TO JAMES MADISON.

WASHINGTON, December 19, 1800. DEAR SIR, Mr. Brown's departure for Virginia enables me to write confidentially what I could not have ventured by the post at this prying season. The election in South Carolina has in some measure decided the great contest. Though as yet we do not know the actual votes of Tennessee, Kentucky, and Vermont, yet we believe the votes to be on the whole, J. seventy-three, B. seventy-three, A. sixtyfive, P. sixty-four. Rhode Island withdrew one from P. There is a possibility that Tennessee may withdraw one from B., and Burr writes that there may be one vote in Vermont for J. But I hold the latter impossible, and the former not probable; and that there will be an absolute parity between the two republican candidates. This has produced great dismay and gloom on the republican gentlemen here, and exultation in the federalists, who openly declare they will prevent an election, and will name a President of the Senate, pro tem. by what they say would only be a stretch of the Constitution. The prospect of preventing this, is as follows: Georgia, North Carolina, Tennessee, Kentucky, Vermont, Pennsylvania, and New York, can be counted on for their vote in the House of Representatives, and it is thought by some that Baer of Maryland, and Linn of New Jersey will come over. Some even count on Morris of Vermont. But you must know the uncer

tainty of such a dependence under the operation of caucuses and other federal engines. The month of February, therefore, will present us storms of a new character. Should they have a particular issue, I hope you will be here a day or two, at least, before the 4th of March. I know that your appearance on the scene before the departure of Congress, would assuage the minority, and inspire in the majority confidence and joy unbounded, which they would spread far and wide on their journey home. Let me beseech you then to come with a view of staying perhaps a couple of weeks, within which time things might be put into such a train, as would permit us both to go home for a short time, for removal. I wrote to R. R. L. by a confidential hand three days ago. The person proposed for the Treasury has not come yet.

Davie is here with the Convention, as it is called; but it is a real treaty, and without limitation of time. It has some disagreeable features, and will endanger the compromising us with Great Britain. I am not at liberty to mention its contents, but I believe it will meet with opposition from both sides of the House. It has been a bungling negotiation. Ellsworth remains in France for the benefit of his health. He has resigned his office of Chief Justice. Putting these two things together, we cannot misconstrue his views. He must have had great confidence in Mr. Adams' continuance to risk such a certainty as he held. Jay was yesterday nominated

Chief Justice. We were afraid of something worse. A scheme of government for the territory is cooking by a committee of each House, under separate authorities, but probably a voluntary harmony. They let out no hints. It is believed that the judiciary system will not be pushed, as the appointments, if made by the present administration, could not fall on those who create them. But I very much fear the road system will be urged. The mines of Peru would not supply the moneys which would be wasted on this object, nor the patience of any people stand the abuses which would be incontrollably committed under it. I propose, as soon as the state of the election is perfectly ascertained, to aim at a candid understanding with Mr. Adams. I do not expect that either his feelings or his views of interest will oppose it. I hope to induce in him dispositions liberal and accommodating. Accept my affectionate salutations.

TO JAMES MADISON.

WASHINGTON, December 26, 1800.

DEAR SIR,-All the votes have now come in, except of Vermont and Kentucky, and there is no doubt that the result is a perfect parity between the two republican characters. The federalists appear determined to prevent an election, and to pass a bill giving the government to Mr. Jay, appointed Chief Justice, or to Marshall as Secretary

of State. Yet I am rather of opinion that Maryland and Jersey will give the seven republican majorities. The French treaty will be violently opposed by the federalists; the giving up the vessels is the article they cannot swallow. They have got their judiciary bill forwarded to commitment. I dread this above all the measures meditated, because appointments in the nature of freehold render it difficult to undo what is done. We expect a report for a territorial government which is to pay little respect to the rights of man.

*

*

*

*

* Cordial and affectionate salutations. Adieu.

*

*

TO TENCHE COXE, ESQ.

*

December 31, 1800.

I shall neither frank nor subscribe my letter, because I do not choose to commit myself to the fidelity of the post-office. For the same reason, I have avoided putting pen to paper through the whole summer, except on mere business, because I knew it was a prying season. I received from time to time papers under your superscription, which showed that our friends were not inattentive to the great operation which was agitating the nation. You are by this time apprised of the embarrassment produced by the equality of votes between the two republican candidates. The contrivance in the Constitution for marking the votes works

badly, because it does not enounce precisely the true expression of the public will. We do not see what is to be the issue of the present difficulty. The federalists, among whom those of the republican section are not the strongest, propose to prevent an election in Congress, and to transfer the government by an act to the C. J. (Jay) or Secretary of State, or to let it devolve on the President pro tem. of the Senate, till next December, which gives them another year's predominance, and the chances of future events. The republicans propose to press forward to an election. If they fail in this, a concert between the two higher candidates may prevent the dissolution of the government and danger of anarchy, by an operation, bungling indeed and imperfect, but better than letting the legislature take the nomination of the Executive entirely from the people. Excuse the infrequency of my acknowledgments of your kind attentions. The danger of interruption makes it prudent for me not to indulge my personal wishes in that way. I pray you to accept assurances of my great esteem.

TO DR. HUGH WILLIAMSON.

WASHINGTON, January 10, 1801.

DEAR SIR,-I should sooner have acknowledged your favor of December 8th, but for a growing and pressing correspondence which I can scarcely manage. I was particularly happy to receive the diary of