities of knowing. But I think he has an observing mind & sound judgment. He is a.s.siduous, orderly, & of the most amiable temper & dispositions. As he will be at ease in point of property, his education is not directed to any particular possession, but will embrace those sciences which give to retired life usefulness, ornament or amus.e.m.e.nt. I am not a friend to placing growing men in populous cities, because they acquire there habits & partialities which do not contribute to the happiness of their after life. But there are particular branches of science, which are not so advantageously taught anywhere else in the U.S. as in Philadelphia. The garden at the Woodlands for Botany, Mr. Peale's Museum for Natural History, your Medical school for Anatomy, and the able professors in all of them, give advantages not to be found elsewhere. We propose, therefore, to send him to Philadelphia to attend the schools of Botany, Natural History, Anatomy, & perhaps Surgery; but not of Medicine. And why not of Medicine, you will ask? Being led to the subject, will avail myself of the occasion to express my opinions on that science, and the extent of my medical creed. But, to finish first with respect to my grandson, I will state the favor I ask of you, which is the object of this letter.

Having been born & brought up in a mountainous & healthy country, we should be unwilling he should go to Philadelphia until the autumnal diseases cease. It is important therefore for us to know, at what period after that, the courses of lectures in Natural history, Botany, Chemistry, Anatomy & Surgery begin and end, and what days or hours they occupy? The object of this is that we may be able so to marshal his pursuits as to bring their accomplishment within the shortest s.p.a.ce practicable. I shall write to Doctor Barton for information as to the courses of natural history & botany but not having a sufficient acquaintance with professors of chemistry & surgery, if you can add the information respecting their school to that of your own, I shall be much obliged to you. What too are the usual terms of boarding? What the compensations to professors? And can you give me a conjectural estimate of other necessary expenses? In these we do not propose to indulge him beyond what is necessary, decent, & usual, because all beyond that leads to dissipation & idleness, to which, at present, he has no propensities. I think Mr. Peale has not been in the habit of receiving a boarder. His house & family would, of themselves, be a school of virtue & instruction; & hours of leisure there would be as improving as busy ones elsewhere. But I say this only on the possibility of so desirable a location for him, and not with the wish that the thought should become known to Mr. Peale, unless some former precedent should justify it's suggestion to him. I am laying a heavy tax on your busy time, but I think your goodness will pardon it in consideration of it's bearing on my happiness.

This subject dismissed, I may now take up that which it led to, and further tax your patience with unlearned views of medicine; which, as in most cases, are, perhaps, the more confident in proportion as they are less enlightened.

