it could only become so by a positive adoption, and so far only as they were authorized to adopt.

I think it will be of great importance, when you come to the proper part, to portray at full length the consequences of this new doctrine, that the common law is the law of the United States, and that their courts have, of course, jurisdiction co-extensive with that law, that is to say, general over all cases and persons. But, great heavens! Who could have conceived in 1789, that within ten years we should have to combat such windmills! Adieu. Yours affec

tionately.

TO WILSON C. NICHOLAS.

MONTICELLO, August 26, 1799.

DEAR SIR, I am deeply impressed with the importance of Virginia and Kentucky pursuing the same tract at the ensuing sessions of their Legislatures. Your going thither furnishes a valuable opportunity of effecting it, and as Mr. Madison will be at our Assembly as well as yourself, I thought it important to procure a meeting between you. I therefore wrote to propose to him to ride to this place on Saturday or Sunday next; supposing that both he and yourself might perhaps have some matter of business at our court, which might render it less inconvenient for you to be here together on Sunday. I took for granted that you would not set off to Kentucky pointedly at the time you first proposed, and

VOL. X-9

hope and strongly urge your favoring us with a visit at the time proposed. Mrs. Madison, who was the bearer of my letter, assured me I might count on Mr. M.'s being here. Not that I mentioned to her the object of my request, or that I should propose the same to you, because, I presume, the less said of such a meeting the better. I shall take care that Mrs. Monroe shall dine with us. In hopes of seeing you, I bid you affectionately adieu.

TO WILSON C. NICHOLAS.

MONTICELLO, September 5, 1799.

DEAR SIR, Yours of August 30th came duly to hand. It was with great regret we gave up the hope of seeing you here, but could not but consider the obstacle as legitimate. I had written to Mr. Madison, as I had before informed you, and had stated to him some general ideas for consideration and consultation when we should meet. I thought something essentially necessary to be said, in order to avoid the inference of acquiescence; that a resolution or declaration should be passed, 1, answering the reasonings of such of the States as have ventured into the field of reason, and that of the committee of Congress, taking some notice too of those States who have either not answered at all, or answered without reasoning. 2. Making firm protestation against the precedent and principle, and reserving the right to make this palpable violation of the federal compact

the ground of doing in future whatever we might now rightfully do, should repetitions of these and other violations of the compact render it expedient. 3. Expressing in affectionate and conciliatory language our warm attachment to union with our sister States, and to the instrument and principles by which we are united; that we are willing to sacrifice to this everything but the rights of self-government in those important points which we have never yielded, and in which alone we see liberty, safety, and happiness; that not at all disposed to make every measure of error or of wrong, a cause of scission, we are willing to look on with indulgence, and to wait with patience till those passions and delusions shall have passed over, which the federal government have artfully excited to cover its own abuses and conceal its designs, fully confident that the good sense of the American people, and their attachment to those very rights which we are now vindicating, will, before it shall be too late, rally with us round the true principles of our federal compact. This was only meant to give a general idea of the complexion and topics of such an instrument. Mr. M. who came, as had been proposed, does not concur in the reservation proposed above; and from this I recede readily, not only in deference to his judgment, but because, as we should never think of separation but for repeated and enormous violations, so these, when they occur, will be cause enough of themselves.

To these topics, however, should be added ani

madversions on the new pretensions to a common law of the United States. I proposed to Mr. M. to write to you, but he observed that you knew his sentiments so perfectly from a former conference, that it was unnecessary. As to the preparing anything, I must decline it, to avoid suspicions (which were pretty strong in some quarters on the late occasion), and because there remains still (after their late loss) a mass of talents in Kentucky sufficient for every purpose. The only object of the present communication is to procure a concert in the general plan of action, as it is extremely desirable that Virginia and Kentucky should pursue the same track on this occasion. Besides, how could you better while away the road from hence to Kentucky, than in meditating this very subject, and preparing something yourself, than whom nobody will do it better. The loss of your brother, and the visit of the apostle * * * to Kentucky, excite anxiety. However, we doubt not that his poisons will be effectually counterworked. Wishing you a pleasant journey and happy return, I am with great and sincere esteem, dear Sir, your affectionate friend and servant.

TO JAMES MADISON.

MONTICELLO, November 22, 1799.

DEAR SIR, I have never answered your letter by Mr. Polk, because I expected to have paid you a visit.

'Here, and in almost every other casewhere the name is omitted, it is omitted in the original.

This has been prevented by various causes, till yesterday. That being the day fixed for the departure of my daughter Eppes, my horses were ready for me to have set out to see you: an accident postponed her departure to this day, and my visit also. But Colonel Monroe dined with me yesterday, and on my asking his commands for you, he entered into the subject of the visit and dissuaded it entirely, founding the motives on the espionage of the little * * * in **** who would make it a subject of some political slander, and perhaps of some political injury. I have yielded to his representations, and therefore shall not have the pleasure of seeing you till my return from Philadelphia. I regret it sincerely, not only on motives of attention, but of affairs. Some late circumstances changing considerably the aspect of our situation, must affect the line of conduct to be observed. I regret it the more too, because from the commencement of the ensuing session, I shall trust the post offices with nothing confidential, persuaded that during the ensuing twelve months they will lend their inquisitorial aid to furnish matter for newspapers. I shall send you as usual printed communications, without saying anything confidential on them. You will of course understand the cause.

In your new station' let me recommend to you the jury system: as also the restoration of juries in the court of chancery, which a law not long since repealed, because "the trial by jury is troublesome and expen

1 The Legislature of Virginia.