TO JAMES MADISON

—I sit down to write to you without knowing by what occasion I shall send my letter. I do it because a subject comes into my head which I would wish to develope a little more than is practicable in the hurry of the moment of making up general despatches.

The question Whether one generation of men has a right to bind another, seems never to have been started either on this or our side of the water. Yet it is a question of such consequences as not only to merit decision, but place also, among the fundamental principles of every government. The course of reflection in which we are immersed here on the elementary principles of society has presented this question to my mind; and that no such obligation can be transmitted I think very capable of proof. I set out on this ground which I suppose to be self evident, “ that the earth belongs in usufruct to the living; ” that the dead have neither powers nor rights over it. The portion occupied by any individual ceases to be his when himself ceases to be, and reverts to the society. If the society has formed no rules for the appropriation of its lands in severalty, it will be taken by the first occupants. These will generally be the wife and children of the decedent. If they have formed rules of appropriation, those rules may give it to the wife and children, or to some one of them, or to the legatee of the deceased. So they may give it to his creditor. But the child, the legatee or creditor takes it, not by any natural right, but by a law of the society of which they are members, and to which they are subject. Then no man can by natural right oblige the lands he occupied, or the persons who succeed him in that occupation, to the paiment of debts contracted by him. For if he could, he might during his own life, eat up the usufruct of the lands for several generations to come, and then the lands would belong to the dead, and not to the living, which would be reverse of our principle. What is true of every member of the society individually, is true of them all collectively, since the rights of the whole can be no more than the sum of the rights of individuals. To keep our ideas clear when applying them to a multitude, let us suppose a whole generation of men to be born on the same day, to attain mature age on the same day, and to die on the same day, leaving a succeeding generation in the moment of attaining their mature age all together. Let the ripe age be supposed of 21. years, and their period of life 34. years more, that being the average term given by the bills of mortality to persons who have already attained 21. years of age. Each successive generation would, in this way, come on and go off the stage at a fixed moment, as individuals do now. Then I say the earth belongs to each of these generations during it’s course, fully, and in their own right. The 2d. generation receives it clear of the debts and incumbrances of the 1st., the 3d. of the 2d. and so on. For if the 1st. could charge it with a debt, then the earth would belong to the dead and not the living generation. Then no generation can contract debts greater than may be paid during the course of it’s own existence. At 21. years of age they may bind themselves and their lands for 34. years to come: at 22. for 33: at 23 for 32. and at 54 for one year only; because these are the terms of life which remain to them at those respective epochs. But a material difference must be noted between the succession of an individual and that of a whole generation. Individuals are parts only of a society, subject to the laws of a whole. These laws may appropriate the portion of land occupied by a decedent to his creditor rather than to any other, or to his child, on condition he satisfies his creditor. But when a whole generation, that is, the whole society dies, as in the case we have supposed, and another generation or society succeeds, this forms a whole, and there is no superior who can give their territory to a third society, who may have lent money to their predecessors beyond their faculty of paying.

What is true of a generation all arriving to self-government on the same day, and dying all on the same day, is true of those on a constant course of decay and renewal, with this only difference. A generation coming in and going out entire, as in the first case, would have a right in the 1st year of their self dominion to contract a debt for 33. years, in the 10th. for 24. in the 20th. for 14. in the 30th. for 4. whereas generations changing daily, by daily deaths and births, have one constant term beginning at the date of their contract, and ending when a majority of those of full age at that date shall be dead. The length of that term may be estimated from the tables of mortality, corrected by the circumstances of climate, occupation c. peculiar to the country of the contractors. Take, for instance, the table of M. de Buffon wherein he states 23,994 deaths, and the ages at which they happened. Suppose a society in which 23,994 persons are born every year and live to the ages stated in this table. The conditions of that society will be as follows. 1st. it will consist constantly of 617,703 persons of all ages. 2dly. of those living at any one instant of time, one half will be dead in 24. years 8. months. 3dly. 10,675 will arrive every year at the age of 21. years complete. 4thly. it will constantly have 348,417 persons of all ages above 21. years. 5ly. and the half of those of 21. years and upwards living at any one instant of time will be dead in 18. years 8. months, or say 19. years as the nearest integral number. Then 19. years is the term beyond which neither the representatives of a nation, nor even the whole nation itself assembled, can validly extend a debt.

To render this conclusion palpable by example, suppose that Louis XIV. and XV. had contracted debts in the name of the French nation to the amount of 10.000 milliards of livres and that the whole had been contracted in Genoa. The interest of this sum would be 500 milliards, which is said to be the whole rent-roll, or nett proceeds of the territory of France. Must the present generation of men have retired from the territory in which nature produced them, and ceded it to the Genoese creditors? No. They have the same rights over the soil on which they were produced, as the preceding generations had. They derive these rights not from their predecessors, but from nature. They then and their soil are by nature clear of the debts of their predecessors. Again suppose Louis XV. and his contemporary generation had said to the money lenders of Genoa, give us money that we may eat, drink, and be merry in our day; and on condition you will demand no interest till the end of 19. years, you shall then forever after receive an annual interest of 1 12 5 . per cent. The money is lent on these conditions, is divided among the living, eaten, drank, and squandered. Would the present generation be obliged to apply the produce of the earth and of their labour to replace their dissipations? Not at all.

I suppose that the received opinion, that the public debts of one generation devolve on the next, has been suggested by our seeing habitually in private life that he who succeeds to lands is required to pay the debts of his ancestor or testator, without considering that this requisition is municipal only, not moral, flowing from the will of the society which has found it convenient to appropriate the lands become vacant by the death of their occupant on the condition of a paiment of his debts; but that between society and society, or generation and generation there is no municipal obligation, no umpire but the law of nature. We seem not to have perceived that, by the law of nature, one generation is to another as one independant nation to another.

The interest of the national debt of France being in fact but a two thousandth part of it’s rent-roll, the paiment of it is practicable enough; and so becomes a question merely of honor or expediency. But with respect to future debts; would it not be wise and just for that nation to declare in the constitution they are forming that neither the legislature, nor the nation itself can validly contract more debt, than they may pay within their own age, or within the term of 19. years? And that all future contracts shall be deemed void as to what shall remain unpaid at the end of 19. years from their date? This would put the lenders, and the borrowers also, on their guard. By reducing too the faculty of borrowing within its natural limits, it would bridle the spirit of war, to which too free a course has been procured by the inattention of money lenders to this law of nature, that succeeding generations are not responsible for the preceding.

On similar ground it may be proved that no society can make a perpetual constitution, or even a perpetual law. The earth belongs always to the living generation. They may manage it then, and what proceeds from it, as they please, during their usufruct. They are masters too of their own persons, and consequently may govern them as they please. But persons and property make the sum of the objects of government. The constitution and the laws of their predecessors extinguished them, in their natural course, with those whose will gave them being. This could preserve that being till it ceased to be itself, and no longer. Every constitution, then, and every law, naturally expires at the end of 19. years. If it be enforced longer, it is an act of force and not of right.

It may be said that the succeeding generation exercising in fact the power of repeal, this leaves them as free as if the constitution or law had been expressly limited to 19. years only. In the first place, this objection admits the right, in proposing an equivalent. But the power of repeal is not an equivalent. It might be indeed if every form of government were so perfectly contrived that the will of the majority could always be obtained fairly and without impediment. But this is true of no form. The people cannot assemble themselves; their representation is unequal and vicious. Various checks are opposed to every legislative proposition. Factions get possession of the public councils. Bribery corrupts them. Personal interests lead them astray from the general interests of their constituents; and other impediments arise so as to prove to every practical man that a law of limited duration is much more manageable than one which needs a repeal.

This principle that the earth belongs to the living and not to the dead is of very extensive application and consequences in every country, and most especially in France. It enters into the resolution of the questions Whether the nation may change the descent of lands holden in tail? Whether they may change the appropriation of lands given antiently to the church, to hospitals, colleges, orders of chivalry, and otherwise in perpetuity? whether they may abolish the charges and privileges attached on lands, including the whole catalogue ecclesiastical and feudal? it goes to hereditary offices, authorities and jurisdictions; to hereditary orders, distinctions and appellations; to perpetual monopolies in commerce, the arts or sciences; with a long train of et ceteras: and it renders the question of reimbursement a question of generosity and not of right. In all these cases the legislature of the day could authorize such appropriations and establishments for their own time, but no longer; and the present holders, even where they or their ancestors have purchased, are in the case of bona fide purchasers of what the seller had no right to convey.

Turn this subject in your mind, my Dear Sir, and particularly as to the power of contracting debts, and develope it with that perspicuity and cogent logic which is so peculiarly yours. Your station in the councils of our country gives you an opportunity of producing it to public consideration, of forcing it into discussion. At first blush it may be rallied as a theoretical speculation; but examination will prove it to be solid and salutary. It would furnish matter for a fine preamble to our first law for appropriating the public revenue; and it will exclude, at the threshold of our new government the contagious and ruinous errors of this quarter of the globe, which have armed despots with means not sanctioned by nature for binding in chains their fellow-men. We have already given, in example one effectual check to the Dog of war, by transferring the power of letting him loose from the executive to the Legislative body, from those who are to spend to those who are to pay. I should be pleased to see this second obstacle held out by us also in the first instance. No nation can make a declaration against the validity of long-contracted debts so disinterestedly as we, since we do not owe a shilling which may not be paid with ease principal and interest, within the time of our own lives. Establish the principle also in the new law to be passed for protecting copy rights and new inventions, by securing the exclusive right for 19. instead of 14. years [ a line entirely faded ] an instance the more of our taking reason for our guide instead of English precedents, the habit of which fetters us, with all the political herecies of a nation, equally remarkable for it’s encitement from some errors, as long slumbering under others. I write you no news, because when an occasion occurs I shall write a separate letter for that. 1

TO WILLIAM CARMICHAEL

—I have duly received your favor of Aug. 13. and I have written to Francesco and Giuseppe Chiappe both, to assure them of the friendly light in which our government will view the restitution of the schooner from Salem, made by the emperor. I have lately received letters papers from America to the 25th. of July. New York and N. Hampshire had elected their senators, so that that branch of our legislature was complete. Congress had decided that the president should have no title of courtesy. The bill for the impost was past. That also for establishing an office of foreign affairs. Bills for establishing offices of war of finance, for establishing a federal judicature, for the government of the western country, establishing a land office, for an impost on tonnage, for fixing the President’s allowance at 25.000. the Vice-president’s at 5000. dollars a year, were so far advanced as to be near their passage. They had refused to establish a Secretary for the domestic departments. New York had passed a law appointing commissioners to agree with the state of Vermont on the conditions of its independence. None of the higher federal offices were yet filled.