We know, from what we see & feel, that the animal body in it's organs and functions is subject to derangement, inducing pain, & tending to it's destruction. In this disordered state, we observe nature providing for the re- establishment of order, by exciting some salutary evacuation of the morbific matter, or by some other operation which escapes our imperfect senses and researches. She brings on a crisis, by stools, vomiting, sweat, urine, expectoration, bleeding, &c., which, for the most part, ends in the restoration of healthy action. Experience has taught us, also, that there are certain substances, by which, applied to the living body, internally or externally, we can at will produce these same evacuations, and thus do, in a short time, what nature would do but slowly, and do effectually, what perhaps she would not have strength to accomplish. Where, then, we have seen a disease, characterized by specific signs or phenomena, and relieved by a certain natural evacuation or process, whenever that disease recurs under the same appearances, we may reasonably count on producing a solution of it, by the use of such substances as we have found produce the same evacuation or movement. Thus, fulness of the stomach we can relieve by emetics; diseases of the bowels, by purgatives; inflammatory cases, by bleeding; intermittents, by the Peruvian bark; syphilis, by mercury: watchfulness, by opium; &c. So far, I bow to the utility of medicine. It goes to the well-defined forms of disease, & happily, to those the most frequent. But the disorders of the animal body, & the symptoms indicating them, are as various as the elements of which the body is composed. The combinations, too, of these symptoms are so infinitely diversified, that many a.s.sociations of them appear too rarely to establish a definite disease; and to an unknown disease, there cannot be a known remedy. Here then, the judicious, the moral, the humane physician should stop. Having been so often a witness to the salutary efforts which nature makes to re-establish the disordered functions, he should rather trust to their action, than hazard the interruption of that, and a greater derangement of the system, by conjectural experiments on a machine so complicated & so unknown as the human body, & a subject so sacred as human life. Or, ifthe appearance of doing something be necessary to keep alive the hope & spirits of the patient, it should be of the most innocent character. One of the most successful physicians I have ever known, has a.s.sured me, that he used more bread pills, drops of colored water, & powders of hickory ashes, than of all other medicines put together. It was certainly a pious fraud. But the adventurous physician goes on, & subst.i.tutes presumption for knolege. From the scanty field of what is known, he launches into the boundless region of what is unknown. He establishes for his guide some fanciful theory of corpuscular attraction, of chemical agency, of mechanical powers, of stimuli, of irritability acc.u.mulated or exhausted, of depletion by the lancet & repletion by mercury, or some other ingenious dream, which lets him into all nature's secrets at short hand. On the principle which he thus a.s.sumes, he forms his table of nosology, arrays his diseases into families, and extends his curative treatment, by a.n.a.logy, to all the cases he has thus arbitrarily marshalled together. I have lived myself to see the disciples of Hoffman, Boerhaave, Stalh, Cullen, Brown, succeed one another like the shifting figures of a magic lantern, & their fancies, like the dresses of the annual doll-babies from Paris, becoming, from their novelty, the vogue of the day, and yielding to the next novelty their ephemeral favor. The patient, treated on the fashionable theory, sometimes gets well in spite of the medicine. The medicine therefore restored him, & the young doctor receives new courage to proceed in his bold experiments on the lives of his fellow creatures. I believe we may safely affirm, that the inexperienced & presumptuous band of medical tyros let loose upon the world, destroys more of human life in one year, than all the Robinhoods, Cartouches, & Macheaths do in a century. It is in this part of medicine that wish to see a reform, an abandonment of hypothesis for sober facts, the first degree of value set on clinical observation, and the lowest on visionary theories. I would wish the young pract.i.tioner, especially, to have deeply impressed on his mind, the real limits of his art, & that when the state of his patient gets beyond these, his office is to be a watchful, but quiet spectator of the operations of nature, giving them fair play by a well- regulated regimen, & by all the aid they can derive from the excitement of good spirits & hope in the patient. I have no doubt, that some diseases not yet understood may in time be transferred to the table of those known. But, were I a physician, I would rather leave the transfer to the slow hand of accident, than hasten it by guilty experiments on those who put their lives into my hands. The only sure foundations of medicine are, an intimate knolege of the human body, and observation on the effects of medicinal substances on that. The anatomical & clinical schools, therefore, are those in which the young physician should be formed. If he enters with innocence that of the theory of medicine, it is scarcely possible he should come out untainted with error. His mind must be strong indeed, if, rising above juvenile credulity, it can maintain a wise infidelity against the authority of his instructors, & the bewitching delusions of their theories. You see that I estimate justly that portion of instruction which our medical students derive from your labors; &, a.s.sociating with it one of the chairs which my old & able friend, Doctor Rush, so honorably fills, I consider them as the two fundamental pillars of the edifice. Indeed, I have such an opinion of the talents of the professors in the other branches which const.i.tute the school of medicine with you, as to hope & believe, that it is from this side of the Atlantic, that Europe, which has taught us so many other things, will at length be led into sound principles in this branch of science, the most important of all others, being that to which we commit the care of health & life.

I dare say, that by this time, you are sufficiently sensible that old heads as well as young, may sometimes be charged with ignorance and presumption. The natural course of the human mind is certainly from credulity to scepticism; and this is perhaps the most favorable apology I can make for venturing so far out of my depth, & to one too, to whom the strong as well as the weak points of this science are so familiar. But having stumbled on the subject in my way, I wished to give a confession of my faith to a friend; & the rather, as had perhaps, at time, to him as well as others, expressed my scepticism in medicine, without defining it's extent or foundation. At any rate, it has permitted me, for a moment, to abstract myself from the dry & dreary waste of politics, into which I have been impressed by the times on which I happened, and to indulge in the rich fields of nature, where alone I should have served as a volunteer, if left to my natural inclinations & partialities.

I salute you at all times with affection & respect.

TORPEDOES AND SUBMARINES.

To Robert Fulton Monticello, August 16, 1807 1807081.

