[Page 2], column 2, 1. 48 to 29 from the bottom, "he [Mr. J.] admits in his account rendered in 1790 and settled in 1792, that he had received the 'cash,' [placing the word cash between inverted commas to have it marked particularly as a quotation] that he had received the 'cash' for the bill in question, and he does not directly deny it now. Will he, can he, in the face of his own declaration in writing to the contrary, publicly say that he did not receive the money for this bill in Europe? This is the point on which the whole matter rests, the pivot on which the arguments turn. If he did receive the money in Europe, (no matter whether at Cowes or at Paris,) he certainly had no right to receive it a second time from the public treasury of the United States. This is admitted I believe on all sides. Now, that he did receive the money in Europe on this bill, is proved by the acknowledgment of the receiver himself, who credits the amount in his account as settled at the treasury thus: "cash received of Grand for bill on Willincks, Van Staphorsts, 2,876 gilders, 1,148 dollars."
Col. 3, 1. 28 to 21 from bottom. There is a plain difference in the phraseology of the account, from which an extract is given by Mr. J. as above, and that which he rendered to the Treasury. In the former he gives the credit thus, "By my bills on Willincks," &c. In the latter he states, "By cash received of Grand for bill on Willincks, &c." There is a difference, indeed, as he states it, but it is made solely by his own interpolation.
Col. 3, 1. 8, from bottom. "That Mr. Jefferson should, in the very teeth of the facts of the evidence before us, and in his own breast, gravely say that he had paid the money for this bill, and that therefore it was but just to return him the amount of it, when he had, by his own acknowledgment, sent it to Grand & Co., and received the money for it, is, I confess, not only matter of utter astonishment but regret." I spare myself the qualifications which these paragraphs may merit, leaving them to be applied by every reader according to the feelings they may excite in his own breast.
He proceeds: "And now to place this case beyond the reach of cavil or doubt, and to show most conclusively that he had negotiated this bill in Europe, and received the cash for it there, and that such was the understanding of the matter at the treasury in 1809, when he received the money." These are his own words. Col. 4, he brings forward the overwhelming fact "not hitherto made public but stated from the most creditable and authentic source, that one of the accounting officers of the treasury suggested in writing the propriety of taking bond and security from Mr. J., for indemnification of the United States against any future claim on this bill. But it seems the bond was not taken, and the government is now liable in law, and in good faith for the payment of this bill to the rightful owner." How this suggestion of taking bond at the treasury, so solemnly paraded, is more conclusive proof than his own interpolation, that the cash was received, I am so dull as not to perceive; but I say, that had the suggestion been made to me, it would have been instantly complied with. But I deny his law. Were the bill now to be presented to the treasury, the answer would and should be the same as a merchant would give: "You have held up this bill three and thirty years without notice; we have settled in the meantime with the drawer, and have no effects of his left in our hands. Apply to him for payment." On his application to me, I should first inquire into the history of the bill; where it had been lurking for three and thirty years? how came he by it? by interception? by trover? by assignment from Grand? by purchase? from whom, when and where? And according to his answers I should either institute criminal process against him, or if he showed that all was fair and honest, I should pay him the money, and look for reimbursement to the quarter appearing liable. The law deems seven years' absence of a man, without being heard of, such presumptive evidence of his death, as to distribute his estate, and to allow his wife to marry again. The Auditor thought that twenty years non-appearance of a bill which had been risked through the post-offices of two nations, was sufficient presumption of its loss. But this self-styled native of Virginia thinks that the thirty-three years now elapsed are not sufficient. Be it so. If the accounting officers of the treasury have any uneasiness on that subject, I am ready to give a bond of indemnification to the United States in any sum the officers will name, and with the security which themselves shall approve. Will this satisfy the native Virginian? or will he now try to pick some other hole in this transaction, to shield himself from a candid acknowledgment, that in making up his case, he supplied by gratuitous conjectures, the facts which were not within his knowledge, and that thus he has sinned against truth in his declarations before the public? Be this as it may, I have so much confidence in the discernment and candor of my fellow-citizens, as to leave to their judgment, and dismiss from my own notice any future torture of words or circumstances which this writer may devise for their deception. Indeed, could such a denunciation, and on such proof, bereave me of that confidence and consolation, I should, through the remainder of life, brood over the afflicting belief that I had lived and labored in vain.
TO MR. GOODENOW.
Monticello, June 13, 1822.
Sir,—I thank you for the volume of American Jurisprudence, which you have been so kind as to send me. I am now too old to read books solidly, unless they promise present amusement or future benefit. To me books of law offer neither. But I read your 6th chapter with interest and satisfaction, on the question whether the common law (of England) makes a part of the laws of our general government? That it makes more or less a part of the laws of the States is, I suppose, an unquestionable fact. Not by birthright, a conceit as inexplicable as the trinity, but by adoption. But, as to the general government, the Virginia Report on the alien and sedition laws, has so completely pulverized this pretension that nothing new can be said on it. Still, seeing that judges of the Supreme Court, (I recollect, for example, Elsworth and Story) had been found capable of such paralogism, I was glad to see that the Supreme Court had given it up. In the case of Libel in the United States district Court of Connecticut, the rejection of it was certainly sound; because no law of the general government had made it an offence. But such a case might, I suppose, be sustained in the State Courts which have state laws against libels. Because as to the portions of power within each State assigned to the general government, the President is as much the Executive of the State, as their particular governor is in relation to State powers. These, however, are speculations with which I no longer trouble myself; and therefore, to my thanks, I will only add assurances of my great respect.
TO DOCTOR BENJAMIN WATERHOUSE.
Monticello, June 26, 1822.
Dear Sir,—I have received and read with thankfulness and pleasure your denunciation of the abuses of tobacco and wine. Yet, however sound in its principles, I expect it will be but a sermon to the wind. You will find it is as difficult to inculcate these sanative precepts on the sensualities of the present day, as to convince an Athanasian that there is but one God. I wish success to both attempts, and am happy to learn from you that the latter, at least, is making progress, and the more rapidly in proportion as our Platonizing Christians make more stir and noise about it. The doctrines of Jesus are simple, and tend all to the happiness of man.