With respect to the extraordinary expences which you may be under the necessity of incurring at the coronation, I am not authorized to give any advice, nor does any body, my dear Sir, need it less than yourself. I should certainly suppose that the representative of the U. S. at Madrid, was to do as the representatives of other sovereignties do, and that it would be viewed as the complement of our nation not of it’s minister. If this be the true point of view, it proves at whose expence it should be. But my opinion would be viewed as an interested one, therefore of no weight. In some letter which I had the honor of writing you a year a half or two years ago (for having packed my letters I cannot name the date exactly) I took the liberty of saying what I thought would be prudent relative to the Algerine captives from that time forward. The two accompts you send me I will take with me to America, undertake to place you at ease as to them. But I believe you cannot keep yourself too clear as to others. I will write you more fully when I shall have conferred with our government, and if you are not placed more at ease on other accounts it will not be that I have not a due sense of the necessity of it, nor that I shall be wanting in expressing that sense. I have received my leave of absence, my baggage is already gone off. I shall follow myself in about 10. days, so as to sail about the last of the month, I am not certain whether from Havre or Lorient. Mr. Short being named Chargé des Affairs in my absence will be happy in your correspondence till I can resume it.

TO RALPH IZARD

—I have received by Mr. Cutting your favor of April 3. In order to ascertain what proportion of your rice might be taken off by this country, I applied to the proper officer and obtained a statement of their importations of rice for a twelve month, and from what countries. This I inclose to you. You will observe it is between 81 and 82 thousand quintals, which I suppose to be about a fourth or fifth of your whole exportation. A part of this will always be from Piedmont, but yours may gain ground from two causes: 1st. It’s preference over that of Piedmont increases. 2dly. The consumption increases. Paris and the seaport towns are the principal places of consumption, but most of all Paris. Havre therefore is unquestionably the deposit for it, because from thence it may come up the river, or be shipped to any foreign market as conveniently as from Cowes. I wish much you had a good merchant or consignee there. There is a brother of Cutting’s there, of whom I hear good spoken, but I do not know him myself. All I know is that an honest, intelligent active consignee there (or two of them) could do immense service to your countrymen.—When I received your letter I was too near the time of my departure to undertake to procure from Constantinople the intelligence you desired relative to that as a market for your rice. I therefore wrote to a merchant of my acquaintance at Marseilles engaged in the Levant and also in the American trade. I asked from him the prices current of Constantinople of Marseilles for some years past. I inclose you his answer, giving only the present price at Marseilles, the price of a particular cargo only at Constantinople. When I return here I will try through the French Ambassador at Constantinople to get more particular information, but we must get rid of the Algerines. I think this practicable by means honorable within our power, but of this we will converse when I shall have the honor of seeing you at New York, which will be in February, if there be no particular cause for my going on there till I shall have arranged the private business which has rendered it necessary for me to visit my country.—I wish the cargo of olives spoken of in the inclosed letter, which went to Baltimore, may have got on safe to Carolina, that the one he is about to send may also arrive safe. This my dear friend should be the object of the Carolina patriot. After bread, I know no blessing to the poor, in this world, equal to that of oil. But there should be an annual sum steadily applied to that object: because a first and second essay may fail. The plants cost little; the transportation little. It is unremitting attention which is requisite. A common country labourer whose business it should be to prepare and pack his plants at Marseilles to go on with them through the canal of Languedoc to Bordeaux and there stay with them till put on board a ship to Charleston, to send at the same time great quantities of the berries to sow for stocks, would require but a moderate annual sum. He would make the journey every fall only, till you should have such a stock of plants taken in the country, as to render you sure of success. But of this too we will talk on meeting. The crisis of this country is not yet absolutely past. The unskilfulness of new administrators leaves the Capital in danger of the confusion which may attend the want of bread surrounded by a country which has just gathered in a plentiful harvest.

TO THE SECRETARY FOR FOREIGN AFFAIRS
(JOHN JAY)

—No convenient ship having offered from any port of France I have engaged one from London to take me up to Cowes, and am so far on my way thither. She will land me at Norfolk, as I do not know any service that would be rendered by my repairing immediately to New York, I propose, in order to economise time, to go directly to my own house, get through the business which calls me there, and then repair to New York where I shall be ready to reembark for Europe. But should there be any occasion for government to receive any information I can give, immediately on my arrival, I will go to New York on receiving your orders at Richmond. They may probably be there before me, as this goes by Mr. Trumbull, bound directly for New York. I inclose you herewith the proceedings of the National assembly on Saturday last, wherein you will perceive that the comittee had approved the plan of Mr. Neckar. I can add from other sure information received here, that the assembly adopted it the same evening. This plan may possibly keep their paiments alive until their new government gets into motion; tho I do not think it very certain. The public stocks lowered so exceedingly the last days of my stay at Paris, that I wrote to our bankers at Amsterdam, to desire that they retain till further orders the 30,000 guilders, or so much of it as was not yet come on. And as to what might be already coming on I recommended to Mr. Short to go take the acceptances himself, keep the bill in his own hands till the time of paiment. He will by that time be able to see what is best to be done with the money.

In taking leave of Monsieur de Montmorin I asked him whether their West India ports would continue open to us awhile. He said they would be immediately declared open till February; and we may be sure they will be so till the next harvest. He agreed with me that there would be two or three months provision for the whole kingdom wanting for the ensuing year. The consumption of bread for the whole kingdom is two millions of livres tournois a day. The people pay the real price of their bread everywhere except at Paris Versailles. There the price is suffered to vary very little as to them, government pays the difference. It has been supposed that this difference for some time past has cost a million a week. I thought the occasion favorable to propose to Monsieur de Montmorin the free admission of our salted provisions, observing to him particularly that our salted beef from the Eastern states could be dealt out to the people of Paris for 5. or 6. sols the pound, which is but half the common price they pay for fresh beef: that the Parisian paying less for his meat, might pay more for his bread, so relieve government from it’s enormous loss on that article. His idea of this resource seemed unfavorable. We talked over the objections of the supposed unhealthiness of that food, it’s tendency to produce scurvy, the chance of its taking with a people habituated to fresh meat, their comparative qualities of rendering vegetables eatable, the interests of the gabelles. He concluded with saying the experiment might be tried, with desiring me to speak with Mr. Neckar. I went to Mr. Neckar, he was gone to the National assembly. On my return to Paris therefore I wrote to him on the subject, going over the objections which Monsieur de Montmorin had started. Mr. Short was to carry the letter himself to pursue the subject. Having observed that our commerce to Havre is considerably on the increase, that most of our vessels coming there, especially those from the Eastward are obliged to make a voyage round to the neighborhood of the Loire Garonne for salt, a voyage attended with expense, delay, more risk, I have obtained from the farmers general that they shall be supplied from their magazines at Honfleur, opposite to Havre, at a mercantile price. They fix it at present at 60 livres the muid, which comes to about 15 sous, or 7½d sterling our bushel: but it will vary as the price varies at the places from which they bring it. As this will be a great relief to such of our vessels coming to Havre as might wish to take back salt, it may perhaps be proper to notify it to our merchants. I inclose herewith Mr. Neckar’s discourse to the assembly which was not printed when I left Paris.

TO JAMES RUMSEY

—I am honoured with your favor of the 4th instant and will pay attention to what you say on the subject of the Barker’s mill your friends beyond the water are about to erect. I am sincerely sorry not to have know[n] the result of your experiment for steam navigation before my departure. Tho I have already been detained here at Havre 16. days by contrary winds I mu[st] hope that detention will not continue till your experime[nt] be tried. As I feel infinitely interested in it’s success, would you be so good, my dear Sir, as to drop me a line on the subject as soon as the experiment shall be made. If directed to me at Richmond to the care of Mr. Alexr. Donald, sent by a Virginia ship, I shall get it with certainty. As soon as your experiment shall be over Mr. Short will do for you at Paris whatever I could have done towards obtaining you a patent there.

TO WILLIAM SHORT

—Tho’ a committee of American captains at Cowes had [de]termined we must expect a nine weeks passage, the winds [and] weather have so befriended us that we are come to an anch[orage] here 29. days after weighing anchor at Yarmouth, having bee[n] only 26. days from land to land. After getting clear of the etern[al] fogs of Europe, which required 5. or 6. days sailing, the sun broke out upon us, gave us fine autumn weather almost cons[tant]ly thro the rest of the voyage, so warm that we had no occas[ion] for fire. In the gulph stream only we had to pass thro’ the squalls of wind rain which hover generally over that tepid cur[r]ent: thro the whole we had had nothing stronger tha[n] what seamen call a stiff breeze: so that I have now passed the Atlantic twice without knowing what a storm is. When we had passed the meridian of the Western islands, our weather w[as] so fine that it would have been madness to go 1000. miles out of our way to seek what would not have been better. So we determin[ed] to push on the direct course. We left the banks of Newf[oundland] about as far on our right as the Western islands on our left notwithstanding the evidence of their quadrants to the contrary some of the sailors insisted we were in the trade winds. Our sickness in the beginning was of 3. 4. or 5 days, severe enough. Since that we have been perfectly well. We separated from Mr. Trumbull’s ship the evening on which I wrote you from the needles, I never saw her more. Our ship is two years old only, excellently accommodated, in ballast, and among the swiftest sailors on the ocean. Her captain a bold judicious seaman, a native of Norfolk, whose intimate knowledge of our coast has been of both confidence security to us. So that as we had in prospect every motive of satisfaction, we have found it still greater in event. We came to anchor here because no pilot has yet offered. Being within 15. miles of Norfolk by land, I have some thought of going ashore here in the morning, going by land to that city. I wrote this from hence in hopes some outward bound vessel may be met to which it may be consigned. My plants shepherd dogs are well. Remember me to enquiring friends, and accept assurances of sincere esteem attachment with which I am Dear Sir.

