I have it now in my power to send you a piece of homespun in return for

that I received from you. Not of the fine texture, or delicate character

of yours, or, to drop our metaphor, not filled as that was with that

display of imagination which constitutes excellence in Belles Lettres,

but a mere sober, dry, and formal piece of logic. _Ornari res ipsa

negat_. Yet you may have enough left of your old taste for law reading,

to cast an eye over some of the questions it discusses. At any rate,

accept it as the offering of esteem and friendship.

You wish to know something of the Richmond and Wabash prophets. Of

Nimrod Hews I never before heard. Christopher Macpherson I have known

for twenty years. He is a man of color, brought up as a book-keeper by a

merchant, his master, and afterwards enfranchised. He had understanding

enough to post up his leger from his journal, but not enough to bear

up against hypochrondriac affections, and the gloomy forebodings they

inspire. He became crazy, foggy, his head always in the clouds, and

rhapsodizing what neither himself nor any one else could understand.

I think he told me he had visited you personally while you were in the

administration, and wrote you letters, which you have probably forgotten

in the mass of the correspondences of that crazy class, of whose

complaints, and terrors, and mysticisms, the several Presidents have

been the regular depositories. Macpherson was too honest to be molested

by any body, and too inoffensive to be a subject for the mad-house;

although, I believe, we are told in the old book, that ‘every man that

is mad, and maketh himself a prophet, thou shouldst put him in prison

and in the stocks.’

The Wabash prophet is a very different character, more rogue than fool,

if to be a rogue is not the greatest of all follies. He arose to notice

while I was in the administration, and became, of course, a proper

subject of inquiry for me. The inquiry was made with diligence. His

declared object was the reformation of his red brethren, and their

return to their pristine manner of living. He pretended to be in

constant communication with the Great Spirit; that he was instructed by

him to make known to the Indians that they were created by him distinct

from the whites, of different natures, for different purposes, and

placed under different circumstances, adapted to their nature and

destinies; that they must return from all the ways of the whites to the

habits and opinions of their forefathers; they must not eat the flesh

of hogs, of bullocks, of sheep, &c. the deer and buffalo having been

created for their food; they must not make bread of wheat, but of Indian

corn; they must not wear linen nor woollen, but dress like their fathers

in the skins and furs of animals; they must not drink ardent spirits:

and I do not remember whether he extended his inhibitions to the gun and

gunpowder, in favor of the bow and arrow. I concluded from all this that

he was a visionary, enveloped in the clouds of their antiquities, and

vainly endeavoring to lead back his brethren to the fancied beatitudes

of their golden age. I thought there was little danger of his making

many proselytes from the habits and comforts they had learned from the

whites, to the hardships and privations of savagism, and no great harm

if he did. We let him go on, therefore, unmolested. But his followers

increased till the English thought him worth corruption, and found him

corruptible. I suppose his views were then changed; but his proceedings

in consequence of them were after I left the administration, and are,

therefore, unknown to me; nor have I ever been informed what were the

particular acts on his part, which produced, an actual commencement

of hostilities on ours. I have no doubt, however, that his subsequent

proceedings are but a chapter apart, like that of Henry and Lord

Liverpool, in the book of the Kings of England.

Of this mission of Henry, your son had got wind in the time of the

embargo, and communicated it to me. But he had learned nothing of the

particular agent, although, of his workings, the information he had

obtained appears now to have been correct. He stated a particular which

Henry has not distinctly brought forward, which was, that the eastern

States were not to be required to make a formal act of separation from

the Union, and to take a part in the war against it; a measure deemed

much too strong for their people: but to declare themselves in a state

of neutrality, in consideration of which they were to have peace and

free commerce, the lure most likely to insure popular acquiescence.

Having no indications of Henry as the intermediate in this negotiation

of the Essex junto, suspicions fell on Pickering, and his nephew

Williams in London. If he was wronged in this, the ground of the

suspicion is to be found in his known practices and avowed opinions,

as that of his accomplices in the sameness of sentiment and of language

with Henry, and subsequently by the fluttering of the wounded pigeons.

