At length, then, we have a chance of getting a republican majority in the Supreme Judiciary. For ten years has that branch braved the spirit and will of the nation, after the nation had manifested its will by a complete reform in every branch depending on them. The event is a fortunate one, and so timed as to be a God-send to me. I am sure its importance to the nation will be felt, and the occasion employed to complete the great operation they have so long been executing, by the appointment of a decided republican, with nothing equivocal about him. But who will it be? The misfortune of Bidwell removes an able man from the competition. Can any other bring equal qualifications to those of Lincoln? I know he was not deemed a profound common lawyer; but was there ever a profound common lawyer known in any of the Eastern States? There never was, nor never can be one from those States. The basis of their law is neither common nor civil; it is an original, if any compound can so be called. Its foundation seems to have been laid in the spirit and principles of Jewish law, incorporated with some words and phrases of common law, and an abundance of notions of their own. This makes an amalgam sui generis, and it is well known that a man, first and thoroughly initiated into the principles of one system of law, can never become pure and sound in any other. Lord Mansfield was a splendid proof of this. Therefore, I say, there never was, nor can be a profound common lawyer from those States. Sullivan had the reputation of preëminence there as a common lawyer. But we have his history of land titles, which gives us his measure. Mr. Lincoln is, I believe, considered as learned in their laws as any one they have. Federalists say that Parsons is better. But the criticalness of the present nomination puts him out of question. As the great mass of the functions of the new judge are to be performed in his own district, Lincoln will be most unexceptionable and acceptable there; and on the supreme bench equal to any one who can be brought from thence; add to this his integrity, political firmness and unimpeachable character, and I believe no one can be found to whom there will not be more serious objections.
You seem to think it would be best to ascertain the probable result before making a proposition to Congress to defend Livingston's suit. On mature consideration I think it better that no such proposition should be made. The debates there would fix the case as a party one, and we are the minority in the judiciary department, and especially in the federal branch of it here. Till Congress can be thoroughly put in possession of all the points in the case, it is best they should let it lie. Livingston, by removing it into the Judiciary, has fairly relinquished all claims on their interference. I am confident that Congress will act soundly, whenever we can give them a knowledge of the whole case. But I tire you with this business, and end therefore with repeating assurances of my constant attachment and respect.
TO CAPTAIN ISAAC HILLARD.
Monticello, October 9, 1810.
Sir,—I duly received your letter of September 10th, and return you thanks for that and the pamphlet you were so kind as to enclose me. The health you enjoy at so good an old age, and the strength of mind evidenced in your pamphlet, are subjects of congratulation to yourself and of thankfulness to him who gives them. I am sorry that a professor of religion should have given occasion for such a censure. It proves he has much to conquer in his own uncharitableness, and that it is not from him his flock are to learn not to bear false witness against their neighbor. But as to so much of his pulpit philippic as concerns myself I freely forgive him; for I feel no falsehood and fear no truth. That you may long continue to enjoy health, happiness and a sound mind, is my sincere prayer.
TO COLONEL DUANE.
Monticello, November 13, 1810.
Dear Sir,—Your third packet is received before the second had been returned. It is now enclosed, and the other shall go by the next post. I find, as before, nothing to correct but those errors of the copyist which you would have corrected yourself before committed to the press. If it were practicable to send me the original sheets with the translated, perhaps my equal familiarity with both languages might enable me sometimes to be of some advantage; but I presume that might be difficult, and of little use, scarcely perhaps of any. I thank you for the copy of Williams. I have barely dipped into it a little. Enough, however, to see he is far short of the luminous work you are printing. Indeed I think that the most valuable work of the present age. I received from Williams, some years ago, his book on the claims of authors. I found him to be a man of sound and true principles, but not knowing how to go at them, and not able to trace or develop them for others. I believe with you that the crisis of England is come. What will be its issue it is vain to prophesy; so many thousand contingencies may turn up to affect its direction. Were I to hazard a guess, it would be that they will become a military despotism. Their recollections of the portion of liberty they have enjoyed will render force necessary to retain them under pure monarchy. Their pressure upon us has been so severe and so unprincipled, that we cannot deprecate their fate, though we might wish to see their naval power kept up to the level of that of the other principal powers separately taken. But may it not take a very different turn? Her paper credit annihilated, the precious metals must become her circulating medium. The taxes which can be levied on her people in these will be trifling in comparison with what they could pay in paper money; her navy then will be unpaid, unclothed, unfed. Will such a body of men suffer themselves to be dismissed and to starve? Will they not mutiny, revolt, embody themselves under a popular Admiral, take possession of Western and Bermuda islands, and act on the Algerine system? If they should not be able to act on this broad scale, they will become individual pirates; and the modern Carthage will end as the old one has done. I am sorry for her people, who are individually as respectable as those of other nations—it is her government which is so corrupt, and which has destroyed the nation—it was certainly the most corrupt and unprincipled government on earth. I should be glad to see their farmers and mechanics come here, but I hope their nobles, priests, and merchants will be kept at home to be moralized by the discipline of the new government. The young stripling whom you describe is, probably, as George Nicholas used to say, "in the plenitude of puppyism." Such coxcombs do not serve even as straws to show which way the wind blows. Alexander is unquestionably a man of an excellent heart, and of very respectable strength of mind; and he is the only sovereign who cordially loves us. Bonaparte hates our government because it is a living libel on his. The English hate us because they think our prosperity filched from theirs. Of Alexander's sense of the merits of our form of government, of its wholesome operation on the condition of the people, and of the interest he takes in the success of our experiment, we possess the most unquestionable proofs; and to him we shall be indebted if the rights of neutrals, to be settled whenever peace is made, shall be extended beyond the present belligerents; that is to say, European neutrals, as George and Napoleon, of mutual consent and common hatred against us, would concur in excluding us. I thought it a salutary measure to engage the powerful patronage of Alexander at conferences for peace, at a time when Bonaparte was courting him; and although circumstances have lessened its weight, yet it is prudent for us to cherish his good dispositions, as those alone which will be exerted in our favor when that occasion shall occur. He, like ourselves, sees and feels the atrociousness of both the belligerents. I salute you with great esteem and respect.
TO MR. JAMES RONALDSON.
Monticello, December 3, 1810.