University of Virginia Library

TO THOMAS JEFFERSON.

Dear Sir I recd. yesterday evening yours of the
24th inst: inclosing a paper drawn up with a view
to the question of "Roads & Canals," and to the

course of proceeding most expedient for the Legislature
of Virga., now in session.[78]

In my retired position it is difficult to scan the
precise tendency of measures addressed to the
opinions & feelings of the States & of their Representatives;
these being imperfectly understood, and
continually undergoing also more or less of modifications.
In general, I have doubted the policy of
any attempt by Virginia to take the lead, or the
appearance of it, in opposing the obnoxious career
of Congress, or, rather of their Constituents; considering
the prejudices which seem to have been
excited of late agst. her. And the doubt is now
strengthened, by the diversity of opinion apparently
taking place among her opponents, which if not
checked by interpositions on her part, may break
the Phalanx with which she has to deal. Hitherto
the encroachments of Congress have not proceeded
far enough to rouse the full attention of some of the
States; who tho' not opposing the limited expence of
Surveying Engineers, or the productive subscriptions
to projected improvements by particular
States, will unite with Virginia in combating the
exercise of Powers which must not only interfere
with their local jurisdictions, but expend vast sums
of money, from which their share of benefit, would
not be proportioned to their share of the burden.
To this consideration I refer the recent proposition

of Mr. Bailey. It may have had in part, the motives
you allude to. But it can be explained by the local
calculations under its surface. The members of
Congs. from N. England have never been entirely
united on the subject of National Canals &c. and
altho' sundry projects of that sort have lately appeared
in that quarter as elsewhere, it is probable
that most of them will be found either impracticable,
or threatening changes in the channels of trade
causing them to be abandoned. It is pretty certain
that the progress made by N. England in her internal
improvements reduces her interest in the prosecution
of them with the national revenue, below her
contributions to it, or her portion of a dividend
from it. The remark is applicable to the weighty
State of N. York, where the power assumed by
Congress has always been viewed with a degree of
jealousy, and where I believe a decided opposition
would be made agst. a claim that wd. touch her soil
or introduce a jurisdiction over it, without the
express consent of the State. Her Senator Van
Buren, it appears, has already taken up the subject,
and no doubt with a purpose of controuling the
assumed power. The progress made by other States
in like improvements under their own authority,
may be expected to enlist some of them on the same
side of the question. Were Congress indeed possessed
of the undisputed power in the case, it would
be a problem, whether it would not be Paralysed
by the difficulty of adapting a system of Roads
& Canals to the diversified situations of the States,
and of making a satisfactory apportionment of the
benefits & burdens among them. As this is a view
of the subject however not likely to quiet the apprehensions
which prevail, and might yield to fuller
information with regard to it, I should suppose
Virginia would find an eligible compromise in Mr.
Bailey's project; notwithstanding the bearing it
may have in favor of a prolonged tariff, as the nurse
of the manufacturing system. It may be well at
least to know the weakness of the proposition in
and out of Congress, before any irrevocable decision
be had at Richmond.

Should any strong interposition there be ultimately
required, your paper will be a valuable resort.
But I must submit to your consideration whether
the expedient with which it closes of enacting statutes
of Congress into Virginia Statutes, would not be an
anomaly without any operative character, besides
the objection to a lumping and anticipating enactment.
As the Acts in question would not be executed
by the ordinary functionaries of Virga., and
she could not convert the federal into State functionaries,
the whole proceeding would be as exclusively
under the federal authority as if the
legislative interference of Virga. had not taken place;
her interference amounting to nothing more than a
recommendation to her Citizens to acquiesce in the
exercise of the power assumed by Congress, for
which there is no apparent necessity or obligation.

Previous to the rect of your communication, a
letter from Mr. Ritchie, marked with all his warm

feelings, on the occasion, made a pressing call for
my opinions and advice. I inclose it with my
answer, in which you will see the course which
occurred to me as most eligible or least questionable;
Bailey's proposition being at the time unknown.
I was apprehensive that encouragement to a stronger
course, in the present stage of the business & temper
of the Assembly might lead to a stile & tone irritating
rather than subduing prejudices, instead of the true
policy as well as dignity of mingling as much of
molliter in modo, as would be consistent with the
fortiter in re. Whilst Congress feel themselves
backed by a Majority of their Constituents, menace
or defiance, will never deter them from their purposes;
particularly when such language proceeds
from the section of the Union, to which there is a
habit of alluding as distinguished by causes of
internal weakness.

You asked an early answer & I have hurried one,
at the risk of crudeness in some of its views of the
subject. If there be errors, they can do no harm
when under your controul.