The Writings of Thomas Jefferson, Vol. 6 (of 9)

TO JUDGE TYLER

Monticello, June 17, 1812.

Dear Sir,—* * * * *

On the other subject of your letter, the application of the common law to our present situation, I deride with you the ordinary doctrine, that we brought with us from England the common law rights. This narrow notion was a favorite in the first moment of rallying to our rights against Great Britain. But it was that of men who felt their rights before they had thought of their explanation. The truth is, that we brought with us the rights of men; of expatriated men. On our arrival here, the question would at once arise, by what law will we govern ourselves? The resolution seems to have been, by that system with which we are familiar, to be altered by ourselves occasionally, and adapted to our new situation. The proofs of this resolution are to be found in the form of the oaths of the judges, 1. Hening's Stat. 169. 187; of the Governor, ib. 504; in the act for a provisional government, ib. 372; in the preamble to the laws of 1661-2; the uniform current of opinions and decisions, and in the general recognition of all our statutes, framed on that basis. But the state of the English law at the date of our emigration, constituted the system adopted here. We may doubt, therefore, the propriety of quoting in our courts English authorities subsequent to that adoption; still more, the admission of authorities posterior to the Declaration of Independence, or rather to the accession of that King, whose reign, ab initio, was the very tissue of wrongs which rendered the Declaration at length necessary. The reason for it had inception at least as far back as the commencement of his reign. This relation to the beginning of his reign, would add the advantage of getting us rid of all Mansfield's innovations, or civilizations of the common law. For however I admit the superiority of the civil over the common law code, as a system of perfect justice, yet an incorporation of the two would be like Nebuchadnezzar's image of metals and clay, a thing without cohesion of parts. The only natural improvement of the common law, is through its homogeneous ally, the chancery, in which new principles are to be examined, concocted and digested. But when, by repeated decisions and modifications, they are rendered pure and certain, they should be transferred by statute to the courts of common law, and placed within the pale of juries. The exclusion from the courts of the malign influence of all authorities after the Georgium sidus became ascendant, would uncanonize Blackstone, whose book, although the most elegant and best digested of our law catalogue, has been perverted more than all others, to the degeneracy of legal science. A student finds there a smattering of everything, and his indolence easily persuades him that if he understands that book, he is master of the whole body of the law. The distinction between these, and those who have drawn their stores from the deep and rich mines of Coke Littleton, seems well understood even by the unlettered common people, who apply the appellation of Blackstone lawyers to these ephemeral insects of the law.

Whether we should undertake to reduce the common law, our own, and so much of the English statutes as we have adopted, to a text, is a question of transcendent difficulty. It was discussed at the first meeting of the committee of the revised code, in 1776, and decided in the negative, by the opinions of Wythe, Mason and myself, against Pendleton and Thomas Lee. Pendleton proposed to take Blackstone for that text, only purging him of what was inapplicable or unsuitable to us. In that case, the meaning of every word of Blackstone would have become a source of litigation, until it had been settled by repeated legal decisions. And to come at that meaning, we should have had produced, on all occasions, that very pile of authorities from which it would be said he drew his conclusion, and which, of course, would explain it, and the terms in which it is couched. Thus we should have retained the same chaos of law-lore from which we wished to be emancipated, added to the evils of the uncertainty which a new text and new phrases would have generated. An example of this may be found in the old statutes, and commentaries on them, in Coke's second institute, but more remarkably in the institute of Justinian, and the vast masses explanatory or supplementary of that which fill the libraries of the civilians. We were deterred from the attempt by these considerations, added to which, the bustle of the times did not admit leisure for such an undertaking.

Your request of my opinion on this subject has given you the trouble of these observations. If your firmer mind in encountering difficulties would have added your vote to the minority of the committee, you would have had on your side one of the greatest men of our age, and like him, have detracted nothing from the sentiments of esteem and respect which I bore to him, and tender with sincerity the assurance of to yourself.