TO THE SECRETARY FOR FOREIGN AFFAIRS
(JOHN JAY)

—I think it my duty to inform you that I am this day arrived here after a passage of 26 days from land to land. By the Montgomery, Capt. Bunyan, which sailed from Cowes at the same time with us, I had the honor of addressing you and of sending you the Letter book account book of Silas Deane, which I put into the hands of Mr. Trumbull, who I presume is arrived at New York. According to what I proposed in that letter I shall proceed first to my own house to arrange those matters which have called for my presence there, and, this done, go on to New York, in order for my embarcation: where I shall first have occasion to confer with you in order to take the sense of government on some subjects which require vivâ voce explanations. I hope to be with you as early as the season will admit a tolerable passage.

TO WILLIAM SHORT

—My last letter was written to you on our coming to anchor. Since that my time has been divided between travelling and the society of my friends, and I avail myself of the first vacant interval to give you the news of the country to which therefore I shall proceed without further prelude.

Marriages. —Ben. Harrison of Brandon to a daughter of Mrs. Byrd.

Doctor Currie to a widow Ingles, daur. of Mr. Atcheson.

Polly Cary to a Mr. Peachy of Amelia.

N. Burrell of the grove, to the widow of Colo. Baylor, a Page formerly.

Betsy Taliaferro to a Mr. Call.

Nancy Taliaferro to a Mr. Nicholas son of G. Nicholas, Petersburg.

Becca Taliaferro to and she dead.

Two of R. Adams’s daurs. to

Peter Randolph of Chatsworth to Miss Southall of Wmsburgh.

Your brother, Peyton Short to Miss Sym[mes], daur. of a Mr. Sym[mes] formerly member of Congress for Jersey, one of the partners in the great purchases of lands made of Congress. Your brother is to bring his wife to New York in the spring, then to come here alone to persuade his friends particularly your sisters to go with him to Kentuckey, to which place he will return again by New York.

Deaths. —Colo. Dick Cary, the Judge.

James Cocke of Wmsburgh.

Governor Caswell of Caroline.

Colo. Taliaferro near Wmsburgh.

Colo. Jordan of Buckingham.

Mrs. Harris of Powhatan.

Mrs. Norton.

Mrs. Diggs (wife of Colo. Dudley D.)

Mrs. Nicholas, widow of R. C. Nicholas.

Mrs. Lindsay, wife of Reuben Lindsay.

Terence, your servant.

Miscellaneous events. —Mr. Wythe has abandoned the college of Wm. Mary, disgusted with some conduct of the professors, particularly of the ex-professor Bracken, perhaps too with himself for having suffered himself to be too much irritated with that. The visitors will try to condemn what gave him offence press him to return: otherwise it is over with the college. Mr. Henry at the present session made an unsuccessful attempt to get a portion of the revenues of Wm. Mary transferred to Hampden Sidney: that academy too abandoned by Smith is going to nothing owing to the religious phrensy they have inspired into the boys young and old which their parents have no taste for. North Carolina has acceded to the new constitution by a great majority, we have not heard whether at the same time they accepted the new amendments. These have been accepted by our H. of delegates, but will probably not be so, entire, by the Senate, ⅞ of whom are anti-federal. Rhode island has again refused the new constitution. Antifederalism is not yet dead in this country. The Gentlemen who opposed it 1 retain a good deal of malevolence towards the new Government: Henry is it’s avowed foe. He stands higher in public estimation than he ever did, yet he was so often in the minority in the present assembly that he has quitted it, never more to return, unless an opportunity offers to overturn the new constitution. E. Randolph made a proposition to call a convention to amend our form of government. It failed as he expected.—Our new capitol, when the corrections are made, of which it is susceptible, will be an edifice of first rate dignity, whenever it shall be finished with the proper ornaments belonging to it (which will not be in this age) will be worthy of being exhibited along side the most celebrated remains of antiquity, it’s extreme convenience has acquired it universal approbation. There is one street in Richmond (from the bridge straight on towards Currie’s) which would be considered as handsomely built in any city of Europe. The town below Shockoe creek is so deserted that you cannot get a person to live in a house there rent free. Ways’s bridge is repaired and brings him in about 20 dollars a day. He will be obliged however to take it away during two or three months of the year, for fear of floods. He has taken advantage of two islands so that it consists of three bridges, the first second of which, next to Richmond are of pontoons; the third is on boats. There is 2200 feet of bridge in the whole. The canal from Westham will be opened three days hence and the canoes then come to Broadrock, within 2 miles of Richmond. It will be 3 years before the residue will be finished. There are two locks only, will be no more. Our neighborhood at Monticillo is much improved. Colo Monroe is living at Charlottesville; so is John Nicholas of Buckingham who is married to Louisa Carter of Wmsburg. A Colo. Bell is there also, who is said to be a very good man. Doctr. Gilmer where Dick Harris lived: the latter with his mother c. gone to Georgia. Molly Nicholas keeps batchelor’s house in Williamsburg. So does Polly Stith, and Becca Lewis (sister of Warner) is coming there to do the same. Tabby Eppes has not yet come to that resolution. Brackenridge whom you knew lives at the globe near I. Colds. Wilson Nicholas lives in Albemarle also, on the great river. Joshua Fry has sold his lands there to E. Randolph, who by this other purchases has embarrassed himself a good deal.

Appointments, Supreme Court, Mr. Jay, J. Rutledge, Wilson, Cushing, Rob. H. Harrison, J. Blair.

Every state forms a District, and has a District court. E. Pendleton was appointed District Judge of Virginia: but he refuses. Several Districts form a Circuit (of which there are three in the whole) the circuit court is composed of two of the supreme Judges and the Judge of the District wherever they are sitting so that the latter need never go out of his State, whereas the supreme judges will be [compelled?] to make four journies a year, two to New York, two to the District Courts of their circuit. Marshall is Attorney for the District Court of Virginia E. Carrington marshall of it, i. e. sheriff. E. Randolph is Atty. Genl. for the Supreme court removes to New York the beginning of next month.

Osgood is Postmaster-general. Salaries are as follows:

Congress have suppressed the Secretaryship of foreign Affairs, and put that and the whole domestic administration (war and finance excepted) into one principal department, the person at the head of which is called the Secretary of State. When I arrived at Norfolk, I saw myself in the newspapers nominated to that Office; and here I have received the commission President’s letter. In this however he very kindly leaves it optional in me to accept of that or remain at Paris as I chuse. It was impossible to give a flat refusal to such a nomination. My answer therefore is that the office I hold is more agreeable to me, but yet if the President thinks the public service will be better promoted by my taking that at New York I shall do it. I do not know how it will end; but I suppose in my remaining as I am.—Frugality is a good deal restored in this country domestic manufactures resumed. Mr. Skipwith, who is here, promises me to write you fully on your affairs. I make up a bundle of newspapers for you, but I shall endeavor to send them clear of postage so that they may get separated from this. To-morrow I go on with Mr. Skipwith to his house, and then plunge into the Forests of Albemarle. You will not hear from me again till I go on to New York which will be in March. Remember me to all my friends who may ask after me, as if I had here named them; and believe me to be your affectionate friend Servt.

TO THE PRESIDENT OF THE UNITED STATES

—I have received at this place the honor of your letters of October 13th and November the 30th, and am truly flattered by your nomination of me to the very dignified office of Secretary of State for which permit me here to return to you my very humble thanks. Could any circumstance induce me to overlook the disproportion between its duties and my talents, it would be the encouragement of your choice. But when I contemplate the extent of that office, embracing as it does the principal mass of domestic administration, together with the foreign, I can not be insensible to my inequality to it; and I should enter on it with gloomy forebodings from the criticisms and censures of a public, just indeed in their intentions, but sometimes misinformed and misled, and always too respectable to be neglected. I can not but foresee the possibility that this may end disagreeably for me, who, having no motive to public service but the public satisfaction, would certainly retire the moment that satisfaction should appear to languish. On the other hand, I feel a degree of familiarity with the duties of my present office, as far, at least, as I am capable of understanding its duties. The ground I have already passed over enables me to see my way into that which is before me. The change of government, too, taking place in the country where it is exercised, seems to open a possibility of procuring from the new rulers some new advantages in commerce, which may be agreeable to our countrymen. So that as far as my fears, my hopes, or my inclination might enter into this question, I confess they would not lead me to prefer a change.

But it is not for an individual to choose his post. You are to marshal us as may be best for the public good; and it is only in the case of its being indifferent to you, that I would avail myself of the option you have so kindly offered in your letter. If you think it better to transfer me to another post, my inclination must be no obstacle; nor shall it be, if there is any desire to suppress the office I now hold or to reduce its grade. In either of these cases, be so good as only to signify to me by another line your ultimate wish, and I will conform to it accordingly. If it should be to remain at New York, my chief comfort will be to work under your eye, my only shelter the authority of your name, and the wisdom of measures to be dictated by you and implicitly executed by me. Whatever you may be pleased to decide, I do not see that the matters which have called me hither will permit me to shorten the stay I originally asked; that is to say, to set out on my journey northward till the middle of March. As early as possible in that month, I shall have the honor of paying my respects to you in New York. In the meantime, I have that of tendering you the homage of those sentiments of respectful attachment with which I am, Sir, your most obedient and most humble servant.

TO THE REV. CHARLES CLAY

—I had hoped that during my stay here I could have had the pleasure of seeing you in Bedford, but I find it will be too short for that. Besides views of business in that county I had wished again to visit that greatest of our curiosities the Natural bridge, and did not know but you might have the same desire.—I do not know yet how I am to be disposed of, whether kept at New York or sent back to Europe. If the former, one of my happinesses would be the possibility of seeing you there; for I understand you are a candidate for the representation of your district in Congress. I cannot be with you to give you my vote; nor do I know who are to be the Competitors: but I am sure I shall be contented with such a representative as you will make, because I know you are too honest a patriot not to wish to see our country prosper by any means, tho’ they be not exactly those you would have preferred; and that you are too well informed a politician, too good a judge of men, not to know, that the ground of liberty is to be gained by inches, that we must be contented to secure what we can get from time to time, and eternally press forward for what is yet to get. It takes time to persuade men to do even what is for their own good. Wishing you every prosperity in this in all your other undertakings (for I am sure, from my knowlege of you they will always be just) I am with sincere esteem respect Dear Sir your friend servant.

