DEAR FRANCIS, -- Your letter of the 1st came safely to hand. I am sorry you have lost Mr. Elliot, however the kindness of Dr. Cooper will be able to keep you in the track of what is worthy of your time.

You ask my opinion of Lord Bolingbroke and Thomas Paine. They were alike in making bitter enemies of the priests and pharisees of their day. Both were honest men; both advocates for human liberty. Paine wrote for a country which permitted him to push his reasoning to whatever length it would go. Lord Bolingbroke in one restrained by a const.i.tution, and by public opinion. He was called indeed a tory; but his writings prove him a stronger advocate for liberty than any of his countrymen, the whigs of the present day. Irritated by his exile, he committed one act unworthy of him, in connecting himself momentarily with a prince rejected by his country. But he redeemed that single act by his establishment of the principles which proved it to be wrong. These two persons differed remarkably in the style of their writing, each leaving a model of what is most perfect in both extremes of the simple and the sublime. No writer has exceeded Paine in ease and familiarity of style, in perspicuity of expression, happiness of elucidation, and in simple and una.s.suming language. In this he may be compared with Dr. Franklin; and indeed his Common Sense was, for awhile, believed to have been written by Dr. Franklin, and published under the borrowed name of Paine, who had come over with him from England. Lord Bolingbroke's, on the other hand, is a style of the highest order. The lofty, rhythmical, full-flowing eloquence of Cicero. Periods of just measure, their members proportioned, their close full and round. His conceptions, too, are bold and strong, his diction copious, polished and commanding as his subject. His writings are certainly the finest samples in the English language, of the eloquence proper for the Senate. His political tracts are safe reading for the most timid religionist, his philosophical, for those who are not afraid to trust their reason with discussions of right and wrong.

You have asked my opinion of these persons, and, to you, I have given it freely. But, remember, that I am old, that I wish not to make new enemies, nor to give offence to those who would consider a difference of opinion as sufficient ground for unfriendly dispositions. G.o.d bless you, and make you what I wish you to be.

THE UNIVERSITY AND THE SCHOOLS.

To General James Breckinridge Monticello, February 15, 1821 1821021.

DEAR SIR, -- I learn, with deep affliction, that nothing is likely to be done for our University this year. So near as it is to the sh.o.r.e that one shove more would land it there, I had hoped that would be given; and that we should open with the next year an inst.i.tution on which the fortunes of our country may depend more than may meet the general eye. The reflections that the boys of this age are to be the men of the next; that they should be prepared to receive the holy charge which we are cherishing to deliver over to them; that in establishing an inst.i.tution of wisdom for them, we secure it to all our future generations; that in fulfilling this duty, we bring home to our own bosoms the sweet consolation of seeing our sons rising under a luminous tuition, to destinies of high promise; these are considerations which will occur to all; but all, I fear, do not see the speck in our horizon which is to burst on us as a tornado, sooner or later. The line of division lately marked out between different portions of our confederacy, is such as will never, I fear, be obliterated, and we are now trusting to those who are against us in position and principle, to fashion to their own form the minds and affections of our youth. If, as has been estimated, we send three hundred thousand dollars a year to the northern seminaries, for the instruction of our own sons, then we must have there five hundred of our sons, imbibing opinions and principles in discord with those of their own country. This canker is eating on the vitals of our existence, and if not arrested at once, will be beyond remedy. We are now certainly furnishing recruits to their school. If it be asked what are we to do, or said we cannot give the last lift to the University without stopping our primary schools, and these we think most important; I answer, I know their importance. No body can doubt my zeal for the general instruction of the people. Who first started that idea? I may surely say, myself. Turn to the bill in the revised code, which I drew more than forty years ago, and before which the idea of a plan for the education of the people, generally, had never been suggested in this State. There you will see developed the first rudiments of the whole system of general education we are now urging and acting on: and it is well known to those with thom I have acted on this subject, that I never have proposed a sacrifice of the primary to the ultimate grade of instruction. Let us keep our eye steadily on the whole system. If we cannot do every thing at once, let us do one at a time. The primary schools need no preliminary expense; the ultimate grade requires a considerable expenditure in advance. A suspension of proceeding for a year or two on the primary schools, and an application of the whole income, during that time, to the completion of the buildings necessary for the University, would enable us then to start both inst.i.tutions at the same time. The intermediate branch, of colleges, academies and private cla.s.sical schools, for the middle grade, may hereafter receive any necessary aids when the funds shall become competent. In the mean time, they are going on sufficiently, as they have ever yet gone on, at the private expense of those who use them, and who in numbers and means are competent to their own exigencies. The experience of three years has, I presume, left no doubt that the present plan of primary schools, of putting money into the hands of twelve hundred persons acting for nothing, and under no responsibility, is entirely inefficient. Some other must be thought of; and during this pause, if it be only for a year, the whole revenue of that year, with that of the last three years which has not been already thrown away, would place our University in readiness to start with a better organization of primary schools, and both may then go on, hand in hand, for ever. No diminution of the capital will in this way have been incurred; a principle which ought to be deemed sacred. A relinquishment of interest on the late loan of sixty thousand dollars, would so far, also, forward the University without lessening the capital.

But what may be best done I leave with entire confidence to yourself and your colleagues in legislation, who know better than I do the conditions of the literary fund and its wisest applications and I shall acquiesce with perfect resignation to their will. I have brooded, perhaps with fondness, over this establishment, as it held up to me the hope of continuing to be useful while I continued to live. I had believed that the course and circ.u.mstances of my life had placed within my power some services favorable to the outset of the inst.i.tution. But this may be egoism; pardonable, perhaps, when express a consciousness that my colleagues and successors will do as well, whatever the legislature shall enable them to do.

I have thus, my dear Sir, opened my bosom, with all its anxieties, freely to you. I blame n.o.body for seeing things in a different light. I am sure that all act conscientiously, and that all will be done honestly and wisely which can be done. yield the concerns of the world with cheerfulness to those who are appointed in the order of nature to succeed to them; and for yourself, for our colleagues, and for all in charge of our country's future fame and fortune, I offer up sincere prayers.

A DANGEROUS EXAMPLE.

To Jedidiah Morse Monticello, March 6, 1822 1822030.

