I well knew that in certain federal cases the laws of the United States had given to a foreign party, whether plaintiff or defendant, a right to carry his cause into the federal court; but I did not know that where he had himself elected the State judicature, he could, after an unfavorable decision there, remove his case to the federal court, and thus take the benefit of two chances where others have but one; nor that the right of entertaining the question in this case had been exercised, or claimed by the federal judiciary after it had been postponed on the party's first election. His failure, too, to place on the record the particular ground which might give jurisdiction to the federal court, appears to me an additional objection of great weight. The question is of the first importance. The removal of it seems to be out of the analogies which guide the two governments on their separate tracts, and claims the solemn attention of both judicatures, and of the nation itself. I should fear to make up a final opinion on it, until I could see as able a development of the grounds of the federal claim as that which I have now read against it. I confess myself unable to foresee what those grounds would be. The paper enclosed must call them forth, and silence them too, unless they are beyond my ken. I am glad, therefore, that the claim is arrested, and made the subject of special and mature deliberation. I hope our courts will never countenance the sweeping pretensions which have been set up under the words "general defence and public welfare." These words only express the motives which induced the Convention to give to the ordinary legislature certain specified powers which they enumerate, and which they thought might be trusted to the ordinary legislature, and not to give them the unspecified also; or why any specification? They could not be so awkward in language as to mean, as we say, "all and some." And should this construction prevail, all limits to the federal government are done away. This opinion, formed on the first rise of the question, I have never seen reason to change, whether in or out of power; but, on the contrary, find it strengthened and confirmed by five and twenty years of additional reflection and experience: and any countenance given to it by any regular organ of the government, I should consider more ominous than anything which has yet occurred.
I am sensible how much these slight observations, on a question which you have so profoundly considered, need apology. They must find this in my zeal for the administration of our government according to its true spirit, federal as well as republican, and in my respect for any wish which you might be supposed to entertain for opinions of so little value. I salute you with sincere and high respect and esteem.
TO CAPT. A. PARTRIDGE OF THE CORPS OF ENGINEERS, WEST POINT, NEW YORK.
Monticello, October 12, 1815.
Sir,—I thank you for the statement of altitudes, which you have been so kind as to send me of our northern mountains. It came opportunely, as I was about making inquiries for the height of the White Mountains of New Hampshire, which have the reputation of being the highest in our maritime States, and purpose shortly to measure geometrically the height of the Peaks of Otter, which I suppose the highest from their base, of any on the east side of the Mississippi, except the White Mountains, and not far short of their height, if they are but of 4,885 feet. The method of estimating heights by the barometer, is convenient and useful, as being ready, and furnishing an approximation to truth. Of what degree of accuracy it is susceptible we know not as yet; no certain theory being established for ascertaining the density and weight of that portion of the column of atmosphere contiguous to the mountain; from the weight of which, nevertheless, we are to infer the height of the mountain. The most plausible seems to be that which supposes the mercury of barometer divided into horizontal lamina of equal thickness; and a similar column of the atmosphere into lamina of equal weights. The former divisions give a set of arithmetical, the latter of geometrical progressionals, which being the character of Logarithms and their numbers, the tables of these furnish ready computations, needing, however, the corrections which the state of the thermometer calls for. It is probable that in taking heights in the vicinity of each other in this way, there may be no considerable error, because the passage between them may be quick and repeated. The height of a mountain from its base, thus taken, merits, therefore, a very different degree of credit from that of its height above the level of the sea, where that is distant. According, for example, to the theory above mentioned, the height of Monticello from its base is 580 feet, and its base 610 feet 8 inches, above the level of the ocean; the former, from other facts, I judge to be near the truth; but a knowledge of the different falls of water from hence to the tide-water at Richmond, a distance of seventy-five miles, enables us to say that the whole descent to that place is but 170 or 180 feet. From thence to the ocean may be a distance of one hundred miles; it is all tide-water, and through a level country. I know not what to conjecture as the amount of descent, but certainly not 435 feet, as that theory would suppose, nor the quarter part of it. I do not know by what rule General Williams made his computations; he reckons the foot of the Blue Ridge, twenty miles from here, but 100 feet above the tide-water at Richmond. We know the descent, as before observed, to be at least 170 feet from hence, to which is to be added that from the Blue Ridge to this place, a very hilly country, with constant and great waterfalls. His estimate, therefore, must be much below truth. Results so different prove that for distant comparisons of height, the barometer is not to be relied on according to any theory yet known. While, therefore, we give a good degree of credit to the results of operations between the summit of a mountain and its base, we must give less to those between its summit and the level of the ocean.
I will do myself the pleasure of sending you my estimate of the Peaks of Otter, which I count on undertaking in the course of the next month. In the meantime accept the assurance of my great respect.
TO DOCTOR LOGAN.
Monticello, October 15,1815.
Dear Sir,—I thank you for the extract in yours of August 16th respecting the Emperor Alexander. It arrived here a day or two after I had left this place, from which I have been absent seven or eight weeks. I had from other information formed the most favorable opinion of the virtues of Alexander, and considered his partiality to this country as a prominent proof of them. The magnanimity of his conduct on the first capture of Paris still magnified everything we had believed of him; but how he will come out of his present trial remains to be seen. That the sufferings which France had inflicted on other countries justified severe reprisals, cannot be questioned; but I have not yet learned what crimes of Poland, Saxony, Belgium, Venice, Lombardy and Genoa, had merited for them, not merely a temporary punishment, but that of permanent subjugation and a destitution of independence and self-government. The fable of Æsop of the lion dividing the spoils, is, I fear, becoming true history, and the moral code of Napoleon and the English government a substitute for that of Grotius, of Puffendorf, and even of the pure doctrine of the great author of our own religion. We were safe ourselves from Bonaparte, because he had not the British fleets at his command. We were safe from the British fleets, because they had Bonaparte at their back; but the British fleets and the conquerors of Bonaparte being now combined, and the Hartford nation drawn off to them, we have uncommon reason to look to our own affairs. This, however, I leave to others, offering prayers to heaven, the only contribution of old age, for the safety of our country. Be so good as to present me affectionately to Mrs. Logan, and to accept yourself the assurance of my esteem and respect.