Your favor of January the 15th is received, and I am entirely

sensible of the kindness of the motives which suggested the caution it

recommended. But I believe what I have done is the only thing I could

have done with honor or conscience. Mr. Giles requested me to state a

fact which he knew himself, and of which he knew me to be possessed.

What use he intended to make of it I knew not, nor had I a right to

inquire, or to indicate any suspicion that he would make an unfair one.

That was his concern, not mine, and his character was sufficient to

sustain the responsibility for it. I knew, too, that if an uncandid use

should be made of it, there would be found those who would so prove it.

Independent of the terms of intimate friendship on which Mr. Giles and

myself have ever lived together, the world’s respect entitled him to

the justice of my testimony to any truth he might call for; and how that

testimony should connect me with whatever he may do or write hereafter,

and with his whole career, as you apprehend, is not understood by me.

With his personal controversies I have nothing to do. I never took any

part in them, or in those of any other person. Add to this, that the

statement I have given him on the subject of Mr. Adams, is entirely

honorable to him in every sentiment and fact it contains. There is not

a word in it which I would wish to recall. It is one which Mr. Adams

himself might willingly quote, did he need to quote any thing. It was

simply, that during the continuance of the embargo, Mr. Adams informed

me of a combination (without naming any one concerned in it), which had

for its object a severance of the Union, for a time at least. That Mr.

Adams and myself not being then in the habit of mutual consultation and

confidence, I considered it as the stronger proof of the purity of his

patriotism, which was able to lift him above all party passions when

the safety of his country was endangered. Nor have I kept this honorable

fact to myself. During the late canvass, particularly, I had more

than one occasion to quote it to persons who were expressing opinions

respecting him, of which this was a direct corrective. I have never

entertained for Mr. Adams any but sentiments of esteem and respect; and

if we have not thought alike on political subjects, I yet never doubted

the honesty of his opinions, of which the letter in question, if

published, will be an additional proof. Still, I recognise your

friendship in suggesting a review of it, and am glad of this, as of

every other occasion, of repeating to you the assurance of my constant

attachment and respect.

Th: Jefferson.

LETTER CXCI.--TO JAMES MADISON, February 17,1826

TO JAMES MADISON.

Monticello, February 17,1826.

Dear Sir,

Immediately on seeing the overwhelming vote of the House of

Representatives against giving us another dollar, I rode to the

University and desired Mr. Brockenbrough to engage in nothing new, to

stop every thing on hand which could be done without, and to employ all

his force and funds in finishing the circular room for the books, and

the Anatomical theatre. These cannot be done without; and for these

and all our debts, we have funds enough. But I think it prudent then to

clear the decks thoroughly, to see how we shall stand, and what we

may accomplish further. In the mean time, there have arrived for us in

different ports of the United States, ten boxes of books, from Paris,

seven from London, and from Germany I know not how many; in all,

perhaps, about twenty-five boxes. Not one of these can be opened until

the book-room is completely finished, and all the shelves ready to

receive their charge directly from the boxes, as they shall be opened.

This cannot be till May. I hear nothing definitive of the three thousand

dollars duty of which we are asking the remission from Congress. In the

selection of our Law Professor, we must be rigorously attentive to his

political principles. You will recollect, that, before the Revolution,

Coke Littleton was the universal elementary book of law students, and

a sounder whig never wrote, nor of profounder learning in the orthodox

doctrines of the British constitution, or in what were called English

liberties. You remember also that our lawyers were then all whigs. But

when his black-letter text, and uncouth but cunning learning got out of

fashion, and the honied Mansfieldism of Blackstone became the students’

hornbook, from that moment, that profession (the nursery of our

Congress) began to slide into toryism, and nearly all the young brood

of lawyers now are of that hue. They suppose themselves, indeed, to be

whigs, because they no longer know what whigism or republicanism means.

It is in our seminary that that vestal flame is to be kept alive; it is

thence it is to spread anew over our own and the sister States. If we

are true and vigilant in our trust, within a dozen or twenty years

a majority of our own legislature will be from our school, and many

disciples will have carried its doctrines home with them to their

several States, and will have leavened thus the whole mass. New York has

taken strong ground in vindication of the constitution; South Carolina

had already done the same. Although I was against our leading, I am

equally against omitting to follow in the same line, and backing them

firmly; and i hope that yourself or some other will mark out the track

to be pursued by us.