This letter, with what it encloses, has given you enough, I presume, of

law and the prophets. I will only add to it, therefore, the homage of my

respects to Mrs. Adams, and to yourself the assurances of affectionate

esteem and respect.

Th: Jefferson.

LETTER CI.--TO JAMES MAURY, April 25, 1812

TO JAMES MAURY.

Monticello, April 25, 1812.

My Dear and Ancient Friend and Classmate,

Often has my heart smote me for delaying acknowledgments to you,

receiving, as I do, such frequent proofs of your kind recollection in

the transmission of papers to me. But instead of acting on the good old

maxim of not putting off to to-morrow what we can do to-day, we are too

apt to reverse it, and not to do today what we can put off to to-morrow.

But this duty can be no longer put off. To-day we are at peace;

to-morrow war. The curtain of separation is drawing between us, and

probably will not be withdrawn till one, if not both of us, will be at

rest with our fathers. Let me now, then, while I may, renew to you the

declarations of my warm attachment, which in no period of life has ever

been weakened, and seems to become stronger as the remaining objects of

our youthful affections are fewer.

Our two countries are to be at war, but not you and I. And why should

our two countries be at war, when by peace we can be so much more useful

to one another? Surely the world will acquit our government of having

sought it. Never before has there been an instance of a nation’s bearing

so much as we have borne. Two items alone in our catalogue of wrongs

will for ever acquit us of being the aggressors; the impressment of our

seamen, and the excluding us from the ocean. The first foundations of

the social compact would be broken up, were we definitively to refuse to

its members the protection of their persons and property, while in their

lawful pursuits. I think the war will not be short, because the object

of England, long obvious, is to claim the ocean as her domain, and to

exact transit duties from every vessel traversing it. This is the sum of

her orders of council, which were only a step in this bold experiment,

never meant to be retracted if it could be permanently maintained. And

this object must continue her in war with all the world. To this I

see no termination, until her exaggerated efforts, so much beyond her

natural strength and resources, shall have exhausted her to bankruptcy.

The approach of this crisis is, I think, visible in the departure of her

precious metals, and depreciation of her paper medium. We, who have gone

through that operation, know its symptoms, its course, and consequences.

In England they will be more serious than elsewhere, because half the

wealth of her people is now in that medium, the private revenue of her

money-holders, or rather of her paper-holders, being, I believe, greater

than that of her land-holders. Such a proportion of property, imaginary

and baseless as it is, cannot be reduced to vapor, but with great

explosion. She will rise out of its ruins, however, because her lands,

her houses, her arts, will remain, and the greater part of her men. And

these will give her again that place among nations which is proportioned

to her natural means, and which we all wish her to hold. We believe that

the just standing of all nations is the health and security of all. We

consider the overwhelming power of England on the ocean, and of France

on the land, as destructive of the prosperity and happiness of the

world, and wish both to be reduced only to the necessity of observing

moral duties. We believe no more in Bonaparte’s fighting merely for the

liberty of the seas, than in Great Britain’s fighting for the liberties

of mankind. The object of both is the same, to draw to themselves the

power, the wealth, and the resources of other nations. We resist the

enterprises of England first, because they first come vitally home to

us. And our feelings repel the logic of bearing the lash of George the

III. for fear of that of Bonaparte at some future day. When the wrongs

of France shall reach us with equal effect, we shall resist them

also. But one at a time is enough: and having offered a choice to the

champions, England first takes up the gauntlet.

The English newspapers suppose me the personal enemy of their nation. I

am not so. I am an enemy to its injuries, as I am to those of France. If

I could permit myself to have national partialities, and if the conduct

of England would have permitted them to be directed towards her,

they would have been so. I thought that, in the administration of Mr.

Addington, I discovered some dispositions towards justice, and even

friendship and respect for us, and began to pave the way for cherishing

these dispositions, and improving them into ties of mutual good will.

But we had then a federal minister there, whose dispositions to believe

himself, and to inspire others with a belief, in our sincerity, his

subsequent conduct has brought into doubt; and poor Merry, the English

minister here, had learned nothing of diplomacy but its suspicions,

without head enough to distinguish when they were misplaced. Mr.