SIR, -- I have duly received your letter of February the 16th, and have now to express my sense of the honorable station proposed to my ex-brethren and myself, in the const.i.tution of the society for the civilization and improvement of the Indian tribes. The object too expressed, as that of the a.s.sociation, is one which I have ever had much at heart, and never omitted an occasion of promoting, while I have been in situations to do it with effect, and nothing, even now, in the calm of age and retirement, would excite in me a more lively interest than an approvable plan of raising that respectable and unfortunate people from the state of physical and moral abjection, to which they have been reduced by circ.u.mstances foreign to them. That the plan now proposed is ent.i.tled to unmixed approbation, I am not prepared to say, after mature consideration, and with all the partialities which its professed object would rightfully claim from me.

I shall not undertake to draw the line of demarcation between private a.s.sociations of laudable views and unimposing numbers, and those whose magnitude may rivalise and jeopardise the march of regular government. Yet such a line does exist. I have seen the days, they were those which preceded the Revolution, when even this last and perilous engine became necessary; but they were days which no man would wish to see a second time. That was the case where the regular authorities of the government had combined against the rights of the people, and no means of correction remained to them, but to organise a collateral power, which, with their support, might rescue and secure their violated rights. But such is not the case with our government. We need hazard no collateral power, which, by a change of its original views, and a.s.sumption of others we know not how virtuous or how mischievous, would be ready organised and in force sufficient to shake the established foundations of society, and endanger its peace and the principles on which it is based. Is not the machine now proposed of this gigantic stature? It is to consist of the ex-Presidents of the United States, the Vice President, the Heads of all the executive departments, the members of the supreme judiciary, the Governors of the several States and territories, all the members of both Houses of Congress, all the general officers of the army, the commissioners of the navy, all Presidents and Professors of colleges and theological seminaries, all the clergy of the United States, the Presidents and Secretaries of all a.s.sociations having relation to Indians, all commanding officers within or near Indian territories, all Indian superintendants and agents; all these ex- officio; and as many private individuals as will pay a certain price for membership. Observe too, that the clergy will const.i.tute (note-Letters-8, see page 1458) nineteen twentieths of this a.s.sociation, and, by the law of the majority, may command the twentieth part, which, composed of all the high authorities of the United States, civil and military, may be outvoted and wielded by the nineteen parts with uncontrollable power, both as to purpose and process. Can thisformidable array be reviewed without dismay? It will besaid, that in this a.s.sociation will be all the confidential officers of the government; the choice of the people themselves. No man on earth has more implicit confidence than myself in the integrity and discretion of this chosen band of servants. But is confidence or discretion, or is strict limit, the principle of our const.i.tution? It will comprehend, indeed, all the functionaries of the government; but seceded from their const.i.tutional stations as guardians of the nation, and acting not by the laws of their station, but by those of a voluntary society, having no limit to their purposes but the same will which const.i.tutes their existence. It will be the authorities of the people and all influential characters from among them, arrayed on one side, and on the other, the people themselves deserted by their leaders. It is a fearful array. It will be said, that these are imaginary fears. I know they are so at present. I know it is as impossible for these agents of our choice and unbounded confidence, to harbor machinations against the adored principles of our const.i.tution, as for gravity to change its direction, and gravid bodies to mount upwards. The fears are indeed imaginary: but the example is real. Under its authority, as a precedent, future a.s.sociations will arise with objects at which we should shudder at this time. The society of Jacobins, in another country, was inst.i.tuted on principles and views as virtuous as ever kindled the hearts of patriots. It was the pure patriotism of their purposes which extended their a.s.sociation to the limits of the nation, and rendered their power within it boundless; and it was this power which degenerated their principles and practices to such enormities, as never before could have been imagined. Yet these were men; and we and our descendants will be no more. The present is a case where, if ever, we are to guard against ourselves; not against ourselves as we are, but as we may be; for who can now imagine what we may become under circ.u.mstances not now imaginable? The object too of this inst.i.tution, seems to require so hazardous an example as little as any which could be proposed. The government is, at this time, going on with the process of civilising the Indians, on a plan probably as promising as any one of us is able to devise, and with resources more competent than we could expect to command by voluntary taxation. Is it that the new characters called into a.s.sociation with those of the government, are wiser than these? Is it that a plan originated by a meeting of private individuals, is better than that prepared by the concentrated wisdom of the nation, of men not self- chosen, but clothed with the full confidence of the people? Is it that there is no danger that a new authority, marching, independently, along side of the government, in the same line and to the same object, may not produce collision, may not thwart and obstruct the operations of the government, or wrest the object entirely from their hands? Might we not as well appoint a committee for each department of the government, to counsel and direct its head separately, as volunteer ourselves to counsel and direct the whole, in ma.s.s? And might we not do it as well for their foreign, their fiscal, and their military, as for their Indian affairs? And how many societies, auxiliary to the government, may we expect to see spring up, in imitation of this, offering to a.s.sociate themselves in this and that of its functions? In a word, why not take the government out of its const.i.tutional hands, a.s.sociate them indeed with us, to preserve a semblance that the acts are theirs, but insuring them to be our own by allowing them a minor vote only?

These considerations have impressed my mind with a force so irresistible, that (in duty bound to answer your polite letter, without which I should not have obtruded an opinion,) have not been able to withhold the expression of them. Not knowing the individuals who have proposed this plan, I cannot be conceived as entertaining personal disrespect for them. On the contrary, I see in the printed list persons for whom I cherish sentiments of sincere friendship; and others, for whose opinions and purity of purpose I have the highest respect. Yet thinking as I do, that this a.s.sociation is unnecessary; that the government is proceeding to the same object under control of the law; that they are competent to it in wisdom, in means, and inclination; that this a.s.sociation, this wheel within a wheel, is more likely to produce collision than aid; and that it is, in its magnitude, of dangerous example; I am bound to say, that, as a dutiful citizen, I cannot in conscience become a member of this society, possessing as it does my entire confidence in the integrity of its views. I feel with awe the weight of opinion to which I may be opposed, and that, for myself, I have need to ask the indulgence of a belief, that the opinion I have given is the best result I can deduce from my own reason and experience, and that it is sincerely conscientious. Repeating therefore, my just acknowledgments for the honor proposed to me; I beg leave to add the a.s.surances to the society and yourself of my highest confidence and consideration. NOTE-HERE (note-Letters-8) The clergy of the United States may probably be estimated at eight thousand. The residue of this society at four hundred; but if the former number be halved, the reasoning will be the same.

A UNITARIAN CREED.

