8th. _Resolved_, That a committee of conference and correspondence

be appointed, who shall have in charge to communicate the preceding

resolutions to the Legislatures of the several States; to assure them

that this commonwealth continues in the same esteem of their friendship

and union which it has manifested from that moment at which a common

danger first suggested a common union: that it considers union, for

specified national purposes, and particularly to those specified in

their late federal compact, to be friendly to the peace, happiness and

prosperity of all the States: that faithful to that compact, according

to the plain intent and meaning in which it was understood and acceded

to by the several parties, it is sincerely anxious for its preservation:

that it does also believe, that to take from the States all the powers

of self-government and transfer them to a general and consolidated

government, without regard to the special delegations and reservations

solemnly agreed to in that compact, is not for the peace, happiness

or prosperity of these States; and that therefore this commonwealth is

determined, as it doubts not its co-States are, to submit to undelegated,

and consequently unlimited powers in no man, or body of men on earth: that

in cases of an abuse of the delegated powers, the members of the general

government, being chosen by the people, a change by the people would

be the constitutional remedy; but, where powers are assumed which have

not been delegated, a nullification of the act is the rightful remedy:

that every State has a natural right in cases not within the compact,

(casus non fœderis,) to nullify of their own authority all assumptions

of power by others within their limits: that without this right, they

would be under the dominion, absolute and unlimited, of whosoever

might exercise this right of judgment for them: that nevertheless, this

commonwealth, from motives of regard and respect for its co-States, has

wished to communicate with them on the subject: that with them alone it

is proper to communicate, they alone being parties to the compact, and

solely authorized to judge in the last resort of the powers exercised

under it, Congress being not a party, but merely the creature of the

compact, and subject as to its assumptions of power to the final judgment

of those by whom, and for whose use itself and its powers were all

created and modified: that if the acts before specified should stand,

these conclusions would flow from them; that the general government

may place any act they think proper on the list of crimes, and punish

it themselves whether enumerated or not enumerated by the constitution

as cognizable by them: that they may transfer its cognizance to the

President, or any other person, who may himself be the accuser, counsel,

judge and jury, whose _suspicions_ may be the evidence, his _order_ the

sentence, his _officer_ the executioner, and his breast the sole record

of the transaction: that a very numerous and valuable description of

the inhabitants of these States being, by this precedent, reduced, as

outlaws, to the absolute dominion of one man, and the barrier of the

Constitution thus swept away from us all, no rampart now remains against

the passions and the powers of a majority in Congress to protect from

a like exportation, or other more grievous punishment, the minority of

the same body, the legislatures, judges, governors and counsellors of

the States, nor their other peaceable inhabitants, who may venture to

reclaim the constitutional rights and liberties of the States and people,

or who for other causes, good or bad, may be obnoxious to the views,

or marked by the suspicions of the President, or be thought dangerous

to his or their election, or other interests, public or personal: that

the friendless alien has indeed been selected as the safest subject of

a first experiment; but the citizen will soon follow, or rather, has

already followed, for already has a sedition act marked him as its prey:

that these and successive acts of the same character, unless arrested

at the threshold, necessarily drive these States into revolution and

blood, and will furnish new calumnies against republican government,

and new pretexts for those who wish it to be believed that man cannot

be governed but by a rod of iron: that it would be a dangerous delusion

were a confidence in the men of our choice to silence our fears for

the safety of our rights: that confidence is everywhere the parent of

despotism--free government is founded in jealousy, and not in confidence;

it is jealousy and not confidence which prescribes limited constitutions,

to bind down those whom we are obliged to trust with power: that our

Constitution has accordingly fixed the limits to which, and no further,

our confidence may go; and let the honest advocate of confidence read the

Alien and Sedition acts, and say if the Constitution has not been wise

in fixing limits to the government it created, and whether we should be

wise in destroying those limits. Let him say what the government is, if

it be not a tyranny, which the men of our choice have conferred on our

President, and the President of our choice has assented to, and accepted

over the friendly strangers to whom the mild spirit of our country and

its laws have pledged hospitality and protection: that the men of our

choice have more respected the bare _suspicions_ of the President, than

the solid right of innocence, the claims of justification, the sacred

force of truth, and the forms and substance of law and justice. In

questions of power, then, let no more be heard of confidence in man, but

bind him down from mischief by the chains of the Constitution. That this

commonwealth does therefore call on its co-States for an expression of

their sentiments on the acts concerning aliens, and for the punishment of

certain crimes herein before specified, plainly declaring whether these

acts are or are not authorized by the federal compact. And it doubts

not that their sense will be so announced as to prove their attachment

unaltered to limited government, whether general or particular. And that

the rights and liberties of their co-States will be exposed to no dangers

by remaining embarked in a common bottom with their own. That they will

concur with this commonwealth in considering the said acts as so palpably

against the Constitution as to amount to an undisguised declaration

that that compact is not meant to be the measure of the powers of the

General Government, but that it will proceed in the exercise over these

States, of all powers whatsoever: that they will view this as seizing the

rights of the States, and consolidating them in the hands of the General

Government, with a power assumed to bind the States, (not merely as the

cases made federal, (casus fœderis,) but) in all cases whatsoever, by

laws made, not with their consent, but by others against their consent:

that this would be to surrender the form of government we have chosen,

and live under one deriving its powers from its own will, and not from

our authority; and that the co-States, recurring to their natural right

in cases not made federal, will concur in declaring these acts void, and

of no force, and will each take measures of its own for providing that

neither these acts, nor any others of the General Government not plainly

and intentionally authorized by the Constitution, shall be exercised

within their respective territories.

9th, _Resolved_, That the said committee be authorized to communicate by

writing or personal conferences, at any times or places whatever, with

any person or persons who may be appointed by any one or more co-States

to correspond or confer with them; and that they lay their proceedings

before the next session of Assembly.

FOOTNOTE:

[20] [Two copies of these resolutions are preserved among

the manuscripts of the author, both in his own handwriting.

One is a rough draught, and the other very neatly and

carefully prepared. The probability is, that they are the

original of the celebrated Kentucky Resolutions on the

same subject.--ED.]

XL.

_Dr. Stevens' case._[21] _June 12th, 1804._

I consider the annual act which appropriates a given sum to the expenses

of intercourse with foreign nations, as a sufficient authority to the

President (the constitutional organ of foreign intercourse) to expend

that sum for the purposes of foreign intercourse at his discretion. If

he abuses that discretion, he is responsible for it in a constitutional

way. The legal restrictions on this power are, 1. That for outfit or

compensation for personal services and expenses to certain specified

grades (which are those chiefly used by the United States), not more than

specified sums shall be allowed. 2. That the whole expenses shall not

exceed the sum appropriated. 3. That an account of the expenditure shall

be rendered. The sum on which these restrictions leave the executive

discretion to act, is too small to excite any rational jealousy, or

to render it useful to restrict it further by rigorous and unusual

constructions. The executive, therefore, is believed to be free to make

allowance to the specified grades for any object than those (for personal

services and expenses), and to employ any unspecified grade on such

salary and allowance as he thinks proper within the limits of the whole

appropriation. Nor is any law, or principle of law known, which would

forbid the superadding these agencies and allowances for them to the

ordinary functions of a court minister, &c. I consider the appointment,

therefore, and allowance to Dr. Stevens to have been within the limits

of the Executive authority.

Whenever it is agreed between two parties that certain services shall

be performed by the one for the other, and no special compensation is

stipulated, the law understands their intention to be that a _quantum

meruit_, or a reasonable compensation shall be allowed. Such an agreement

will therefore be implied by law in the case of Dr. Stevens. What is

that reasonable compensation? Not his expenses, however extravagant,

even if a contract could be proved that his expenses were to be paid.

The law understands such a promise to mean his reasonable expenses only.

His functions were in a certain degree of a diplomatic nature. Yet the

government to which he was sent, not being independent, he could not be

invested formally with any diplomatic grade. If we place him, therefore,

on the level of the lowest grade, that of a chargé des affaires, and make

that the measure of his _quantum meruit_, we shall do him full justice.

No circumstance justifies his assuming a higher place.

But shall he be considered as a permanent agent, and therefore entitled

to an outfit, or only as an occasional one to be allowed the reasonable

expenses of his passage, which is the rule with occasional diplomatic

agents? His not having been nominated to the Senate clearly excludes him

from the character of a permanent agent, if it does not take from him

all legal character after their first session following his appointment.

To draw such a line as will admit the Executive, during the recess of

the Senate, to despatch a special agent for a particular purpose without

awaiting their approbation, and yet not enable him, by continuing that

agent permanently, to evade the constitutional approbation of the Senate,

and to keep up a separate corps of diplomacy of his own, will require

great consideration, caution and candor, and until it be done, great

attention in the Executive to keep within unquestionable bounds. I do

not think, however, that the right of Dr. Stevens ought to depend on

that definition. An individual who is employed by the highest public

functionary to do a public service within the line of his authority, is

bound to consider him as acting with legal powers, and as alone charged

with all the responsibility if he transcends his powers. Dr. Stevens

had a right to expect the Executive would nominate him to the Senate

for approbation, if that nomination was necessary. He proceeds in his

duty, and supposes the Executive does the same, and ought not to lose

his right by the failure of the latter. The public in such case should

pay the individual, and take on themselves the measures necessary to

prevent similar infractions of the Constitution in future.

Questions meriting great consideration, have been made as to the

sufficiency of the evidence offered in support of Dr. Stevens' claims.

The settling by a _quantum meruit_, the claim (for personal services and

expenses) gets rid of this question so far. For that the services were

performed is notorious, and that it was by public authority, results from

the whole correspondence. It has been suspected, indeed, that there was

no contract, nor any other reward intended than certain privileges of

commerce. But this is not the way the United States pay their servants.

Monopolizing compensations are among the most fatal abuses which some

governments practice from false economy. They are not the usage here,

and if suggested, the _onus probandi_ is thrown on the party suggesting

it. The law will presume a fair and usual contract, but not one which

is improper and unusual.

