I close this long letter with assurances of my great esteem and respect.
TO ALBERT GALLATIN, ESQ.
Monticello, August 16, 1810.
Dear Sir,—Yours of July 14th, with the welcome paper it covered, has been most thankfully received. I had before received from your office and that of State, all the printed publications on the subject of the batture, that is to say, the opinion of the Philadelphia lawyers and of G. Livingston himself, the publications of Derbigny, Thierry, Poydras, and the pièces probantes. I had been very anxious to get Moreau's memoire, which is only in manuscript, having heard it was the best of all. After waiting long and in vain for it, I was informed by my counsel that they were ruled to plead, and must be furnished with the grounds of defence. I was obliged, therefore, to take up the subject—had got through it and put it into the hands of Mr. Hay, when the observations you were so kind as to furnish, came to hand. Although it was too late to give to everything its shape which these, at an earlier stage, might have suggested, I was still enabled to avail myself of them usefully. The question of the chancery jurisdiction of the Orleans judges had particularly escaped me, and entirely. When Mr. Hay returned the paper therefore, I was enabled, by re-copying a sheet or two at the close, to introduce this question in its proper place. I had also, till then, been uninformed of the circumstances under which Bertrand Gravier left France, and therefore had not been aware of the reasons for which John Gravier had chosen to come in by purchase. This information enabled me to extend and strengthen much of what I had before said on that subject; and by interleaving and recopying a part, to get that also into its proper place. On the whole, you will see, with the benefit of these amendments, what I had conceived to be a true statement of the fact and law of the case. But the paper is very voluminous, and I could not shorten it. It is now in the hands of the President, who will enclose it to you by the same post which carries this; when you shall have perused it, be so good as to re-enclose it to me, as I wish to submit it to our other fellow-laborers, after such amendments as Mr. Madison and yourself will be so good as to suggest. I wish the ground I take to meet all your approbations. The uninformed state in which the debates of the last session proved Congress to be, as to this case, makes me fear they may, at the next, under the intrigues and urgency of Livingston, be induced to take some step which might have an injurious effect on the opinion of a jury. I think, therefore, to ask a member or two of each house to read this statement, merely to make themselves masters of the subject, and be enabled to prevent any unfavorable interference of Congress. Perhaps, if they see the case in the light I do, they may think of doing more—of having the Attorney General desired to attend to the case as of public concern: for really it is so. I have no concern at all in maintaining the title to the batture. It would be totally unnecessary for me to employ counsel to go into the question at all for my own defence. That is solidly built on the simple fact, that if I were in error, it was honest, and not imputable to that gross and palpable corruption or injustice which makes a public magistrate responsible to a private party. I know that even a federal jury could not find a verdict against me on this head. But I go fully into the question of title, because our characters are concerned in it, and because it involves a most important right of the citizens, and one which, if decided against them, would be a precedent of incalculable evil. The detention, too, has been so long the act of Congress itself, that for this reason I have supposed they might think it entitled to their attention, and direct the Attorney General to take care of the public interest in it, as has lately been done by the House of Commons, in the action of Sir Francis Burdett against their Speaker. But on this subject I wish to be advised by yourself and my other friends, rather than trust to my own judgment, too likely to be under bias. If I send the case to be perused by two or three members, it will be under a strong injunction not to let its contents get into other hands, my counsel having strongly advised against apprizing them of the topics of defence, as well from apprehensions of subornation of witnesses as to material facts, as from other considerations. Pray advise me on this head. My counsel are Hay, Wist and Janewell.
I have seen with infinite grief the set which is made at you in the public papers, and with the more as my name has been so much used in it. I hope we both know one another too well to receive impression from circumstances of this kind. A twelve years' intimate and friendly intercourse must be better evidence to each of the dispositions of the other than the letters of foreign ministers to their courts, or tortured influences from facts true or false. I have too thorough a conviction of your cordial good will towards me, and too strong a sense of the faithful and able assistance I received from you, to relinquish them on any evidence but of my own senses. With entire faith in your assurance of these truths, I shall add those only of my constant affection and high respect.
TO COLONEL WM. DUANE.
Monticello, September 16, 1810.
