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little while ago; to be at a loss for objects whereon to throw away

the supposed fathomless funds of the treasury。  I had feared the

result; because I saw among them some of my old fellow laborers; of

tried and known principles; yet often in their minorities。  I am

aware that in one of their most ruinous vagaries; the people were

themselves betrayed into the same phrenzy with their Representatives。

The deficit produced; and a heavy tax to supply it; will; I trust;

bring both to their sober senses。




        But it is not from this branch of government we have most to

fear。  Taxes and short elections will keep them right。  The judiciary

of the United States is the subtle corps of sappers and miners

constantly working under ground to undermine the foundations of our

confederated fabric。  They are construing our constitution from a

co…ordination of a general and special government to a general and

supreme one alone。  This will lay all things at their feet; and they

are too well versed in English law to forget the maxim; _〃boni

judicis est ampliare juris…dictionem。〃_ We shall see if they are bold

enough to take the daring stride their five lawyers have lately

taken。  If they do; then; with the editor of our book; in his address

to the public; I will say; that 〃against this every man should raise

his voice;〃 and more; should uplift his arm。  Who wrote this

admirable address?  Sound; luminous; strong; not a word too much; nor

one which can be changed but for the worse。  That pen should go on;

lay bare these wounds of our constitution; expose the decisions

_seriatim_; and arouse; as it is able; the attention of the nation to

these bold speculators on its patience。  Having found; from

experience; that impeachment is an impracticable thing; a mere

scare…crow; they consider themselves secure for life; they sculk from

responsibility to public opinion; the only remaining hold on them;

under a practice first introduced into England by Lord Mansfield。  An

opinion is huddled up in conclave; perhaps by a majority of one;

delivered as if unanimous; and with the silent acquiescence of lazy

or timid associates; by a crafty chief judge; who sophisticates the

law to his mind; by the turn of his own reasoning。  A judiciary law

was once reported by the Attorney General to Congress; requiring each

judge to deliver his opinion _seriatim_ and openly; and then to give

it in writing to the clerk to be entered in the record。  A judiciary

independent of a king or executive alone; is a good thing; but

independence of the will of the nation is a solecism; at least in a

republican government。




        But to return to your letter; you ask for my opinion of the

work you send me; and to let it go out to the public。  This I have

ever made a point of declining; (one or two instances only excepted。)

Complimentary thanks to writers who have sent me their works; have

betrayed me sometimes before the public; without my consent having

been asked。  But I am far from presuming to direct the reading of my

fellow citizens; who are good enough judges themselves of what is

worthy their reading。  I am; also; too desirous of quiet to place

myself in the way of contention。  Against this I am admonished by

bodily decay; which cannot be unaccompanied by corresponding wane of

the mind。  Of this I am as yet sensible; sufficiently to be unwilling

to trust myself before the public; and when I cease to be so; I hope

that my friends will be too careful of me to draw me forth and

present me; like a Priam in armor; as a spectacle for public

compassion。  I hope our political bark will ride through all its

dangers; but I can in future be but an inert passenger。




        I salute you with sentiments of great friendship and respect。







        THE MISSOURI QUESTION




        _To Albert Gallatin_

        _Monticello; Dec。 26; 1820_




        DEAR SIR;  ‘It is said to be an ill wind which blows

favorably to no one。' My ill health has long suspended the too

frequent troubles I have heretofore given you with my European

correspondence。  To this is added a stiffening wrist; the effect of

age on an antient dislocation; which renders writing slow and

painful; and disables me nearly from all correspondence; and may very

possibly make this the last trouble I shall give you in that way。




        Looking from our quarter of the world over the horizon of yours

we imagine we see storms gathering which may again desolate the face

of that country。  So many revolutions going on; in different

countries at the same time; such combinations of tyranny; and

military preparations and movements to suppress them。  England &

France unsafe from internal conflict; Germany; on the first favorable

occasion; ripe for insurrection; such a state of things; we suppose;

must end in war; which needs a kindling spark in one spot only to

spread over the whole。  Your information can correct these views

which are stated only to inform you of impressions here。




        At home things are not well。  The flood of paper money; as you

well know; had produced an exaggeration of nominal prices and at the

same time a facility of obtaining money; which not only encouraged

speculations on fictitious capital; but seduced those of real

capital; even in private life; to contract debts too freely。  Had

things continued in the same course; these might have been

manageable。  But the operations of the U。S。 bank for the demolition

of the state banks; obliged these suddenly to call in more than half

of their paper; crushed all fictitious and doubtful capital; and

reduced the prices of property and produce suddenly to 1/3 of what

they had been。  Wheat; for example; at the distance of two or three

days from market; fell to and continues at from one third to half a

dollar。  Should it be stationary at this for a while; a very general

revolution of property must take place。  Something of the same

character has taken place in our fiscal system。  A little while back

Congress seemed at a loss for objects whereon to squander the

supposed fathomless funds of our treasury。  This short frenzy has

been arrested by a deficit of 5 millions the last year; and of 7。

millions this year。  A loan was adopted for the former and is

proposed for the latter; which threatens to saddle us with a

perpetual debt。  I hope a tax will be preferred; because it will

awaken the attention of the people; and make reformation & economy

the principles of the next election。  The frequent recurrence of this

chastening operation can alone restrain the propensity of governments

to enlarge expence beyond income。  The steady tenor of the courts of

the US。 to break down the constitutional barrier between the

coordinate powers of the States; and of the Union; and a formal

opinion lately given by 5。 lawyers of too much eminence to be

neglected; give uneasiness。  But nothing has ever presented so

threatening an aspect as what is called the Missouri question。  The

Federalists compleatly put down; and despairing of ever rising again

under the old division of whig and tory; devised a new one; of

slave…holding; & non…slave…holding states; which; while it had a

semblance of being Moral; was at the same time Geographical; and

calculated to give them ascendancy by debauching their old opponents

to a coalition with them。  Moral the question certainly is not;

because the removal of slaves from one state to another; no more than

their removal from one country to another; would never make a slave

of one human being who would not be so without it。  Indeed if there

were any morality in the question it is on the other side; because by

spreading them over a larger surface; their happiness would be

increased; & the burthen of their future liberation lightened by

bringing a greater number of shoulders under it。  However it served

to throw dust into the eyes of the people and to fanaticise them;

while to the knowing ones it gave a geographical and preponderant

line of the Patomac and Ohio; throwing 12。 States to the North and

East; & 10。 to the South & West。  With these therefore it is merely a

question of power: but with this geographical minority it is a

question of existence。  For if Congress once goes out of the

Constitution to arrogate a right of regulating the conditions of the

inhabitants of the States; its majority may; and probably will next

declare that the condition of all men within the US。 shall be that of

freedom; in which case all the whites South of the Patomak and Ohio

must evacuate their States; and most fortunate those who can do it

first。  And so far this crisis seems to be advancing。  The Missouri

constitution is recently rejected by the House of Representatives。

What will be their next step is yet to be seen。  If accepted on the

condition that Missouri shall expunge from it the prohibition of free

people of colour from emigration to their state; it will be expung

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