I was glad to find in your book a formal contradiction, at length, of

the judiciary usurpation of legislative powers; for such the judges have

usurped in their repeated decisions, that Christianity is a part of

the common law. The proof of the contrary, which you have adduced,

is incontrovertible; to wit, that the common law existed while the

Anglo-Saxons were yet Pagans, at a time when they had never yet heard

the name of Christ pronounced, or knew that such a character had ever

existed. But it may amuse you, to show when, and by what means,

they stole this law in upon us. In a case of _quare impedit_ in the

Year-book, 34. H. 6. folio 38. (anno 1458,) a question was made, how far

the ecclesiastical law was to be respected in a common law court. And

Prisot, Chief Justice, gives his opinion in these words. ‘_A tiel leis

qu’ils de seint eglise ont enancien scripture, covient a nous a donner

credence; car ceo common ley stir quels touts manners leis sont fondes.

Et auxy, Sir, nous sumus obliges de conustre lour ley de saint eglise:

et semblablement ils sont obliges de conustre nostre ley. Et, Sir, si

poit apperer or a nous que Pevesque ad fait come un ordinary fera en

tiel cas, adong nous devons ceo adju-ger bon,ou auterment nemy_,’ &c.

See S. C. Fitzh.Abr. Qu. imp. 89. Bro. Abr. Qu. imp. 12. Finch in his

first book, c. 3. is the first afterwards who quotes this case, and

mistakes it thus. ‘To such laws of the church as have warrant in holy

scripture, our law giveth credence.’ And cites Prisot; mistranslating

‘ancien scripture’ into ‘holy scripture.’ Whereas, Prisot palpably says,

‘to such laws as those of holy church have in ancient writing, it is

proper for us to give credence;’ to wit, to their ancient written laws.

This was in 1613, a century and a half after the dictum of Prisot.

Wingate, in 1658, erects this false translation into a maxim of the

common law, copying the words of Finch, but citing Prisot. Wing. Max.

3. and Sheppard, title, ‘Religion,’ in 1675, copies the same

mistranslation, quoting the Y. B. Finch and Win-gate. Hale expresses

it in these words; ‘Christianity is parcel of the laws of England.’ 1

Ventr. 293, 3 Keb. 607. But he quotes no authority. By these echoings

and re-echoings from one to another, it had become so established in

1728, that in the case of the King vs. Woolston, 2 Stra. 834, the court

would not suffer it to be debated, whether to write against Christianity

was punishable in the temporal court at common law. Wood, therefore,

409, ventures still to vary the phrase and say, that all blasphemy

and profaneness are offences by the common law; and cites 2 Stra.

Then Blackstone, in 1763, IV. 59, repeats the words of Hale, that

‘Christianity is part of the laws of England,’ citing Ventris and

Strange. And finally, Lord Mansfield, with a little qualification, in

Evans’s case, in 1767, says, that ‘the essential principles of revealed

religion are part of the common law.’ Thus ingulphing Bible, Testament,

and all into the common law, without citing any authority. And thus we

find this chain of authorities hanging link by link, one upon another,

and all ultimately on one and the same hook, and that a mistranslation

of the words ‘ancien scripture,’ used by Prisot. Finch quotes Prisot;

Wingate does the same. Sheppard quotes Prisot, Finch, and Wingate.

Hale cites nobody. The court, in Woolston’s case, cite Hale. Wood cites

Woolston’s case. Blackstone quotes Woolston’s case and Hale. And Lord

Mansfield, like Hale, ventures it on his own authority. Here I might

defy the best read lawyer to produce another scrip of authority for this

judiciary forgery; and I might go on further to show, how some of the

Anglo-Saxon priests interpolated into the text of Alfred’s laws, the

20th, 21st, 22nd, and 23rd chapters of Exodus, and the 15th of the Acts

of the Apostles, from the 23rd to the 29th verses. But this would lead

my pen and your patience too far. What a conspiracy this, between Church

and State! Sing Tantarara, rogues all, rogues all, Sing Tantarara,

rogues all!

I must still add to this long and rambling letter, my acknowledgments

for your good wishes to the University we are now establishing in this

State. There are some novelties in it. Of that of a professorship of

the principles of government, you express your approbation. They will be

founded in the rights of man. That of agriculture, I am sure, you will

approve: and that also of Anglo-Saxon. As the histories and laws left us

in that type and dialect, must be the text-books of the reading of the

learners, they will imbibe with the language their free principles

of government. The volumes you have been so kind as to send, shall be

placed in the library of the University. Having at this time in England

a person sent for the purpose of selecting some Professors, a Mr.