The claim for travelling expenses within the limits of his agency, would

require proof of positive contract. When an agent for a limited district,

is sent into another, his expenses have been usually allowed; but never

those of travelling to and from places within his regular care, and for

the regular purposes of that care. His general allowance compensates

his general superintendence over the whole, and to pay him for visiting

each particular part also, would be a double payment. This would lead

to endless claims and difficulties.

The hire of despatch vessels has been attended with such singular

circumstances as excite almost invincible suspicion that they came on

the ordinary business of the mercantile house. This means of conveying

information is so expensive, that it is not allowed even to diplomatic

agencies, but on great and important emergencies, on each of which as it

arises, the Department of State will decide, at the risk of the agent

venturing on it. Whether these despatch vessels came purely on public

account, and whether the matter they were charged with justified the

expense, should be strictly inquired into.

Inquiry will doubtless also be made, 1, whether Mr. Yard's connection

in interest with Dr. Stevens will admit him to be a witness in this

case; and 2, if it does, his testimony will be estimated, as every other

man's is which is given under circumstances of bias of which he is not

sensible himself.

In deciding on these questions of evidence, we are bound to proceed

by the same laws of evidence which govern the courts of justice. These

are the laws of the land, admitting no exceptions of person, public or

private. The laws in refusing an appeal to the ordinary tribunals in

questions between an individual and the public, and leaving the decision

in the executive department, has changed the judge in this instance,

but not the law. It has given judiciary but not legislative powers; and

the laws of the land are the inheritance and the right of every man,

before whatever tribunal he is brought. For instance, that a contract

need not be on record; that it may be by parol as well as in writing,

that a written contract may be controlled by verbal agreement or other

intrinsic matter, are principles of law to which Dr. Stevens is entitled

on the one hand, as it is our duty, on the other, to bring his claims

to the test of law, to sift the facts on which they rest by the common

rules of evidence, and to decide according to these on every item of his

accounts, not weakly to relieve an individual by giving him the public

money, nor arbitrarily to withhold by public power what is justly due to

an individual. This investigation cannot be better trusted than to the

justice and judgment of the comptroller, to whom therefore it is referred.

FOOTNOTE:

[21]

June 12th, 1804.

MR. GALLATIN,--On the subject of Dr. Stevens' case, I had,

before receiving your letter, endeavored to form as correct

a judgment as I could, and had made some notes, keeping

them open till I might see whether anything further should

be added. I have this morning put them into some form.

Of the purity of the motives of your objections, it was

impossible I should ever entertain a moment's doubt. Of

my opinion of their solidity, you will see a proof in the

conclusions I have drawn, and which will probably condemn

more than the half of Dr. Stevens' claims. I enclose you a

copy of my opinion on the subject, which may serve as the

direction of the Department of State to the comptroller.

Accept my affectionate salutations.

XLI.

_Notes on a Draught for a second Inaugural Address._

The former one was an exposition of the principles on which I thought

it my duty to administer the government. The second, then, should

naturally be a _compte rendu_, or a statement of facts showing that I

have conformed to those principles. The former was _promise_: this is

_performance_. Yet the nature of the occasion requires that detail should

be avoided; that the most prominent heads only should be selected, and

these placed in a strong light, but in as few words as possible. These

heads are foreign affairs, domestic ditto, viz.: Taxes, Debts, Louisiana,

Religion, Indians, the Press. None of these heads need any commentary

but that of Indians. This is a proper topic, not only to promote the

work of humanizing our citizens towards these people, but to conciliate

to us the good opinion of Europe on the subject of the Indians. This,

however, might have been done in half the compass it here occupies. But

every respecter of science, every friend to political reformation, must

have observed with indignation the hue and cry raised against philosophy

and the rights of man; and it really seems as if they would be overborne,

and barbarism, bigotry, and despotism, would recover the ground they

have lost by the advance of the public understanding. I have thought the

occasion justified some discountenance of these anti-social doctrines,

some testimony against them. But not to commit myself in direct warfare

on them, I have thought it best to say what is directly applied to the

Indians only, but admits by inference a more general extension.

XLII.

_Farewell Address to Th: Jefferson. President of the United States._

[Agreed to by both Houses, Feb. 7, 1809.]

Sir,--The General Assembly of your native State cannot close their

session, without acknowledging your services in the office which you are

just about to lay down, and bidding you a respectful and affectionate

farewell.

We have to thank you for the model of an administration conducted on

the purest principles of republicanism; for pomp and state laid aside;

patronage discarded; internal taxes abolished; a host of superfluous

officers disbanded; the monarchic maxim "that a national debt is a

national blessing," renounced, and more than thirty-three millions of

our debt discharged; the native right to nearly one hundred millions

of acres of our national domain extinguished; and, without the guilt or

calamities of conquest, a vast and fertile region added to our country,

far more extensive than her original possessions, bringing along with it

the Mississippi and the port of Orleans, the trade of the west to the

Pacific Ocean, and in the intrinsic value of the land itself, a source

of permanent and almost inexhaustible revenue. These are points in your

administration which the historian will not fail to seize, to expand,

and teach posterity to dwell upon with delight. Nor will he forget our

peace with the civilized world, preserved through a season of uncommon

difficulty and trial; the good will cultivated with the unfortunate

aborigines of our country, and the civilization humanely extended among

them; the lesson taught the inhabitants of the coast of Barbary, that we

have the means of chastising their piratical encroachments, and awing them

into justice; and that theme, on which, above all others, the historic

genius will hang with rapture, the liberty of speech and of the press

preserved inviolate, without which genius and science are given to man

in vain.

In the principles on which you have administered the government, we see

only the continuation and maturity of the same virtues and abilities,

which drew upon you in your youth the resentment of Dunmore. From the

first brilliant and happy moment of your resistance to foreign tyranny,

until the present day, we mark with pleasure and with gratitude the same

uniform, consistent character, the same warm and devoted attachment

to liberty and the republic, the same Roman love of your country, her

rights, her peace, her honor, her prosperity.

How blessed will be the retirement into which you are about to go! How

deservedly blessed will it be! For you carry with you the richest of all

rewards, the recollection of a life well spent in the service of your

country, and proofs the most decisive, of the love, the gratitude, the

veneration of your countrymen.

That your retirement may be as happy as your life has been virtuous and

useful; that our youth may see in the blissful close of your days, an

additional inducement to form themselves on your model, is the devout and

earnest prayer of your fellow citizens who compose the General Assembly

of Virginia.

XLIII.

_Notes on Fifth Volume of Marshall's Life of Washington._

Page 2. _"The practicability of perpetuating his authority," &c._ I

am satisfied that General Washington had not a wish to perpetuate his

authority; but he who supposes it was practicable, had he wished it,

knows nothing of the spirit of America, either of the people or of those

who possessed their confidence. There was indeed a cabal of the officers

of the army who proposed to establish a monarchy and to propose it to

General Washington. He frowned indignantly at the proposition, [according

to the information which got abroad,] and Rufus King and some few civil

characters, chiefly [indeed, I believe, to a man] north of Maryland, who

joined in this intrigue. But they never dared openly to avow it, knowing

that the spirit which had produced a change in the form of government

was alive to the preservation of it.

Page 28. The member of Congress here alluded to was myself, and the

extracts quoted, was part of a letter from myself in answer to one

General Washington wrote. (See both.) General Washington called on me at

Annapolis (where I then was as a member of Congress), on his way to the

meeting of the Cincinnati in Philadelphia. We had much conversation on the

institution, which was chiefly an amplification of the sentiments in our

letters, and, in conclusion, after I had stated to him the modifications

which I thought might remove all jealousies, as well as dangers, and the

parts which might still be retained, he appeared to make up his mind, and

said: "No! not a fibre of it must be retained--no half-way reformation

will suffice. If the thing be bad, it must be totally abolished." And

he declared his determination to use his utmost endeavors to have it

entirely abolished. On his return from Philadelphia he called on me

again at Annapolis, and sat with me until a very late hour in the night,

giving me an account of what passed in their convention. The sum of it

was that he had exerted his whole influence in every way in his power

to procure an abolition; that the opposition to it was extreme, and

especially from some of the younger members; but that after several days

of struggle within doors and without, a general sentiment was obtained

for its entire abolition. Whether any vote had been taken on it or not,

I do not remember; but his affirmation to me was, that within a few days

(I think he said two or three) it would have been formally abolished.

Just in that moment arrived Major L'Enfant, who had been sent to France

to procure the Eagles, and to offer the order to the French officers who

had served in America. He brought the King's permission to his officers

to accept it, the letters of thanks of these officers accepting it,

letters of solicitation from other officers to obtain it, and the Eagles

themselves. The effect of all this on the minds of the members was to

undo much of what had been done; to rekindle all the passions which had

produced the institution, and silence all the dictates of prudence, which

had been operating for its abolition. After this, the General said, the

utmost that could be effected was the modification which took place, and

which provided for its extinction with the death of the existing members.

He declined the Presidency, and, I think, Baron Steuben was appointed. I

went soon after to France. While there, M. de Munier, charged with that

part of the Encyclopedie Methodique which relates to economy politique

and diplomatique, called on me with the article of that dictionary,

"Etats Unis," which he had prepared ready for the press, and begged I

would revise it and make any notes on it which I should think necessary

towards rendering it correct. I furnished him most of the matter of his

fifth, sixth, eighth, ninth, and tenth sections of the article "Etats

Unis," with which, however, he intermixed some of his own. The ninth is

that which relates to the Cincinnati. On this subject, the section, as

prepared by him, was an unjust and incorrect Philippic against General

Washington and the American officers in general. I wrote a substitute

for it, which he adopted, but still retaining considerable of his own

matter, and interspersing it in various parts.

Page 33. _"In a government constituted," &c._ Here begins the artful

complexion he has given to the two parties, Federal and Republican. In

describing the first by their views and motives, he implies an opposition

to those motives in their opponents which is totally untrue. The real

difference consisted in their different degrees of inclination to Monarchy

or Republicanism. The Federalists wished for everything which would

approach our new government to a Monarchy. The Republicans to preserve

it essentially Republican. This was the true origin of the division,

and remains still the essential principle of difference between the two

parties.

XLIV.