TO THE PRESIDENT OF THE UNITED STATES

—I have duly received the letter of the 21st of January with which you have honored me, and no longer hesitate to undertake the office to which you are pleased to call me. Your desire that I should come on as quickly as possible is a sufficient reason for me to postpone every matter of business, however pressing, which admits postponement. Still it will be the close of the ensuing week before I can get away, then I shall have to go by the way of Richmond, which will lengthen my road. I shall not fail however to go on with all the despatch possible nor to satisfy you, I hope, when I shall have the honor of seeing you in New York, that the circumstances which prevent my immediate departure, are not under my controul. I have now that of being with sentiments of the most perfect respect attachment, Sir, Your most obedient most humble servant.

TO JOHN JAY

—I am honored with your favor of December 12, and thank you for your friendly congratulations on my return to my native country, as well as for the interest you are pleased to express in the appointment with which I have been honored. I have thought it my duty to undertake it, though with no prepossessions in favor of my talents for executing it to the satisfaction of the public. With respect to the young gentlemen in the office of foreign affairs, their possession and your recommendation are the strongest titles. But I suppose the ordinance establishing my office, allows but one assistant; and I should be wanting in candor to you and them, were I not to tell you that another candidate has been proposed to me, on ground that cannot but command respect. I know neither him nor them, and my hope is, that, as but one can be named, the object is too small to occasion either mortification or disappointment to either. I am sure I shall feel more pain at not being able to avail myself of the assistance but of one of the gentlemen, than they will at the betaking themselves to some better pursuit. I ask it of your friendship, my dear Sir, to make them sensible of my situation, and to accept yourself assurances of the sincere esteem and respect with which I have the honor to be, dear Sir, your most obedient, and most humble servant.

TO NICHOLAS AND JACOB VAN STAPHORST AND HUBBARD

—I have written to you in date May 27. Sep. 8 Jan. 31 last past inclosing several remittances for Mr. Mazzei and one for myself by triplicates, to which I refer you.

If there be any indiscretion in the application I am now about to make to you, ascribe it to the sentiments of friendship and confidence with which your conduct has inspired me, which I had wished to make reciprocal, and freely decline it if inconsistent with your conscience, assuring yourselves it will not in the least alter my dispositions to esteem serve you. These can merit respect no longer than they are disinterested. I will be short in my explanations. After an absence of ten years from my estate I found it much deteriorated requiring time advances to bring it back again to the productive state of which it was susceptible. But I am only a farmer and have no resource but the productions of the farms themselves to bring them into a state of profit. If their profits be small their restoration will be slow in proportion. An advance of from one to two thousand dollars would produce a state of productiveness which, without it, will be tardy. My estate is a large one for the Country, to wit, upwards of ten thousand acres of valuable land on the navigable parts of James river and two hundred negroes and not a shilling out of it is or ever was under any incumbrance for debt. I may be excused in mentioning this as it is a proper ground whereon to ask you whether you would be willing to answer my draughts to any what amount within the bounds before mentioned? I ask it of nobody in this country because Capitals here are small and employed in more active business than simple loans. I will send you my bond for the money payable at what time or times you please. This by the laws of this state, the same in this respect as those of England, will render my lands as well as my personality responsible for the debt, in case of my death. The interest, say six per cent, shall be remitted annually, with perfect punctuality tho’ it would be more convenient to pay it to your agent here, as in my inland situation it is difficult to invest money in good bills. Perhaps it would be more convenient to you that your agent here should furnish the money. At any rate it would be advantageous in the sale of my bills that he should endorse them.—I repeat it again that I do not mean to lay you under any restraint by this application, but shall be better pleased with your doing on it what best pleases yourselves, only making it known to me as soon as convenient. In every event I shall preserve for you, and your interest, the sentiments of esteem respect with which I am Gentlemen Your friend humble servt.

TO THE MAYOR OF ALEXANDRIA 1
(WILLIAM HUNTER)

—Accept my sincere thanks for yourself and the worthy citizens of Alexandria, for their kind congratulations on my return to my native country.

I am happy to learn that they have felt a benefit from the encouragements to our commerce which have been given by an allied nation. But truth candor oblige me at the same time to declare you are indebted for these encouragements solely to the friendly dispositions of that nation which has shown itself ready on every occasion to adopt all arrangements which might strengthen our ties of mutual interest and friendship.

Convinced that the republican is the only form of government which is not eternally at open or secret war with the rights of mankind, my prayers efforts shall be cordially distributed to the support of that we have so happily established. It is indeed an animating thought that, while we are securing the rights of ourselves our posterity, we are pointing out the way to struggling nations who wish, like us, to emerge from their tyrannies also. Heaven help their struggles, and lead them, as it has done us, triumphantly thro’ them.

Accept, Sir, for yourself and the citizens of Alexandria, the homage of my thanks for their civilities, the assurance of those sentiments of respect attachment with which I have the honor to be, Sir, your most obedient and most humble servant.

TO WILLIAM SHORT 1

— * * * I have received my letters from New York very regularly every week by post. I now, therefore, am at about the 7th of October, 1789, as to what has been passing in Europe; that is to say, I know no one circumstance later than the King’s removal to Paris. I will complain not only of your not writing, but of your writing so illegibly, that I am half a day decyphering one page, and then guess at much of it. * * * I wrote on what footing I had placed the President’s proposal to me to undertake the office of Secretary of State. His answer still left me at liberty to accept it or return to France; but I saw plainly he preferred the former, and have learned from several quarters it will be generally more agreeable. Consequently, to have gone back would have exposed me to the danger of giving disgust, and I value no office enough for that. I am, therefore, now on my way to enter on the new office. Not a word has been said about my successor; but on that subject you shall hear from me as soon as I arrive in New York. * * *

TO THOMAS MANN RANDOLPH 1

—I arrived here on the 21st inst, after as laborious a journey of a fortnight from Richmond as I ever went through; resting only one day at Alexandria and another at Baltimore. I found my carriage horses at Alexandria, but a snow of 18 inches deep falling the same night, I saw the impossibility of getting on in my own carriage, so left it there to be sent to me by water, and had my horses led on to this place, taking my passage on the stage, tho’ relieving myself a little sometimes by mounting my horse. The roads thro’ the whole were so bad that we could never go more than three miles an hour, sometimes not more than two, and in the night but one. My first object was to look out a house in the Broadway if possible, as being the center of my business. Finding none there vacant for the present, I have taken a small one in Maiden lane, which may give me time to look about me. Much business had been put by for my arrival, so that I found myself all at once involved under an accumulation of it. When this shall be got thro’ I may be able to judge whether the ordinary business of my department will leave me any leisure. I fear there will be little. Letters from Paris to the 25th of December inform us that the revolution there was still advancing with a steady pace. There had been two riots since my departure. The one on the 5th 6th of October, which occasioned the royal family to remove to Paris, in which 9 or 10 of the Gardes du corps fell, and among these a Chevalier de Varicourt brother of Made de la Villatte of Mademlle Varicourt, Patsey’s friend. The second was on the 21st of the same month in which a baker had been hung by the mob. On this occasion, the government ( i. e. the National assembly) proclaimed martial law in Paris and had two of the ringleaders of the mob seized, tried hung, which was effected without any movement on the part of the people. Others were still to be tried. The troubles in Brabant become serious. The insurgents have routed the regular troops in every rencounter.

Congress is principally occupied by the Treasury report. The assumption of the state debts has been voted affirmatively in the first instance; but it is not certain it will hold it’s ground thro’ all the stages of the bill when it shall be brought in. I have recommended Mr. D. R. to the president for the office he desired, in case of a vacancy. It seemed however as if the President had had no intimation before that a vacancy was expected. I shall not fail to render in this every service in my power to your friend. I inclose to Patsey a letter from I do not know whence. Mrs. Trist complains of her, so does Miss Rittenhouse; so will, I fear her friends beyond the Atlantic. Be so good as to assure her and Marie of my tender affections. I shall be happy to hear from you frequently as you can do me the favor to write to me. No body has your health happiness more at heart, nor wishes more a place in your esteem. I am my dear Sir, with compliments to Col o . Randolph Yours affectionately.

OPINION ON COMMUNICATIONS TO CONGRESS

Th: Jefferson has the honor to inform the President that Mr. Madison has just delivered to him the result of his reflections on the question How shall communications from the several states to Congress through the channel of the President be made?

‘He thinks that in no case would it be proper to go by way of letter from the Secretary of State: that they should be delivered to the Houses either by the Secretary of State in person or by Mr. Lear. He supposes a useful division of the office might be made between these two, by employing the one where a matter of fact alone is to be communicated, or a paper delivered in the ordinary course of things and where nothing is required by the President; and using the Agency of the other where the President chuses to recommend any measure to the legislature and to attract their attention to it.’

The President will be pleased to order in this what he thinks best. T. Jefferson supposes that whatever may be done for the present, the final arrangement of business should be considered as open to alteration hereafter. The government is yet so young that cases enough have not occurred to enable a division of them into classes, and the distribution of these classes to the persons whose agency would be the properest.

He sends some letters for the President’s perusal praying him to alter freely any thing in them which he thinks may need it.

TO THE MARQUIS DE LAFAYETTE

Behold me, my dear friend, elected Secretary of State, instead of returning to the far more agreeable position which placed me in the daily participation of your friendship. I found the appointment in the newspapers the day of my arrival in Virginia. I had indeed been asked while in France whether I would accept of any appointment at home, I had answered that without meaning to remain long where I was, I meant it to be the last office I should ever act in. Unfortunately this letter had not arrived at the time of arranging the new government. I expressed freely to the President my desire to return. He left me free, but still shewing his own desire. This, and the concern of others, more general than I had a right to expect, induced me after 3 months parleying, to sacrifice my own inclinations. I have been here then ten days harnessed in new geer. Wherever I am, or ever shall be, I shall be sincere in my friendship to you and to your nation. I think, with others, that nations are to be governed according to their own interest; but I am convinced that it is their interest, in the long run, to be grateful, faithful to their engagements even in the worst of circumstances, and honorable and generous always. If I had not known that the head of our government was in these sentiments, and that his national private ethics were the same, I would never have been where I am. I am sorry to tell you his health is less firm than it used to be. However there is nothing in it to give alarm. The opposition to our new constitution has almost totally disappeared. Some few indeed had gone such lengths in their declarations of hostility that they feel it awkward perhaps to come over; but the amendments proposed by Congress, have brought over almost all their followers. If the President can be preserved a few years till habits of authority obedience can be established, generally, we have nothing to fear. The little vautrien, Rhode island will come over with a little more time. Our last news from Paris is of the 8th of January. So far it seemed that your revolution had got along with a steady pace; meeting indeed occasional difficulties dangers, but we are not to expect to be translated from despotism to liberty in a feather-bed. I have never feared for the ultimate result, tho’ I have feared for you personally. Indeed I hope you will never see such another 5th 6th of October. Take care of yourself, my dear friend, for tho’ I think your nation would in any event work out her salvation, I am persuaded were she to lose you, it would cost her oceans of blood, years of confusion anarchy. Kiss bless your dear children for me. Learn them to be as you are a cement between our two nations. I write to Madame de la fayette so have only to add assurances of the respect esteem of your affectionate friend humble servant.