TO GENERAL KOSCIUSKO

Monticello, June 28, 1812.

Nous voila donc, mon cher ami, en guerre avec l'Angleterre. This was declared on the 18th instant, thirty years after the signature of our peace in 1782. Within these thirty years what a vast course of growth and prosperity we have had! It is not ten years since Great Britain began a series of insults and injuries which would have been met with war in the threshold by any European power. This course has been unremittingly followed up by increasing wrongs, with glimmerings indeed of peaceable redress, just sufficient to keep us quiet, till she has had the impudence at length to extinguish even these glimmerings by open avowal. This would not have been borne so long, but that France has kept pace with England in iniquity of principle, although not in the power of inflicting wrongs on us. The difficulty of selecting a foe between them has spared us many years of war, and enabled us to enter into it with less debt, more strength and preparation. Our present enemy will have the sea to herself, while we shall be equally predominant at land, and shall strip her of all her possessions on this continent. She may burn New York, indeed, by her ships and congreve rockets, in which case we must burn the city of London by hired incendiaries, of which her starving manufacturers will furnish abundance. A people in such desperation as to demand of their government aut parcem, aut furcam, either bread or the gallows, will not reject the same alternative when offered by a foreign hand. Hunger will make them brave every risk for bread. The partisans of England here have endeavored much to goad us into the folly of choosing the ocean instead of the land, for the theatre of war. That would be to meet their strength with our own weakness, instead of their weakness with our strength. I hope we shall confine ourselves to the conquest of their possessions, and defence of our harbors, leaving the war on the ocean to our privateers. These will immediately swarm in every sea, and do more injury to British commerce than the regular fleets of all Europe would do. The government of France may discontinue their license trade. Our privateers will furnish them much more abundantly with colonial produce, and whatever the license trade has given them. Some have apprehended we should be overwhelmed by the new improvements of war, which have not yet reached us. But the British possess them very imperfectly, and what are these improvements? Chiefly in the management of artillery, of which our country admits little use. We have nothing to fear from their armies, and shall put nothing in prize to their fleets. Upon the whole, I have known no war entered into under more favorable auspices.

Our manufacturers are now very nearly on a footing with those of England. She has not a single improvement which we do not possess, and many of them better adapted by ourselves to our ordinary use. We have reduced the large and expensive machinery for most things to the compass of a private family, and every family of any size is now getting machines on a small scale for their household purposes. Quoting myself as an example, and I am much behind many others in this business, my household manufactures are just getting into operation on the scale of a carding machine costing $60 only, which may be worked by a girl of twelve years old, a spinning machine, which may be made for $10, carrying 6 spindles for wool,to be worked by a girl also, another which can be made for $25, carrying 12 spindles for cotton, and a loom, with a flying shuttle, weaving its twenty yards a day. I need 2,000 yards of linen, cotton and woollen yearly, to clothe my family, which this machinery, costing $150 only, and worked by two women and two girls, will more than furnish. For fine goods there are numerous establishments at work in the large cities, and many more daily growing up; and of merinos we have some thousands, and these multiplying fast. We consider a sheep for every person as sufficient for their woollen clothing, and this State and all to the north have fully that, and those to the south and west will soon be up to it. In other articles we are equally advanced, so that nothing is more certain than that, come peace when it will, we shall never again go to England for a shilling where we have gone for a dollar's worth. Instead of applying to her manufacturers there, they must starve or come here to be employed. I give you these details of peaceable operations, because they are within my present sphere. Those of war are in better hands, who know how to keep their own secrets. Because, too, although a soldier yourself, I am sure you contemplate the peaceable employment of man in the improvement of his condition, with more pleasure than his murders, rapine and devastations.