To Dr. Benjamin Waterhouse Monticello, June 26, 1822 1822062.

DEAR SIR, -- I have received and read with thankfulness and pleasure your denunciation of the abuses of tobacco and wine. Yet, however sound in its principles, I expect it will be but a sermon to the wind. You will find it as difficult to inculcate these sanative precepts on the sensualities of the present day, as to convince an Athanasian that there is but one G.o.d. I wish success to both attempts, and am happy to learn from you that the latter, at least, is making progress, and the more rapidly in proportion as our Platonizing Christians make more stir and noise about it. The doctrines of Jesus are simple, and tend all to the happiness of man.

1. That there is one only G.o.d, and he all perfect.

2. That there is a future state of rewards and punishments.

3. That to love G.o.d with all thy heart and thy neighbor as thyself, is the sum of religion. These are the great points on which he endeavored to reform the religion of the Jews. But compare with these the demoralizing dogmas of Calvin.

1. That there are three G.o.ds.

2. That good works, or the love of our neighbor, are nothing.

3. That faith is every thing, and the more incomprehensible the proposition, the more merit in its faith.

4. That reason in religion is of unlawful use.

5. That G.o.d, from the beginning, elected certain individuals to be saved, and certain others to be d.a.m.ned; and that no crimes of the former can d.a.m.n them; no virtues of the latter save.

Now, which of these is the true and charitable Christian? He who believes and acts on the simple doctrines of Jesus? Or the impious dogmatists, as Athanasius and Calvin? Verily I say these are the false shepherds foretold as to enter not by the door into the sheepfold, but to climb up some other way. They are mere usurpers of the Christian name, teaching a counter-religion made up of the deliria of crazy imaginations, as foreign from Christianity as is that of Mahomet. Their blasphemies have driven thinking men into infidelity, who have too hastily rejected the supposed author himself, with the horrors so falsely imputed to him. Had the doctrines of Jesus been preached always as pure as they came from his lips, the whole civilized world would now have been Christian. I rejoice that in this blessed country of free inquiry and belief, which has surrendered its creed and conscience to neither kings nor priests, the genuine doctrine of one only G.o.d is reviving, and trust that there is not a young man now living in the United States who will not die an Unitarian.

But much I fear, that when this great truth shall be re- established, its votaries will fall into the fatal error of fabricating formulas of creed and confessions of faith, the engines which so soon destroyed the religion of Jesus, and made of Christendom a mere Aceldama; that they will give up morals for mysteries, and Jesus for Plato. How much wiser are the Quakers, who, agreeing in the fundamental doctrines of the gospel, schismatize about no mysteries, and, keeping within the pale of common sense, suffer no speculative differences of opinion, any more than of feature, to impair the love of their brethren. Be this the wisdom of Unitarians, this the holy mantle which shall cover within its charitable circ.u.mference all who believe in one G.o.d, and who love their neighbor! I conclude my sermon with sincere a.s.surances of my friendly esteem and respect.

SERIATIM OPINIONS AND THE HISTORY OF PARTIES.

To Justice William Johnson Monticello, Oct. 27, 1822 1822102.

DEAR SIR, -- I have deferred my thanks for the copy of your Life of Genl. Greene, until I could have time to read it. This I have done, and with the greatest satisfaction; and can now more understandingly express the gratification it has afforded me. I really rejoice that we have at length a fair history of the Southern war. It proves how much we were left to defend ourselves as we could, while the resources of the Union were so disproportionately devoted to the North. I am glad too to see the Romance of Lee removed from the shelf of History to that of Fable. Some small portion of the transactions he relates were within my own knolege; and of these I can say he has given more falsehood than fact; and I have heard many officers declare the same as to what had pa.s.sed under their eyes. Yet this book had begun to be quoted as history. Greene was truly a great man, he had not perhaps all the qualities which so peculiarly rendered Genl. Washington the fittest man on earth for directing so great a contest under so great difficulties. Difficulties proceeding not from lukewarmness in our citizens or their functionaries, as our military leaders supposed; but from the pennyless condition of a people, totally shut out from all commerce & intercourse with the world, and therefore without any means for converting their labor into money. But Greene was second to no one in enterprise, in resource, in sound judgment, prompt.i.tude of decision, and every other military talent. In addition to the work you have given us, I look forward with anxiety to that you promise in the last paragraph of your book. Lee's military fable you have put down. Let not the invidious libel on the views of the Republican party, and on their regeneration of the government go down to posterity as hypocritically masked. I was myself too laboriously employed, while in office, and too old when I left it, to do justice to those who had labored so faithfully to arrest our course towards monarchy, and to secure the result of our revolutionary sufferings and sacrifices in a government bottomed on the only safe basis, the elective will of the people. You are young enough for the task, and I hope you will undertake it.

There is a subject respecting the practice of the court of which you are a member, which has long weighed on my mind, on which I have long thought I would write to you, and which I will take this opportunity of doing. It is in truth a delicate undertaking, & yet such is my opinion of your candor and devotedness to the Const.i.tution, in it's true spirit, that I am sure I shall meet your approbation in unbosoming myself to you. The subject of my uneasiness is the habitual mode of making up and delivering the opinions of the supreme court of the US.