_Scheme for a system of Agricultural Societies. March, 1811._

Several persons, farmers and planters of the county of Albemarle, having,

during their visits and occasional meetings together, in conversations

on the subjects of their agricultural pursuits, received considerable

benefits from an intercommunication of their plans and processes in

husbandry, they have imagined that these benefits might be usefully

extended by enlarging the field of communication so as to embrace the

whole dimensions of the State. Were practical and observing husbandmen

in each county to form themselves into a society, commit to writing

themselves, or state in conversations at their meetings to be written

down by others, their practices and observations, their experiences

and ideas, selections from these might be made from time to time by

every one for his own use, or by the society or a committee of it, for

more general purposes. By an interchange of these selections among the

societies of the different counties, each might thus become possessed of

the useful ideas and processes of the whole; and every one adopt such

of them as he should deem suitable to his own situation. Or to abridge

the labor of such multiplied correspondences, a central society might

be agreed on to which, as a common deposit, all the others should send

their communications. The society thus honored by the general confidence,

would doubtless feel and fulfil the duty of selecting such papers as

should be worthy of entire communication, of extracting and digesting

from others whatever might be useful, and of condensing their matter

within such compass as might reconcile it to the reading, as well as to

the purchase of the great mass of practical men. Many circumstances would

recommend, for the central society, that which should be established in

the county of the seat of government. The necessary relations of every

county with that would afford facilities for all the transmissions which

should take place between them. The annual meeting of the legislature at

that place, the individuals of which would most frequently be members of

their county societies, would give opportunities of informal conferences

which might promote a general and useful understanding among all the

societies; and presses established there offer conveniences entirely

peculiar to that situation.

In a country, of whose interests agriculture forms the basis, wherein the

sum of productions is limited by the quantity of the labor it possesses,

and not of its lands, a more judicious employment of that labor would be a

clear addition of gain to individuals as well as to the nation, now lost

to both by a want of skill and information in its direction. Every one

must have seen farms otherwise equal, the one producing the double of the

other by the superior culture and management of its possessor; and every

one must have under his eye numerous examples of persons setting out in

life with no other possession than skill in agriculture, and speedily,

by its sole exercise, acquire wealth and independence. To promote,

therefore, the diffusion of this skill, and thereby to procure, with the

same labor now employed, greater means of subsistence and of happiness

to our fellow citizens, is the ultimate object of this Association; and

towards effecting it, we consider the following particulars among those

most worthy of the attention of the societies proposed.

1st. And principally the cultivation of our primary staples of wheat,

tobacco, and hemp, for market.

2d. All subsidiary articles for the support of the farm, the food, the

clothing and the comfort of the household, as Indian corn, rye, oats,

barley, buckwheat, millet, the family of peas and beans, the whole family

of grasses, turnips, potatoes, Jerusalem artichokes, and other useful

roots, cotton and flax, the garden and orchard.

3d. The care and services of useful animals for the saddle or draught,

for food or clothing, and the destruction of noxious quadrupeds, fowls,

insects, and reptiles.

4th. Rotations of crops, and the circumstances which should govern or

vary them, according to the varieties of soil, climate, and markets, of

our different counties.

5th. Implements of husbandry and operations with them, among which

the plough and all its kindred instruments for dividing the soil,

holds the first place, and the threshing machine an important one, the

simplification of which is a great desideratum. Successful examples,

too, of improvement in the operations of these instruments would be

an excitement to correct the slovenly and unproductive practices too

generally prevalent.

6th. Farm buildings and conveniences, inclosures, roads, fuel, timber.

7th. Manures, plaster, green-dressings, fallows, and other means of

ameliorating the soil.

8th. Calendars of works, showing how a given number of laborers and of

draught animals are to be employed every day in the year so as to perform

within themselves, and in their due time, according to the usual course

of seasons, all the operations of a farm of given size. This being

essential to the proportioning the labor to the size of the farm.

9th. A succinct report of the different practices of husbandry in the

county, including the bad as well as the good, that those who follow the

former may read and see their own condemnation in the same page which

offers better examples for their adoption. It is believed that a judicious

execution of this article alone, might nearly supersede every other duty

of the society, inasmuch as it would present every good practice which

has occurred to the mind of any cultivator of the State for imitation,

and every bad one for avoidance. And the choicest processes culled from

every farm, would compose a course probably near perfection.

10th. The county communications being first digested in their respective

societies, a methodical and compact digest and publication of these would

be the duty of the central society; and on the judicious performance of

this, would in a great degree depend the utility of the institutions,

and extent of improvement flowing from them.

11th. That we may not deter from becoming members, those practical and

observing husbandmen whose knowledge is the most valuable, and who are

mostly to be found in that portion of citizens with whom the observance

of economy is necessary, all duties of every kind should be performed

gratis; and to defray the expenses of the central publication alone,

each member should pay at the first stated meeting of his society in

every year, ---- dollars, for which he should be entitled to receive a

copy of the publication bound in boards.

12th. The first association of ---- persons in any county notifying

themselves as constituted to the central society, should be received

as the society of the county making a part of the general establishment

here proposed; but every county society should be free to adopt associate

members, although residents of other counties, and to receive and avail

the institution of communications from persons not members, whether in

or out of their county.

We are far from presuming to offer this organization and these principles

of constitution as complete, and worthy the implicit adoption of other

societies. They are suggested only as propositions for consideration

and amendment, and we shall readily accede to any others more likely to

effect the purposes we have in view. We know that agricultural societies

are already established in some counties; but we are not informed of

their particular constitutions. We request these to be admitted into

their brotherhood, and to make with them parts of one great whole. We

have learned that such a society is formed or forming at the seat of our

government. We ask their affiliation, and give them our suffrage for the

station of central society. We promise to all our zealous co-operation in

promoting the objects of the institution, and to contribute our mite in

exchange for the more abundant information we shall receive from others.

For these purposes we now constitute ourselves an agricultural society

of the county of Albemarle, and adopt as rules for present observance,

the principles before stated.

Our further organization shall be a President, Secretary and Treasurer,

to be chosen at the first stated meeting to be held in every year, by a

majority of the members present, provided those present be a majority of

the existing members, and to continue in office until another election

shall be made.

There shall be four stated meetings in ever year, to wit: on the first

Mondays in January, April, July and October.

The place of meeting, and rules of the society, shall be established,

revoked or altered, and new members admitted, at any of the stated

meetings, by a majority of the attending members, if they be a majority

of those present, not being less than one-fourth of the whole. And, lest

the powers given to the greater quorum of a majority of the whole, should

at any time remain unexercised from insufficient attendance, the same

may be exercised by a resolution of the lesser quorum of one-fourth,

passed at a stated meeting: provided it be confirmed at the next stated

meeting, by either a greater or lesser quorum, and in the meantime have

no force.

Those who for two whole years shall not have attended any stated meeting

shall, _ipso facto_, cease to be members. And to ascertain at all times

who are the existing members, the names of those attending every meeting

shall be regularly entered in the journals of the society.

The President shall preside at all meetings when present, and when

absent, a president _pro tempore_ may be appointed for that purpose _by

those present_.

XLV.

_Observations on the force and obligation of the common law in the

United States, on the occasion of Hardin's case, in Kentucky. November

11th, 1812._

The _common law of England_ is that system of law which was established

in that country anterior to the Magna Charta, 9 H. 3, before which period

no statutes are extant of record. It is used in contradistinction to

the term _statute law_, which comprehends all the laws passed by their

Parliament from the Magna Charta down to this day.

The term _common law_ is used also in contradistinction to the _chancery_,

as when we speak of the doctrines or courts of the common law, the

doctrines or courts of chancery, and then include the _statute law_ also.

In which sense the term is used, must always depend on the subject matter.

On the settlement of the colonies now composing the United States, and

the establishment of a legislature in each of them, that legislature,

in some cases, finding that the enacting a complete code of laws, which

should reach every transaction needing legislative regulation, would

be far beyond their time and abilities, adopted, by an express act of

their own, the laws of England as they stood at that date, comprehending

the common law, statutes to that period, and the chancery law. In other

cases, instead of adopting them by an express statute of their own, they

considered themselves as having brought with them, and been, even on

their passage, under the constant obligation of the laws of the mother

country, and on their arrival they continued to practice them without

any act of adoption, which practice or usage is evidence that there was

an adoption by general consent. In the case of Connecticut, they did not

adopt the common law of England at all as their basis, but declared by an

act of their own, that the law of God, as it stood revealed in the Old

and New Testament, should be the basis of their laws, to be subject to

such alterations as they should make. In all the cases where the common

law, or laws of England, were adopted either expressly or tacitly, the

legislatures held of course, and exercised the power of making additions

and alterations.

As the different States were settled at very different periods, and

the adoption for each State was the laws of England as they stood at

the moment of the adoption by the State, it is evident that the system

as adopted in 1607 by Virginia, was one thing, as by Pennsylvania was

another thing, as by Georgia, in 1759, was still a different one. And

when to this is added the very diversified modifications of the adoptive

code, produced by the subsequent laws passed by the legislatures of the

different States, the system of common law in force in any one State on

the 24th of September, 1789, when Congress assumed the jurisdiction given

them by the Constitution, was very different from the systems in force

at the same moment in the several other States: that in all of these the

common law was in force by virtue of the adoption of the State, express

or tacit, and that it was not in force in Connecticut, because they had

never adopted it.

Having settled, by way of preliminary, to what extent, and by what

authority, the common law of England is the law of each of the States,

we will proceed to consider how far, and by what authority, it is the

law of the United States as a national government.

By the Constitution, the General Government has jurisdiction in all cases

arising under the Constitution, under the (constitutional) laws of the

United States, and under treaties; in all cases, too, of ambassadors,

of admiralty jurisdiction, where the United States is a party, between

a State or its citizens, or another State or its citizens, or a foreign

State or its citizens.

