Dearborne and myself, the tenor of his life against that of ours, his Spanish mysteries against my open cherishment of the Western interests; and, living as we are, and ready to purge ourselves by any ordeal, they must now weigh, in addition, our testimony against his. All this makes me believe he will never seek this refuge. I have ever and carefully restrained myself from the expression of any opinion respecting General Wilkinson, except in the case of Burr's conspiracy, wherein, after he had got over his first agitations, we believed his decision firm, and his conduct zealous for the defeat of the conspiracy, and although injudicious, yet meriting, from sound intentions, the support of the nation. As to the rest of his life, I have left it to his friends and his enemies, to whom it furnishes matter enough for disputation. I classed myself with neither, and least of all in this time of his distresses, should I be disposed to add to their pressure. I hope, therefore, he has not been so imprudent as to write our names in the pannel of his witnesses.

Accept the assurances of my constant affections.

TO JOHN ADAMS.1

J. MSS. MONTICELLO, January 21, 1812. DEAR SIR, I thank you before hand (for they are not yet arrived) for the specimens of homespun you have been so kind as to forward me by post. I doubt not their excellence, knowing how far you are advanced in these things in your quarter. Here we

'Concerning this letter Jefferson wrote to Benjamin Rush:

MONTICELLO, Jan. 21, 12. DEAR SIR,-As it is through your kind interposition that two old friends are brought together, you have a right to know how the first approaches are made. I send you, therefore a copy of Mr. Adams' letter to me & of my answer. Το avoid the subject of his family, on which I could say nothing, I have written him a rambling, gossiping epistle which gave openings for the expression of sincere feelings, & may furnish him ground of reciprocation, if he merely waited for the first declaration; for so I would construe the reserve of his letter. In the course of the spring I can have a good occasion of writing to him again on sending him a law case of Livingston's against myself, which having been dismissed out of court, for want of jurisdiction, remains unexplained to the world. This explanation I shall print for my own justification; and a copy may not be unamusing to one who is himself a profound lawyer.

do little in the fine way, but in coarse and middling goods a great deal. Every family in the country is a manufactory within itself, and is very generally able to make within itself all the stouter and middling stuffs for its own clothing and household use. We consider a sheep for every person in the family as sufficient to clothe it, in addition to the cotton, hemp and flax which we raise ourselves. For fine stuff we shall depend on your northern manufactories. Of these, that is to say, of company establishments, we have none. We use little machinery. The spinning jenny, and loom with the flying shuttle, can be managed in a family; but nothing more complicated. The economy and thriftiness resulting from our household manufactures are such that they will never again be laid aside; and nothing more salutary for us has ever happened than the British obstructions to our demands for their manufactures. Restore free intercourse when they will, their commerce with us will have totally changed its form, and the articles we shall in future want from them will not exceed their own consumption of our produce.

A letter from you calls up recollections very dear to my mind. It carries me back to the times when, beset with difficulties and dangers, we were fellow-laborers in the same cause, struggling for what is most valuable to man, his right of self-government. Laboring always at the same oar, with some wave ever ahead, threatening to overwhelm us, and yet passing harmless under our bark, we knew not how we rode through the storm with heart and hand, and made a happy port. Still we did not expect to be without rubs and difficuties; and we have had them. First, the detention of the western posts, then the coalition of Pilnitz, outlawing our commerce with France, and the British enforcement of the outlawry. In your day, French depredations; in mine, English, and the Berlin and Milan decrees; now the English orders of council, and the piracies they authorize. When these shall be over, it will be the impressment of our seamen or something else; and so we have gone on, and so we shall go on puzzled and prospering beyond example in the history of man. And I do believe we shall continue to grow, to multiply and prosper until we exhibit an association, powerful, wise and happy beyond what has yet been seen by men. As for France and England, with all their