You will have seen in the newspapers some proceedings in the

legislature, which have cost me much mortification. My own debts had

become considerable, but not beyond the effect of some lopping of

property, which would have been little felt, when our friend ---- gave

me the coup de grace. Ever since that I have been paying twelve hundred

dollars a year interest on his debt, which, with my own, was absorbing

so much of my annual income, as that the maintenance of my family was

making deep and rapid inroads on my capital, and had already done it.

Still, sales at a fair price would leave me competently provided. Had

crops and prices for several years been such as to maintain a steady

competition of substantial bidders at market, all would have been safe.

But the long succession of years of stunted crops, of reduced prices,

the general prostration of the farming business, under levies for the

support of manufacturers, &c, with the calamitous fluctuations of

value in our paper medium, have kept agriculture in a state of abject

depression, which has peopled the western States by silently breaking

up those on the Atlantic, and glutted the land-market, while it drew off

its bidders. In such a state of things, property has lost its character

of being a resource for debts. Highland in Bedford, which, in the days

of our plethory, sold readily for from fifty to one hundred dollars the

acre (and such sales were many then), would not now sell for more than

from ten to twenty dollars, or one quarter or one fifth of its former

price. Reflecting on these things, the practice occurred to me, of

selling, on fair valuation, and by way of lottery, often resorted to

before the Revolution to effect large sales, and still in constant usage

in every State for individual as well as corporation purposes. If it is

permitted in my case, my lands here alone, with the mills, he, will pay

every thing, and leave me Monticello and a farm free. If refused, I must

sell every thing here, perhaps considerably in Bedford, move thither

with my family, where I have not even a log hut to put my head into, and

whether ground for burial, will depend on the depredations which,

under the form of sales, shall have been committed on my property. The

question then with me was, _Utrum horum?_ But why afflict you with

these details? Indeed, I cannot tell, unless pains are lessened by

communication with a friend. The friendship which has subsisted between

us, now half a century, and the harmony of our political principles and

pursuits, have been sources of constant happiness to me through that

long period. And if I remove beyond the reach of attentions to the

University, or beyond the bourne of life itself, as I soon must, it is a

comfort to leave that institution under your care, and an assurance

that it will not be wanting. It has also been a great solace to me, to

believe that you are engaged in vindicating to posterity the course we

have pursued for preserving to them, in all their purity, the blessings

of self-government, which we had assisted too in acquiring for them. If

ever the earth has beheld a system of administration conducted with a

single and steadfast eye to the general interest and happiness of those

committed to it, one which, protected by truth, can never know reproach,

it is that to which our lives have been devoted. To myself you have

been a pillar of support through life. Take care of me when dead, and be

assured that I shall leave with you my last affections.

Th: Jefferson.

[The following paper it is deemed proper to insert, as well

because of the explanation it contains of the reasons which

led the author to ask permission of the legislature to sell

his property by lottery, as of its otherwise interesting

character.]

THOUGHTS ON LOTTERIES.

It is a common idea that games of chance are immoral. But what is

chance? Nothing happens in this world without a cause. If we know the

cause, we do not call it chance; but if we do not know it, we say it was

produced by chance. If we see a loaded die turn its lightest side up,

we know the cause, and that it is not an effect of chance; but whatever

side an unloaded die turns up, not knowing the cause, we say it is

the effect of chance. Yet the morality of a thing cannot depend on our

knowledge or ignorance of its cause. Not knowing why a particular side

of an unloaded die turns up, cannot make the act of throwing it, or of

betting on it, immoral. If we consider games of chance immoral, then

every pursuit of human industry is immoral, for there is not a single

one that is not subject to chance; not one wherein you do not risk a

loss for the chance of some gain. The navigator, for example, risks

his ship in the hope (if she is not lost in the voyage) of gaining an

advantageous freight. The merchant risks his cargo to gain a better

price for it. A landholder builds a house on the risk of indemnifying

himself by a rent. The hunter hazards his time and trouble in the hope

of killing game. In all these pursuits, you stake some one thing against

another which you hope to win. But the greatest of all gamblers is the

farmer. He risks the seed he puts into the ground, the rent he pays for

the ground itself, the year’s labor on it, and the wear and tear of his

cattle and gear, to win a crop, which the chances of too much or too

little rain, and general uncertainties of weather, insects, waste, &c.

often make a total or partial loss. These, then, are games of chance.