The General Government, then, had a right to take under their cognizance

all these cases, and no others. This might have been done by Congress, by

passing a complete code, assuming the whole field of their jurisdiction,

and applying uniformly to every State, without any respect to the laws

of that State. But, like the State legislatures, who had been placed

before in a similar situation, they felt that it was a work of too much

time and difficulty to be undertaken. Observing, therefore, that (except

cases of piracy and murder on the high seas) all the cases within their

jurisdiction must arise in some of the States, they declared by the act

Sept. 24, 1789, c. 20, § 34, "That the laws of the several States, except

where the Constitution, treaties, or statutes of the United States shall

otherwise provide, shall be regarded as rules of decision in trials

at _common law_ in the courts of the United States in cases where they

apply."

Here, then, Congress adopt for each State the laws of that State; and

among the laws so adopted were portions of the common law, greater or

less in different States, and in force, not by any innate authority of

its own, but by the adoption or enacting of it by the State authority.

Now what was the opinion to which this was opposed? Several judges

of the General Government declared that "the common law of England is

the unwritten law of the United States in their national and federal

capacity." A State judge, in a printed work, lays it down as "certainly

wrong to say that the judiciary power of the nation can exercise no

authority but what depends for its principle on acts of the national

legislature." And then quoting the preamble to the Constitution of

the United States, which says that its object is "to insure domestic

tranquillity, promote the general welfare," &c., he adds, that "what

is here expressed is the _common law_ of the whole country," and that

"whatever is in opposition to it, whether treason, insurrection, sedition,

murder, riot, assaults, batteries, thefts or robberies, may be punished

as crimes, independent of any act of Congress." And opinions equivalent

to this were declared by one party on the floor of Congress. This is

the doctrine which the republicans declared heretical. They deny that

Congress can pass any law not authorized by the Constitution, and that

the judges can act on any law not authorized by Congress, or by the

Constitution in very direct terms.

If the true doctrine then be, that certain portions of the common and

statute law of England be in force in the different States by virtue of

the adoption of that State, and in the federal courts of the same State

by virtue of the adoption by Congress of the laws of that State within

its limits, then whenever a case is presented to a federal court, they

are to ask themselves the following questions:

1. Is this case within any of the definitions of jurisdiction given by

the Constitution to the General Government? If it be decided that it

is, then

2. Has Congress by any positive statute assumed cognizance of this case

as permitted them by the Constitution? To determine this question, the

judge must first look into the statutes of Congress generally; if he

finds it not there, he must look into the laws of the State, as well as

that portion of the English code which the State may have adopted, as

the acts passed specially by the legislature. If the case be actually

found provided for in these laws, another question still remains, viz.:

3. Is the law of the State applicable to the analogous case of the

General Government? for it may happen that a law of the State, adapted

perfectly to its own organization and local circumstances, may not

tally with the different organization or circumstances of the federal

government. If the difference be such as to defeat the application,

it must be considered as a case unprovided for by Congress, and not

cognizable in their courts. Just so parts of the common or statute law

of England are found by the State judges inapplicable to their State

from a difference of circumstance. These differences of circumstance

will be shaded off from nothing to direct inconsistence, and it will be

only by many decisions on a great variety of cases that the line will

at length be drawn.

Let us apply these questions to Hardin's case, which is simply this:

Congress, by an express statute, 1802, c. 13, § 6, have made the murder

of an Indian within the territory of the United States punishable by

death. A murder is committed on an Indian in that territory. The murderers

fly to Kentucky. They are demanded by the Governor of Indiana of the

Governor of Kentucky; under whose authority our officer attempting to

take them, they are protected by Hardin and others in arms.

1. Is this case within the jurisdiction of Congress? _Answer._ Congress

having a right "to make all rules and regulations respecting the territory

of the United States," have declared this to be a case of murder. As

they can "make all laws necessary and proper for carrying their powers

into execution," they can make the protecting a murderer criminal in

any part of the United States.

2. Has Congress assumed cognizance of the offence of Hardin? We must

first examine whether the act of Congress, 1790, c. 9, § 22, takes in

this offence. Then whether the laws of Kentucky, common, statute, or

State law, as adopted by Congress, comprehend this offence.

3. Whether any difference of organization or other circumstance renders

the law of Kentucky inapplicable to this offence, can be decided by

those only who are particularly acquainted with that law.

XLVI.

_Plan for Elementary Schools._

POPLAR FOREST, Sept 9th, 1817.

DEAR SIR,--I promised you that I would put into the form of a bill my

plan of establishing the Elementary Schools, without taking a cent from

the Literary fund. I have had leisure at this place, to do this, and now

send you the result. If twelve or fifteen hundred schools are to be placed

under one general administration, an attention so divided will amount

to a dereliction of them to themselves. It is surely better, then, to

place each school at once under the care of those most interested in its

conduct. In this way the Literary fund is left untouched to complete at

once the whole system of education, by establishing a college in every

district of about eighty miles square, for the second grade of education,

to wit: languages, ancient and modern, and for the third grade a single

University, in which the sciences shall be taught in their highest degree.

I should apologize, perhaps, for the style of this bill. I dislike the

verbose and intricate style of the English statutes, and in our revised

code I endeavored to restore it to the simple one of the ancient statutes,

in such original bills as I drew in that work. I suppose the reformation

has not been acceptable, as it has been little followed. You, however,

can easily correct this bill to the taste of my brother lawyers, by

making every other word a "said" or "aforesaid," and saying everything

over two or three times, so that nobody but we of the craft can untwist

the diction, and find out what it means; and that, too, not so plainly

but that we may conscientiously divide one half on each side. Mend it,

therefore, in form and substance to the orthodox taste, and make it what

it should be; or, if you think it radically wrong, try something else,

and let us make a beginning in some way. No matter how wrong, experience

will amend it as we go along, and make it effectual in the end.

I shall see you of course at our stated visitation, and hope all the

gentlemen will consider Monticello as the rendezvous of the preceding

day or evening.

I salute you with friendship and respect.

* * * * *

_An Act for establishing Elementary Schools._

1. Be it enacted by the General Assembly of Virginia, that at the first

session of the Superior Court in every county within this commonwealth,

next ensuing the passage of this act, the judge thereof shall appoint

three discreet and well-informed persons, residents of the county, and

not being ministers of the gospel[22] of any denomination, to serve

as visitors of the Elementary Schools in the said county; of which

appointment the sheriff shall, within fifteen days thereafter deliver a

certificate, under the hand of the clerk of the said court, to each of

the persons so appointed.

2. The said visitors shall meet at the court-house of their county on

the first county court day after they shall have received notice of

their appointment, and afterwards at such times and places as they, or

any two of them, with reasonable notice to the third, shall have agreed;

and shall proceed to divide their county into wards,[23] by metes and

bounds so designated as to comprehend each, about the number of militia

sufficient for a company, and so also as not to divide, and throw into

different wards[24] the lands of any one person held in one body; which

division into wards shall, within six months from the date of their

appointment, be completely designated, published, and reported, by their

metes and bounds, to the office of the clerk of the Superior Court,

there to be recorded, subject, however, to such alterations, from time

to time afterwards, as changes of circumstances shall, in the opinion

of the said visitors or their successors, with the approbation of the

said court, render expedient.

3. The original division into wards being made, the visitors shall

appoint days for the first meeting of every ward, at such place as they

shall name within the same, of which appointment notice shall be given

at least two weeks before the day of meeting, by advertisement at some

public place within the ward, requiring every free, white male citizen,

of full age, resident within the ward, to meet at the place, and by the

hour of twelve of the day so appointed, at which meeting some one of the

visitors shall also attend, and a majority of the said warders being

in attendance, the visitor present shall propose to them to decide by

a majority of their votes,--1. The location of a school-house for the

ward, and a dwelling-house for the teacher, (the owner of the ground

consenting thereto.) 2. The size and structure of the said houses; and

3. Whether the same shall be built by the joint labor of the warders,

or by their pecuniary contributions; and also 4. To elect by a plurality

of their votes a warden, resident, who shall direct and superintend the

said buildings, and be charged with their future care.

4. And if they decide that the said buildings[25] shall be erected by

the joint labor of the warders, then all persons within the said ward

liable to work in the highways, shall attend at the order of the warden,

and, under his direction, shall labor thereon until completed, under

the same penalties as provided by law to enforce labor on the highways.

And if they decide on erection by pecuniary contributions, the residents

and owners of property within the ward shall contribute toward the cost,

each in proportion to the taxes they last paid to the State for their

persons and for the same property: of which the sheriff or commissioners

shall furnish a statement to the warden, who, according to the ratio of

that statement, shall apportion and assess the quota of contribution

for each, and be authorized to demand, receive, and apply the same to

the purposes of the contribution, and to render account thereof, as in

all other his pecuniary transactions for the school, to the visitors;

and on failure of payment by any contributor, the sheriff, on the order

of the warden, shall collect and render the same under like powers and

regulations as provided for the collection of the public taxes. And

in every case it shall be the duty of the warden to have the buildings

completed within six months from the date of his election.

5. It shall be the duty of the said visitors to seek and to employ for

every ward,[26] whenever the number and ages of its children require it,

a person of good moral character, qualified to teach reading, writing,

numeral arithmetic and geography, whose subsistence shall be furnished by

the residents and proprietors of the ward, either in money or in kind, at

the choice of each contributor, and in the ratio of their public taxes,

to be apportioned and levied as on the failures before provided for. The

teacher shall also have the use of the house and accommodations provided

for him, and shall moreover receive annually such standing wages as the

visitors shall have determined to be proportioned on the residents and

proprietors of the ward, and to be paid, levied and applied as before

provided in other cases of pecuniary contribution. At this school shall

be received and instructed gratis, every infant of competent age who has

not already had three years schooling. And it is declared and enacted,

that no person unborn or under the age of twelve years at the passing

of this act, and who is _compos mentis_, shall, after the age of fifteen

years, be a citizen of this commonwealth until he or she can read readily

in some tongue, native or acquired.

6. To keep up a constant succession of visitors, the judge of the Superior

Court of every county shall at his first session in every bissextile year,

appoint visitors as before characterized, either the same or others, at

his discretion. And in case of the death or resignation of any visitor

during the term of his appointment, or of his removal by the said judge

for good cause, moral or physical, he shall appoint another to serve

until the next bissextile appointment. Which visitors shall have their

first meeting at their court house on the county court day next ensuing

their appointment, and afterwards at such times and places as themselves

or any two of them with reasonable notice to the third shall agree.