preeminence in science, the one is a den of robbers, and the other of pirates. And if science produces no better fruits than tyranny, murder, rapine and destitution of national morality, I would rather wish our country to be ignorant, honest and estimable, as our neighboring savages are. But whither is senile garrulity leading me? Into politics, of which I have taken final leave. I think little of them and say less. I have given up newspapers in exchange for Tacitus and Thucydides, for Newton and Euclid, and I find myself much the happier. Sometimes, indeed, I look back to former occurrences, in remembrance of our old friends and fellow-laborers, who have fallen before us. Of the signers of the Declaration of Independence, I see now living not more than half a dozen on your side of the Potomac, and on this side, myself alone. You and I have been wonderfully spared, and myself with remarkable health, and a considerable activity of body and mind. I am on horseback three or four hours of every day; visit three or four times a year a possession I have ninety miles distant, performing the winter journey on horseback. I walk little, however, a single mile being too much for me, and I live in the midst of my grandchildren, one of whom has lately promoted me to be a great grandfather. I have heard with pleasure that you also retain good health, and a greater power of exercise in walking than I do. But I would rather have heard this from yourself, and that, writing a letter like mine, full of egotisms, and of details of your health, your habits, occupations and enjoyments, I should have the pleasure of knowing that in the race of life, you do not keep, in its physical decline, the same distance ahead of me which you have done in political honors and achievements. No circumstances have lessened the interest I feel in these particulars respecting yourself; none have suspended for one moment my sincere esteem for you, and I now salute you with unchanged affection and respect.

TO THE GOVERNOR OF VIRGINIA.

(JAMES BARBOur.)

J. MSS.

MONTICELLO, January 22, 1812.

DEAR SIR,-Your favor of the 14th has been duly received, and I sincerely congratulate you, or rather my country, on the just

testimony of confidence which it has lately manifested to you. In your hands I know that its affairs will be ably and honestly administered.

In answer to your inquiry whether, in the early times of our government, where the council was divided, the practice was for the Governor to give the deciding vote? I must observe that, correctly speaking, the Governor not being a counsellor, his vote could make no part of an advice of council. That would be to place an advice on their journals which they did not give, and could not give because of their equal division. But he did what was equivalent in effect. While I was in the administration, no doubt was ever suggested that where the council, divided in opinion, could give no advice, the Governor was free and bound to act on his own opinion and his own responsibility. Had this been a change of the practice of my predecessor, Mr. Henry, the first governor, it would have produced some discussion, which it never did. Hence, I conclude it was the opinion and practice from the first institution of the government. During Arnold's and Cornwallis' invasion, the council dispersed to their several homes, to take care of their families. Before their separation, I obtained from them a capitulary of standing advices for my government in such cases as ordinarily occur: such as the appointment of militia officers, justices, inspectors, &c., on the recommendations of the courts; but in the numerous and extraordinary occurrences of an invasion, which could not be foreseen, I had to act on my own judgment and my own responsibility. The vote of general approbation, at the session of the succeeding winter, manifested the opinion of the Legislature, that my proceedings had been correct. General Nelson, my successor, staid mostly, I think, with the army; and I do not believe his council followed the camp, although my memory does not enable me to affirm the fact. Some petitions against him for impressment of property without authority of law, brought his proceedings before the next Legislature; the questions necessarily involved were whether necessity, without express law, could justify the impressment, and if it could, whether he could order it without the advice of council. The approbation of the Legislature amounted to a decision of both questions. I remember this case the more especially,

because I was then a member of the Legislature, and was one of those who supported the Governor's proceedings, and I think there was no division of the House on the question. I believe the doubt was first suggested in Governor Harrison's time, by some member of the council, on an equal division. Harrison, in his dry way, observed that instead of one governor and eight counsellors, there would then be eight governors and one counsellor, and continued, as I understood, the practice of his predecessors. Indeed, it is difficult to suppose it could be the intention of those who framed the constitution, that when the council should be divided the government should stand still; and the more difficult as to a constitution formed during a war, and for the purpose of carrying on that war, that so high an officer as their Governor should be created and salaried, merely to act as the clerk and authenticator of the votes of the council. No doubt it was intended that the advice of the council should control the governor. But the action of the controlling power being withdrawn, his would be left free to proceed on its own responsibility. Where from division, absence, sickness or other obstacle, no advice could be given, they could not mean that their Governor, the person of their peculiar choice and confidence, should stand by, an inactive spectator, and let their government tumble to pieces for want of a will to direct it. In executive cases, where promptitude and decision are all important, an adherence to the letter of a law against its probable intentions, (for every law must intend that itself shall be executed,) would be fraught with incalculable danger. Judges may await further legislative explanations, but a delay of executive action might produce irretrievable ruin. The State is invaded, militia to be called out, an army marched, arms and provisions to be issued from the public magazines, the Legislature to be convened, and the council is divided. Can it be believed to have been the intention of the framers of the constitution, that the constitution itself and their constituents with it should be destroyed for want of a will to direct the resources they had provided for its preservation? Before such possible consequences all verbal scruples must vanish; construction must be made secundum arbitrium boni viri, and the constitution be rendered a practicable thing. That exposition of it must be