Mr. Barnes, some time ago, forwarded you a bill of exchange for 5,500 francs, of which the enclosed is a duplicate. Apprehending that a war with England would subject the remittances to you to more casualties, I proposed to Mr. Morson, of Bordeaux, to become the intermediate for making remittances to you, which he readily acceded to on liberal ideas arising from his personal esteem for you, and his desire to be useful to you. If you approve of this medium I am in hopes it will shield you from the effect of the accidents to which the increased dangers of the seas may give birth. It would give me great pleasure to hear from you oftener. I feel great interest in your health and happiness. I know your feelings on the present state of the world, and hope they will be cheered by the successful course of our war, and the addition of Canada to our confederacy. The infamous intrigues of Great Britain to destroy our government (of which Henry's is but one sample), and with the Indians to tomahawk our women and children, prove that the cession of Canada, their fulcrum for these Machiavelian levers, must be a sine qua non at a treaty of peace. God bless you, and give you to see all these things, and many and long years of health and happiness.

TO THE PRESIDENT OF THE UNITED STATES

Monticello, June 29, 1812.

Dear Sir,—I duly received your favor of the 22d covering the declaration of war. It is entirely popular here, the only opinion being that it should have been issued the moment the season admitted the militia to enter Canada. * * * * * To continue the war popular, two things are necessary mainly. 1. To stop Indian barbarities. The conquest of Canada will do this. 2. To furnish markets for our produce, say indeed for our flour, for tobacco is already given up, and seemingly without reluctance. The great profits of the wheat crop have allured every one to it; and never was such a crop on the ground as that which we generally begin to cut this day. It would be mortifying to the farmer to see such an one rot in his barn. It would soon sicken him to war. Nor can this be a matter of wonder or of blame on him. Ours is the only country on earth where war is an instantaneous and total suspension of all the objects of his industry and support. For carrying our produce to foreign markets our own ships, neutral ships, and even enemy ships under neutral flag, which I would wink at, will probably suffice. But the coasting trade is of double importance, because both seller and buyer are disappointed, and both are our own citizens. You will remember that in this trade our greatest distress in the last war was produced by our own pilot boats taken by the British and kept as tenders to their larger vessels. These being the swiftest vessels on the ocean, they took them and selected the swiftest from the whole mass. Filled with men they scoured everything along shore, and completely cut up that coasting business which might otherwise have been carried on within the range of vessels of force and draught. Why should not we then line our coast with vessels of pilot-boat construction, filled with men, armed with cannonades, and only so much larger as to assure the mastery of the pilot boat? The British cannot counter-work us by building similar ones, because, the fact is, however unaccountable, that our builders alone understand that construction. It is on our own pilot boats the British will depend, which our larger vessels may thus retake. These, however, are the ideas of a landsman only, Mr. Hamilton's judgment will test their soundness.

Our militia are much afraid of being called to Norfolk at this season. They all declare a preference of a march to Canada. I trust however that Governor Barbour will attend to circumstances, and so apportion the service among the counties, that those acclimated by birth or residence may perform the summer tour, and the winter service be allotted to the upper counties.

I trouble you with a letter for General Kosciusko. It covers a bill of exchange from Mr. Barnes for him, and is therefore of great importance to him. Hoping you will have the goodness so far to befriend the General as to give it your safest conveyance, I commit it to you, with the assurance of my sincere affections.

TO NATHANIEL GREENE, MONTAGUE CENTER

Monticello, July 5, 1812.

Sir,—Your favor of May 19th from New Orleans is just now received. I have no doubt that the information you will present to your countrymen on the subject of the Asiatic countries into which you have travelled, will be acceptable as sources both of amusement and instruction; and the more so, as the observations of an American will be more likely to present what are peculiarities to us, than those of any foreigner on the same countries. In reading the travels of a Frenchman through the United States what he remarks as peculiarities in us, prove to us the contrary peculiarities of the French. We have the accounts of Barbary from European and American travellers. It would be more amusing if Melli Melli would give us his observations on the United States. If, with the fables and follies of the Hindoos, so justly pointed out to us by yourselves and other travellers, we could compare the contrast of those which an Hindoo traveller would imagine he found among us, it might enlarge our instruction. It would be curious to see what parallel among us he would select for his Veeshni. What you will have seen in your western tour will also instruct many who often know least of things nearest home.