But the election of wardens shall be annually, at the first meeting of

the ward after the month of March, until which election the warden last

elected shall continue in office.

7. All ward meetings shall be at their school house, and on a failure

of the meeting of a majority of the wardens on the call of a visitor,

or of their warden, such visitor or warden may call another meeting.

8. At all times when repairs or alterations of the buildings before

provided for shall be wanting, it shall be the duty of the warden or of

a visitor, to call a ward meeting and to take the same measures towards

such repairs or alterations as are herein before authorized for the

original buildings.

9. When, on the application of any warden, authorized thereto by the

vote of his ward, the judge of the Superior Court shall be of opinion

that the contributors of any particular ward are disproportionably

and oppressively overburthened with an unusual number of children of

non-contributors of their ward, he may direct an order to the county

court to assess in their next county levy the whole or such part of the

extra burthen as he shall think excessive and unreasonable, to be paid

to the warden for its proper use, to which order the said county court

is required to conform.

10. The said teachers shall, in all things relating to the education and

government of their pupils, be under the direction and control of the

visitors; but no religious reading, instruction or exercise, shall be

prescribed or practiced inconsistent with the tenets of any religious

sect or denomination.

11. Some one of the visitors, once in every year at least, shall visit

the several schools: shall inquire into the proceedings and practices

thereat: shall examine the progress of the pupils, and give to those

who excel in reading, in writing, in arithmetic, or in geography, such

honorary marks and testimonies of approbation, as may encourage and

excite to industry and emulation.

12. All decisions and proceedings of the visitors relative to the original

designation of wards at any time before the buildings are begun, or

changes of wards at any time after, to the quantum of subsistence, or

wages allowed to the teacher, and to the rules prescribed to him for the

education and government of his pupils, shall be subject to be controlled

and corrected by the judge of the Superior Court of the county, on the

complaint of any individual aggrieved or interested.

FOOTNOTES:

[22] § 1. Ministers of the Gospel are excluded to avoid

jealousy from the other sects, were the public education

committed to the ministers of a particular one; and with

more reason than in the case of their exclusion from the

legislative and executive functions.

[23] § 2. This designation of the size of a ward is

founded on these considerations: 1st. That the population

which furnishes a company of militia will generally about

furnish children enough for a school. 2d. That in most

instances, at present, the militia captaincies being laid

off compactly by known and convenient metes and bounds, many

will be adopted without change, and others will furnish a

canvas to work on and to reform. 3d. That these wards once

established, will be found convenient and salutary aids

in the administration of government, of which they will

constitute the organic elements, and the first integral

members in the composition of the military.

[24] § 3. The prohibition to place among different wards

the lands of a single individual, held in a body is, 1st.

To save the proprietor from the perplexity of multiplied

responsibilities; and 2. To prevent arbitrary and inconsistent

apportionments, by different wardens, of the comparative

values of the different portions of his lands in their

respective wards.

[25] § 4. It is presumed that the wards will generally

build such log-houses for the school and teacher as they

now do, and will join force and build them themselves,

experience proving them to be as comfortable as they

are cheap. Nor would it be advisable to build expensive

houses in the country wards, which, from changes in their

population, will be liable to changes of their boundaries

and consequent displacements of their centre, drawing

with it a removal of their school-house. In towns, better

houses may be more safely built, or rented for both purposes.

[26] § 5. Estimating eight hundred militia to a county,

there will be twelve captaincies or wards in a county on

an average. Suppose each of these, three years in every

six, to have children enough for a school, who have not

yet had three years schooling; such a county will employ

six teachers, each serving two wards by alternate terms.

These teachers will be taken from the laboring classes, as

they are now, to wit: from that which furnishes mechanics,

overseers and tillers of the earth; and they will chiefly

be the cripples, the weakly and the old, of that class, who

will have been qualified for these functions by the ward

schools themselves. If put on a footing then, for wages and

subsistence, with the young and the able of their class,

they will be liberally compensated: say with one hundred

and fifty dollars wages and the usual allowance of meat

and bread. The subsistence will probably be contributed in

kind by the warders, out of their family stock. The wages

alone will be a pecuniary tax of about nine hundred dollars.

To a county, this addition would be of about one-fifth of

the taxes we now pay to the State, or about one-fifth of

one per cent, on every man's taxable property; if tax can

be called that which we give to our children in the most

valuable of all forms, that of instruction. Were those

schools to be established on the public funds, and to be

managed by the Governor and council, or the commissioners

of the Literary fund, brick houses to be built for the

schools and teachers, high wages and subsistence given

them, they would be badly managed, depraved by abuses,

and would exhaust the whole Literary fund. While under the

eye and animadversion of the wards, and the control of the

wardens and visitors, economy, diligence, and correctness

of conduct, will be enforced, the whole Literary fund will

be spared to complete the general system of education,

by colleges in every district for instruction in the

languages, and an university for the whole of the higher

sciences; and this, by an addition to our contributions

almost insensible, and which, in fact, will not be felt

as a burthen, because applied immediately and visibly to

the good of our children.

A question of some doubt might be raised on the latter

part of this section, as to the rights and duties of

society towards its members, infant and adult. Is it a

right or a duty in society to take care of their infant

members in opposition to the will of the parent? How far

does this right and duty extend?--to guard the life of

the infant, his property, his instruction, his morals?

The Roman father was supreme in all these: we draw a line,

but where?--public sentiment does not seem to have traced

it precisely. Nor is it necessary in the present case.

It is better to tolerate the rare instance of a parent

refusing to let his child be educated, than to shock the

common feelings and ideas by the forcible asportation and

education of the infant against the will of the father. What

is proposed here is to remove the objection of expense,

by offering education gratis, and to strengthen parental

excitement by the disfranchisement of his child while

uneducated. Society has certainly a right to disavow him

whom they offer, and are not permitted to qualify for the

duties of a citizen. If we do not force instruction, let

us at least strengthen the motives to receive it when offered.

XLVII.

_The solemn Declaration and Protest of the Commonwealth of Virginia,

on the principles of the Constitution of the United States of America,

and on the violations of them._

We, the General Assembly of Virginia, on behalf, and in the name of the

people thereof, do declare as follows:

The States in North America which confederated to establish their

independence of the government of Great Britain, of which Virginia was

one, became, on that acquisition, free and independent States, and as

such, authorized to constitute governments, each for itself, in such

form as it thought best.

They entered into a compact, (which is called the Constitution of the

United States of America,) by which they agreed to unite in a single

government as to their relations with each other, and with foreign

nations, and as to certain other articles particularly specified. They

retained at the same time, each to itself, the other rights of independent

government, comprehending mainly their domestic interests.

For the administration of their federal branch, they agreed to appoint,

in conjunction, a distinct set of functionaries, legislative, executive,

and judiciary, in the manner settled in that compact: while to each,

severally, and of course, remained its original right of appointing, each

for itself, a separate set of functionaries, legislative, executive,

and judiciary, also, for administering the domestic branch of their

respective governments.

These two sets of officers, each independent of the other, constitute thus

a _whole_ of government, for each State separately; the powers ascribed

to the one, as specifically made federal, exercised over the whole, the

residuary powers, retained to the other, exercisable exclusively over

its particular State, foreign herein, each to the others, as they were

before the original compact.

To this construction of government and distribution of its powers, the

commonwealth of Virginia does religiously and affectionately adhere,

opposing, with equal fidelity and firmness, the usurpation of either

set of functionaries on the rightful powers of the other.

But the federal branch has assumed in some cases, and claimed in others,

a right of enlarging its own powers by constructions, inferences, and

indefinite deductions from those directly given, which this assembly

does declare to be usurpations of the powers retained to the independent

branches, mere interpolations into the compact, and direct infractions

of it.

They claim, for example, and have commenced the exercise of a right to

construct roads, open canals, and effect other internal improvements

within the territories and jurisdictions exclusively belonging to the

several States, which this assembly does declare has not been given to

that branch by the constitutional compact, but remains to each State

among its domestic and unalienated powers, exercisable within itself

and by its domestic authorities alone.

This assembly does further disavow and declare to be most false and

unfounded, the doctrine that the compact, in authorizing its federal

branch to lay and collect taxes, duties, imposts and excises to pay

the debts and provide for the common defence and general welfare of the

United States, has given them thereby a power to do whatever _they_ may

think, or pretend, would promote the general welfare, which construction

would make that, of itself, a complete government, without limitation

of powers; but that the plain sense and obvious meaning were, that they

might levy the taxes necessary to provide for the general welfare, by

the various acts of power therein specified and delegated to them, and

by no others.

Nor is it admitted, as has been said, that the people of these States, by

not investing their federal branch with all the means of bettering their

condition, have denied to themselves any which may effect that purpose;

since, in the distribution of these means they have given to that branch

those which belong to its department, and to the States have reserved

separately the residue which belong to them separately. And thus by the

organization of the two branches taken together, have completely secured

the first object of human association, the full improvement of their

condition, and reserved to themselves all the faculties of multiplying

their own blessings.

Whilst the General Assembly thus declares the rights retained by the

States, rights which they have never yielded, and which this State

will never voluntarily yield, they do not mean to raise the banner of

disaffection, or of separation from their sister States, co-parties

with themselves to this compact. They know and value too highly the

blessings of their Union as to foreign nations and questions arising

among themselves, to consider every infraction as to be met by actual

resistance. They respect too affectionately the opinions of those

possessing the same rights under the same instrument, to make every

difference of construction a ground of immediate rupture. They would,

indeed, consider such a rupture as among the greatest calamities which

could befall them; but not the greatest. There is yet one greater,

submission to a government of unlimited powers. It is only when the

hope of avoiding this shall become absolutely desperate, that further

forbearance could not be indulged. Should a majority of the co-parties,

therefore, contrary to the expectation and hope of this assembly, prefer,

at this time, acquiescence in these assumptions of power by the federal

member of the government, we will be patient and suffer much, under

the confidence that time, ere it be too late, will prove to them also

the bitter consequences in which that usurpation will involve us all.