TO MADAME LA DUCHESSE D’AUVILLE

I had hoped, Madame la Duchesse, to have again had the honor of paying my respects to you in Paris, but the wish of our government that I should take a share in its administration, has become a law to me. Could I have persuaded myself that public offices were made for private convenience, I should undoubtedly have preferred a continuance in that which placed me nearer to you; but believing on the contrary that a good citizen should take his stand where the public authority marshals him, I have acquiesced. Among the circumstances which reconcile me to my new position the most powerful is the opportunities it will give me of cementing the friendship between our two nations. Be assured that to do this is the first wish of my heart. I have but one system of ethics for men for nations—to be grateful, to be faithful to all engagements and under all circumstances, to be open generous, promotes in the long run even the interests of both; and I am sure it promotes their happiness. The change in your government will approximate us to one another. You have had some checks, some horrors since I left you; but the way to heaven, you know, has always been said to be strewed with thorns. Why your nation have had fewer than any other on earth, I do not know, unless it be that it is the best on earth. If I assure you, Madam, moreover, that I consider yourself personally as with the foremost of your nation in every virtue, it is not flattery, my heart knows not that, it is a homage to sacred truth, it is a tribute I pay with cordiality to a character in which I saw but one error; it was that of treating me with a degree of favor I did not merit. Be assured I shall ever retain a lively sense of all your goodness to me, which was a circumstance of principal happiness to me during my stay in Paris. I hope that by this time you have seen that my prognostications of a successful issue to your revolution have been verified. I feared for you during a short interval; but after the declaration of the army, tho’ there might be episodes of distress, the denoument was out of doubt. Heaven send that the glorious example of your country may be but the beginning of the history of European liberty, and that you may live many years in health happiness to see at length that heaven did not make man in it’s wrath. Accept the homage of those sentiments of sincere and respectful esteem with which I have the honor to be, Madame la Duchesse, your most affectionate obedient humble servant.

TO THE U. S. CHARGÉ D’AFFAIRES IN SPAIN
(WILLIAM CARMICHAEL)

—A vessel being about to sail from this port for Cadiz, I avail myself of it to inform you, that under the appointment of the President of the United States, I have entered on the duties of Secretary of State, comprehending the department of Foreign Affairs.

Mr. Jay’s letter of October the 2d, acknowledged the receipt of the last of yours which have come to hand. Since that date he wrote you on the 7th of December, enclosing a letter for Mr. Chiappe.

The receipt of his letter of September the 9th, 1788, having never been acknowledged, the contents of which were important and an answer wished for, I send you herewith a duplicate, lest it should have miscarried.

You will also receive herewith, a letter of credence for yourself, to be delivered to the Count de Florida Blanca, after putting thereon the proper address, with which I am unacquainted. A copy of it is enclosed for your information.

I beg leave to recommend the case of Don Blas Gonzalez to your good offices with the court of Spain, enclosing you the documents necessary for its illustration. You will perceive, that two vessels were sent from Boston in the year 1787, on a voyage of discovery and commercial experiment in general, but more particularly to try a fur trade with the Russian settlements, on the northwest coast of our continent, of which such wonders had been published in Captain Cook’s voyages, that it excited similar expeditions from other countries also; and that the American vessels were expressly forbidden to touch at any Spanish port, but in cases of extreme distress. Accordingly, through the whole of their voyage through the extensive latitudes held by that crown, they never put into any port but in a single instance. In passing near the island of Juan Fernandez, one of them was damaged by a storm, her rudder broken, her masts disabled, and herself separated from her companion. She put into the island to refit, and at the same time, to wood and water, of which she began to be in want. Don Blas Gonzalez, after examining her, and finding she had nothing on board but provisions and charts and that her distress was real, permitted her to stay a few days, to refit and take in fresh supplies of wood and water. For this act of common hospitality, he was immediately deprived of his government, unheard, by superior order, and remains still under disgrace. We pretend not to know the regulations of the Spanish government, as to the admission of foreign vessels into the ports of their colonies; but the generous character of the nation is a security to us, that their regulations can, in no instance, run counter to the laws of nature; and among the first of her laws, is that which bids us to succor those in distress. For an obedience to this law, Don Blas appears to have suffered; and we are satisfied, it is because his case has not been able to penetrate to his Majesty’s ministers, at least in its true colors. We would not choose to be committed by a formal solicitation, but we would wish you to avail yourself of any good opportunity of introducing the truth to the ear of the minister, and of satisfying him, that a redress of this hardship on the Governor, would be received here with pleasure, as a proof of respect to those laws of hospitality which we would certainly observe in a like case, as a mark of attention towards us, and of justice to an individual for whose sufferings we cannot but feel.

With the present letter, you will receive the public and other papers, as usual, and I shall thank you in return, for a regular communication of the best gazettes published in Madrid.

TO FRANCIS WILLIS

—Your favor of Feb. 10. came to me here a few days ago. Nothing would have made me happier than to have been able to see you on my way through the lower part of Virginia, but the short time destined for my stay in that country did not permit me to turn to the right or left. Your recommendation of Mr. Reynolds would have given me all the dispositions possible to have found a place for him. But in the office to which I have been called, all was full, and I could not in any case think it just to turn out those in possession who have behaved well, merely to put others in. I have not therefore had a single appointment to make: nor is there any thing within my appointment but mere copying clerks at 500 dollars a year two at 800.— I fear there is as little prospect that any office can occur in Williamsburg. I know of none but in the law line which was never your favorite line. I can therefore only express to you my wishes to serve you. You complain of the difficulties which have strowed the path of life for you. Be assured, my friend, that mine has not been strowed with flowers. The happiest moments of my life have been the few which I have past at home in the bosom of my family. Emploiment any where else is a mere [ illegible ] of time; it is burning the candle of life in perfect waste for the individual himself. I have no complaint against any body. I have had more of the confidence of my country than my share. I only say that public emploiment contributes neither to advantage nor happiness. It is but honorable exile from one’s family affairs. I wish you every possible felicity to yourself, Mrs. Willis your family, and am with great sincerity dear Sir your affectionate friend servt.

TO THOMAS MANN RANDOLPH

—I wrote you on the 28th of March, to Patsy on the 4th of April, to Polly on the 11th. I now inclose a letter for Patsy, which being delivered me by Sr. John Temple, I presume comes from one of her friends the lady Tufton. The best channel for sending an answer will be to send it thro me, Sr. J. Temple the D. of Leed’s office. Letters papers to the 5th of Feb. from France, shew that they were going on well there. The Belgic revolution has received two small checks, one on the 1st. of Jan. when the whole Belgic army was panic struck ran before a man had fallen: the 2d on the 13th of Jan. when they were defeated with the loss of about 300 men. Van Murren commanded in both cases. The news of the death of the Emperor, which the English newspapers gave us, was not true. But I know that it may be daily hourly expected.—Here the public has been a good deal agitated with the question in Congress on the assumption of the state debts. The first decision has been not to assume by a majority of 31. to 28. It will still be brought on in another form. It appears to me one of those questions which present great inconveniences whichever way it is decided: so that it offers only a choice of evils.—In the way of small news we have the marriage of Mr. Page with a Miss Louther, the death of judge Harrison of Maryland. Mad judge Bedford of Delaware the other day wounded dangerously his wife killed her adulterer with the same shot.—We have had here a series of as disagreeable weather as I have seen. It is now raining and snowing most furiously, has been doing so all night. As soon as I get into the house I have hired, which will be the 1st. of May, I will propose to you to keep a diary of the weather here wherever you shall be, exchanging observations from time to time. I should like to compare the two climates by cotemporary observations. My method is to make two observations a day, the one as early as possible in the morning, the other from 3. to 4. o clock, because I have found 4 o clock the hottest day light the coldest point of the 24. hours. I state them in an ivory pocket book in the following form copy them out once a week.

The 1st column is the day of the month 2d the thermometer in the morning. The 4th do. in the evening. The 3d the weather in the morning. The 5th do. in the afternoon. The 6th is for miscellanies, such as the appearance of birds, leafing flowering of trees, frosts remarkably late or early, Aurora borealis, c. In the 3d 5th columns, a. is after: c, cloudy: f, fair: h: hail: r rain; s, snow. Thus c a r h s, means, cloudy after rain, hail snow: whenever it has rained, hailed or snowed between two observations I wrote it thus, f a r (i. e. fair afternoon) c a s (cloudy after snow) c. Otherwise the falling weather would escape notation. I distinguish weather into fair or cloudy, according as the sky is more or less than half covered with clouds. I observe these things to you, because in order that our observations may present a full comparison of the two climates, they should be kept on the same plan. I have no barometer here was without one at Paris. Still if you chuse to take barometrical observations you can insert a 3d. morning column and a 3d. afternoon column.

My most friendly respects to Colo. Randolph, and my love to Patty Polly, and believe me to be sincerely affectionately Your’s.

P. S. I spoke again with — 1 on the subject of Mr. D. Randolph a few days ago. He still knows nothing of H.’s intention to resign, he never promises any thing. But he said as much as he could, short of a promise, and I believe you may assure Mr. Randolph that in such an event he will probably have the appointment. But do not let a word of this, transpire beyond him.

OPINION ON THE POWERS OF THE SENATE

The constitution having declared, that the president “shall nominate, and by and with the advice and consent of the senate shall appoint, ambassadors, other public ministers, and consuls,” the president desires my opinion whether the senate has a right to negative the grade he may think it expedient to use in a foreign mission, as well as the person to be appointed.