You know that from the earliest ages of the English law, from the date of the year-books, at least, to the end of the IId George, the judges of England, in all but self-evident cases, delivered their opinions seriatim, with the reasons and authorities which governed their decisions. If they sometimes consulted together, and gave a general opinion, it was so rarely as not to excite either alarm or notice. Besides the light which their separate arguments threw on the subject, and the instruction communicated by their several modes of reasoning, it shewed whether the judges were unanimous or divided, and gave accordingly more or less weight to the judgment as a precedent. It sometimes happened too that when there were three opinions against one, the reasoning of the one was so much the most cogent as to become afterwards the law of the land. When Ld. Mansfield came to the bench he introduced the habit of caucusing opinions. The judges met at their chambers, or elsewhere, secluded from the presence of the public, and made up what was to be delivered as the opinion of the court. On the retirement of Mansfield, Ld. Kenyon put an end to the practice, and the judges returned to that of seriatim opinions, and practice it habitually to this day, I believe. I am not acquainted with the late reporters, do not possess them, and state the fact from the information of others. To come now to ourselves I know nothing of what is done in other states, but in this our great and good Mr. Pendleton was, after the revolution, placed at the head of the court of Appeals. He adored Ld. Mansfield, & considered him as the greatest luminary of law that any age had ever produced, and he introduced into the court over which he presided, Mansfield's practice of making up opinions in secret & delivering them as the Oracles of the court, in ma.s.s. Judge Roane, when he came to that bench, broke up the practice, refused to hatch judgments, in Conclave, or to let others deliver opinions for him. At what time the seriatim opinions ceased in the supreme Court of the US., I am not informed. They continued I know to the end of the 3d Dallas in 1800. Later than which I have no Reporter of that court. About that time the present C. J. came to the bench. Whether he carried the practice of Mr. Pendleton to it, or who, or when I do not know; but I understand from others it is now the habit of the court, & I suppose it true from the cases sometimes reported in the newspapers, and others which I casually see, wherein I observe that the opinions were uniformly prepared in private. Some of these cases too have been of such importance, of such difficulty, and the decisions so grating to a portion of the public as to have merited the fullest explanation from every judge seriatim, of the reasons which had produced such convictions on his mind. It was interesting to the public to know whether these decisions were really unanimous, or might not perhaps be of 4. against 3. and consequently prevailing by the preponderance of one voice only. The Judges holding their offices for life are under two responsibilities only. 1. Impeachment. 2. Individual reputation. But this practice compleatly withdraws them from both. For n.o.body knows what opinion any individual member gave in any case, nor even that he who delivers the opinion, concurred in it himself. Be the opinion therefore ever so impeachable, having been done in the dark it can be proved on no one. As to the 2d guarantee, personal reputation, it is shielded compleatly. The practice is certainly convenient for the lazy, the modest & the incompetent. It saves them the trouble of developing their opinion methodically and even of making up an opinion at all. That of seriatim argument shews whether every judge has taken the trouble of understanding the case, of investigating it minutely, and of forming an opinion for himself, instead of pinning it on another's sleeve. It would certainly be right to abandon this practice in order to give to our citizens one and all, that confidence in their judges which must be so desirable to the judges themselves, and so important to the cement of the union. During the administration of Genl. Washington, and while E. Randolph was Attorney General, he was required by Congress to digest the judiciary laws into a single one, with such amendments as might be thought proper. He prepared a section requiring the Judges to give their opinions seriatim, in writing, to be recorded in a distinct volume. Other business prevented this bill from being taken up, and it pa.s.sed off, but such a volume would have been the best possible book of reports, and the better, as uninc.u.mbered with the hired sophisms and perversions of Counsel.

What do you think of the state of parties at this time? An opinion prevails that there is no longer any distinction, that the republicans & Federalists are compleatly amalgamated but it is not so. The amalgamation is of name only, not of principle. All indeed call themselves by the name of Republicans, because that of Federalists was extinguished in the battle of New Orleans. But the truth is that finding that monarchy is a desperate wish in this country, they rally to the point which they think next best, a consolidated government. Their aim is now therefore to break down the rights reserved by the const.i.tution to the states as a bulwark against that consolidation, the fear of which produced the whole of the opposition to the const.i.tution at it's birth. Hence new Republicans in Congress, preaching the doctrines of the old Federalists, and the new nick-names of Ultras and Radicals. But I trust they will fail under the new, as the old name, and that the friends of the real const.i.tution and union will prevail against consolidation, as they have done against monarchism. scarcely know myself which is most to be deprecated, a consolidation, or dissolution of the states. The horrors of both are beyond the reach of human foresight.

I have written you a long letter, and committed to you thoughts which I would do to few others. If I am right, you will approve them; if wrong, commiserate them as the dreams of a Superannuate about things from which he is to derive neither good nor harm. But you will still receive them as a proof of my confidence in the rect.i.tude of your mind and principles, of which I pray you to receive entire a.s.surance with that of my continued and great friendship and respect.

RELIGION AND THE UNIVERSITY.

To Dr. Thomas Cooper Monticello, November 2, 1822 1822110.

DEAR SIR, -- Your favor of October the 18th came to hand yesterday. The atmosphere of our country is unquestionably charged with a threatening cloud of fanaticism, lighter in some parts, denser in others, but too heavy in all. I had no idea, however, that in Pennsylvania, the cradle of toleration and freedom of religion, it could have arisen to the height you describe. This must be owing to the growth of Presbyterianism. The blasphemy and absurdity of the five points of Calvin, and the impossibility of defending them, render their advocates impatient of reasoning, irritable, and p.r.o.ne to denunciation. In Boston, however, and its neighborhood, Unitarianism has advanced to so great strength, as now to humble this haughtiest of all religious sects; insomuch that they condescend to interchange with them and the other sects, the civilities of preaching freely and frequently in each others' meeting-houses. In Rhode Island, on the other hand, no sectarian preacher will permit an Unitarian to pollute his desk. In our Richmond there is much fanaticism, but chiefly among the women. They have their night meetings and praying parties, where, attended by their priests, and sometimes by a hen-pecked husband, they pour forth the effusions of their love to Jesus, in terms as amatory and carnal, as their modesty would permit them to use to a mere earthly lover. In our village of Charlottesville, there is a good degree of religion, with a small spice only of fanaticism. We have four sects, but without either church or meeting-house. The court-house is the common temple, one Sunday in the month to each. Here, Episcopalian and Presbyterian, Methodist and Baptist, meet together, join in hymning their Maker, listen with attention and devotion to each others' preachers, and all mix in society with perfect harmony. It is not so in the districts where Presbyterianism prevails undividedly. Their ambition and tyranny would tolerate no rival if they had power. Systematical in grasping at an ascendency over all other sects, they aim, like the Jesuits, at engrossing the education of the country, are hostile to every inst.i.tution which they do not direct, and jealous at seeing others begin to attend at all to that object. The diffusion of instruction, to which there is now so growing an attention, will be the remote remedy to this fever of fanaticism; while the more proximate one will be the progress of Unitarianism. That this will, ere long, be the religion of the majority from north to south, I have no doubt.