In the meanwhile, we will breast with them, rather than separate from

them, every misfortune, save that only of living under a government of

unlimited powers. We owe every other sacrifice to ourselves, to our

federal brethren, and to the world at large, to pursue with temper

and perseverance the great experiment which shall prove that man is

capable of living in society, governing itself by laws self-imposed, and

securing to its members the enjoyment of life, liberty, property, and

peace; and further to show, that even when the government of its choice

shall manifest a tendency to degeneracy, we are not at once to despair

but that the will and the watchfulness of its sounder parts will reform

its aberrations, recall it to original and legitimate principles, and

restrain it within the rightful limits of self-government. And these

are the objects of this Declaration and Protest.

Supposing then, that it might be for the good of the whole, as some of

its co-States seem to think, that the power of making roads and canals

should be added to those directly given to the federal branch, as more

likely to be systematically and beneficially directed, than by the

independent action of the several States, this commonwealth, from respect

to these opinions, and a desire of conciliation with its co-States, will

consent, in concurrence with them, to make this addition, provided it be

done regularly by an amendment of the compact, in the way established by

that instrument, and provided also, it be sufficiently guarded against

abuses, compromises, and corrupt practices, not only of possible, but

of probable occurrence.

And as a further pledge of the sincere and cordial attachment of this

commonwealth to the union of the whole, so far as has been consented

to by the compact called "The Constitution of the United States of

America," (constructed according to the plain and ordinary meaning

of its language, to the common intendment of the time, and of those

who framed it;) to give also to all parties and authorities, time for

reflection and for consideration, whether, under a temperate view of

the possible consequences, and especially of the constant obstructions

which an equivocal majority must ever expect to meet, they will still

prefer the assumption of this power rather than its acceptance from the

free will of their constituents; and to preserve peace in the meanwhile,

we proceed to make it the duty of our citizens, until the legislature

shall otherwise and ultimately decide, to acquiesce under those acts

of the federal branch of our government which we have declared to be

usurpations, and against which, in point of right, we do protest as null

and void, and never to be quoted as precedents of right.

We therefore do enact, and be it enacted by the General Assembly of

Virginia, that all citizens of this commonwealth, and persons and

authorities within the same, shall pay full obedience at all times to

the acts which may be passed by the Congress of the United States, the

object of which shall be the construction of post roads, making canals of

navigation, and maintaining the same in any part of the United States,

in like manner as if said acts were, _totidem verbis_, passed by the

Legislature of this Commonwealth.

XLVIII.

_Thoughts on Lotteries. February, 1826._

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, &c. 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 a 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 jurisdiction 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 £2,000

for a grammar school.

1789. c. 68. For Randolph Academy, £1,000.

1789. c. 73. For Fauquier Academy, £500.

c. 74. For the Fredericksburg Academy, £4,000.

1790. c. 46. For the Transylvanian Seminary, £500.

For the Southampton Academy, £300.

1796. c. 82. For the New London Academy. }[27]

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, $2,000.

Lancastrian School, $6,000.

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.

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, £1,500.

1790. c. 46. do. do. £5,000.

1796. c. 79. Norfolk, one or more lotteries authorized.

c. 81. Petersburg, a lottery authorized.

1803. c. 12. Woodstock, do.

c. 48. Fredericksburg, for improving its main street.

c. 73. Harrisonburg, for improving its streets.

7. Lotteries for religious congregations.

1785. c. 111. 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, £1,000.

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 £2,000 for Nathaniel Twining.

1791. c. 73. To raise £4,000 for William Tatham, to enable

him to complete his geographical work.

To enable ---- to complete a literary work.[28]

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, &c., 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 cases, 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 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 reduces him to sell his own, and remove to the western country,

glutting the market he leaves, 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 justice 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 Legislature

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 forever. By holding on, we obtained

time for the Legislature 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 imposed 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.

The attack on the establishment of a dominant religion, was first made

by myself. It could be carried at first only by a suspension of salaries

for one year, by battling it again at the next session for another year,

and so from year to year, until the public mind was ripened for the

bill for establishing religious freedom, which I had prepared for the

revised code also. This was at length established permanently, and by

the efforts chiefly of Mr. Madison, being myself in Europe at the time

that work was brought forward.

To these particular services, I think I might add the establishment of

our University, as principally my work, acknowledging at the same time,

as I do, the great assistance received from my able colleagues of the

Visitation. But my residence in the vicinity threw, of course, on me

the chief burthen of the enterprise, as well of the buildings as of the

general organization and care of the whole. The effect of this institution

on the future fame, fortune and prosperity of our country, can as yet

be seen but at a distance. But an hundred well-educated youths, which

it will turn out annually, and ere long, will fill all its offices with

men of superior qualifications, and raise it from its humble state to

an eminence among its associates which it has never yet known; no, not

in its brightest days. That institution is now qualified to raise its

youth to an order of science unequalled in any other State; and this

superiority will be the greater from the free range of mind encouraged

there, and the restraint imposed at other seminaries by the shackles

of a domineering hierarchy, and a bigoted adhesion to ancient habits.

Those now on the theatre of affairs will enjoy the ineffable happiness of

seeing themselves succeeded by sons of a grade of science beyond their

own ken. Our sister States will also be repairing to the same fountains

of instruction, will bring hither their genius to be kindled at our fire,

and will carry back the fraternal affections which, nourished by the same

_alma mater_, will knit us to them by the indissoluble bonds of early

personal friendships. The good Old Dominion, the blessed mother of us

all, will then raise her head with pride among the nations, will present

to them that splendor of genius which she has ever possessed, but has

too long suffered to rest uncultivated and unknown, and will become a

centre of ralliance to the States whose youth she has instructed, and,

as it were, adopted.

I claim some share in the merits of this great work of regeneration. My

whole labors, now for many years, have been devoted to it, and I stand

pledged to follow it up through the remnant of life remaining to me.

And what remuneration do I ask? Money from the treasury? Not a cent. I

ask nothing from the earnings or labors of my fellow citizens. I wish

no man's comforts to be abridged for the enlargement of mine. For the

services rendered on all occasions, I have been always paid to my full

satisfaction. I never wished a dollar more than what the law had fixed

on. My request is, only to be permitted to sell my own property freely

to pay my own debts. To _sell_ it, I say, and not to _sacrifice_ it, not

to have it gobbled up by speculators to make fortunes for themselves,

leaving unpaid those who have trusted to my good faith, and myself without

resource in the last and most helpless stage of life. If permitted to

sell it in a way which will bring me a fair price, all will be honestly

and honorably paid, and a competence left for myself, and for those who

look to me for subsistence. To sell it in a way which will offend no moral

principle, and expose none to risk but the willing, and those wishing

to be permitted to take the chance of gain. To give me, in short, that

permission which you often allow to others for purposes not more moral.

Will it be objected, that although not evil in itself, it may, as a

precedent, lead to evil? But let those who shall quote the precedent

bring their case within the same measure. Have they, as in this case,

devoted three-score years and one of their lives, uninterruptedly, to

the service of their country? Have the times of those services been

as trying as those which have embraced our Revolution, our transition

from a colonial to a free structure of government? Have the stations of

their trial been of equal importance? Has the share they have borne in

holding their new government to its genuine principles, been equally

marked? And has the cause of the distress, against which they seek a

remedy, proceeded, not merely from themselves, but from errors of the

public authorities, disordering the circulating medium, over which they

had no control, and which have, in fact, doubled and trebled debts, by

reducing, in that proportion, the value of the property which was to pay

them? If all these circumstances, which characterize the present case,

have taken place in theirs also, then follow the precedent. Be assured,

the cases will be so rare as to produce no embarrassment, as never to

settle into an injurious habit. The single feature of a sixty years'

service, as no other instance of it has yet occurred in our country, so

it probably never may again. And should it occur, even once and again,

it will not impoverish your treasury, as it takes nothing from that, and

asks but a simple permission, by an act of natural right, to do one of

moral justice.

FOOTNOTES:

[27] The acts not being at hand, the sums allowed are not known.

[28] 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.

XLIX.

_Mr. Jefferson's Will._

I, Thomas Jefferson, of Monticello, in Albemarle, being of sound mind

and in my ordinary state of health, make my last will and testament in

manner and form as follows:

I give to my grandson Francis Eppes, son of my dear deceased daughter

Mary Eppes, in fee simple, all that part of my lands at Poplar Forest

lying west of the following lines, to wit: beginning at Radford's upper

corner, near the double branches of Bear Creek and the public road, and

running thence in a straight line to the fork of my private road, near

the barn; thence along that private road, (as it was changed in 1817,)

to its crossing of the main branch of North Tomahawk Creek; and from

that crossing, in a direct line over the main ridge which divides the

North and South Tomahawk, to the South Tomahawk, at the confluence of

two branches where the old road to the Waterlick crossed it, and from

that confluence up the northernmost branch, (which separate M'Daniels'

and Perry's fields,) to its source; and thence by the shortest line

to my western boundary. And having, in a former correspondence with

my deceased son-in-law John W. Eppes, contemplated laying off for him,

with remainder to my grandson Francis, a certain portion in the southern

part of my lands in Bedford and Campbell, which I afterwards found to be

generally more indifferent than I had supposed, and therefore determined

to change its location for the better; now to remove all doubt, if

any could arise on a purpose merely voluntary and unexecuted, I hereby

declare that what I have herein given to my said grandson Francis, is

instead of, and not additional to, what I had formerly contemplated. I

subject all my other property to the payment of my debts in the first

place. Considering the insolvent state of the affairs of my friend and

son-in-law Thomas Mann Randolph, and that what will remain of my property

will be the only resource against the want in which his family would

otherwise be left, it must be his wish, as it is my duty, to guard that

resource against all liability for his debts, engagements or purposes

whatsoever, and to preclude the rights, powers, and authorities over

it, which might result to him by operation of law, and which might,

independently of his will, bring it within the power of his creditors,

I do hereby devise and bequeath all the residue of my property, real

and personal, in possession or in action, whether held in my own right,

or in that of my dear deceased wife, according to the powers vested

in me by deed of settlement for that purpose, to my grandson Thomas J.