SIR, -- Your letter of July 28, came to hand just as was about leaving Washington, & it has not been sooner in my power to acknolege it. I consider your torpedoes as very valuable means of defence of harbors, & have no doubt that we should adopt them to a considerable degree. Not that I go the whole length (as I believe you do) of considering them as solely to be relied on. Neither a nation nor those entrusted with it's affairs, could be justifiable, however sanguine their expectations, in trusting solely to an engine not yet sufficiently tried, under all the circ.u.mstances which may occur, & against which we know not as yet what means of parrying may be devised. If, indeed, the mode of attaching them to the cable of a ship be the only one proposed, modes of prevention cannot be difficult. But I have ever looked to the submarine boat as most to be depended on for attaching them, & tho' I see no mention of it in your letter, or your publications, I am in hopes it is not abandoned as impracticable. I should wish to see a corps of young men trained to this service. It would belong to the engineers if at land, but being nautical, I suppose we must have a corps of naval engineers, to practise & use them. I do not know whether we have authority to put any part of our existing naval establishment in a course of training, but it shall be the subject of a consultation with the Secretary of the Navy. Genl Dearborne has informed you of the urgency of our want of you at N Orleans for the locks there.

I salute you with great respect & esteem.

RELIGIOUS FREEDOM.

To Rev. Samuel Miller Washington, Jan. 23, 1808 1808012.

SIR, -- I have duly received your favor of the 18th and am thankful to you for having written it, because it is more agreeable to prevent than to refuse what I do not think myself authorized to comply with. I consider the government of the U S. as interdicted by the Const.i.tution from intermeddling with religious inst.i.tutions, their doctrines, discipline, or exercises. This results not only from the provision that no lawshall be made respecting the establishment, or free exercise, of religion, but from that also which reserves to the states the powers not delegated to the U.S. Certainly no power to prescribe any religious exercise, or to a.s.sume authority in religious discipline, has been delegated to the general government. It must then rest with the states, as far as it can be in any human authority. But it is only proposed that I should recommend, not prescribe a day of fasting & prayer. That is, that I should indirectly a.s.sume to the U.S. an authority over religious exercises which the Const.i.tution has directly precluded them from. It must be meant too that this recommendation is to carry some authority, and to be sanctioned by some penalty on those who disregard it; not indeed of fine and imprisonment, but of some degree of proscription perhaps in public opinion. And does the change in the nature of the penalty make the recommendation the less a law of conduct for those to whom it is directed? I do not believe it is for the interest of religion to invite the civil magistrate to direct it's exercises, it's discipline, or it's doctrines; nor of the religious societies that the general government should be invested with the power of effecting any uniformity of time or matter among them. Fasting & prayer are religious exercises. The enjoining them an act of discipline. Every religious society has a right to determine for itself the times for these exercises, & the objects proper for them, according to their own particular tenets; and this right can never be safer than in their own hands, where the const.i.tution has deposited it.

I am aware that the practice of my predecessors may be quoted. But I have ever believed that the example of state executives led to the a.s.sumption of that authority by the general government, without due examination, which would have discovered that what might be a right in a state government, was a violation of that right when a.s.sumed by another. Be this as it may, every one must act according to the dictates of his own reason, & mine tells me that civil powers alone have been given to the President of the U S. and no authority to direct the religious exercises of his const.i.tuents.

I again express my satisfaction that you have been so good as to give me an opportunity of explaining myself in a private letter, in which I could give my reasons more in detail than might have been done in a public answer: and I pray you to accept the a.s.surances of my high esteem & respect.

"SUBJECTS FOR A MAD-HOUSE".

To Dr. Thomas Leib Washington, June 23, 1808 1808062.