Gilmer of my neighborhood, I cannot but recommend him to your patronage,

counsel, and guardianship, against imposition, misinformation, and the

deceptions of partial and false recommendations, in the selection

of characters. He is a gentleman of great worth and correctness, my

particular friend, well educated in various branches of science, and

worthy of entire confidence.

Your age of eighty-four and mine of eighty-one years, insure us a speedy

meeting. We may then commune at leisure, and more fully, on the good and

evil, which in the course of our long lives, we have.both witnessed; and

in the mean time, I pray you to accept assurances of my high veneration

and esteem for your person and character.

Th: Jefferson.

LETTER CLXXXII.--TO MARTIN VAN BUREN, June 29, 1824

TO MARTIN VAN BUREN.

Monticello, June 29, 1824.

Dear Sir,

I have to thank you for Mr. Pickering’s elaborate philippic against Mr.

Adams, Gerry, Smith, and myself; and I have delayed the acknowledgment

until I could read it and make some observations on it.

I could not have believed, that for so many years, and to such a period

of advanced age, he could have nourished passions so vehement and

viperous. It appears, that for thirty years past, he has been

industriously collecting materials for vituperating the characters he

had marked for his hatred; some of whom certainly, if enmities towards

him had ever existed, had forgotten them all, or buried them in the

grave with themselves. As to myself, there never had been any thing

personal between us, nothing but the general opposition of party

sentiment; and our personal intercourse had been that of urbanity, as

himself says. But it seems he has been all this time brooding over an

enmity which I had never felt, and that with respect to myself, as well

as others, he has been writing far and near, and in every direction, to

get hold of original letters, where he could, copies, where he could

not, certificates and journals, catching at every gossipping story he

could hear of in any quarter, supplying by suspicions what he could find

no where else, and then arguing on this motley farrago, as if

established on gospel evidence. And while expressing his wonder,

‘at the age of eighty-eight, the strong passions of Mr. Adams should not

have cooled ‘; that on the contrary, ‘they had acquired the mastery of

his soul,’ (p. 100 ;) that ‘where these were enlisted, no reliance

could be placed on his statements,’ (p. 104 ;) the facility and little

truth with which he could represent facts and occurrences, concerning

persons who were the objects of his hatred, (p. 3 ;) that ‘he is

capable of making the grossest misrepresentations, and, from detached

facts, and often from bare suspicions, of drawing unwarrantable

inferences,’ if suited to his purpose at the instant,’ (p. 174;) while

making such charges, I say, on Mr. Adams, instead of his ‘_ecce homo_,’

(p. 100;) how justly might we say to him, ‘_Mutato nomine, de te fabula

narratur_.’ For the assiduity and industry he has employed in his

benevolent researches after matter of crimination against us, I refer to

his pages 13, 14, 34, 36, 46, 71, 79, 90, bis. 92, 93, bis. 101, ter.

104, 116, 118, 141, 143, 146,150,151,153, 168, 171, 172. That Mr.

Adams’s strictures on him, written and pointed, should have excited some

notice on his part, was not perhaps to be wondered at. But the

sufficiency of his motive for the large attack on me may be more

questionable. He says, (p. 4) ‘of Mr. Jefferson I should have said

nothing, but for his letter to Mr. Adams, of October the 12th, 1823.’

Now the object of that letter was to soothe the feelings of a friend,

wounded by a publication which I thought an ‘outrage on private

confidence.’ Not a word or allusion in it respecting Mr. Pickering, nor

was it suspected that it would draw forth his pen in justification of

this infidelity, which he has, however, undertaken in the course of his

pamphlet, but more particularly in its conclusion.

He arraigns me on two grounds, my actions, and my motives. The very

actions, however, which he arraigns, have been such as the great

majority of my fellow-citizens have approved. The approbation of Mr.

Pickering, and of those who thought with him, I had no right to expect.