Addington and Mr. Fox passed away too soon to avail the two countries

of their dispositions. Had I been personally hostile to England,

and biassed in favor of either the character or views of her great

antagonist, the affair of the Chesapeake put war into my hand. I had

only to open it, and let havoc loose. But if ever I was gratified

with the possession of power, and of the confidence of those who had

entrusted me with it, it was on that occasion, when I was enabled to

use both for the prevention of war, towards which the torrent of passion

here was directed almost irresistibly, and when not another person in

the United States, less supported by authority and favor, could have

resisted it. And now that a definitive adherence to her impressments and

orders of council renders war no longer avoidable, my earnest prayer is,

that our government may enter into no compact of common cause with the

other belligerent, but keep us free to make a separate peace, whenever

England will separately give us peace, and future security. But Lord

Liverpool is our witness, that this can never be but by her removal from

our neighborhood.

I have thus, for a moment, taken a range into the field of politics,

to possess you with the view we take of things here. But in the scenes

which are to ensue, I am to be but a spectator. I have withdrawn myself

from all political intermeddlings, to indulge the evening of my life

with what have been the passions of every portion of it, books, science,

my farms, my family, and friends.

To these every hour of the day is now devoted. I retain a good activity

of mind, not quite as much of body, but uninterrupted health. Still the

hand of age is upon me. All my old friends are nearly gone. Of those in

my neighborhood, Mr. Divers and Mr. Lindsay alone remain. If you could

make it a _partie quarrée_, it would be a comfort indeed. We would

beguile our lingering hours with talking over our youthful exploits, our

hunts on Peter’s Mountain, with a long train of _et cetera_ in addition,

and feel, by recollection at least, a momentary flash of youth.

Reviewing the course of a long and sufficiently successful life, I find

in no portion of it happier moments than those were. I think the old

hulk in which you are, is near her wreck, and that like a prudent rat,

you should escape in time. However, here, there, and every where, in

peace or in war, you will have my sincere affections, and prayers for

your life, health, and happiness.

Th: Jefferson.

LETTER CII.--TO THE PRESIDENT, May 30, 1812

TO THE PRESIDENT.

Monticello, May 30, 1812.

Dear Sir,

Another communication is enclosed, and the letter of the applicant is

the only information I have of his qualifications. I barely remember

such a person as the secretary of Mr. Adams, and messenger to the Senate

while I was of that body. It enlarges the sphere of choice by adding

to it a strong federalist. The triangular war must be the idea of the

Anglomen and malcontents; in other words, the federalists and quids. Yet

it would reconcile neither. It would only change the topic of abuse

with the former, and not cure the mental disease of the latter. It

would prevent our eastern capitalists and seamen from employment in

privateering, take away the only chance of conciliating them, and keep

them at home, idle, to swell the discontents; it would completely disarm

us of the most powerful weapon we can employ against Great Britain, by

shutting every port to our prizes, and yet would not add a single

vessel to their number; it would shut every market to our agricultural

productions, and engender impatience and discontent with that class

which, in fact, composes the nation; it would insulate us in general

negotiations for peace, making all the parties our opposers, and very

indifferent about peace with us, if they have it with the rest of the

world; and would exhibit a solecism worthy of Don Quixotte only, that

of a choice to fight two enemies at a time, rather than to take them

by succession. And the only motive for all this is a sublimated

impartiality, at which the world will laugh, and our own people will

turn upon us in mass as soon as it is explained to them, as it will be

by the very persons who are now laying that snare. These are the hasty

views of one who rarely thinks on these subjects. Your own will

be better, and I pray to them every success, and to yourself every

felicity.

Th: Jefferson.

LETTER CIII.--TO ELBRIDGE GERRY, June 11, 1812

TO ELBRIDGE GERRY.

Monticello, June 11, 1812.

