University of Virginia Library

TO EDWARD EVERETT.

Dear Sir I received, on the 15th, your favour
of the 2d inst:, with the little pamphlet of remarks
on your brother's "Europe."[44]

The pamphlet wd. have been much improved by
softer words and harder arguments. To support its
construction of Art. 18, of the Treaty of 1794, the
writer ought to have shewn that there are cases in
which provisions become contraband according to the
Law of Nations; and that the cases are of such recurrence
and importance as to make them a probable
object of such an article. He does not point at a
single one.

If he be not right in contending that the U. S.
always resisted the Rule of 1756 he is still more
astray in saying that G. B. relinquished it. The
indemnities for violations of the Rule allowed by
the Joint Commissioners can be no evidence of the
fact. This award might be the result of the casting
vote on the American side; or the concurrence of the
British side, the result of the individual opinions
of honest Umpires. That the British Govt. made
no such relinquishment is demonstrated by the

reasonings & adjudications of Sir Wm Scott, whether
he be regarded as the Organ, or as the Oracle of his
Gov.t. There is no question of public law, on which
he exerts his talents with more pertinacity than he
does in giving effect to the rule of, 56, in all its
ductile applications to emerging cases. His testimony
on this point admits no reply. The payment
of the awards of the Board of Com. by the British
Govt. is an evidence merely of its good faith; the
more to its credit, the more they disappointed its
calculations & wishes.

Our University has lately recd. a further loan from
the Legislature which will prepare the Buildings
for ten Professors and about 200 Students. Should
all the loans be converted into donations, at the next
Session, as is generally expected, but for which no
pledge has been given, the Visitors, with an annuity
of $15,000 settled on the Institution, will turn their
thoughts towards opening it, and to the preliminary
engagement of Professors.

I am not surprised at the dilemma produced at
your University by making theological professorships
an integral part of the System. The anticipation of
such an one led to the omission in ours; the Visitors
being merely authorized to open a public Hall for
religious occasions, under impartial regulations; with
the opportunity to the different sects to establish
Theological schools so near that the Students of the
University may respectively attend the religious
exercises in them. The village of Charlottesville
also, where different religious worships will be

held, is also so near, that resort may conveniently
be had to them.

A University with sectarian professorships, becomes,
of course, a Sectarian Monopoly: with professorships
of rival sects, it would be an Arena of
Theological Gladiators. Without any such professorships,
it may incur for a time at least, the
imputation of irreligious tendencies, if not designs.
The last difficulty was thought more manageable
than either of the others.

On this view of the subject, there seems to be
no alternative but between a public University
without a theological professorship, and sectarian
Seminaries without a University.

I recollect to have seen, many years ago, a project
of a prayer, by Govr. Livingston father of the present
Judge, intended to comprehend & conciliate College
Students of every Xn denomination, by a Form
composed wholly of texts & phrases of scripture.
If a trial of the expedient was ever made, it must
have failed, notwithstanding its winning aspect
from the single cause that many sects reject all set
forms of Worship.

The difficulty of reconciling the Xn mind to the
absence of a religious tuition from a University
established by law and at the common expence, is
probably less with us than with you. The settled
opinion here is that religion is essentially distinct
from Civil Govt. and exempt from its cognizance;
that a connexion between them is injurious to both;
that there are causes in the human breast, which

ensure the perpetuity of religion without the aid
of the law; that rival sects, with equal rights, exercise
mutual censorships in favor of good morals; that
if new sects arise with absurd opinions or overheated
maginations, the proper remedies lie in time, forbearance
and example; that a legal establishment
of religion without a toleration could not be thought
of, and with a toleration, is no security for public
quiet & harmony, but rather a source itself of
discord & animosity; and finally that these opinions
are supported by experience, which has shewn that
every relaxation of the alliance between Law &
religion, from the partial example of Holland, to its
consummation in Pennsylvania Delaware N. J., &c,
has been found as safe in practice as it is sound in
theory. Prior to the Revolution, the Episcopal
Church was established by law in this State. On
the Declaration of independence it was left with all
other sects, to a self-support. And no doubt exists
that there is much more of religion among us now
than there ever was before the change; and particularly
in the Sect which enjoyed the legal patronage.
This proves rather more than, that the law
is not necessary to the support of religion.

With such a public opinion, it may be expected
that a University with the feature peculiar to ours
will succeed here if anywhere. Some of the Clergy
did not fail to arraign the peculiarity; but it is not
improbable that they had an eye to the chance of
introducing their own creed into the professor's
chair. A late resolution for establishing an Episcopal

school within the College of William & Mary,
tho' in a very guarded manner, drew immediate
animadversions from the press, which if they have
not put an end to the project, are a proof of what
would follow such an experiment in the University
of the State, endowed and supported as this will be,
altogether by the Public authority and at the
common expence.

I know not whence the rumour sprang of my being
engaged in a Poll. History of our Country. Such
a task, cd. I presume on a capacity for it, belongs
to those who have more time before them than the
remnant to wch. mine is limited.

On reviewing my political papers & correspondence,
I find much that may deserve to be put into
a proper state for preservation; and some things
that may not in equal amplitude be found elsewhere.
The case is doubtless the same with other individuals
whose public lives have extended thro' the same
long & pregnant period. It has been the misfortune
of history, that a personal knowledge and an impartial
judgment of things rarely meet in the historian.
The best history of our Country therefore
must be the fruit of contributions bequeathed by
cotemporary actors & witnesses, to successors who
will make an unbiassed use of them. And if the
abundance & authenticity of the materials which
still exist in the private as well as public repositories
among us shd. descend to hands capable of doing
justice to them, the American History may be
expected to contain more truth, and lessons, certainly

not less valuable, than those of any Country or
age.

I have been so unlucky as not yet to have received
the Nos. of the N. Amn. Review written for the.
I expect them every moment, but the delay has
deprived me as yet of the criticism in that work
on Your Brother's Book.

The difference to wch. you allude between the
profits of authorship in England & in the U. S. is
very striking. It proceeds, mainly, no doubt from
the difference of the area over wch. the population
is spread, and of the manner in wch. the aggregate
wealth is distributed in the 2 Countries. The number
of people in this is perhaps equal to that in
England, and the number of readers of popular
works at least, probably not less, if not greater.
But in their scattered situation here, they are with
more difficulty supplied with new publications than
when they are condensed within an easy reach of
them, and where indeed a vast proportion, being
in the Metropolis, are on the same spot with
the printing offices. But the unequal division of
wealth in Engd. enters much into the advantage
given there to Authors & Editors. With us there
are more readers than buyers of books. In England
there are more buyers than readers. Hence those
Gorgeous Editions, which are destined to sleep in
the private libraries of the Rich whose vanity aspires
to that species of furniture, or who give that turn
to their public spirit & patronage of letters.

Whatever may be the present obstacles to the

diffusion of literature in our Country, it is a consolation
that its growing improvements are daily
diminishing them, and that in the meantime individuals
are seen making generous efforts to overcome
them. With my wishes for the success of yours,
I repeat assurances of my esteem & cordial respect.