TO P. N. NICHOLAS.
Philadelphia, April 7, 1800.
Dear Sir,—It is too early to think of a declaratory act as yet, but the time is approaching and not distant. Two elections more will give us a solid majority in the House of Representatives, and a sufficient one in the Senate. As soon as it can be depended on, we must have "a Declaration of the principles of the Constitution" in nature of a Declaration of rights, in all the points in which it has been violated. The people in the middle States are almost rallied to Virginia already; and the eastern States are commencing the vibration which has been checked by X. Y. Z. North Carolina is at present in the most dangerous state. The lawyers all tories, the people substantially republican, but uninformed and deceived by the lawyers, who are elected of necessity because few other candidates. The medicine for that State must be very mild and secretly administered. But nothing should be spared to give them true information. I am, dear Sir, yours affectionately.
TO E. LIVINGSTON, ESQ.
Philadelphia, April 30, 1800.
Dear Sir,—I received with great pleasure your favor of the 11th instant. By this time I presume the result of your labors is known with you, though not here. Whatever it may be, and my experience of the art, industry, and resources of the other party has not permitted me to be prematurely confident, yet I am entirely confident that ultimately the great body of the people are passing over from them. This may require one or two elections more; but it will assuredly take place. The madness and extravagance of their career is what ensures it. The people through all the States are for republican forms; republican principles, simplicity, economy, religious and civil freedom.
I have nothing to offer you but Congressional news. The Judiciary bill is postponed to the next session; so the Militia; so the Military Academy. The bill for the election of the President and Vice President has undergone much revolution. Marshall made a dexterous manœuvre; he declares against the constitutionality of the Senate's bill, and proposed that the right of decision of their grand committee should be controllable by the concurrent votes of the two houses of Congress; but to stand good if not rejected by a concurrent vote. You will readily estimate the amount of this sort of control. The Committee of the House of Representatives, however, took from the Committee the right of giving any opinion, requiring them to report facts only, and that the votes returned by the States should be counted, unless reported by a concurrent vote of both houses. In what form it will pass them or us, cannot be foreseen. Our Jury bill in Senate will pass so as merely to accommodate New York and Vermont. The House of Representatives sent us yesterday a bill for incorporating a company to work Roosewell's copper mines in New Jersey. I do not know whether it is understood that the Legislature of Jersey was incompetent to this, or merely that we have concurrent legislation under the sweeping clause. Congress are authorized to defend the nation. Ships are necessary for defence; copper is necessary for ships; mines necessary for copper; a company necessary to work mines; and who can doubt this reasoning who has ever played at "This is the House that Jack built?" Under such a process of filiation of necessities the sweeping clause makes clean work. We shall certainly rise on the 12th. There is nothing to do now but to pass the Ways and Means, and to settle some differences of opinion of the two houses on the Georgia bill, the bill for dividing the North-Western Territory, and that for the sale of the Western lands. Salutations and affectionate esteem. Adieu.
TO JAMES MADISON.
Philadelphia, May 12, 1800.
Dear Sir,—Congress will rise to-day or to-morrow. Mr. Nicholas proposing to call on you, you will get from him the Congressional news. On the whole, the federalists have not been able to carry a single strong measure in the lower House the whole session. When they met, it was believed they had a majority of twenty; but many of these were new and moderate men, and soon saw the true character of the party to which they had been well disposed while at a distance. This tide, too, of public opinion sets so strongly against the federal proceedings, that this melted off their majority, and dismayed the heroes of the party. The Senate alone remained undismayed to the last. Firm to their purpose, regardless of public opinion, and more disposed to coerce than to court it, not a man of their majority gave way in the least; and on the election bill they adhered to John Marshall's amendment, by their whole number; and if there had been a full Senate, there would have been but eleven votes against it, which include H. Marshall, who has voted with the republicans this session. * * * * *