SIR, -- I have duly received your favor covering a copy of the talk to the Tammany society, for which I thank you, and particularly for the favorable sentiments expressed towards myself. Certainly, nothing will so much sweeten the tranquillity and comfort of retirement, as the knoledge that I carry with me the good will & approbation of my republican fellow citizens, and especially of the individuals in unison with whom I have so long acted. With respect to the federalists, I believe we think alike; for when speaking of them, we never mean to include a worthy portion of our fellow citizens, who consider themselves as in duty bound to support the const.i.tuted authorities of every branch, and to reserve their opposition to the period of election. These having acquired the appellation of federalists, while a federal administration was in place, have not cared about throwing off their name, but adhering to their principle, are the supporters of the present order of things. The other branch of the federalists, those who are so in principle as well as in name, disapprove of the republican principles & features of our Const.i.tution, and would, I believe, welcome any public calamity (war with England excepted) which might lessen the confidence of our country in those principles & forms. I have generally considered them rather as subjects for a mad-house. But they are now playing a game of the most mischevious tendency, without perhaps being themselves aware of it. They are endeavoring to convince England that we suffer more by the embargo than they do, & that if they will but hold out awhile, we must abandon it. It is true, the time will come when we must abandon it. But if this is before the repeal of the orders of council, we must abandon it only for a state of war. The day is not distant, when that will be preferable to a longer continuance of the embargo. But we can never remove that, & let our vessels go out & be taken under these orders, without making reprisal. Yet this is the very state of things which these federal monarchists are endeavoring to bring about; and in this it is but too possible they may succeed. But the fact is, that if we have war with England, it will be solely produced by their manoeuvres. I think that in two or three months we shall know what will be the issue.

I salute you with esteem & respect.

BONES FOR THE NATIONAL INSt.i.tUTE.

To Lacep de, with a Catalogue Washington, July 14, 1808 1808071.

SIR, -- If my recollection does not deceive me, the collection of the remains of the animal incognitum of the Ohio (sometimes called mammoth), possessed by the Cabinet of Natural History at Paris, is not very copious. Under this impression, and presuming that this Cabinet is allied to the National Inst.i.tute, to which I am desirous of rendering some service, have lately availed myself of an opportunity of collecting some of those remains. General Clarke (the companion of Governor Lewis in his expedition to the Pacific Ocean) being,on a late journey, to pa.s.s by the Big-bone Lick of the Ohio, was kind enough to undertake to employ for me a number of laborers, and to direct their operations in digging for these bones at this important deposit of them. The result of these researches will appear in the enclosed catalogue of specimens which I am now able to place at the disposal of the National Inst.i.tute. An aviso being to leave this place for some port of France on public service, I deliver the packages to Captain Haley, to be deposited with the Consul of the United States, at whatever port he may land. They are addressed to Mr. Warden of our legation at Paris, for the National Inst.i.tute, and he will have the honor of delivering them. To these I have added the horns of an animal called by the natives the Mountain Ram, resembling the sheep by his head, but more nearly the deer in his other parts; as also the skin of another animal, resembling the sheep by his fleece but the goat in his other parts. This is called by the natives the Fleecy Goat, or in thestyle of the natural historian, the Pokotragos. I suspect it to be nearly related to the Pacos, and were we to group the fleecy animals together, it would stand perhaps with the Vigogne, Pacos, and Sheep. The Mountain Ram was found in abundance by Messrs. Lewis and Clarke on their western tour, and was frequently an article of food for their party, and esteemed more delicate than the deer. The Fleecy Goat they did not see, but procured two skins from the Indians, of which this is one. Their description will be given in the work of Governor Lewis, the journal and geographical part of which may be soon expected from the press; but the parts relating to the plants and animals observed in his tour, will be delayed by the engravings. In the meantime, the plants of which he brought seeds, have been very successfully raised in the botanical garden of Mr. Hamilton of the Woodlands, and by Mr. McMahon, a gardener of Philadelphia; and on the whole, it is with pleasure I can a.s.sure you that the addition to our knowledge in every department, resulting from this tour of Messrs. Lewis and Clarke, has entirely fulfilled my expectations in setting it on foot, and that the world will find that those travellers have well earned its favor. I will take care that the Inst.i.tute as well as yourself shall receive Governor Lewis's work as it appears.

It is with pleasure I embrace this occasion of returning you my thanks for the favor of your very valuable works, sur les poissons et les cetacees, which you were so kind as to send me through Mr. Livingston and General Turreau, and which I find entirely worthy of your high reputation in the literary world. That I have not sooner made this acknowledgment has not proceeded from any want of respect and attachment to yourself, or a just value of your estimable present, but from the strong and incessant calls of duty to other objects. The candor of your character gives me confidence of your indulgence on this head, and I a.s.sure you with truth that no circ.u.mstances are more welcome to me than those which give me the occasion of recalling myself to your recollection, and of renewing to you the a.s.surances of sincere personal attachment, and of great respect and consideration.

Contents of the large square Box.

A Fibia.

A Radius.

Two ribs belonging to the upper part of the thorax.

Two ribs from a lower part of the tho