The charitable institution you have proposed to the city of New Orleans would undoubtedly be valuable, and all such are better managed by those locally connected with them. The great wealth of that city will insure its support, and the names subscribed to it will give it success. For a private individual, a thousand miles distant, to imagine that his name could add anything to what exhibits already the patronage of the highest authorities of the State, would be great presumption. It will certainly engage my best wishes, to which permit me to add for yourself the assurances of my respect.

TO THOMAS COOPER, ESQ

Monticello, July 10, 1812.

Dear Sir,—I received by your last post through Mr. Hall, of Baltimore, a copy of your introductory lecture to a course of chemistry, for which accept my thanks. I have just entered on the reading of it, and perceive that I have a feast before me. I discover from an error of the binder, that my copy has duplicates of pages 122, 123, 126, 127, and wants altogether, pages 121, 124, 125, 128, and forseeing that every page will be a real loss, and that the book has been printed at Carlisle, I will request your directions to the printer to enclose those four pages under cover to me at this place, near Milton. You know the just esteem which attached itself to Dr. Franklin's science, because he always endeavored to direct it to something useful in private life. The chemists have not been attentive enough to this. I have wished to see their science applied to domestic objects, to malting, for instance, brewing, making cider, to fermentation and distillation generally, to the making of bread, butter, cheese, soap, to the incubation of eggs, &c. And I am happy to observe some of these titles in the syllabus of your lecture. I hope you will make the chemistry of these subjects intelligible to our good house-wives. Glancing over the pages of your book, the last one caught my attention, where you recommend to students the books on metaphysics. Not seeing De Tutt Tracy's name there, I suspected you might not have seen his work. His first volume on Ideology appeared in 1800. I happen to have a duplicate of this, and will send it to you. Since that, has appeared his second volume on grammar and his third on logic. They are considered as holding the most eminent station in that line; and considering with you that a course of anatomy lays the best foundation for understanding these subjects, Tracy should be preceded by a mature study of the most profound of all human compositions, "Cabanis's Rapports du Physique et du moral de l'homme."

In return for the many richer favors received from you, I send you my little tract on the batture of New Orleans, and Livingston's claim to it. I was at a loss where to get it printed, and confided it to the editor of the Edinburgh Review, re-printed at New York. But he has not done it immaculately. Although there are typographical errors in your lecture, I wonder to see so difficult a work so well done at Carlisle. I am making a fair copy of the catalogue of my library, which I mean to have printed merely for the use of the library. It will require correct orthography in so many languages, that I hardly know where I can get it done. Have you read the Review of Montesquieu, printed by Duane? I hope it will become the elementary book of the youth at all our colleges. Such a reduction of Montesquieu to his true value had been long wanting in political study. Accept the assurance of my great and constant esteem and respect.

TO MR. LATROBE

Monticello, July 12, 1812.

Dear Sir,—Of all the faculties of the human mind, that of memory is the first which suffers decay from age. Of the commencement of this decay, I was fully sensible while I lived in Washington, and it was my earliest monitor to retire from public business. It has often since been the source of great regret when applied to by others to attest transactions in which I had been an agent, to find that they had entirely vanished from my memory. In no case has it given me more concern than in that which is the subject of your letter of the 2d instant: the supper given in 1807 to the workmen on the capitol. Of this supper I have not the smallest recollection. If it ever was mentioned to me, not a vestige of it now remains in my mind. This failure of my memory is no proof the thing did not happen, but only takes from it the support of my testimony, which cannot be given for what is obliterated from it. I have looked among my papers to see if they furnish any trace of the matter, but I find none, and must therefore acquiesce in my incompetence to administer to truth on this occasion. I am sorry to learn that Congress has relinquished the benefit of the engagements of Andrei & Franzoni, on the sculpture of the capitol. They are artists of a grade far above what we can expect to get again. I still hope they will continue to work on the basis of the appropriation made, and as far as that will go; so that what is done will be well done; and perhaps a more favorable moment may still preserve them to us. With respect to yourself, the little disquietudes from individuals not chosen for their taste in works of art, will be sunk into oblivion, while the Representatives' chamber will remain a durable monument of your talents as an architect. I say nothing of the Senate room, because I have never seen it. I shall live in the hope that the day will come when an opportunity will be given you of finishing the middle building in a style worthy of the two wings, and worthy of the first temple dedicated to the sovereignty of the people, embellishing with Athenian taste the course of a nation looking far beyond the range of Athenian destinies. In every situation, public or private, be assured of my sincere wishes for your prosperity and happiness, and of the continuance of my esteem and respect.