I think the senate has no right to negative the grade.

The constitution has divided the powers of government into three branches, legislative, executive, and judiciary, lodging each with a distant magistracy. The legislative it has given completely to the senate and house of representatives; it has declared that “the executive powers shall be vested in the president,” submitting only special articles of it to a negative by the senate; and it has vested the judiciary power in the courts of justice, with certain exceptions also in favor of the senate.

The transaction of business with foreign nations is executive altogether; it belongs, then, to the head of that department, except as to such portions of it as are specially submitted to the senate. Exceptions are to be construed strictly; the constitution itself, indeed, has taken care to circumscribe this one within very strict limits; for it gives the nomination of the foreign agent to the president, the appointment to him and the senate jointly, and the commissioning to the president.

This analysis calls our attention to the strict import of each term. To nominate must be to propose; appointment seems the only act of the will which constitutes or makes the agent; and the commission is the public evidence of it. But there are still other acts previous to these, not specially enumerated in the constitution, — to wit, 1. The destination of a mission to the particular country where the public service calls for it, and, 2. The character or grade to be employed in it. The natural order of all these is, 1. destination, 2. grade, 3. nomination, 4. appointment, 5. commission. If appointment does not comprehend the neighboring acts of nomination or commission, (and the constitution says it shall not, by giving them exclusively to the president) still less can it pretend to comprehend those previous and more remote of destination and grade. The constitution, analyzing the three last, shows they do not comprehend the two first. The fourth is the only one it submits to the senate, shaping it into a right to say that “A or B is unfit to be appointed.” Now, this cannot comprehend a right to say that “A or B is indeed fit to be appointed, but the grade fixed on it is not the fit one to employ,” or “our connections with the country of his destination are not such as to call for any mission.” The senate is not supposed by the constitution to be acquainted with the concerns of the executive department. It was not intended that these should be communicated to them; nor can they, therefore, be qualified to judge of the necessity which calls for a mission to any particular place, or of the particular grade, more or less marked, which special and secret circumstances may call for. All this is left to the president; they are only to see that no unfit person be employed.

It may be objected, that the senate may, by continual negatives on the person, do what amounts to a negative on the grade, and so indirectly defeat this right of the president; but this would be a breach of trust, an abuse of the power confided to the senate, of which that body cannot be supposed capable. So, the president has a power to convoke the legislature, and the senate might defeat that power, by refusing to come. This equally amounts to a negative on the power of convoking, yet nobody will say they possess such a negative, or would be capable of usurping it by such oblique means. If the constitution had meant to give the senate a negative on the grade or destination, as well as the person, it would have said so in direct terms, and not left it to be effected by a sidewind. It could never mean to give them the use of one power through the abuse of another.

TO COLONEL HENRY LEE

—I am honored with your favor of the 3d. instant, and would have been happy to be useful to Mr. Lee had there been any opening, as I should be hereafter were any to occur. There are no offices in my gift but of meer [ sic ] scribes in the office room at 800. 500. Dollars a year. These I found all filled of long possession in the hands of those who held them, and I thought it would not be just to remove persons in possession, who had behaved well, to make place for others. There was a single vacancy, only, that required to be filled up with a regard to the elegance of hand-writing only, because it was to continue the record of the Acts of Congress which had been begun in a hand remarkably fine. I am sensible of the necessity as well as justice of dispersing emploiments over the whole of the U. S. But this is difficult as to the smaller offices, which require to be filled immediately as they become vacant are not worth coming for from the distant states. Hence they will unavoidably get into the sole occupation of the vicinities of the seat of government. A reason the more for removing that seat to the true center.

The question of Assumption still occupies Congress. The partisans of both sides of it are nearly equally divided, both extremely eager to carry their point. It will probably be sometime before it is ultimately decided. In the mean while the voice of the nation will perhaps, be heard. Unluckily it is one of those cases wherein the voice will be all on one side, therefore likely to induce a false opinion of the real wish of the public. What would be the fate of this question in the Senate is yet unknown.

TO WILLIAM SHORT 1

— * * * J. Walker is appointed Senator in the room of Grayson, arrived here with his family yesterday. It was carried in his favor against Monroe by a Majority of a single vote in council. Many think he may be dropped by the assembly. In my preceding letters I did not mention to whom you should address such of my things as are to go directly to Virginia. To Capt. Maxwell at Norfolk if you please, or Mr. James Brown Merch t . at Richmond, according to the destination of the vessel. On conversing with Mr. Hamilton yesterday, I find that the funds in the hands of the W. W. V. Stap. Hub. are exhausted. Should the joint houses therefore make any difficulties about answering your bills for my purposes, I think the latter one will not: be so good as to assure them (in case it comes to that) that their advances for me shall be reimbursed as soon as made known. * * *

The management of the foreign establishment awaits the passage of a bill on the subject. One conversation only has taken place, but no resolutions reached are discernible. A minister will certainly be appointed, and from among the veterans on the public stage, if I may judge from the names mentioned. I will write you the moment I know it myself. I would advise you to pass some time in London in as high a circle as you can before you come over, in order to add the better knowledge of the country to your qualifications for future office.

We have London news to March 26. Paris news only to Feb. 10. Your note with a packet from Miss Botidour for my daughter is come to hand. You will see in the newspapers which accompany this, the details of Dr. Franklin’s death. The house of representatives resolved to wear mourning do it. The Senate neither resolved it nor do it.—What is become of Rumsey his steam-ship? Not a word is known here. I fear therefore he has failed. Adieu, my dear Sir, and believe me to be Your affectionate friend servt.

OPINION ON GEORGIAN LAND GRANTS 1

The State of Georgia, having granted to certain individuals a tract of country, within their chartered limits, whereof the Indian right has never yet been acquired; with a proviso in the grants, which implies that those individuals may take measures for extinquishing the Indian rights under the authority of that Government, it becomes a question how far this grant is good?

A society, taking possession of a vacant country, and declaring they mean to occupy it, does thereby appropriate to themselves as prime occupants what was before common. A practice introduced since the discovery of America, authorized them to go further, and to affix the limits which they assume to themselves; and it seems, for the common good, to admit this right to a moderate and reasonable extent.

If the country, instead of being altogether vacant, is thinly occupied by another nation, the right of the native forms an exception to that of the new comers; that is to say, these will only have a right against all other nations except the natives. Consequently, they have the exclusive privilege of acquiring the native right by purchase or other just means. This is called the right of pre-emption, and is become a principle of the law of nations, fundamental with respect to America. There are but two means of acquiring the native title. First, war; for even war may, sometimes, give a just title. Second, contracts or treaty.

The States of America before their present union possessed completely, each within its own limits, the exclusive right to use these two means of acquiring the native title, and, by their act of union, they have as completely ceded both to the general government. Art. 2d, Section 1st, “The President shall have power, by and with the advice of the Senate, to make treaties, provided two thirds of the Senators present concur.” Art. 1st, Section 8th, “The Congress shall have power to declare war, to raise and support armies.” Section 10th, “No State shall enter into a treaty, alliance or confederation. No State shall, without the consent of Congress, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war, unless actually invaded or in such imminent danger as will not admit of delay.”

These paragraphs of the constitution, declaring that the general government shall have, and that the particular ones shall not have, the right of war and treaty, are so explicit that no commentary can explain them further, nor can any explain them away. Consequently, Georgia, possessing the exclusive right to acquire the native title, but having relinquished the means of doing it to the general government, can only have put her grantee into her own condition. She could convey to them the exclusive right to acquire; but she could not convey what she had not herself, that is, the means of acquiring.

For these they must come to the general government, in whose hands they have been wisely deposited for the purposes both of peace and justice.

What is to be done? The right of the general government is, in my opinion, to be maintained. The case is sound, and the means of doing it as practicable as can ever occur. But respect and friendship should, I think, mark the conduct of the general towards the particular government, and explanations should be asked and time and color given them to tread back their steps before coercion is held up to their view. I am told there is already a strong party in Georgia opposed to the act of their government.

I should think it better then that the first measures, while firm, be yet so temperate as to secure their alliance and aid to the general government.

Might not the eclat of a proclamation revolt their pride and passion, and throw them hastily into the opposite scale? It will be proper indeed to require from the government of Georgia, in the first moment, that while the general government shall be expecting and considering her explanations, things shall remain in statu quo, and not a move be made towards carrying what they have begun into execution.

Perhaps it might not be superfluous to send some person to the Indians interested, to explain to them the views of government, and to watch with their aid the territory in question.

TO WILLIAM SHORT

—A periodical headache has put it out of my power for near a month to attend to any business, or correspondence public or private and such is my present situation that, favorable as the opportunity is by Mr. Crevecœur, I had not meant to venture to write to you. But the receipt of yours of Mar. 25. has decided me to try it. * * * I should not write to you again till I should emerge. I mentioned too the footing on which stood the proposal for my translation to a new office. It was not till the middle of February that a second letter from the President determined me to accept it: and I left Monticello in a fortnight after for New York. At Alexandria friday a vessel bound for France I wrote to you to wit Mar. 12. Of this letter I have sent triplicates. Since my arrival here I have written Mar. 28. Apr. 6. 7. 27. 30. sending duplicates triplicates of some of them. The day after the date of the last, I was taken with the illness which still confines me. In the mean time we have been here near losing the President. He was taken with a peripneumony and on the 5th day he was pronounced by two of the three physicians present to be in the act of death. A successful effort of nature however relieved him us. You cannot conceive the public alarm on this occasion. It proves how much depends on his life. No successor at Paris is yet named: nor is any other mission on the carpet. I wish that while you stay you could obtain the free introduction of our salted provisions into France. Nothing would be so generally pleasing from the Chesapeek to New Hampshire. You will see in the newspapers a bill for increasing the tonnage of nations not in Treaty with us to a given time then prohibiting their transporting our commodities. This I think will pass. In the house of representatives there is a great majority for it. The hope I have held out of obtaining the introduction of our salted provisions into France, has been an efficacious incitement to this bill. A motion is now before the Senate for having the next meeting of Congress at Philadelphia: it is rather possible it will be carried in both houses. In that case we shall remove to Philadelphia about the 1st of September. I wish it may be decided in time for me to give you notice so that Petit my baggage may come directly to Philadelphia.

