TO MR. EZRA SARGEANT.
Monticello, February 3, 1812.
Sir,—Observing that you edit the Edinburgh Review, reprinted in New York, and presuming that your occupations in that line are not confined to that single work, I take the liberty of addressing the present letter to you. If I am mistaken, the obviousness of the inference will be my apology. Mr. Edward Livingston brought an action against me for having removed his intrusion on the beach of the river Mississippi opposite to New Orleans. At the request of my counsel I made a statement of the facts of the case, and of the law applicable to them, so as to form a full argument of justification. The case has been dismissed from court for want of jurisdiction, and the public remain uninformed whether I had really abused the powers entrusted to me, as he alleged. I wish to convey to them this information by publishing the justification. The questions arising in the case are mostly under the civil law, the laws of Spain and of France, which are of course couched in French, in Spanish, in Latin, and some in Greek; and the books being in few hands in this country, I was obliged to make very long extracts from them. The correctness with which your edition of the Edinburgh Review is printed, and of the passages quoted in those languages, induces me to propose to you the publication of the case I speak of. It will fill about 65 or 70 pages of the type and size of paper of the Edinburgh Review. The MS. is in the handwriting of this letter, entirely fair and correct. It will take between four and five sheets of paper, of sixteen pages each. I should want 250 copies struck off for myself, intended principally for the members of Congress, and the printer would be at liberty to print as many more as he pleased for sale, but without any copyright, which I should not propose to have taken out. It is right that I should add, that the work is not at all for popular reading. It is merely a law argument, and a very dry one; having been intended merely for the eye of my counsel. It may be in some demand perhaps with lawyers, and persons engaged in the public affairs, but very little beyond that. Will you be so good as to inform me if you will undertake to edit this, and what would be the terms on which you can furnish me with 250 copies? I should want it to be done with as little delay as possible, so that Congress might receive it before they separate; and I should add as a condition, that not a copy should be sold until I could receive my number, and have time to lay them on the desks of the members. This would require a month from the time they should leave New York by the stage. In hopes of an early answer I tender you the assurances of my respect.
Monticello, February 14, 1812.
Thomas Jefferson presents his compliments to Dr. Wheaton, and his thanks for the address he was so kind as to enclose him on the advancement in Medicine. Having little confidence in the theories of that art, which change in their fashion with the ladies' caps and gowns, he has much in the facts it has established by observation. The experience of physicians has proved that in certain forms of disease, certain substances will restore order to the human system; and he doubts not that continued observation will enlarge the catalogue, and give relief to our posterity in cases wherein we are without it. The extirpation of the small pox by vaccination, is an encouraging proof that the condition of man is susceptible of amelioration, although we are not able to fix its extent. He salutes Dr. Wheaton with esteem and respect.
TO MR. CHARLES CHRISTIAN.
Monticello, March 21, 1812.
Sir,—I have duly received your favor of the 10th inst. proposing to me to join in a contribution for the support of the family of the late Mr. Cheetham of New York. Private charities, as well as contributions to public purposes in proportion to every one's circumstances, are certainly among the duties we owe to society, and I have never felt a wish to withdraw from my portion of them. The general relation in which I, some time since, stood to the citizens of all our States, drew on me such multitudes of these applications as exceeded all resource. Nor have they much abated since my retirement to the limited duties of a private citizen, and the more limited resources of a private fortune. They have obliged me to lay down as a law of conduct for myself, to restrain my contributions for public institutions to the circle of my own State, and for private charities to that which is under my own observation; and these calls I find more than sufficient for everything I can spare. Nor was there anything in the case of the late Mr. Cheetham, which could claim with me to be taken out of a general rule. On these considerations I must decline the contribution you propose, not doubting that the efforts of the family, aided by those who stand in the relation to them of neighbors and friends, in so great a mart for industry as they are placed in, will save them from all danger of want or suffering. With this apology for returning the paper sent me, unsubscribed, be pleased to accept the tender of my respect.
TO MR. VANDER KEMP.
Monticello, March 22, 1812.