TO COLONEL DUANE

Monticello, August 4, 1812.

Dear Sir,—Your favor of the 17th ult. came duly to hand, and I have to thank you for the military manuals you were so kind as to send me. This is the sort of book most needed in our country, where even the elements of tactics are unknown. The young have never seen service, and the old are past it, and of those among them who are not superannuated themselves, their science is become so. I see, as you do, the difficulties and defects we have to encounter in war, and should expect disasters if we had an enemy on land capable of inflicting them. But the weakness of our enemy there will make our first errors innocent, and the seeds of genius which nature sows with even hand through every age and country, and which need only soil and season to germinate, will develop themselves among our military men. Some of them will become prominent, and seconded by the native energy of our citizens, will soon, I hope, to our force add the benefits of skill. The acquisition of Canada this year, as far as the neighborhood of Quebec, will be a mere matter of marching, and will give us experience for the attack of Halifax the next, and the final expulsion of England from the American continent. Halifax once taken, every cock-boat of hers must return to England for repairs. Their fleet will annihilate our public force on the water, but our privateers will eat out the vitals of their commerce. Perhaps they will burn New York or Boston. If they do, we must burn the city of London, not by expensive fleets or congreve rockets, but by employing an hundred or two Jack-the-painters, whom nakedness, famine, desperation and hardened vice, will abundantly furnish from among themselves. We have a rumor now afloat that the orders of council are repeated. The thing is impossible after Castlereagh's late declaration in Parliament, and the re-construction of a Percival ministry.

I consider this last circumstance fortunate for us. The repeal of the orders of council would only add recruits to our minority, and enable them the more to embarrass our march to thorough redress of our past wrongs, and permanent security for the future. This we shall attain if no internal obstacles are raised up. The exclusion of their commerce from the United States, and the closing of the Baltic against it, which the present campaign in Europe will effect, will accomplish the catastrophe already so far advanced on them. I think your anticipations of the effects of this are entirely probable, their arts, their science, and what they have left of virtue, will come over to us, and although their vices will come also, these, I think, will soon be diluted and evaporated in a country of plain honesty. Experience will soon teach the new-comers how much more plentiful and pleasant is the subsistence gained by wholesome labor and fair dealing, than a precarious and hazardous dependence on the enterprises of vice and violence. Still I agree with you that these immigrations will give strength to English partialities, to eradicate which is one of the most consoling expectations from the war. But probably the old hive will be broken up by a revolution, and a regeneration of its principles render intercourse with it no longer contaminating. A republic there like ours, and a reduction of their naval power within the limits of their annual facilities of payment, might render their existence even interesting to us. It is the construction of their government, and its principles and means of corruption, which make its continuance inconsistent with the safety of other nations. A change in its form might make it an honest one, and justify a confidence in its faith and friendship. That regeneration however will take a longer time than I have to live. I shall leave it to be enjoyed among you, and make my exit with a bow to it, as the most flagitious of governments I leave among men. I sincerely wish you may live to see the prodigy of its renovation, enjoying in the meantime health and prosperity.