Volume II Part 48 (1/2)

TO MR. SHORT.

Paris, December 8, 1788.

Dear Sir,

My last to you was of the 21st of November, addressed to Milan, _poste restante_, according to the desire expressed through Mrs. Paradise.

I have lately received yours of the 19th of November, and sincerely felicitate you on your recovery. I wish you may have suffered this to be sufficiently established before you set out on your journey. The present letter will probably reach you amidst the cla.s.sical enjoyments of Rome. I feel myself kindle at the reflection, to make that journey; but circ.u.mstances will oblige me to postpone it at least. We are here under a most extraordinary degree of cold. The thermometer has been ten degrees of Reaumur below freezing: this is eight degrees of Fahrenheit above zero, and was the degree of cold here in the year 1740. The long continuance of this severity, and the snow now on the ground, give physical prognostications of a hard winter. You will be in a privileged climate, and will have had an enviable escape from this. The _Notables_ are not yet separated, nor is their treasonable vote against the people yet consolidated; but it will be. The parliament have taken up the subject, and pa.s.sed a very laudable vote in opposition. They have made it the occasion of giving sketches of what should be a bill of rights.

Perhaps this opposition of authority may give the court an option between the two. Stocks are rising slowly, but steadily. The loan of 1784 is at thirteen loss; the _caisse d'escompte_, four thousand and seventy-five. The Count de Bryenne has retired, and M. de Puysegur succeeded to his place. Madame de Chambonois (sister of M. de Langear) is dead of the small-pox. Pio is likely to receive a good appointment in his own country, which will take him from us. Corn is likely to become extremely scarce in France, Spain, and England. This country has offered a premium of forty sous the quintal on flour of the United States, and thirty sous the quintal on our wheat, to be brought here between February and June.

General Was.h.i.+ngton writes me, that industry and economy begin to take place of that idleness and extravagance which had succeeded the close of the war. The Potomac ca.n.a.l is in great forwardness. J. M. writes me word, that Mr. Jay and General Knox are talked of in the Middle States for Vice-Presidents, but he queries whether both will not prefer their present births. It seems agreed, that some emendations will be made to the new const.i.tution. All are willing to add a bill of rights; but they fear the power of internal taxation will be abridged. The friends of the new government will oppose the method of amendment by a federal convention, which would subject the whole instrument to change, and they will support the other method, which admits Congress, by a vote of two thirds, to submit specific changes to the a.s.semblies, three fourths of whom must concur to establish them.

The enclosed letter is from Pallegrino, one of the Italian laborers established in our neighborhood. I fancy it contains one for his father.

I have supposed it would not be unpleasant to you to have the delivery of it, as it may give you a good opportunity of conferring with one of that cla.s.s as much as you please. I obey at the same time my own wishes to oblige the writer. Mazzei is at this time ill, but not in danger. I am impatient to receive further letters from you, which may a.s.sure me of the solidity of your recovery, being, with great anxiety for your health and happiness, Dear Sir, your affectionate friend and servant,

Th: Jefferson.

[The annexed is here inserted in the Author's MS. To whom addressed, does not appear.]

The Minister Plenipotentiary for the United States of America finds himself under the necessity of declining to authenticate writings destined to be sent to the United States, for this main reason, that such authentication is not legal evidence there. After a reason so sufficient, it seems superfluous to add, that, were his authentication admissible in the courts of the United States, he could never give it to any seal or signature, which had not been put in his presence; that he could never certify a copy, unless both that and the original were in a hand-writing legible to him, and had been compared together by him, word by word: that so numerous are the writings presented, that their authentication alone would occupy the greater part of his time, and, withdrawing him from his proper duties, would change the nature of his office to that of a notary. He observes to those who do him the honor of addressing themselves to him on this subject, that the laws for the authentication of foreign writings are not the same through all the United States, some requiring an authentication under the seal of the _Prevote_ of a city, and others admitting that of a Notary: but that writings authenticated in both these manners, will, under the one or the other, be admitted in most, if not all of the United States. It would seem advisable, then, to furnish them with this double authentication.

LETTER CLXXV.--TO DOCTOR GILMER, December 16, 1788

TO DOCTOR GILMER.