In our university you know there is no Professorship of Divinity. A handle has been made of this, to disseminate an idea that this is an inst.i.tution, not merely of no religion, but against all religion. Occasion was taken at the last meeting of the Visitors, to bring forward an idea that might silence this calumny, which weighed on the minds of some honest friends to the inst.i.tution. In our annual report to the legislature, after stating the const.i.tutional reasons against a public establishment of any religious instruction, we suggest the expediency of encouraging the different religious sects to establish, each for itself, a professorship of their own tenets, on the confines of the university, so near as that their students may attend the lectures there, and have the free use of our library, and every other accommodation we can give them; preserving, however, their independence of us and of each other. This fills the chasm objected to ours, as a defect in an inst.i.tution professing to give instruction in all useful sciences. I think the invitation will be accepted, by some sects from candid intentions, and by others from jealousy and rivalship. And by bringing the sects together, and mixing them with the ma.s.s of other students, we shall soften their asperities, liberalize and neutralize their prejudices, and make the general religion a religion of peace, reason, and morality.

The time of opening our university is still as uncertain as ever. All the pavilions, boarding houses, and dormitories are done. Nothing is now wanting but the central building for a library and other general purposes. For this we have no funds, and the last legislature refused all aid. We have better hopes of the next. But all is uncertain. I have heard with regret of disturbances on the part of the students in your seminary. The article of discipline is the most difficult in American education. Premature ideas of independence, too little repressed by parents, beget a spirit of insubordination, which is the great obstacle to science with us, and a princ.i.p.al cause of its decay since the revolution. I look to it with dismay in our inst.i.tution, as a breaker ahead, which I am far from being confident we shall be able to weather. The advance of age, and tardy pace of the public patronage, may probably spare me the pain of witnessing consequences.

I salute you with constant friendship and respect.

CALVIN AND COSMOLOGY.

To John Adams Monticello, April 11, 1823 1823041.

DEAR SIR, -- The wishes expressed, in your last favor, that I may continue in life and health until I become a Calvinist, at least in his exclamation of 'mon Dieu! jusque a quand'! would make me immortal. I can never join Calvin in addressing his G.o.d. He was indeed an Atheist, which I can never be; or rather his religion was Daemonism. If ever man worshipped a false G.o.d, he did. The being described in his 5. points is not the G.o.d whom you and I acknolege and adore, the Creator and benevolent governor of the world; but a daemon of malignant spirit. It would be more pardonable to believe in no G.o.d at all, than to blaspheme him by the atrocious attributes of Calvin. Indeed I think that every Christian sect gives a great handle to Atheism by their general dogma that, without a revelation, there would not be sufficient proof of the being of a G.o.d. Now one sixth of mankind only are supposed to be Christians: the other five sixths then, who do not believe in the Jewish and Christian revelation, are without a knolege of the existence of a G.o.d! This gives compleatly a gain de cause to the disciples of Ocellus, Timaeus, Spinosa, Diderot and D'Holbach. The argument which they rest on as triumphant and unanswerable is that, in every hypothesis of Cosmogony you must admit an eternal pre- existence of something; and according to the rule of sound philosophy, you are never to employ two principles to solve a difficulty when one will suffice. They say then that it is more simple to believe at once in the eternal pre-existence of the world, as it is now going on, and may for ever go on by the principle of reproduction which we see and witness, than to believe in the eternal pre-existence of an ulterior cause, or Creator of the world, a being whom we see not, and know not, of whose form substance and mode or place of existence, or of action no sense informs us, no power of the mind enables us to delineate or comprehend. On the contrary I hold (without appeal to revelation) that when we take a view of the Universe, in it's parts general or particular, it is impossible for the human mind not to percieve and feel a conviction of design, consummate skill, and indefinite power in every atom of it's composition. The movements of the heavenly bodies, so exactly held in their course by the balance of centrifugal and centripetal forces, the structure of our earth itself, with it's distribution of lands, waters and atmosphere, animal and vegetable bodies, examined in all their minutest particles, insects mere atoms of life, yet as perfectly organised as man or mammoth, the mineral substances, their generation and uses, it is impossible, I say, for the human mind not to believe that there is, in all this, design, cause and effect, up to an ultimate cause, a fabricator of all things from matter and motion, their preserver and regulator while permitted to exist in their present forms, and their regenerator into new and other forms. We see, too, evident proofs of the necessity of a superintending power to maintain the Universe in it's course and order. Stars, well known, have disappeared, new ones have come into view, comets, in their incalculable courses, may run foul of suns and planets and require renovation under other laws; certain races of animals are become extinct; and, were there no restoring power, all existences might extinguish successively, one by one, until all should be reduced to a shapeless chaos. So irresistible are these evidences of an intelligent and powerful Agent that, of the infinite numbers of men who have existed thro' all time, they have believed, in the proportion of a million at least to Unit, in the hypothesis of an eternal pre-existence of a creator, rather than in that of a self-existent Universe. Surely this unanimous sentiment renders this more probable than that of the few in the other hypothesis. Some early Christians indeed have believed in the coeternal pre-existance of both the Creator and the world, without changing their relation of cause and effect. That this was the opinion of St. Thomas, we are informed by Cardinal Toleto, in these words 'Deus ab aeterno fuit jam omnipotens, sicut c.u.m produxit mundum. Ab aeterno potuit producere mundum. -- Si sol ab aeterno esset, lumen ab aeterno esset; et si pes, similiter vestigium. At lumen et vestigium effectus sunt efficientis solis et pedis; potuit ergo c.u.m causa aeterna effectus coaeterna esse. Cujus sententiae est S. Thomas Theologorum primus' Cardinal Toleta.