Dear Sir,—Your favor of August 17th arrived the day after I had left this place on a visit to one I have near Lynchburg, from whence I am but lately returned. The history of England you describe is precisely Baxter's, of which I wrote you; and if you compare him with Hume, you will find the text preserved verbatim, with particular exceptions only. The French work will accompany this letter. Since writing to you I have gone over the whole, and can assure you it is the most valuable political work of the present age. In some details we all may differ from him or from one another, but the great mass of the work is highly sound. Its title would be "A Commentary on Montesquieu's Spirit of Laws;" perhaps the words "and Review" might be inserted at the——. Helvetius' letter on the same work should be annexed, if it can possibly be procured. It was contained in a late edition of the works of Helvetius published by the Abbé de la Roche. Probably that edition might be found. I never before heard of Williams' lectures on Montesquieu, but I am glad to hear of everything which reduces that author to his just level, as his predilection for monarchy, and the English monarchy in particular, has done mischief everywhere, and here also, to a certain degree. With respect to the Notes on Virginia, I do contemplate some day the making additions and corrections to them; but I am inclined to take the benefit of my whole life to make collections and observations, and let the editing them be posthumous. The anecdote respecting the paper put into my hands by Dr. Franklin has not been handed to you with entire correctness. I returned from France in December 1789, and in March following I went on to New York to take the post assigned me in the new government. On my way through Philadelphia I called on Dr. Franklin, who was then confined to his bed. As the revolution had then begun, indeed was supposed to be closed by the completion of a constitution, and he was anxious to know the part all his acquaintances had taken, he plied me with questions for an hour or two with a vivacity and earnestness which astonished me. When I had satisfied his inquiries, I observed to him that I had heard, and with great pleasure, that he had began the history of his own life, and had brought it down to the revolution, (for so I had heard while in Europe.) "Not exactly so," said he, "but I will let you see the manner in which I do these things." He then desired one of his small grand-children who happened to be in the room, to bring him such a paper from the table. It was brought, and he put it into my hands and said, "there, put that into your pocket and you will see the manner of my writing." I thanked him and said "I should read it with great pleasure, and return it to him safely." "No," said he, "keep it." I took it with me to New York. It was, as well as I recollect, about a quire of paper, in which he had given, with great minuteness, all the details of his negotiations (informal) in England, to prevent their pushing us to extremities. These were chiefly through Lord Howe and a lady, I think the sister of Lord Howe, but of this I am not certain; but I remember noting the particulars of her conversation as marking her as a woman of very superior understanding. He gave all the conversations with her and Lord Howe, and all the propositions he passed through them to their minister, the answers and conversations with the minister reported through them, his endeavors used with other characters, whether with the ministers directly I do not recollect; but I remember well that it appeared distinctly from what was brought to him from the ministers, that the real obstacle to their meeting the various overtures he made was the prospect of great confiscations to provide for their friends, and that this was the real cause of the various shiftings and shufflings they used to evade his propositions. Learning, on his death, which happened soon after, that he had bequeathed all his unpublished writings to his grandson, W. T. Franklin, with a view to the emolument he might derive from their publication, I thought this writing was fairly his property, and notified to him my possession of it, and that I would deliver it to his order. He soon afterwards called on me at New York, and I delivered it to him. He accepted it, and, while putting it into his pocket, observed that his grandfather had retained another copy which he had found among his papers. I did not reflect on this till suspicions were circulated that W. T. F. had sold these writings to the British Minister. I then formed the belief that Dr. Franklin had meant to deposit this spare copy with me in confidence that it would be properly taken care of, and sincerely repented the having given it up; and I have little doubt that this identical paper was the principal object of the purchase by the British government, and the unfortunate cause of the suppression of all the rest. I do not think I have any interesting papers or facts from Dr. Franklin. Should any occur at any time, I will communicate them freely, nobody wishing more ardently that the public could be possessed of everything that was his or respected him, believing that a greater or better character has rarely existed. I am happy to learn that his blood shows itself in the veins of the two of his great grandchildren whom you mention. But I should think medicine the best profession for a genius resembling his, as that of the elder is supposed to do. I have received information of Pestalozzi's mode of education from some European publications, and from Mr. Keefe's book which shows that the latter possesses both the talents and the zeal for carrying it into effect. I sincerely wish it success, convinced that the information of the people at large can alone make them the safe, as they are the sole depository of our political and religious freedom. The idea of antimony in this neighborhood is, I believe, without foundation. Some twenty or thirty years ago a mineral was found about ten miles from this place, which one of those idle impostors, who call themselves mine-hunters, persuaded the proprietor was gold ore. The poor man lost a crop in digging after it. After fruitless assays of the mineral, some other person, knowing as little of the matter, fancied it must be antimony. A third idea was that it was black lead. It was abandoned, and the mine hole filled up, nor can we at this day hear of any piece of the mineral in possession of any one.
You say in your letter that you will send me the proofs of the commentary on Montesquieu for revisal. It is only the translation I should wish to revise. I feel myself answerable to the author for a correct publication of his ideas. The translated sheets may come by post as they are finished off; they shall be promptly returned, the originals coming with them. Accept the assurances of my esteem and respect.