Dear Sir,

It has given me great pleasure to receive a letter from you. It seems as

if, our ancient friends dying off, the whole mass of the affections

of the heart survives undiminished to the few who remain. I think our

acquaintance commenced in 1764, both then just of age. We happened to

take lodgings in the same house in New York. Our next meeting was in

the Congress of 1775, and at various times afterwards in the exercise of

that and other public functions, until your mission to Europe. Since we

have ceased to meet, we have still thought and acted together, ‘_et idem

velle, atque idem nolle, ea demum amicitia est_.’ Of this harmony of

principle, the papers you enclosed me are proof sufficient. I do not

condole with you on your release from your government. The vote of your

opponents is the most honorable mark by which the soundness of your

conduct could be stamped. I claim the same honorable testimonial. There

was but a single act of my whole administration of which that party

approved. That was the proclamation on the attack of the Chesapeake.

And when I found they approved of it, I confess I began strongly to

apprehend I had done wrong, and to exclaim with the Psalmist, ‘Lord,

what have I done, that the wicked should praise me!’

What, then, does this English faction with you mean? Their newspapers

say rebellion, and that they will not remain united with us unless we

will permit them to govern the majority. If this be their purpose, their

anti-republican spirit, it ought to be met at once. But a government

like ours should be slow in believing this, should put forth its whole

might when necessary to suppress it, and promptly return to the paths of

reconciliation. The extent of our country secures it, I hope, from the

vindictive passions of the petty incorporations of Greece. I rather

suspect that the principal office of the other seventeen States will be

to moderate and restrain the local excitement of our friends with you,

when they (with the aid of their brethren of the other States, if they

need it) shall have brought the rebellious to their feet. They count on

British aid. But what can that avail them by land? They would separate

from their friends, who alone furnish employment for their navigation,

to unite with their only rival for that employment. When interdicted

the harbors of their quondam brethren, they will go, I suppose, to ask

a share in the carrying-trade of their rivals, and a dispensation with

their navigation act. They think they will be happier in an association

under the rulers of Ireland, the East and West Indies, than in an

independent government, where they are obliged to put up with their

proportional share only in the direction of its affairs. But I trust

that such perverseness will not be that of the honest and well meaning

mass of the federalists of Massachusetts; and that when the questions

of separation and rebellion shall be nakedly proposed to them, the Gores

and the Pickerings will find their levees crowded with silk-stocking

gentry, but no yeomanry; an army of officers without soldiers. I hope,

then, all will still end well: the Anglomen will consent to make peace

with their bread and butter, and you and I shall sink to rest, without

having been actors or spectators in another civil war.

How many children have you? You beat me, I expect, in that count; but I

you in that of our grand-children. We have not timed these things well

together, or we might have begun a re-alliance between Massachusetts

and the Old Dominion, faithful companions in the war of Independence,

peculiarly tallied in interests, by each wanting exactly what the other

has to spare; and estranged to each other, in latter times, only by the

practices of a third nation, the common enemy of both. Let us live only

to see this re-union, and I will say with old Simeon, ‘Lord, now

lettest thou thy servant depart in peace, for mine eyes have seen thy

salvation.’ In that peace may you long remain, my friend, and depart

only in the fulness of years, all passed in health and prosperity. God

bless you.

Th: Jefferson.

P.S. June 13. I did not condole with you on the reprobation of your

opponents, because it proved your orthodoxy. Yesterday’s post brought

me the resolution of the republicans of Congress, to propose you as

Vice-President. On this I sincerely congratulate you. It is a stamp of

double proof. It is a notification to the factionaries that their nay is

the yea of truth, and its best test. We shall be almost within striking

distance of each other. Who knows but you may fill up some short recess

of Congress with a visit to Monticello, where a numerous family will

hail you with a hearty country welcome. T.J.

LETTER CIV.--TO JUDGE TYLER, June 17,1812

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 that 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 every thing, 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’s 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 transcendant 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 permit 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.

Th: Jefferson.

LETTER CV.--TO COLONEL WILLIAM DUANE, October 1, 1812

TO COLONEL WILLIAM DUANE.

Monticello, October 1, 1812.

Dear Sir,

Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 4 · 第 17 / 54 段