Of the nature of this being we know nothing. Jesus tells us that 'G.o.d is a spirit.' 4. John 24. but without defining what a spirit is {pneyma o Theos}. Down to the 3d. century we know that it was still deemed material; but of a lighter subtler matter than our gross bodies. So says Origen. 'Deus igitur, cui anima similis est, juxta Originem, reapte corporalis est; sed graviorum tantum ratione corporum incorporeus.' These are the words of Huet in his commentary on Origen. Origen himself says 'appelatio {asomaton} apud nostros scriptores est inusitata et incognita.' So also Tertullian 'quis autem negabit Deum esse corpus, etsi deus spiritus? Spiritus etiam corporis sui generis, in sua effigie.' Tertullian. These two fathers were of the 3d. century. Calvin's character of this supreme being seems chiefly copied from that of the Jews. But the reformation of these blasphemous attributes, and subst.i.tution of those more worthy, pure and sublime, seems to have been the chief object of Jesus in his discources to the Jews: and his doctrine of the Cosmogony of the world is very clearly laid down in the 3 first verses of the 1st. chapter of John, in these words, '{en arche en o logos, kai o logos en pros ton Theon kai Theos en o logos. 'otos en en arche pros ton Theon. Panta de ayto egeneto, kai choris ayto egeneto ode en, o gegonen}. Which truly translated means 'in the beginning G.o.d existed, and reason (or mind) was with G.o.d, and that mind was G.o.d. This was in the beginning with G.o.d. All things were created by it, and without it was made not one thing which was made'. Yet this text, so plainly declaring the doctrine of Jesus that the world was created by the supreme, intelligent being, has been perverted by modern Christians to build up a second person of their tritheism by a mistranslation of the word {logos}. One of it's legitimate meanings indeed is 'a word.' But, in that sense, it makes an unmeaning jargon: while the other meaning 'reason', equally legitimate, explains rationally the eternal preexistence of G.o.d, and his creation of the world. Knowing how incomprehensible it was that 'a word,' the mere action or articulation of the voice and organs of speech could create a world, they undertake to make of this articulation a second preexisting being, and ascribe to him, and not to G.o.d, the creation of the universe. The Atheist here plumes himself on the uselessness of such a G.o.d, and the simpler hypothesis of a self-existent universe. The truth is that the greatest enemies to the doctrines of Jesus are those calling themselves the expositors of them, who have perverted them for the structure of a system of fancy absolutely incomprehensible, and without any foundation in his genuine words. And the day will come when the mystical generation of Jesus, by the supreme being as his father in the womb of a virgin will be cla.s.sed with the fable of the generation of Minerva in the brain of Jupiter. But we may hope that the dawn of reason and freedom of thought in these United States will do away with all this artificial scaffolding, and restore to us the primitive and genuine doctrines of this the most venerated reformer of human errors.

So much for your quotation of Calvin's 'mon dieu! jusqu'a quand' in which, when addressed to the G.o.d of Jesus, and our G.o.d, I join you cordially, and await his time and will with more readiness than reluctance. May we meet there again, in Congress, with our antient Colleagues, and recieve with them the seal of approbation 'Well done, good and faithful servants.'

THE SUPREME COURT AND THE CONSt.i.tUTION.

To Justice William Johnson Monticello, June 12, 1823 1823061.

DEAR SIR, -- Our correspondence is of that accommodating character, which admits of suspension at the convenience of either party, without inconvenience to the other. Hence this tardy acknowledgment of your favor of April the 11th. I learn from that with great pleasure, that you have resolved on continuing your history of parties. Our opponents are far ahead of us in preparations for placing their cause favorably before posterity. Yet I hope even from some of them the escape of precious truths, in angry explosions or effusions of vanity, which will betray the genuine monarchism of their principles. They do not themselves believe what they endeavor to inculcate, that we were an opposition party, not on principle, but merely seeking for office. The fact is, that at the formation of our government, many had formed their political opinions on European writings and practices, believing the experience of old countries, and especially of England, abusive as it was, to be a safer guide than mere theory. The doctrines of Europe were, that men in numerous a.s.sociations cannot be restrained within the limits of order and justice, but by forces physical and moral, wielded over them by authorities independent of their will. Hence their organization of kings, hereditary n.o.bles, and priests. Still further to constrain the brute force of the people, they deem it necessary to keep them down by hard labor, poverty and ignorance, and to take from them, as from bees, so much of their earnings, as that unremitting labor shall be necessary to obtain a sufficient surplus barely to sustain a scanty and miserable life. And these earnings they apply to maintain their privileged orders in splendor and idleness, to fascinate the eyes of the people, and excite in them an humble adoration and submission, as to an order of superior beings. Although few among us had gone all these lengths of opinion, yet many had advanced, some more, some less, on the way. And in the convention which formed our government, they endeavored to draw the cords of power as tight as they could obtain them, to lessen the dependence of the general functionaries on their const.i.tuents, to subject to them those of the States, and to weaken their means of maintaining the steady equilibrium which the majority of the convention had deemed salutary for both branches, general and local. To recover, therefore, in practice the powers which the nation had refused, and to warp to their own wishes those actually given, was the steady object of the federal party. Ours, on the contrary, was to maintain the will of the majority of the convention, and of the people themselves. We believed, with them, that man was a rational animal, endowed by nature with rights, and with an innate sense of justice; and that he could be restrained from wrong and protected in right by moderate powers, confided to persons of his own choice, and held to their duties by dependence on his own will. We believed that the complicated organization of kings, n.o.bles, and priests, was not the wisest nor best to effect the happiness of a.s.sociated man; that wisdom and virtue were not hereditary, that the trappings of such a machinery, consumed by their expense, those earnings of industry, they were meant to protect, and, by the inequalities they produced, exposed liberty to sufferance. We believed that men, enjoying in ease and security the full fruits of their own industry, enlisted by all their interests on the side of law and order, habituated to think for themselves, and to follow their reason as their guide, would be more easily and safely governed, than with minds nourished in error, and vitiated and debased, as in Europe, by ignorance, indigence and oppression. The cherishment of the people then was our principle, the fear and distrust of them, that of the other party. Composed, as we were, of the landed and laboring interests of the country, we could not be less anxious for a government of law and order than were the inhabitants of the cities, the strongholds of federalism. And whether our efforts to save the principles and form of our const.i.tution have not been salutary, let the present republican freedom, order and prosperity of our country determine. History may distort truth, and will distort it for a time, by the superior efforts at justification of those who are conscious of needing it most. Nor will the opening scenes of our present government be seen in their true aspect, until the letters of the day, now held in private h.o.a.rds, shall be broken up and laid open to public view. What a treasure will be found in General Washington's cabinet, when it shall pa.s.s into the hands of as candid a friend to truth as he was himself! When no longer, like Caesar's notes and memorandums in the hands of Anthony, it shall be open to the high priests of federalism only, and garbled to say so much, and no more, as suits their views!

With respect to his farewell address, to the authorship of which, it seems, there are conflicting claims, I can state to you some facts. He had determined to decline re- election at the end of his first term, and so far determined, that he had requested Mr. Madison to prepare for him something valedictory, to be addressed to his const.i.tuents on his retirement. This was done, but he was finally persuaded to acquiesce in a second election, to which no one more strenuously pressed him than myself, from a conviction of the importance of strengthening, by longer habit, the respect necessary for that office, which the weight of his character only could effect. When, at the end of his second term, his Valedictory came out, Mr. Madison recognized in it several pa.s.sages of his draught, several others, we were both satisfied, were from the pen of Hamilton, and others from that of the President himself. These he probably put into the hands of Hamilton to form into a whole, and hence it may all appear in Hamilton's hand-writing, as if it were all of his composition.