With respect to the loss of your money by Nomeny I do not apprehend there can be any difficulty. Only take care and establish on the best testimony the case will admit, how much of it was to be paid for public purposes, how much was for your private use. This being done, I suppose the principles to be well established in law which will make the first a public, the latter your private loss. It cannot be brought on till the settlement of your account, then it will be decided on, not only by Congress, but the regular judge in that department.

You will see by the Virginia papers that Colo. Dudley Digges is dead: that Mr. Henry is elected contrary to what has been said of his retiring c. c. for these papers which I will regularly send you will convey to you all the small news I know. Madison of the College is coming here to be made a bishop. Send me if you please the records of the Bastile which they had begun to publish. I send by Mr. Crevecœur my alarm watch to be mended. There is a paper of explanation with it. I send also by him about ½ doz. lb of Balsanum Canadensa for M. Deville, which be pleased to ask his acceptance of from me, apologize from my sickness for my not writing. I wish, if it be practicable, that you could make all the paiments of rent for my house since my departure, enter into Mr. Grand’s accounts, so that I may have no occasion to place them in mine at all. Press the affairs of the Algerine redemption and write its progress continually. Present me to all my friends as if they were here named, and be assured of the constant esteem attachment of Dear Sir your sincere affectionate friend.

P. S. May 28. Last night I received your letters to me of Jan. 28. Feb. 10. to Mr. Jay of Jan. 23. Feb. 10. They had arrived at Baltimore, gone to Mr. Jay at Portsmouth in New Hampshire, returned here. The Packet being to sail tomorrow I doubt the possibility of sending you the two copies of the Federalist bound. If it cannot be done now, it shall be by another opportunity. The motion for removal to Philadelphia has been evaded in the Senate and withdrawn. It is now moved in the other house. But probability is now rather against it’s success. The President is well enough to resume business.

TO THOMAS MANN RANDOLPH

—I at length find myself, tho not quite well, yet sufficiently so to resume business in a moderate degree. I have therefore to answer your two favors of Apr 23 May 3, and in the first place to thank you for your attention to the Paccan, Gloucester European walnuts which will be great acquisitions at Monticello. I will still ask your attention to Mr. Foster’s boring machine, lest he should go away suddenly, so the opportunity of getting it be lost.—I enquired of Mr. Hamilton the quantity of coal imported; but he tells me there are not returns as yet sufficient to ascertain it; but as soon as there shall be I shall be informed. I am told there is a considerable prejudice against our coal in these Northern states. I do not know whence it proceeds: perhaps from the want of attention to the different species, and an ignorant application of them to cross-purposes. I have not begun my meteorological diary; because I have not yet removed to the house I have taken. I remove tomorrow: but as far as I can judge from it’s aspects there will not be one position to be had for the thermometer free from the influence of the sun both morning evening. However, as I go into it, only till I can get a better, I shall hope ere long to find a less objectionable situation. You know that during my short stay at Monticello I kept a diary of the weather. Mr. Madison has just received one, comprehending the same period, kept at his father’s in Orange. The hours of observation were the same, and he has the fullest confidence in the accuracy of the observer. All the morning observations in Orange are lower than those of Monticello, from one to, I believe, 15 or 16 degrees: the afternoon observations are near as much higher than those of Monticello. Nor will the variations permit us to ascribe them to any supposed irregularities in either tube, because, in that case, at the same point the variations would always be the same, which it is not. You have often been sensible that in the afternoon, or rather evening, the air has become warmer in ascending the mountain. The same is true in the morning. This might account for a higher station of the mercury in the morning observations at Monticello. Again when the air is equally dry in the lower higher situations, which may be supposed the case in the warmest part of the day, the mercury should be lower on the latter, because, all other circumstances the same, the nearer the common surface the warmer the air. So that on a mountain it ought really to be warmer in the morning cooler in the heat of the day than on the common plain; but not in so great a degree as these observations indicate. As soon as I am well enough I intend to examine them more accurately.—Your resolution to apply to the study of the law is wise in my opinion, at the same time to mix it with a good degree of attention to the farm. The one will relieve the other. The study of the law is useful in a variety of points of view. It qualifies a man to be useful to himself, to his neighbors, to the public. It is the most certain stepping stone to preferment in the political line. In political economy I think Smith’s wealth of nations the best book extant, in the science of government Montesquieu’s spirit of laws is generally recommended. It contains indeed a great number of political truths; but also an equal number of heresies: so that the reader must be constantly on his guard. There has been lately published a letter of Helvetius who was the intimate friend of Montesquieu whom he consulted before the publication of his book. Helvetius advised him not to publish it: in this letter to a friend he gives us a solution for the mixture of truth error found in this book. He sais Montesquieu was a man of immense reading, that he had commonplaced all his reading, that his object was to throw the whole contents of his commonplace book into systematical order, to shew his ingenuity by reconciling the contradictory facts it presented. Locke’s little book on government is perfect as far as it goes. Descending from theory to practice there is no better book than the Federalist. Burgh’s Political disquisitions are good also, especially after reading De Lolme. Several o Hume’s political essays are good. There are some excellent books of Theory written by Turgot the economists of France. For parliamentary knowlege, the Lex parliamentaria is the best book.—On my return to Virginia in the fall, I cannot help hoping some practicable plan may be devised for your settling in Albemarle, should your inclination lead you to it. Nothing could contribute so much to my happiness were it at the same time consistent with yours. You might get into the assembly for that county as soon as you should please. A motion has been made in the Senate to remove the federal government to Philadelphia. There was a trial of strength on a question for a week’s postponement. On that it was found there would be 11 for the removal 13 against it. The motion was therefore withdrawn made in the other house where it is still depending, of very incertain event.—The question of the assumption is again brought on. The parties were so nearly equal on the former trial that it is very possible that with some modifications it may yet prevail. The tonnage bill will probably pass, and must, I believe, produce salutary effects. It is a mark of energy in our government, in a case where I believe it cannot be parried. The French revolution still goes on well, tho the danger of a suspension of paiment is very imminent. Their appeal to the inhabitants of their colonies to say on what footing they wish to be placed, will end, I hope, in our free admission into their islands with our produce. This precedent must have consequences. It is impossible the world should continue long insensible to so evident a truth as that the right to have commerce intercourse with our neighbors is a natural right. To suppress this neighborly intercourse is an exercise of force, which we shall have a just right to remove when the superior force.

Present my warm affections to the girls. I am afraid they do not follow my injunctions of answering by the first post the weekly letter I address to them. I inclose some letters for Patsy from Paris, and the newspapers for yourself with assurances of the sincere cordial esteem of Dear Sir Your Affectionate friend.

P. S. I must refer the description of the Mould board to another occasion. The President is well enough to do business. Colo. Bland dangerously ill.

OPINION ON SOLDIERS’ ACCOUNTS

The accounts of the soldiers of Virginia and North Carolina, having been examined by the proper officer of government, the balances due to each individual ascertained, and a list of these balances made out, this list became known to certain persons before the soldiers themselves had information of it, and those persons, by unfair means, as is said, and for very inadequate considerations, obtained assignments from many of the soldiers of whatever sum should be due to them from the public, without specifying the amount.

The legislature, to defeat this fraud, passed resolutions on the 21st of May, 1790, directing that where payment had not been made to the original claimant in person or his representatives, it shall be made to him or them personally, or to their attorney, producing a power for that purpose, attested by two justices of the county where he resides, and specifying the certain sum he is to receive.

It has been objected to these resolutions that they annul transfers of property which were good by the laws under which they were made; that they take from the assignees their lawful property; are contrary to the principles of the constitution, which condemn retrospective laws; and are, therefore, not worthy of the President’s approbation.

I agree in an almost unlimited condemnation of retrospective laws. The few instances of wrong which they redress are so overweighed by the insecurity they draw over all property and even over life itself, and by the atrocious violations of both to which they lead that it is better to live under the evil than the remedy.

The only question I shall make is, whether these resolutions annul acts which were valid when they were done?

This question respects the laws of Virginia and North Carolina only. On the latter I am not qualified to decide, and therefore beg leave to confine myself to the former.

By the common law of England (adopted in Virginia) the conveyance of a right to a debt or other thing whereof the party is not in possession, is not only void, but severely punishable under the names of Maintenance and Champerty. The Law-merchants, however, which is permitted to have course between merchants, allows the assignment of a bill of exchange for the convenience of commerce. This, therefore, forms one exception to the general rule, that a mere right or thing in action is not assignable. A second exception has been formed by an English statute (copied into the laws of Virginia) permitting promisory notes to be assigned. The laws of Virginia have gone yet further than the statute, and have allowed, as a third exception, that a bond should be assigned, which cannot be done even at this day in England. So that, in Virginia, when a debt has been settled between the parties and put into the form of a bill of exchange, promisory note or bond, the law admits it to be transferred by assignment. In all other cases the assignment of a debt is void.

The debts from the United States to the soldiers of Virginia, not having been put into either of these forms, the assignments of them were void in law.

A creditor may give an order on his debtor in favor of another, but if the debtor does not accept it, he must be sued in the creditor’s name; which shows that the order does not transfer the property of the debts. The creditor may appoint another to be his attorney to receive and recover his debt, and he may covenant that when received the attorney may apply it to his own use. But he must sue as attorney to the original proprietor, and not in his own right.

This proves that a power of attorney, with such a covenant, does not transfer the property of the debt. A further proof in both cases is, that the original creditor may at any time before payment or acceptance revoke either his order or his power of attorney.

In that event the person in whose favor they were given has recourse to a court of equity. If he finds his transaction has been a fair one, he gives him aid. If he finds it has been otherwise, not permitting his court to be made a handmaid to fraud, he leaves him without remedy in equity as he was in law. The assignments in the present case, therefore, if unfairly obtained, as seems to be admitted, are void in equity as they are in law. And they derive their nullity from the laws under which they were made, not from the new resolutions of Congress. These are not retrospective. They only direct their treasurer not to give validity to an assignment which had it not before, by payments to the assignee until he in whom the legal property still is, shall order it in such a form as to show he is apprized of the sum he is to part with, and its readiness to be paid into his or any other hands, and that he chooses, notwithstanding, to acquiesce under the fraud which has been practised on him. In that case he had only to execute before two justices a power of attorney to the same person, expressing the specific sum of his demand, and it is to be complied with. Actual payment, in this case, is an important act. If made to the assignee, it would put the burthen of proof and process on the original owner. If made to that owner, it puts it on the assignee, who must then come forward and show that his transaction has been that of an honest man.