Yet so far from being immoral, they are indispensable to the existence

of man, and every one has a natural right to choose for his pursuit such

one of them as he thinks most likely to furnish him subsistence. Almost

all these pursuits of chance produce something useful to society. But

there are some which produce nothing, and endanger the well-being of the

individuals engaged in them, or of others depending on them. Such are

games with cards, dice, billiards, &c. And although the pursuit of them

is a matter of natural right, yet society, perceiving the irresistible

bent of some of its members to pursue them, and the ruin produced by

them to the families depending on these individuals, consider it as a

case of insanity, _quoad hoc_, step in to protect the family and the

party himself, as in other cases of insanity, infancy, imbecility, &c,

and suppress the pursuit altogether, and the natural right of following

it. There are some other games of chance, useful on certain occasions,

and injurious only when carried beyond their useful bounds. Such are

insurances, lotteries, raffles, &tc. These they do not suppress, but

take their regulation under their own discretion. The insurance of

ships on voyages is a vocation of chance, yet useful, and the right to

exercise it therefore is left free. So of houses against fire, doubtful

debts, the continuance of a particular life, and similar cases. Money is

wanting for an useful undertaking, as a school, &c. for which a direct

tax would be disapproved. It is raised therefore by a lottery, wherein

the tax is laid on the willing only, that is to say, on those who can

risk the price of a ticket without sensible injury, for the possibility

of a higher prize. An article of property, insusceptible of division at

all, or not without great diminution of its worth, is sometimes of so

large value as that no purchaser can be found, while the owner owes

debts, has no other means of payment, and his creditors no other chance

of obtaining it, but by its sale at a full and fair price. The lottery

is here a salutary instrument for disposing of it, where many run small

risks for the chance of obtaining a high prize. In this way, the great

estate of the late Colonel Byrd (in 1756) was made competent to pay his

debts, which, had the whole been brought into the market at once, would

have overdone the demand, would have sold at half or quarter the value,

and sacrificed the creditors, half or three fourths of whom would have

lost their debts. This method of selling was formerly very much resorted

to, until it was thought to nourish too much a spirit of hazard. The

legislature Were therefore induced, not to suppress it altogether, but

to take it under their own special regulation. This they did, for the

first time, by their act of 1769, c.17., before which time, every person

exercised the right freely; and since which time, it is made unlawful

but when approved and authorized by a special act of the legislature.

Since then, this right of sale, by way of lottery, has been exercised

only under the discretion of the legislature. Let us examine the

purposes for which they have allowed it in practice, not looking beyond

the date of our independence.

1. It was for a long time an item of the standing revenue of the State.

1813. c. 1. § 3 An act imposing taxes for the support of government, and

c. 2. § 10.

1814. Dec. c. 1. § 3. 1814. Feb. c. 1. § 3. 1818. c. 1. § 1. 1819. c. 1.

1820. c. 1.

This then is a declaration by the nation, that an act was not immoral,

of which they were in the habitual use themselves as a part of the

regular means of supporting the government: the tax on the vender of

tickets was their share of the profits, and if their share was innocent,

his could not be criminal.

2. It has been abundantly permitted, to raise money by lottery for the

purposes of schools; and in this, as in many other cases, the lottery

has been permitted to retain a part of the money (generally from ten to

fifteen per cent.) for the use to which the lottery has been applied.

So that while the adventurers paid one hundred dollars for tickets, they

received back eighty-five or ninety dollars only, in the form of prizes,

the remaining ten or fifteen being the tax levied on them, with their

own consent. Examples are.

1784. c. 34. Authorizing the city of Williamsburg to raise £2000 for a

grammar school.

1789. c. 68. For Randolph Academy, £1000.

1789. c. 73. For Fauquier Academy, £500. c. 74. For the Fredericksburg

Academy, £4000.

1790. c. 46. For the Transylvania Seminary, £500. For the Southampton

Academy, £300.

1796. c. 82. For the New London Academy.

1803. c. 49. For the Fredericksburg Charity School. c» 50. For finishing

the Strasburg Seminary. c. 58. For William and Mary College. c. 62. For

the Bannister Academy.c. 79. For the Belfield Academy. c. 82. For the

Petersburg Academy.

1804. c. 40. For the Hotsprings Seminary. c. 76. For the Stevensburg

Academy. c.100. For William and Mary College.

1805. c. 24. For the Rumford Academy.

1812. c. 10. For the Literary Fund. To sell the privilege for $30,000

annually, for seven years.

1816. c. 80. For Norfolk Academy, $12,000. Norfolk Female Society,

$2000. Lancastrian School, $6000.

3. The next object of lotteries has been rivers.

1790. c. 46. For a bridge between Gosport and Portsmouth, £400.