I have stated above, that the original objects of the federalists were, 1st, to warp our government more to the form and principles of monarchy, and, 2d, to weaken the barriers of the State governments as coordinate powers. In the first they have been so completely foiled by the universal spirit of the nation, that they have abandoned the enterprise, shrunk from the odium of their old appellation, taken to themselves a partic.i.p.ation of ours, and under the pseudo-republican mask, are now aiming at their second object, and strengthened by unsuspecting or apostate recruits from our ranks, are advancing fast towards an ascendancy. I have been blamed for saying, that a prevalence of the doctrines of consolidation would one day call for reformation or revolution. I answer by asking if a single State of the Union would have agreed to the const.i.tution, had it given all powers to the General Government? If the whole opposition to it did not proceed from the jealousy and fear of every State, of being subjected to the other States in matters merely its own? And if there is any reason to believe the States more disposed now than then, to acquiesce in this general surrender of all their rights and powers to a consolidated government, one and undivided?

You request me confidentially, to examine the question, whether the Supreme Court has advanced beyond its const.i.tutional limits, and trespa.s.sed on those of the State authorities? I do not undertake it, my dear Sir, because I am unable. Age and the wane of mind consequent on it, have disqualified me from investigations so severe, and researches so laborious. And it is the less necessary in this case, as having been already done by others with a logic and learning to which I could add nothing. On the decision of the case of Cohens vs. The State of Virginia, in the Supreme Court of the United States, in March, 1821, Judge Roane, under the signature of Algernon Sidney, wrote for the Enquirer a series of papers on the law of that case. considered these papers maturely as they came out, and confess that they appeared to me to pulverize every word which had been delivered by Judge Marshall, of the extra-judicial part of his opinion; and all was extra-judicial, except the decision that the act of Congress had not purported to give to the corporation of Washington the authority claimed by their lottery law, of controlling the laws of the States within the States themselves. But unable to claim that case, he could not let it go entirely, but went on gratuitously to prove, that notwithstanding the eleventh amendment of the const.i.tution, a State could be brought as a defendant, to the bar of his court; and again, that Congress might authorize a corporation of its territory to exercise legislation within a State, and paramount to the laws of that State. I cite the sum and result only of his doctrines, according to the impression made on my mind at the time, and still remaining. If not strictly accurate in circ.u.mstance, it is so in substance. This doctrine was so completely refuted by Roane, that if he can be answered, surrender human reason as a vain and useless faculty, given to bewilder, and not to guide us. And I mention this particular case as one only of several, because it gave occasion to that thorough examination of the const.i.tutional limits between the General and State jurisdictions, which you have asked for. There were two other writers in the same paper, under the signatures of Fletcher of Saltoun, and Somers, who, in a few essays, presented some very luminous and striking views of the question. And there was a particular paper which recapitulated all the cases in which it was thought the federal court had usurped on the State jurisdictions. These essays will be found in the Enquirers of 1821, from May the 10th to July the 13th. It is not in my present power to send them to you, but if Ritchie can furnish them, I will procure and forward them. If they had been read in the other States, as they were here, I think they would have left, there as here, no dissentients from their doctrine. The subject was taken up by our legislature of 1821 - '22, and two draughts of remonstrances were prepared and discussed. As well as I remember, there was no difference of opinion as to the matter of right; but there was as to the expediency of a remonstrance at that time, the general mind of the States being then under extraordinary excitement by the Missouri question; and it was dropped on that consideration. But this case is not dead, it only sleepeth. The Indian Chief said he did not go to war for every petty injury by itself, but put it into his pouch, and when that was full, he then made war. Thank Heaven, we have provided a more peaceable and rational mode of redress.

This practice of Judge Marshall, of travelling out of his case to prescribe what the law would be in a moot case not before the court, is very irregular and very censurable. recollect another instance, and the more particularly, perhaps, because it in some measure bore on myself. Among the midnight appointments of Mr. Adams, were commissions to some federal justices of the peace for Alexandria. These were signed and sealed by him, but not delivered. I found them on the table of the department of State, on my entrance into office, and forbade their delivery. Marbury, named in one of them, applied to the Supreme Court for a mandamus to the Secretary of State, (Mr. Madison) to deliver the commission intended for him. The court determined at once, that being an original process, they had no cognizance of it; and therefore the question before them was ended. But the Chief Justice went on to lay down what the law would be, had they jurisdiction of the case, to wit: that they should command the delivery. The object was clearly to instruct any other court having the jurisdiction, what they should do if Marbury should apply to them. Besides the impropriety of this gratuitous interference, could anything exceed the perversion of law? For if there is any principle of law never yet contradicted, it is that delivery is one of the essentials to the validity of the deed. Although signed and sealed, yet as long as it remains in the hands of the party himself, it is in fieri only, it is not a deed, and can be made so only by its delivery. In the hands of a third person it may be made an escrow. But whatever is in the executive offices is certainly deemed to be in the hands of the President; and in this case, was actually in my hands, because, when I countermanded them, there was as yet no Secretary of State. Yet this case of Marbury and Madison is continually cited by bench and bar, as if it were settled law, without any animadversion on its being merely an obiter dissertation of the Chief Justice.

It may be impracticable to lay down any general formula of words which shall decide at once, and with precision, in every case, this limit of jurisdiction. But there are two canons which will guide us safely in most of the cases. 1st. The capital and leading object of the const.i.tution was to leave with the States all authorities which respected their own citizens only, and to transfer to the United States those which respected citizens of foreign or other States: to make us several as to ourselves, but one as to all others. In the latter case, then, constructions should lean to the general jurisdiction, if the words will bear it; and in favor of the States in the former, if possible to be so construed. And indeed, between citizens and citizens of the same State, and under their own laws, I know but a single case in which a jurisdiction is given to the General Government. That is, where anything but gold or silver is made a lawful tender, or the obligation of contracts is any otherwise impaired. The separate legislatures had so often abused that power, that the citizens themselves chose to trust it to the general, rather than to their own special authorities. 2d. On every question of construction, carry ourselves back to the time when the const.i.tution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was pa.s.sed. Let us try Cohen's case by these canons only, referring always, however, for full argument, to the essays before cited.

