TO JUDGE COOPER.
Monticello, August 6, 1810.
Dear Sir,—The tardiness of acknowledging the receipt of your favor of May 10th will I fear induce a presumption that I have been negligent of its contents, but I assure you I lost not a moment in endeavoring to fulfil your wishes in procuring a good geological correspondent in this State. I could not offer myself, because of all the branches of science it was the one I had the least cultivated. Our researches into the texture of our globe could be but so superficial, compared with its vast interior construction, that I saw no safety of conclusion from the one, as to the other; and therefore have pointed my own attentions to other objects in preference, as far as a heavy load of business would permit me to attend to anything else. Looking about, therefore, among my countrymen for some one who might answer your views, I fixed on Mr. Joseph C. Cabell, not long since returned from France, where he had attended particularly to chemistry, and had also attended Mr. Maclure in some of his geological expeditions, as best qualified. I wrote to him; unfortunately he was from home, and did not return till the latter end of July. I received his answer since our last post only. A diffidence in his qualifications to be useful to you, has induced him to decline the undertaking, having, as he assures me, paid no particular attention to that branch of science. I have in vain looked over our State for some other person who might contribute to your views. As yet I can think of nobody; and whatever may be the result of further inquiry, I have thought I ought not longer to delay informing you of my unsuccessful efforts so far. Should I be able to find a subject worthy of your correspondence, I shall not fail to engage him in it, and to give you notice. I thank you for the case of Dempsy v. the Insurers, which I have read with great pleasure, and entire conviction. Indeed it is high time to withdraw all respect from courts acting under the arbitrary orders of governments who avow a total disregard to those moral rules which have hitherto been acknowledged by nations, and have served to regulate and govern their intercourse. I should respect just as much the rules of conduct which governed Cartouche or Blackbeard, as those now acted on by France or England. If your argument is defective in anything, it is in having paid to the antecedent decisions of the British courts of Admiralty, the respect of examining them on grounds of reason; and the not having rested the decision at once on the profligacy of those tribunals, and openly declared against permitting their sentences to be ever more quoted or listened to until those nations return to the practice of justice, to an acknowledgment that there is a moral law which ought to govern mankind, and by sufficient evidences of contrition for their present flagitiousness, make it safe to receive them again into the society of civilized nations. I hope this will still be done on a proper occasion. Yet knowing that religion does not furnish grosser bigots than law, I expect little from old judges. Those now at the bar may be bold enough to follow reason rather than precedent and may bring that principle on the bench when promoted to it; but I fear this effort is not for my day. It has been said that when Harvey discovered the circulation of the blood, there was not a physician of Europe of forty years of age, who ever assented to it. I fear you will experience Harvey's fate. But it will become law when the present judges are dead. Wishing you health and happiness at all times, accept the assurances of my constant and great esteem and respect.