My motives he chooses to ascribe to hypocrisy, to ambition, and a

passion for popularity. Of these the world must judge between us. It

is no office of his or mine. To that tribunal I have ever submitted

my actions and motives, without ransacking the Union for certificates,

letters, journals, and gossiping tales, to justify myself and weary

them. Nor shall I do this on the present occasion, but leave still to

them these antiquated party diatribes, now newly revamped and paraded,

as if they had not been already a thousand times repeated, refuted, and

adjudged against him, by the nation itself. If no action is to be deemed

virtuous for which malice can imagine a sinister motive, then there

never was a virtuous action; no, not even in the life of our Savior

himself. But he has taught us to judge the tree by its fruit, and to

leave motives to him who can alone see into them.

But whilst I leave to its fate the libel of Mr. Pickering, with the

thousands of others like it, to which I have given no other answer than

a steady course of similar action, there are two facts or fancies of

his which I must set to rights. The one respects Mr. Adams, the

other myself. He observes, that my letter of October the 12th, 1823,

acknowledges the receipt of one from Mr. Adams, of September the 18th,

which, having been written a few days after Cunningham’s publication, he

says was no doubt written to apologize to me for the pointed reproaches

he had uttered against me in his confidential letters to Cunningham.

And thus having ‘no doubt’ of his conjecture, he considers it as proven,

goes on to suppose the contents of the letter (19, 22), makes it place

Mr. Adams at my feet suing for pardon, and continues to rant upon it,

as an undoubted fact. Now I do most solemnly declare, that so far from

being a letter of apology, as Mr. Pickering so undoubtingly assumes,

there was not a word or allusion in it respecting Cunningham’s

publication.

The other allegation respecting myself, is equally false. In page 34,

he quotes Doctor Stuart, as having, twenty years ago, informed him that

General Washington, ‘when he became a private citizen,’ called me to

account for expressions in a letter to Mazzei, requiring, in a tone of

unusual severity, an explanation of that letter. He adds of himself, ‘in

what manner the latter humbled himself, and appeased the just resentment

of Washington, will never be known, as some time after his death, the

correspondence was not to be found, and a diary for an important period

of his Presidency was also missing.’ The diary being of transactions

during his Presidency, the letter to Mazzei not known here until some

time after he became a private citizen, and the pretended correspondence

of course after that, I know not why this lost diary and supposed

correspondence are brought together here, unless for insinuations worthy

of the letter itself. The correspondence could not be found, indeed,

because it had never existed. I do affirm, that there never passed

a word, written or verbal, directly or indirectly, between General

Washington and myself on the subject of that letter. He would never have

degraded himself so far as to take to himself the imputation in that

letter on the ‘Samsons in combat.’ The whole story is a fabrication, and

I defy the framers of it, and all mankind, to produce a scrip of a

pen between General Washington and myself on the subject, or any other

evidence more worthy of credit than the suspicions, suppositions, and

presumptions of the two persons here quoting and quoted for it. With

Doctor Stuart I had not much acquaintance. I supposed him to be an

honest man, knew him to be a very weak one, and, like Mr. Pickering,

very prone to antipathies, boiling with party passions, and, under the

dominion of these, readily welcoming fancies for facts. But, come the

story from whomsoever it might, it is an unqualified falsehood.

This letter to Mazzei has been a precious theme of crimination for

federal malice. It was a long letter of business, in which was inserted

a single paragraph only of political information as to the state of our

country. In this information there was not one word which would not

then have been, or would not now be approved by every republican in

the United States, looking back to those times, as you will see by a

faithful copy now enclosed of the whole of what that letter said on

the subject of the United States, or of its government. This paragraph,

extracted and translated, got into a Paris paper at a time when the

persons in power there were laboring under very general disfavor, and

their friends were eager to catch even at straws to buoy them up. ‘To

them, therefore, I have always imputed the interpolation of an entire

paragraph additional to mine, which makes me charge my own country with

ingratitude and injustice to France. There was not a word in my letter

respecting France, or any of the proceedings or relations between this

country and that. Yet this interpolated paragraph has been the burden of

federal calumny, has been constantly quoted by them, made the subject

of unceasing and virulent abuse, and is still quoted, as you see, by Mr.

Pickering, (page 33,) as if it were genuine, and really written by me.