1. It was between a citizen and his own State, and under a law of his State. It was a domestic case, therefore, and not a foreign one.

2. Can it be believed, that under the jealousies prevailing against the General Government, at the adoption of the const.i.tution, the States meant to surrender the authority of preserving order, of enforcing moral duties and restraining vice, within their own territory? And this is the present case, that of Cohen being under the ancient and general law of gaming. Can any good be effected by taking from the States the moral rule of their citizens, and subordinating it to the general authority, or to one of their corporations, which may justify forcing the meaning of words, hunting after possible constructions, and hanging inference on inference, from heaven to earth, like Jacob's ladder? Such an intention was impossible, and such a licentiousness of construction and inference, if exercised by both governments, as may be done with equal right, would equally authorize both to claim all power, general and particular, and break up the foundations of the Union. Laws are made for men of ordinary understanding, and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties, which may make anything mean everything or nothing, at pleasure. It should be left to the sophisms of advocates, whose trade it is, to prove that a defendant is a plaintiff, though dragged into court, torto collo, like Bonaparte's volunteers, into the field in chains, or that a power has been given, because it ought to have been given, et alia talia. The States supposed that by their tenth amendment, they had secured themselves against constructive powers. They were not lessoned yet by Cohen's case, nor aware of the slipperiness of the eels of the law. I ask for no straining of words against the General Government, nor yet against the States. I believe the States can best govern our home concerns, and the General Government our foreign ones. I wish, therefore, to see maintained that wholesome distribution of powers established by the const.i.tution for the limitation of both; and never to see all offices transferred to Washington, where, further withdrawn from the eyes of the people, they may more secretly be bought and sold as at market.

But the Chief Justice says, "there must be an ultimate arbiter somewhere." True, there must; but does that prove it is either party? The ultimate arbiter is the people of the Union, a.s.sembled by their deputies in convention, at the call of Congress, or of two-thirds of the States. Let them decide to which they mean to give an authority claimed by two of their organs. And it has been the peculiar wisdom and felicity of our const.i.tution, to have provided this peaceable appeal, where that of other nations is at once to force.

I rejoice in the example you set of seriatim opinions. I have heard it often noticed, and always with high approbation. Some of your brethren will be encouraged to follow it occasionally, and in time, it may be felt by all as a duty, and the sound practice of the primitive court be again restored. Why should not every judge be asked his opinion, and give it from the bench, if only by yea or nay? Besides ascertaining the fact of his opinion, which the public have a right to know, in order to judge whether it is impeachable or not, it would show whether the opinions were unanimous or not, and thus settle more exactly the weight of their authority.

The close of my second sheet warns me that it is time now to relieve you from this letter of unmerciful length. Indeed, I wonder how I have accomplished it, with two crippled wrists, the one scarcely able to move my pen, the other to hold my paper. But I am hurried sometimes beyond the sense of pain, when unbosoming myself to friends who harmonize with me in principle. You and I may differ occasionally in details of minor consequence, as no two minds, more than two faces, are the same in every feature. But our general objects are the same, to preserve the republican form and principles of our const.i.tution and cleave to the salutary distribution of powers which that has established. These are the two sheet anchors of our Union. If driven from either, we shall be in danger of foundering. To my prayers for its safety and perpetuity, I add those for the continuation of your health, happiness, and usefulness to your country.

"RIVERS OF BLOOD MUST YET FLOW".

To John Adams Monticello, Sep. 4, 1823 1823090.

DEAR SIR, -- Your letter of Aug. 15. was recieved in due time, and with the welcome of every thing which comes from you. With it's opinions on the difficulties of revolutions, from despotism to freedom, I very much concur. The generation which commences a revolution can rarely compleat it. Habituated from their infancy to pa.s.sive submission of body and mind to their kings and priests, they are not qualified, when called on, to think and provide for themselves and their inexperience, their ignorance and bigotry make them instruments often, in the hands of the Bonapartes and Iturbides to defeat their own rights and purposes. This is the present situation of Europe and Spanish America. But it is not desperate. The light which has been shed on mankind by the art of printing has eminently changed the condition of the world. As yet that light has dawned on the midling cla.s.ses only of the men of Europe. The kings and the rabble of equal ignorance, have not yet recieved it's rays; but it continues to spread. And, while printing is preserved, it can no more recede than the sun return on his course. A first attempt to recover the right of self-government may fail; so may a 2d. a 3d. etc., but as a younger, and more instructed race comes on, the sentiment becomes more and more intuitive, and a 4th. a 5th. or some subsequent one of the ever renewed attempts will ultimately succeed. In France the 1st. effort was defeated by Robespierre, the 2d. by Bonaparte, the 3d. by Louis XVIII. and his holy allies; another is yet to come, and all Europe, Russia excepted, has caught the spirit, and all will attain representative government, more or less perfect. This is now well understood to be a necessary check on kings, whom they will probably think it more prudent to chain and tame, than to exterminate. To attain all this however rivers of blood must yet flow, and years of desolation pa.s.s over. Yet the object is worth rivers of blood, and years of desolation for what inheritance so valuable can man leave to his posterity? The spirit of the Spaniard and his deadly and eternal hatred to a Frenchman, gives me much confidence that he will never submit, but finally defeat this atrocious violation of the laws of G.o.d and man under which he is suffering; and the wisdom and firmness of the Cortes afford reasonable hope that that nation will settle down in a temperate representative government, with an Executive properly subordinated to that. Portugal, Italy, Prussia, Germany, Greece will follow suit. You and I shall look down from another world on these glorious atchievements to man, which will add to the joys even of heaven.

I observe your toast of Mr. Jay on the 4th. of July, wherein you say that the omission of his signature to the Declaration of Independance was by accident. Our impressions as to this fact being different, I shall be glad to have mine corrected, if wrong. Jay, you know, had been in constant opposition to our laboring majority. Our estimate, at the time, was that he, d.i.c.kinson and Johnson of Maryland by their ingenuity, perseverance and partiality to our English connection, had constantly kept us a year behind where we ought to have been in our preparations and proceedings. From about the date of the Virginia instructions of May 15. 76. to declare Independance Mr. Jay absented himself from Congress, and never came there again until Dec. 78. Of course he had no part in the discussions or decision of that question. The instructions to their delegates by the Convention of New York, then sitting, to sign the Declaration, were presented to Congress on the 15th. of Ju