Randolph, and my friends Nicholas P. Trist and Alexander Garrett, and

their heirs, during the life of my said son-in-law Thomas M. Randolph,

to be held and administered by them, in trust, for the sole and separate

use and behoof of my dear daughter Martha Randolph, and her heirs; and

aware of the nice and difficult distinction of the law in these cases,

I will further explain by saying, that I understand and intend the

effect of these limitations to be, that the legal estate and actual

occupation shall be vested in my said trustees, and held by them in

base fee, determinable on the death of my said son-in-law, and the

remainder during the same time be vested in my said daughter and her

heirs, and of course disposable by her last will, and that at the death

of my said son-in-law, the particular estate of the trustees shall be

determined, and the remainder, in legal estate, possession, and use,

become vested in my said daughter and her heirs, in absolute property

forever. In consequence of the variety and indescribableness of the

articles of property within the house at Monticello, and the difficulty

of inventorying and appraising them separately and specifically, and

its inutility, I dispense with having them inventoried and appraised;

and it is my will that my executors be not held to give any security for

the administration of my estate. I appoint my grandson Thomas Jefferson

Randolph, my sole executor during his life, and after his death, I

constitute executors my friends Nicholas P. Trist and Alexander Garrett,

joining to them my daughter Martha Randolph, after the death of my said

son-in-law Thomas M. Randolph. Lastly, I revoke all former wills by me

heretofore made; and in witness that this is my will, I have written

the whole with my own hand on two pages, and have subscribed my name

to each of them this sixteenth day of March, one thousand eight hundred

and twenty-six.

* * * * *

I, Thomas Jefferson, of Monticello, in Albemarle, make and add the

following codicil to my will, controlling the same so far as its

provisions go:

I recommend to my daughter Martha Randolph, the maintenance and care

of my well beloved sister Anne Scott, and trust confidently that from

affection to her, as well as for my sake, she will never let her want a

comfort. I have made no specific provision for the comfortable maintenance

of my son-in-law Thomas M. Randolph, because of the difficulty and

uncertainty of devising terms which shall vest any beneficial interest

in him, which the law will not transfer to the benefit of his creditors,

to the destitution of my daughter and her family, and disablement of

her to supply him: whereas, property placed under the exclusive control

of my daughter and her independent will, as if she were a femme sole,

considering the relation in which she stands both to him and his children,

will be a certain resource against want for all.

I give to my friend James Madison, of Montpelier, my gold-mounted

walking staff of animal horn, as a token of the cordial and affectionate

friendship which for nearly now an half century, has united us in the

same principles and pursuits of what we have deemed for the greatest

good of our country.

I give to the University of Virginia my library, except such particular

books only, and of the same edition, as it may already possess, when this

legacy shall take effect; the rest of my said library, remaining after

those given to the University shall have been taken out, I give to my two

grandsons-in-law Nicholas P. Trist and Joseph Coolidge. To my grandson

Thomas Jefferson Randolph, I give my silver watch in preference of the

golden one, because of its superior excellence. My papers of business

going of course to him, as my executor, all others of a literary or

other character I give to him as of his own property.

I give a gold watch to each of my grandchildren, who shall not have

already received one from me, to be purchased and delivered by my executor

to my grandsons, at the age of twenty-one, and granddaughters at that

of sixteen.

I give to my good, affectionate, and faithful servant Burwell, his

freedom, and the sum of three hundred dollars, to buy necessaries to

commence his trade of glazier, or to use otherwise, as he pleases.

I give also to my good servants John Hemings and Joe Fossett, their

freedom at the end of one year after my death; and to each of them

respectively, all the tools of their respective shops or callings; and

it is my will that a comfortable log-house be built for each of the three

servants so emancipated, on some part of my lands convenient to them with

respect to the residence of their wives, and to Charlottesville and the

University, where they will be mostly employed, and reasonably convenient

also to the interests of the proprietor of the lands, of which houses

I give the use of one, with a curtilage of an acre to each, during his

life or personal occupation thereof.

I give also to John Hemings the service of his two apprentices Madison

and Eston Hemings, until their respective ages of twenty-one years, at

which period respectively, I give them their freedom; and I humbly and

earnestly request of the legislature of Virginia a confirmation of the

bequest of freedom to these servants, with permission to remain in this

State, where their families and connections are, as an additional instance

of the favor, of which I have received so many other manifestations in

the course of my life, and for which I now give them my last, solemn,

and dutiful thanks.

In testimony that this is a codicil to my will of yesterday's date, and

that it is to modify so far the provisions of that will, I have written

it all with my own hand in two pages, to each of which I subscribe my

name, this seventeenth day of March, one thousand eight hundred and

twenty-six.

GENERAL INDEX.

(A.)

_Aborigines of America._--

Vol. iii.--

The origin of, 109.

Vol. viii., 344.

_Adams, John._--

Vol. i.--

His views of the Articles of Confederation, 33.

Appointed Minister to England, 63.

His presentation at the Court of St. James, 436.

Vol. ii.--

Views of character of, 107.

Vol. ix., 97.

His recall from England, 110.

Mr. Jefferson's views of his new work, 128, 282.

Vol. iii.--

His alienation from Mr. Jefferson, 257.

His anonymous contributions to newspapers, 267.

Letters from Jefferson, explaining the difference between them,

270.

Vol. iv., 545, 555, 560.

Friendly relations with Jefferson restored, 292.

Vol. v., 559, 560.

Vol. vi., 30, 31, 36, 125.

Vol. iv.--

Opposition to his administration on the question of war with

France, 229.

The effects of his war policy, 234, 235.

Expenses of his administration, 259.

State of parties during his administration, 262, 263.

His appointments to office, 356, 383, 386.

Relations between him and Jefferson, 545, 555, 560.

Policy of his administration relative to French war, 290, 291,

298.

Vol. v.--

Difference between his political opinions and Hamilton's, 551.

Vol. vi.--

His views of Washington's administration, 157.

His political principles, 152, 162, 166, 208, 357, 473, 500.

Vol. ix., 189, 194.

Terrorism excited against him, 155.

His religious opinions, 150, 159, 168, 171, 174, 172, 204, 208,

251, 264, 325, 357, 473, 545, 599, 601.

Vol. vii., 59, 68, 219, 280.

[See Religion.]

His views of the eighteenth and nineteenth centuries, 501, 545.

The French encyclopedists, 555.

His views of different systems of philosophy, 556.

His views on aristocracy, 160, 222, 254, 260.

Vol. vii.--

His estimate of life, 30.

His reading, 59, 69.

Calumnies of Pickering against, 58, 62.

His views of metaphysics, 71.

His views of Bonaparte, 71.

Letter of condolence to, from Mr. Jefferson, 107.

Oldest signer of the Declaration of Independence, 218, 219.

Vol. ix.--

In favor of a strong government, 189, 194.

Believes disunion inevitable, 203.

_Adams, John Q._--

Vol. vii.--

Made Secretary of State, 85.

_Adams, Samuel._--

Vol. i.--

His character, 121.

_Advice._--

Vol. vii.--

Letter of, 401.

_Agriculture._--

Vol. i.--

Superiority to all other pursuits, 403, 465.

That of England and France compared, 549.

Vol. ii.--

Condition of, in the South of France, 135.

Vol. iv.--

Profits of, in Virginia, 1.

Vol. v.--

The science of, 224.

Implements of, 226.

Products of, adapted to U. States, 314.

Jefferson's partiality for.

[See Jefferson, Thomas.]

Vol. ix.--

Scheme for general system of agricultural societies.

_Albemarle County._--

Vol. vi.--

Its climate, soil and natural advantages, 431.

_Albinos._--

Vol. viii.--

Description of, 318.

_Alexander, Emperor._--

Vol. v.--

Bust of, presented to Jefferson, 6.

His character, 7, 526.

Vol. vii., 20.

His intervention in favor of neutral rights, 8.

Vol. vii.--

His views, 20.

[See Russia.]

_Aliens._--

Vol. i.--

Who are and who are not aliens, 530.

Vol. ix.--

The rights and privileges of, 262.

_Alien and sedition laws (The)._--

Vol. iv.--

Proposal of, 237, 242, 244.

Objections to, 258.

Copy of Kentucky resolutions sent to Mr. Madison, 258.

Resolutions on, by Kentucky, 305.

[See Kentucky.]

Vol. ix.--

Resolutions relative to, 464.

_Algiers._--

[See Barbary States.]--

War with, the best policy.

Vol. iii., 164.

_Almanacs._--

Vol. vi.--

Improvements in suggested, 29.

_America, United States of._--

Vol. i.--

Imperfections of articles of confederation, 78.

A new constitution for, necessary, 78.

Views of, prevalent in Europe, 407, 413.

Views of public affairs in U. States in the year 1785, 423.

English calumnies against, 427.

Hostile feeling of England against, 429, 464, 541, 550, 563,

604.

Low reputation of, in Europe, 513.

Extravagance of people of, 550.

Summary of news from, 349.

[See U. States.]

Vol. iii.--

Origin of the Aborigines of, 109.

Vol. viii., 344.

Vol. viii.--

Whether men and animals degenerate in, 312.

_Anas (The)._--

Vol. ix.--

Explanation of, 87.

_Anatomy._--

Vol. vii.--

Experiments in, 388.

_Anglo-Saxon._--

Vol. vii.--

The language, 416.

_Antiquities._--

Vol. ii.--

Monuments of in South of France, 132, 133, 134.

In Western America, 176.

_Antoinette, Maria._--

Vol. i.--

Her character, 88, 101.

Vol. ii., 154, 310.

_Apocalypse (The)._--

Vol. vii.--

Views of, 394.

_Apportionment._--

Vol. iii.--

Bill apportioning representation, 384.

_Aristocracy._--

Vol. vi.--

Views on, 160, 222, 254, 360.

[See Virginia.]

[See Adams, J.]

_Arms._--

Vol. i.--

Supply of, for Congress, 603.

Vol. v.--

When loaned by government, 168, 238, 240.

Vol. ix.--

Application for, by governor of Pennsylvania, 159.

_Army._--

Vol. iv.--

Reduction of, 430.

Vol. viii.--

Objections to standing army, 11.

Vol. ix.--

Pickering's views on, 194.