Government seems to be doing in this what every individual, I think, would feel himself bound to do in the case of his own debt. For, being free in the law, to pay to one or the other, he would certainly give the advantage to the party who has suffered wrong rather than to him who has committed it.

It is not honorable to embrace a salutary principle of law when a relinquishment of it is solicited only to support a fraud.

I think the resolutions, therefore, merit approbation. I have before professed my incompetence to say what are the laws of North Carolina on this subject. They, like Virginia, adopted the English laws in the gross. These laws forbid in general the buying and selling of debts, and their policy in this is so wise that I presume they had not changed it till the contrary be shown.

TO WILLIAM SHORT

—Having written to you so lately as the 27th of May, by M. de Crevecœur, I have little new to communicate. My head-ach still continues in a slight degree, but I am able to do business. Tomorrow I go on a sailing party of three or four days with the President. I am in hopes of being relieved entirely by the sickness I shall probably encounter. The President is perfectly reestablished, and looks better than before his illness. The question of removal to Philadelphia was carried in the house of representatives by 38. against 22. It is thought the Senate will be equally divided and consequently that the decision will rest on the Vice-president, who will be himself divided between his own decided inclinations to stay here, the unpopularity of being the sole obstacle to what appears the wish of so great a majority of the people expressed by proportional representation. Rhode island has at length acceded to the Union by a majority of two voices only in their convention. Her Senators will be here in about 10 days or a fortnight. The opposers of removal in the Senate try to draw out time till their arrival. Therefore they have connected the resolution of the lower house with a bill originated with them to fix a permanent residence, have referred both to the same committee.—Deaths are Colonel Bland at this place, and old Colo Corbin in Virginia. The naming a minister for Paris awaits the progress of a bill before the legislature. They will probably adjourn to the 1st of December, as soon as they have got through the money business. The funding bill is passed, by which the President is authorized to borrow money for transferring our foreign debt. But the ways means bill being not yet passed, the loan cannot be commenced till the appropriations of revenue are made, which is to give credit to the loan. * * *

P. S. 1287. 1119. 490. 1648. 1268. 394. 1340. 564. 1165. 917. 294. 146. 187. 687. 586. 1416. 394. 1527. 1099. 360. 586. 1450. 656. 860. 1212. 626. [torn] 1369. 927. 1012. 224. 339. 1172. 426. 224. 1152. 1166. 1451. 1182.

TO JOHN GARLAND JEFFERSON 1

—Your uncle mr Garland informs me, that, your education being finished, you are desirous of obtaining some clerkship or something else under government whereby you may turn your talents to some account for yourself and he had supposed it might be in my power to provide you with some such office. His commendations of you are such as to induce me to wish sincerely to be of service to you. But there is not, and has not been, a single vacant office at my disposal. Nor would I, as your friend, ever think of putting you into the petty clerkships in the several offices, where you would have to drudge through life for a miserable pittance, without a hope of bettering your situation. But he tells me you are also disposed to the study of the law. This therefore brings it more within my power to serve you. It will be necessary for you in that case to go and live somewhere in my neighborhood in Albemarle. The inclosed letter to Colo. Lewis near Charlottesville will show you what I have supposed could be best done for you there. It is a general practice to study the law in the office of some lawyer. This indeed gives to the student the advantage of his instruction. But I have ever seen that the services expected in return have been more than the instructions have been worth. All that is necessary for a student is access to a library, and directions in what order the books are to be read. This I will take the liberty of suggesting to you, observing previously that as other branches of science, and especially history, are necessary to form a lawyer, these must be carried on together. I will arrange the books to be read into three columns, and propose that you should read those in the first column till 12. oclock every day: those in the 2d. from 12. to 2. those in the 3d. after candlelight, leaving all the afternoon for exercise and recreation, which are as necessary as reading: I will rather say more necessary, because health is worth more than learning.

Should there be any little intervals in the day not otherwise occupied fill them up by reading Lowthe’s grammar, Blair’s lectures on rhetoric, Mason on poetic prosaic numbers, Bolingbroke’s works for the sake of the stile, which is declamatory elegant, the English poets for the sake of style also.

As mr Peter Carr in Goochland is engaged in a course of law reading, and has my books for that purpose, it will be necessary for you to go to mrs Carr’s, and to receive such as he shall be then done with, and settle with him a plan of receiving from him regular [ly] the before mentioned books as fast as he shall get through them. The losses I have sustained by lending my books will be my apology to you for asking your particular attention to the replacing them in the presses as fast as you finish them, and not to lend them to any body else, nor suffer anybody to have a book out of the Study under cover of your name. You will find, when you get there, that I have had reason to ask this exactness.

I would have you determine beforehand to make yourself a thorough lawyer, not be contented with a mere smattering. It is superiority of knowledge which can alone lift you above the heads of your competitors, and ensure you success. I think therefore you must calculate on devoting between two three years to this course of reading, before you think of commencing practice. Whenever that begins, there is an end of reading.

I shall be glad to hear from you from time to time, and shall hope to see you in the fall in Albemarle, to which place I propose a visit in that season. In the mean time wishing you all the industry of patient perseverance which this course of reading will require I am with great esteem Dear Sir Your most obedient friend servant.

TO GEORGE MASON

—I have deferred acknowleging the receipt of your favor of Mar 16, expecting daily that the business of the consulships would have been finished. But this was delayed by the President’s illness a very long one of my own, so that it is not till within these two or three days that it has been settled. That of Bordeaux is given to Mr. Fenwick according to your desire. The commission is making out and will be signed to-morrow or next day.

I intended fully to have had the pleasure of seeing you at Gunstan hall on my way here, but the roads being so bad that I was obliged to leave my own carriage to get along as it could, to take my passage in the stage, I could not deviate from the stage road. I should have been happy in a conversation with you on the subject of our new government, of which, tho’ I approve of the mass, I would wish to see some amendments, further than those which have been proposed, and fixing it more surely on a republican basis. I have great hopes that pressing forward with constancy to these amendments, they will be obtained before the want of them will do any harm. To secure the ground we gain, gain what more we can, is I think the wisest course. I think much has been gained by the late constitution; for the former one was terminating in anarchy, as necessarily consequent to inefficiency. The House of representatives have voted to remove to Baltimore by a majority of 53. against 6. This was not the effect of choice, but of the confusion into which they had been brought by the event of other questions, their being hampered with the rules of the house. It is not certain what will be the vote of the Senate. Some hope an opening will be given to convert it into a vote of the temporary seat at Philadelphia, the permanent one at Georgetown. The question of the assumption will be brought on again, it’s event is doubtful. Perhaps it’s opponents would be wiser to be less confident in their success, to compromise by agreeing to assume the state debts still due to individuals, on condition of assuming to the states at the same time what they have paid to individuals, so as to put the states in the shoes of those of their creditors whom they have paid off. Great objections lie to this, but not so great as to an assumption of the unpaid debts only. My duties preventing me from mingling in these questions, I do not pretend to be very competent to their decision. In general I think it necessary to give as well as take in a government like ours. I have some hope of visiting Virginia in the fall, in which case I shall still flatter myself with the pleasure of seeing you; in the meantime, I am with unchanged esteem respect my dear Sir Your most obedient friend servt.

TO THOMAS MANN RANDOLPH

—Your favor of May 25. came to hand on the 5th. inst. I am infinitely pleased at your predilection for settling in Albemarle. Certainly no circumstance in life is so near my heart as to have you near me. This will fix beyond a doubt my intended visit to Virginia, in the fall, in order to see what arrangements may be taken for settling you in Albemarle. In the meanwhile perhaps it might be as well for you to defer purchasing the 100 acres of land you mention, unless indeed Colo. Randolph were disposed to let you have a part of Edgehill. I cannot but hope that he, you, myself, contributing what we can, may be able to accommodate you with as much at least of Edgehill as Colo. Randolph seemed willing to sell to mr Harvie. On this subject I must propose a negotiation with him.—On enquiry I find that New England is not the place to look out for skilful farmers. That is scarcely a country where wheat is cultivated at all. The best farmers in America I am told are those on the Delaware. I shall take measures for knowing whether one can be got for you at what price.

Congress are much embarrassed by the two questions of assumption, and residence. All proceedings seem to be arrested till these can be got over, and for the peace continuance of the union, a mutual sacrifice of opinion interest is become the duty of everyone: for it is evident that if every one retains inflexibly his present opinion, there will be no bill passed at all for funding the public debts, if they separate without funding, there is an end of the government, in this situation of things. The only choice is among disagreeable things. The assumption must be admitted, but in so qualified a form as to divest it of it’s injustice. This may be done by assuring to the creditors of every state, a sum exactly proportioned to the contribution of the state: so that the state will on the whole neither gain nor lose. There will remain against the measure only the objection that Congress must lay taxes for these debts which might be better laid collected by the states. On the question of residence, the compromise proposed is to give it to Philadelphia for 15. years, then permanently to George town by the same act. This is the best arrangement we have now any prospect of, therefore the one to which all our wishes are at present pointed. If this does not take place, something much worse will; to wit an unqualified assumption the permanent seat on the Delaware. The Delegations of this state and Pennsylvania have conducted themselves with great honor and wisdom on these questions. They have by a steady (yet not a stipulated) concurrence avoided insidious baits which have been held out to divide them defeat their object.

The revolution in France is still going on slowly surely. There is a league of Prussia, Poland, Sweden Turkey formed under the auspices of England Holland against the two empires, who are scarcely in a condition to oppose such a combination. There is also a possibility of immediate war between England and Spain. The day before the mail of the last packet came away that is, on the 6th. of May, the king by a message to both houses, informed them of the capture of two British vessels by the Spaniards at Nootka sound, under a claim of exclusive right to those coasts, that he had demanded satisfaction, and was arming to obtain it. There was a very hot press of seamen, several ships of war had already put to sea. Both houses unanimously promised support: it seems as if they would insist on an unequivocal renunciation of her vague claims on the part of Spain. Perhaps they are determined to be satisfied with nothing less than war, dismemberment of the Spanish empire, and annihilation of their fleet.