Paife, December 16, 1788.

Dear Doctor,

Your last letter of December the 23rd was unlucky, like the former one, in arriving while I was absent on a call of public business in Holland.

I was discouraged from answering the law part of it on my return, because I foresaw such a length of time between the date of that and receipt of the answer, as would give it the air of a prescription after the death of the patient. I hope the whole affair is settled, and that you are established in good t.i.tles to all the lands. Still, however, being on the subject, I cannot help adding a word, in answer to the objection which you say is raised on the words 'the estate,' instead of 'my estate.' It has long been confessed in the courts, that the first decision, that a devise of lands to a person without words of inheritance, should carry an estate for life only, was an absurd decision, founded on feudal principles, after feudal ideas had long been lost by the unlettered writers of their own wills: and it has often been said, that were the matter to begin again, it should be decided that such a devise should carry a fee simple, as every body is sensible testators intend, by these expressions. The courts, therefore, circ.u.mscribe the authority of this chain of decisions, all hanging on the first link, as much as possible; and they avail themselves of every possible circ.u.mstance which may render any new case unlike the old one, and authorize them to conform their judgments to common sense, and the will of the testator. Hence they decide, that in a devise of 'my estate at M.' to such a one, without words of inheritance, the word estate is descriptive of the duration of the interest bequeathed, as well as its locality. From the same desire of getting back into the paths of common sense, they would not suffer the particle 'the' instead of 'my', to make a difference. 'My estate at M.' means not only my lands at M., but my fee simple in them. 'The estate at M.' means not only 'the lands the testator holds at M., but the fee simple he has in them.' Another objection will be made, perhaps, viz. that the testator devises in the same clause his estate called Marrow-bone, his tract called Horse-pasture, and his tract called Poison-field; that it is probable he intended to give the same interest in all; and as it is confessed that the word tract conveys but an estate for life, we must conclude that the word estate was meant to convey the same. I should reverse the argument, and say, as it confessed the word estate, conveys an estate in fee simple, we must conclude the word tract was meant to convey the same; that this conclusion coincides with the wishes of the courts, as bringing them back to what is right and consentaneous to the intention of the testator, as furnis.h.i.+ng them a circ.u.mstance to distinguish the case from the original one, and withdraw it from its authority; whereas, the contrary conclusion tends to lead them further from the meaning of testators, and to fix them in error.

But I perceive that my wishes to see the weight of no objection where you are interested, are leading me to write an argument, where I had promised I would say only a word. I will, therefore, talk the subject over with you at Monticello, or Pen-park. I have asked of Congress a leave of five or six months' absence next year, that I may carry my daughters home, and a.s.sist in the arrangement of my affairs. I shall pa.s.s two of the months at Monticello, that is to say, either June and July, or July and August, according to the time I may sail, which I hope will be in April: and then go on to New York and Boston, from whence I shall embark again for Europe, so as to get here before the winter sets in. I look forward with great fondness to the moment, when I can again see my own country and my own neighbors, and endeavor to antic.i.p.ate as little as possible the pain of another separation from them. I hope I shall find you all under the peaceable establishment of the new const.i.tution, which, as far as I can judge from public papers, seems to have become necessary for the happiness of our country. I thank you for your kind inquiries about my wrist. I followed advice with it, till I saw, visibly, that the joint had never been replaced, and that it was absurd to expect that cataplasms and waters would reduce dislocated bones. From that moment I have done nothing. I have for ever lost the use of my hand, except that I can write: and a withered hand and swelled and crooked fingers, still remaining twenty-seven months after the accident, make me fear I do not yet know the worst of it. But this, too, we will talk over at Monticello, and endeavor that it be the only pain to which our attention may be recalled. Adieu, my dear friend. Kiss and bless every body for me, Mrs. Gilmer especially. a.s.sure her and yourself of the sincere and constant attachment of, Dear Doctor, your affectionate friend and servant,

Th: Jefferson.

LETTER CLXXVI.--TO THOMAS PAINE, December 23,1788

TO THOMAS PAINE.

Paris, December 23,1788.

Dear Sir,