TO GOVERNOR TYLER.
Monticello, May 26, 1810.
Dear Sir,—Your friendly letter of the 12th has been duly received. Although I have laid it down as a law to myself, never to embarrass the President with my solicitations, and have not till now broken through it, yet I have made a part of your letter the subject of one to him, and have done it with all my heart, and in the full belief that I serve him and the public in urging that appointment. We have long enough suffered under the base prostitution of law to party passions in one judge, and the imbecility of another. In the hands of one the law is nothing more than an ambiguous text, to be explained by his sophistry into any meaning which may subserve his personal malice. Nor can any milk-and-water associate maintain his own dependence, and by a firm pursuance of what the law really is, extend its protection to the citizens or the public. I believe you will do it, and where you cannot induce your colleague to do what is right, you will be firm enough to hinder him from doing what is wrong, and by opposing sense to sophistry, leave the juries free to follow their own judgment.
I have long lamented with you the depreciation of law science. The opinion seems to be that Blackstone is to us what the Alcoran is to the Mahometans, that everything which is necessary is in him, and what is not in him is not necessary. I still lend my counsel and books to such young students as will fix themselves in the neighborhood. Coke's institutes and reports are their first, and Blackstone their last book, after an intermediate course of two or three years. It is nothing more than an elegant digest of what they will then have acquired from the real fountains of the law. Now men are born scholars, lawyers, doctors; in our day this was confined to poets. You wish to see me again in the legislature, but this is impossible; my mind is now so dissolved in tranquillity, that it can never again encounter a contentious assembly; the habits of thinking and speaking off-hand, after a disuse of five and twenty years, have given place to the slower process of the pen. I have indeed two great measures at heart, without which no republic can maintain itself in strength. 1. That of general education, to enable every man to judge for himself what will secure or endanger his freedom. 2. To divide every county into hundreds, of such size that all the children of each will be within reach of a central school in it. But this division looks to many other fundamental provisions. Every hundred, besides a school, should have a justice of the peace, a constable and a captain of militia. These officers, or some others within the hundred, should be a corporation to manage all its concerns, to take care of its roads, its poor, and its police by patroles, &c., (as the select men of the Eastern townships.) Every hundred should elect one or two jurors to serve where requisite, and all other elections should be made in the hundreds separately, and the votes of all the hundreds be brought together. Our present Captaincies might be declared hundreds for the present, with a power to the courts to alter them occasionally. These little republics would be the main strength of the great one. We owe to them the vigor given to our revolution in its commencement in the Eastern States, and by them the Eastern States were enabled to repeal the embargo in opposition to the Middle, Southern and Western States, and their large and lubberly division into counties which can never be assembled. General orders are given out from a centre to the foreman of every hundred, as to the sergeants of an army, and the whole nation is thrown into energetic action, in the same direction in one instant and as one man, and becomes absolutely irresistible. Could I once see this I should consider it as the dawn of the salvation of the republic, and say with old Simeon, "nune dimittas Domine." But our children will be as wise as we are, and will establish in the fulness of time those things not yet ripe for establishment. So be it, and to yourself health, happiness and long life.
TO HIS EXCELLENCY, COUNT PAHLEN, ENVOY EXTRAORDINARY AND MINISTER PLENIPOTENTIARY OF RUSSIA.
Monticello, July 13, 1810.
Sir,—I have been honored with your letter of the 25th ult., and have to return you my thanks for those of Madame de Tessé and General Lafayette, and for the print of Baron Humboldt, all of which are come safely to hand, and present to me the proofs and recollections of their much-valued friendships. To these acknowledgments, permit me to add my congratulations on your safe arrival in the United States, after journeys and voyages which, from their length, cannot have been pleasant. If, after this, it shall be found that a change of twenty degrees of latitude shall have no unfavorable influence on your health, it will furnish double cause of felicitation.
I am much flattered by the kind notice of the Emperor, which you have been so obliging as to communicate to me. The approbation of the good is always consoling; but that of a sovereign whose station and endowments are so pre-eminent, is received with the sensibility which the veneration for his character inspires. Among other motives of commiseration which the calamities of Europe cannot fail to excite in every virtuous mind, the interruption which these have given to the benevolent views of the Emperor is prominent. The accession of a sovereign, with the dispositions and qualifications to improve the condition of a great nation, and to place its happiness on a permanent basis, is a phenomenon so rare in the annals of mankind, that, when the blessing occurs, it is lamentable that any portion of it should be usurped by occurrences of the character of those we have seen. If, separated from these scenes by an ocean of a thousand leagues breadth, they have required all our cares to keep aloof from their desolating effects, I can readily conceive how much more they must occupy those to whose territories they are contiguous.
That the Emperor may be able, whenever a pacification takes place, to show himself the father and friend of the human race, to restore to nations the moral laws which have governed their intercourse, and to prevent, forever, a repetition of those ravages by sea and land, which will distinguish the present as an age of Vandalism, I sincerely pray.
I consider as a happy augury, the choice which the Emperor has made of a person to reside near our government, so distinguished by his dispositions and qualifications to cherish the friendship and the interests of both nations. With my best wishes that your residence among us may be rendered entirely agreeable, and be accompanied with the blessing of health, accept the assurances of my great respect and consideration.