1796. c. 83. For clearing Roanoke River.

1804. c. 62. For clearing Quantico Creek.

1805. c. 42. For a toll-bridge over Cheat River.

1816. c. 49. For the Dismal Swamp, $50,000.

4. For roads.

1790. c. 46. For a road to Warminster, £200. For cutting a road from

Rockfish gap to Scott’s and Nicholas’s landing, £400. 1796. c. 85. To

repair certain roads.

1803. c. 60. For improving roads to Snigger’s and Ashby’s gaps. c. 61.

For opening a road to Brock’s gap. c. 65. For opening a road from the

town of Monroe to Sweet Springs and Lewisburg.

* The acts not being at hand, the sums allowed are not known.

1803. c. 71. For improving the road to Brock’s gap.

1805. c. 5. For improving the road to Clarksburg. c. 26. For opening a

road from Monongalia Glades to Fishing Creek.

1813. c. 44. For opening a road from Thornton’s gap.

5. Lotteries for the benefit of counties.

1796. c. 78. To authorize a lottery in the county of Shenandoah. c. 84.

To authorize a lottery in the county of Gloucester.

6. Lotteries for the benefit of towns.

1782. c. 31. Richmond, for a bridge over Shockoe, amount not limited.

1789. c. 75. Alexandria, to pave its streets, £1500.

1790. c. 46. do. do. £5000. 1796. c. 79. Norfolk, one or more lotteries

authorized., c. 81. Petersburg, a lottery authorized.

1803. c. 12. Woodstock, a lottery authorized c. 48. Fredericksburg,

for improving its main street. c. 73. Harrisonburg, for improving its

streets.

7. Lotteries for religious congregations.

1785. c.lll. Completing a church in Winchester. For rebuilding a church

in the parish of Elizabeth River.

1791. c. 69. For the benefit of the Episcopal society.

1790. c. 46. For building a church in Warminster, £200. in Halifax,

£200. in Alexandria, £500. in Petersburg, £750. in Shepherdstown, £250.

8. Lotteries for private societies.

1790. c. 46. For the Amicable Society in Richmond, £1000.

1791. c. 70. For building a Freemason’s hall in Charlotte, £750.

9. Lotteries for the benefit of private individuals. [To raise money for

them.]

1796. c. 80. For the sufferers by fire in the town of Lexington.

1781. c. 6. For completing titles under Byrd’s lottery.

1790. c. 46. To erect a paper-mill in Staunton, £300. To raise £2000 for

Nathaniel Twining.

1791. c. 13. To raise £4000 for William Tatham, to enable him to

complete his geographical work. To enable---------to complete a literary

work.*

* I found such an act, but not noting it at the time, I have not been

able to find it again. But there is such an one.

We have seen, then, that every vocation in life is subject to the

influence of chance; that so far from being rendered immoral by the

admixture of that ingredient, were they abandoned on that account, man

could no longer subsist; that, among them, every one has a natural

right to choose that which he thinks most likely to give him comfortable

subsistence; but that while the greater number of these pursuits are

productive of something which adds to the necessaries and comforts of

life, others again, such as cards, dice, &ic, are entirely unproductive,

doing good to none, injury to many, yet so easy, and so seducing in

practice to men of a certain constitution of mind, that they cannot

resist the temptation, be the consequences what they may; that in this

case, as in those of insanity, idiocy, infancy, &c, it is the duty of

society to take them under its protection, even against their own acts,

and to restrain their right of choice of these pursuits, by suppressing

them entirely; that there are others, as lotteries particularly, which,

although liable to chance also, are useful for many purposes, and are

therefore retained and placed under the discretion of the legislature,

to be permitted or refused according to the circumstances of every

special case, of which they are to judge: that between the years 1782

and 1820, a space of thirty-eight years only, we have observed seventy

case’s, where the permission of them has been found useful by the

legislature, some of which are in progress at this time. These cases

relate to the emolument of the whole State, to local benefits of

education, of navigation, of roads, of counties, towns, religious

assemblies, private societies, and of individuals under particular

circumstances which may claim indulgence or favor. The latter is the

case now submitted to the legislature, and the question is, whether the

individual soliciting their attention, or his situation, may merit

that degree of consideration, which will justify the legislature in

permitting him to avail himself of the mode of selling by lottery, for

the purpose of paying his debts.

That a fair price cannot be obtained by sale in the ordinary way, and

in the present depressed state of agricultural industry, is well known.

