TO THE SECRETARY OF STATE.
Monticello, September 22, 1810.
Dear Sir,—I have wanted the occasion of the present enclosure to perform the duty of my thanks for the kind communication of papers from your office in the question between Livingston and myself. These have mainly enabled me to give a correct statement of facts. I deferred proceeding to a particular consideration of the case in hopes of the aid of Moreau's Memoire, which I have understood to be the ablest which has been written. But I was at length forced to proceed without it, my counsel informing me they were ruled to plead, and must therefore know the grounds of defence. You will see what I have made of it by the enclosed, which I forward in the hope you will consider and correct it. I have done this the rather because I presume all my fellow laborers feel an interest in what all approved, and because I think I should urge nothing which they disapprove. Will you then do me the favor to put on paper such corrections as you would advise, and forward them to me, handing on the enclosed paper at the same time to Mr. Rodney? I wrote him by this post that he may expect it from you, and I ask the same favor of correction from him, and above all to delay as little as possible, because time presses to give to this paper its ultimate form. My counsel press me earnestly not to let the topics of defence get out, so as to be known to the adversary. Although I know Congress will be strongly urged, yet I hope they will take no measure which may impress a jury unfavorably, by inferences not intended. And were the case to be thought to belong to the public, still I believe it better they should let it come on, on the footing of a private action. I pray you to be assured of my constant affection and respect.
September 26th. Sent a P. S. verbatim, the same as that to Mr. Rodney.