And even Judge Marshall makes history descend from its dignity, and the

ermine from its sanctity, to exaggerate, to record, and to sanction this

forgery. In the very last note of his book, he says, ‘A letter from

Mr. Jefferson to Mr. Mazzei, an Italian, was published in Florence, and

republished in the Moniteur, with very severe strictures on the conduct

of the United States.’ And instead of the letter itself, he copies

what he says are the remarks of the editor, which are an exaggerated

commentary on the fabricated paragraph itself, and silently leaves to

his reader to make the ready inference that these were the sentiments of

the letter. Proof is the duty of the affirmative side. A negative cannot

be possibly proved. But, in defect of impossible proof of what was not

in the original letter, I have its press-copy still in my possession. It

has been shown to several, and is open to any one who wishes to see it.

I have presumed only that the interpolation was done in Paris. But I

never saw the letter in either its Italian or French dress, and it may

have been done here, with the commentary handed down to posterity by the

judge. The genuine paragraph, re-translated through Italian and French

into English, as it appeared here in a federal paper, besides the

mutilated hue which these translations and re-translations of it

produced generally, gave a mistranslation of a single word, which

entirely perverted its meaning, and made it a pliant and fertile text of

misrepresentation of my political principles. The original, speaking of

an Anglican, monarchical, and aristocratical party, which had sprung

up since he had left us, states their object to be ‘to draw over us

the substance, as they had already done the forms of the British

government.’ Now the ‘forms’ here meant, were the levees, birth-days,

the pompous cavalcade to the State House on the meeting of Congress, the

formal speech from the throne, the procession of Congress in a body to

re-echo the speech in an answer, &c. &c. But the translator here, by

substituting form in the singular number, for forms in the plural, made

it mean the frame or organization of our government, or its form of

legislative, executive, and judiciary authorities, co-ordinate and

independent: to which form it was to be inferred that I was an enemy. In

this sense they always quoted it, and in this sense Mr. Pickering still

quotes, it (pages 34, 35, 38), and countenances the inference. Now

General Washington perfectly understood what I meant by these forms,

as they were frequent subjects of conversation between us. When, on my

return from Europe, I joined the government in March, 1790, at New York,

I was much astonished, indeed, at the mimicry I found established

of royal forms and ceremonies, and more alarmed at the unexpected

phenomenon, by the monarchical sentiments I heard expressed and openly

maintained in every company, and among others by the high members of the

government, executive and judiciary (General Washington alone excepted),

and by a great part of the legislature, save only some members who had

been of the old Congress, and a very few of recent introduction. I

took occasion, at various times, of expressing to General Washington my

disappointment at these symptoms of a change of principle, and that

I thought them encouraged by the forms and ceremonies, which I found

prevailing, not at all in character with the simplicity of republican

government, and looking as if wishfully to those of European courts.

His general explanations to me were, that when he arrived at New York

to enter on the executive administration of the new government, he

observed to those who were to assist him, that placed as he was in an

office entirely new to him, unacquainted with the forms and ceremonies

of other governments, still less apprized of those which might be

properly established here, and himself perfectly indifferent to all

forms, he wished them to consider and prescribe what they should be; and

the task was assigned particularly to General Knox, a man of parade,

and to Colonel Humphreys, who had resided some time at a foreign court.

They, he said, were the author’s of the present regulations, and that

others were proposed so highly strained, that he absolutely rejected

them. Attentive to the difference of opinion prevailing on this subject,

when the term of his second election arrived, he called the Heads of

departments together, observed to them the situation in which he had

been at the commencement of the government, the advice he had taken, and

the course he had observed in compliance with it; that a proper occasion

had now arrived of revising that course, of correcting in it any

particulars not approved in experience; and he desired us to consult

together, agree on any changes we should think for the better, and

that he should willingly conform to what we should advise. We met at

my office. Hamilton and myself agreed at once that there was too much

ceremony for the character of our government, and, particularly, that

the parade of the installation at New York ought not to be copied on the

present occasion, that the President should desire the Chief Justice to

attend him at his chambers, that he should administer the oath of office

to him in the presence of the higher officers of the government, and

that the certificate of the fact should be delivered to the Secretary

of State to be recorded. Randolph and Knox differed from us, the

latter vehemently: they thought it not advisable to change any of the

established forms, and we authorized Randolph to report our opinions to

the President. As these opinions were divided, and no positive advice

given as to any change, no change was made. Thus the forms, which I had

censured in my letter to Mazzei, were perfectly understood by General

Washington, and were those which he himself but barely tolerated. He had

furnished me a proper occasion for proposing their reformation, and, my

opinion not prevailing, he knew I could not have meant any part of the

censure for him.

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