_Army, Revolutionary._--

Vol. i.--

Virginia troops in, 235.

Continental troops in, 235.

Disasters of, in the South, 241, 249.

Success in Canada, 202.

Supplies of men, provisions and ammunition from Virginia for

Southern army, 243, 244, 245, 246, 247, 249, 251, 252,

253, 260, 262, 263, 273, 274, 285, 288, 302, 304.

[See Virginia.]

The movements of the Southern Army, 291, 294, 296, 298, 299,

300, 302, 303, 309.

Expedition against Canada, 206.

Military movements in Virginia, 207.

Progress of the war, 211.

Vol. ix.--

False accounts of our battles circulated in Europe, 207.

Mutiny in, 258.

_Arnold, Benedict._--

Vol. vii.--

His invasion of Virginia, 144.

Vol. ix., 212, 320.

_Articles of Confederation._--

[See Confederation.]

_Asquith Lister._--

Vol. i.--

Relative to his imprisonment in France on charge of being

engaged in contraband trade, 583.

_Assumption._--

[See Debts, State.]

_Astronomy._--

Vol. i.--

Discoveries in, 447, 516.

Vol. v.--

Its application to navigation, 374.

Vol. vi.--

Astronomical observations, 27, 28.

Vol. vii.--

New method of finding longitude, 223, 226.

_Aubaine, Droit d'._--

Vol. iii.--

Law of, in France, relative to citizens in new States, 189.

Its abolition in France, 259.

_Austria._--

Vol. i.--

Relations between the Emperor of, and the Dutch, 346, 353,

355, 358, 365, 400, 405.

Relations between Austria, Russia and Turkey, 400.

Treaty of commerce with, 510, 523, 566, 571.

Vol. ii.--

Our commercial relations with, 28.

Relations of, with the Netherlands, 289.

" " with Prussia and France, 315, 344, 371.

" " with Turkey, 392, 396, 510, 531, 552.

(B.)

_Bacon's Rebellion._--

Vol. iv.--

View of, 528.

_Baily, M._--

Vol. iii.--

Made Mayor of Paris, 78.

_Balls, Birth-night._--

Vol. iv.--

Dissensions about, 218.

_Balloons._--

Vol. i.--

Experiments with, in France, 54, 441.

_Banks._--

Vol. ii.--

Jefferson's view of the English banking system, 405.

Vol. v.--

Excess of, 516.

Vol. vi.--

Evils of the system of, 295, 300, 381, 434, 498, 515.

Vol. vii., 64, 111, 115.

Jefferson's hostility to, 305, 381, 605.

Suspension of, in 1814, 381.

Vol. vii., 142.

Number of, at different periods, 434.

Vol. vii.--

Suspension of, 142.

Distress resulting therefrom, 151.

Jefferson's plan for reducing circulating medium, 146.

_Bank of Philadelphia._--

Vol. ii.--

Charter of, 24.

_Bank, U. States (The)._--

Vol. iii.--

Shares in, taken immediately, 268.

Vol. v.--

Question of its constitutionality, 412.

Vol. ix., 191.

Vol. vi.--

Views of the plan for, proposed in 1813, 228.

Vol. ix.--

The origin of, 95.

_Bankrupt Bills._--

Vol. iii.--

Views on, 495.

Vol. ix., 431.

_Barbary States._--

Vol. i.--

Naval alliance against, proposed, 65, 591, 606.

It fails, 67.

Disposition of, towards U. States, 401, 413, 428.

Relations of U. States with, 376, 393, 557, 560, 565, 570,

572, 575, 584, 591, 601.

Vol. viii., 8, 30, 31, 33, 35, 51, 65, 96, 97.

A minister should be sent to, 406.

Mr. Barclay sent as minister to Morocco, 416, 474.

Vol. iii., 261.

Letter to Emperor of, 418.

Vol. iii., 264.

Instructions to Mr. Barclay, 420.

Inquiries to be made by him, 421.

Mr. Lambe sent on mission to Algiers, 376, 438, 457, 474, 581.

Embarrassments occasioned by his delay, 376, 385.

Remanded to America to give information relative to his

mission, 581.

His equivocal conduct, 605.

Passports for ministers to, 471.

American prisoners in, 439, 477, 601.

Negotiations with the Tripoline minister, 551.

Naval war against, advisable, 591.

Vol. ii.--

Hostile relations of, with U. States, 10, 26, 27, 85.

Treaty with Morocco, 72, 94, 125.

Its ratification, 264.

Treaty with Algiers fails, 85.

Intervention of the Mathurin Monks in favor of our Algerine

prisoners, 93, 113, 270, 307, 386.

Redemption of our Algerine prisoners, 307, 380, 464, 564.

Vol. iii.--

Provision for our Algerine prisoners, 209, 436, 533.

Vol. iv.--

War with Tripoli, 574.

Vol. viii., 7, 17.

Vol. vii.--

Piracies of, 520.

Efforts to redeem Algerine prisoners, 532.

Vol. viii.--

Peace with, restored, 50.

Case of Hamet Caramalli, ex-bashaw of Tripoli, 54.

Difficulties with Tunis, 61.

Vol. ix.--

Plan for an European alliance against, 307.

How best to secure peace with, 424.

Question of ransom of captives, 424.

_Barclay, Thomas._--

Vol. ii.--

His arrest at Bordeaux, 155, 158, 159, 226.

His return to U. States, 183.

His pecuniary embarrassments, 183, 210.

His character, 210, 211.

Vol. iii.--

His second mission to Morocco, 261.

_Barlow, Joel._--

Vol. v.--

His Columbiad, 238.

His History of the U. States, 496.

His departure for Paris, 587.

_Bastrop's Case._--

Vol. v.--

An account of, 231.

_Beds of Justice._--

Vol. ii.--

Held to force parliament to register decrees, 258.

_Berlin and Milan Decrees._--

Vol. viii.--

Character of, 100.

[See Neutrality.]

_Berceau (The)._--

Vol. iv.--

Case of, 405.

_Billon._--

Vol. iii.--

Report of National Assembly of France on, 207.

_Bills of Rights._--

Vol. ii.--

Jefferson's views of, 329, 358.

Vol. iii.--

Federal Constitution should be amended by inserting a bill

of rights, 3, 13.

Arguments for and against bills of rights, 4, 13, 201.

Amendments to, proposed by Jefferson, 100, 101.

_Bloodworth, Mr._--

Vol. v.--

His bankruptcy, 49.

_Bolingbroke, Lord._--

Vol. vii.--

His writings, 197.

_Bollandists (The)._--

Vol. vi.--

Their collection, 475, 489.

_Bonaparte._--

Vol. iv.--

His expedition to Egypt, 278, 280.

Establishment of Consular government by, 315, 320.

His administrative talents, 320.

His character and purposes, 322.

Jerome Bonaparte's marriage with Miss Patterson, 510.

Vol. v.--

His great victories, 173.

His plans of conquest, 512.

His character, 601.

Vol. vii., 275.

Vol. vi.--

Views of his character and career, 283, 352, 358.

His fall, 352, 421.

His restoration, 480, 490, 458, 463.

His final abdication, 467, 490, 492, 553.

His feelings towards U. States, 464.

_Books._--

Vol. vii.--

Should be imported free of duty, 220.

_Boston Port Bill._--

Vol. i.--

Effects of its passage on colonies, 6.

Proceedings thereon in Virginia, 6.

A day of fasting, humiliation and prayer appointed, 7.

_Botta, M._--

Vol. v.--

His History of American Revolution, 527.

_Boundary._--

Vol. i.--

Between Pennsylvania and Virginia, 399.

Vol. iii.--

Difficulties on our Eastern boundary, 230.

Vol. iv.--

Difficulties between Virginia and Maryland, reference to, 162.

_Brabant._--

Vol. ii.--

Revolutionary movements in, 212.

_Brazil._--

Vol. ii.--

Revolutionary movements in, 140.

Jefferson's views relative thereto, 143.

Character of population of, 140.

Vol. v.--

Emperor of, 285.

_Brienne, Cardinal._--

Vol. ii.--

His influence over the queen, 310.

_His character_, 311, 316.

His want of popularity, 316.

His dismissal, 471.

_Brittany._--

Vol. ii.--

Difficulties between Noblesse and people, 577.

_Bunker Hill._--

Vol. ix.--

Account of the battle of, 293.

_Burgesses, Virginia house of._--

Vol. i.--

Proceedings in, on stamp act, 4.

Distinguished members of, 4.

Tone and political views of members, 5.

Proceedings on Boston Port Bill, 6.

Dissolution of, by Governor, 7.

Recommends sending men to Continental Congress, 7.

Also election of delegates to meet at Williamsburg, 7.

The action of, 8, 9.

_Burr, Aaron._--

Vol. v.--

His conspiracy, 24, 26, 28, 38, 40.

Vol. viii., 71, 78, 87.

His accomplices, 34, 45, 60, 99, 305.

Efforts in Ohio to suppress his conspiracy, 37.

His arrest and trial, 55, 65, 57, 66, 81, 84, 86, 95, 96, 98,

174.

His views and objects, 64, 128, 129, 130.

Federalists come to his rescue, 64, 65, 66, 67.

Proofs and witnesses against, 72, 78, 81, 95, 96, 112, 190.

His forgeries, 86.

His acquittal, 187, 199.

Vol. ix.--

Intrigues of, 202, 204.

Wishes his friends to unite on a federalist for president, 204.

Explanations between him and Jefferson, 204, 205, 208.

Jefferson's disgust of, 207, 208.

Relations of, with Jefferson, 204, 205, 208, 209.

(C.)

_Cabinet, Executive._--

Vol. v.--

Mode of transacting business in, 94.

Of Washington and Jefferson, 568, 569.

_Callender._--

Vol. iv.--

Mr. Jefferson's relations with, 445, 447, 448.

_Calonnes, M. de._--

Vol. ii.--

His administration of French finances, 298.

_Camden._--

Vol. i.--

The battle of, 263.

_Campbell, Col._--

Vol. vii.--

The hero of King's Mountain, 268.

The Writings of Thomas Jefferson, Vol. 9 (of 9) Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private · 第 58 / 60 章