Lands in this State will not now sell for more than a third or fourth of

what they would have brought a few years ago, perhaps at the very time

of the contraction of the debts for which they are now to be sold.

The low price in foreign markets, for a series of years past, of

agricultural produce, of wheat generally, of tobacco most commonly, and

the accumulation of duties on the articles of consumption not produced

within our State, not only disable the farmer or planter from adding to

his farm by purchase, but reduce him to sell his own, and remove to the

western country, glutting the market he leave’s, while he lessens the

number of bidders. To be protected against this sacrifice is the object

of the present application, and whether the applicant has any particular

claim to this protection, is the present question.

Here the answer must be left to others. It is not for me to give it. I

may, however, more readily than others, suggest the offices in which I

have served. I came of age in 1764, and was soon put into the nomination

of justices of the county in which I live, and at the first election

following I became one of its representatives in the legislature.

I was thence sent to the old Congress.

Then employed two years, with Mr. Pendleton and Mr. Wythe, on the

revisal and reduction to a single code of the whole body of the British

statutes, the acts of our Assembly, and certain parts of the common law.

Then elected Governor.

Next to the legislature, and to Congress again.

Sent to Europe as Minister Plenipotentiary.

Appointed Secretary of State to the new government.

Elected Vice President, and

President.

And lastly, a Visitor and Rector of the University.

In these different offices, with scarcely any interval between them, I

have been in the public service now sixty-one years; and during the far

greater part of the time, in foreign countries or in other States. Every

one knows how inevitably a Virginia estate, goes to ruin, when the owner

is so far distant as to be unable to pay attention to it himself; and

the more especially, when the line of his employment is of a character

to abstract and alienate his mind entirely from the knowledge necessary

to good, and even to saving management.

If it were thought worth while to specify any particular services

rendered, I would refer to the specification of them made by the

legislature itself in their Farewell Address, on my retiring from

the Presidency, February, 1809. [This will be found in 2 Pleasant’s

Collection, page 144.] There is one, however, not therein specified, the

most important in its consequences, of any transaction in any portion

of my life; to wit, the head I personally made against the federal

principles and proceedings, during the administration of Mr. Adams.

Their usurpations and violations of the constitution at that period, and

their majority in both Houses of Congress, were so great, so decided,

and so daring, that after combating their aggressions, inch by inch,

without being able in the least to check their career, the republican

leaders thought it would be best for them to give up their useless

efforts there, go home, get into their respective legislatures, embody

whatever of resistance they could be formed into, and if ineffectual, to

perish there as in the last ditch. All, therefore, retired, leaving

Mr. Gallatin alone in the House of Representatives, and myself in the

Senate, where I then presided as Vice-President. Remaining at our posts,

and bidding defiance to the brow-beatings and insults by which they

endeavored to drive us off also, we kept the mass of republicans in

phalanx together, until the legislatures could be brought up to the

charge; and nothing on earth is more certain, than that if myself

particularly, placed by my office of Vice-President at the head of the

republicans, had given way and withdrawn from my post, the republicans

throughout the Union would have given up in despair, and the cause

would have been lost for ever. By holding on, we obtained time for the

legislatures to come up with their weight; and those of Virginia

and Kentucky particularly, but more especially the former, by their

celebrated resolutions, saved the constitution, at its last gasp. No

person who was not a witness of the scenes of that gloomy period, can

form any idea of the afflicting persecutions and personal indignities we

had to brook. They saved our country however. The spirits of the people

were so much subdued and reduced to despair by the X. Y. Z. imposture,

and other stratagems and machinations, that they would have sunk into

apathy and monarchy, as the only form of government which could maintain

itself.

If legislative services are worth mentioning, and the stamp of

liberality and equality, which was necessary to be impressed on our laws

in the first crisis of our birth as a nation, was of any value, they

will find that the leading and most important laws of that day were

prepared by myself, and carried chiefly by my efforts; supported,

indeed, by able and faithful coadjutors from the ranks of the House,

very effective as seconds, but who would not have taken the field as

leaders.

The prohibition of the further importation of slaves, was the first of

these measures in time.

This was followed by the abolition of entails, which broke up the

hereditary and high-handed aristocracy, which, by accumulating immense

masses of property in single lines of families, had divided our country

into two distinct orders, of nobles and plebeians.

But further to complete the equality among our citizens so essential to

the maintenance of republican government, it was necessary to abolish

the principle of primogeniture. I drew the law of descents, giving equal

inheritance to sons and daughters which made a part of the revised code.

Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 4 · 第 44 / 54 段