nor is he liable to action by the party grieved. And our form of government constituting its respective functionaries judges of the law which is to guide their decisions, places all within the same reason, under the safeguard of the same rule. That in deciding and acting under the law in the present case, the plaintiff, who may think there was error, does not himself believe there was corruption or malice, I am confident. What? was it my malice or corruption which prompted the Governors and Cabildoes to keep these grounds clear of intrusion? Did my malice and corruption excite the people to rise, and stay the parricide hand uplifted to destroy their city, or the grand jury to present this violator of their laws? Was it my malice and corruption which penned the opinion of the Attorney General, and drew from him a confirmation, after two years of further consideration, and when I was retired from all public office? Was it my malice or corruption which dictated the unanimous advice of the heads of departments, when officially called on for consultation and advice? Was it my malice and corruption which procured the immediate thanks of the two houses of legislature of the territory of Orleans, and a renewal of the same thanks *for the same interference, in their late vote of February last? Has it been my malice and corruption which has induced the national legislature, through five successive sessions, to be deaf to the doleful Jeremiads of the plaintiff on his removal from his estate at New Orleans? Have all these opinions then been honest, and mine alone malicious and corrupt? Or has there been a general combination of all the public functionaries Spanish, French, and American, to oppress Mr. Livingston? No. They have done their duties, and his Declaration is a libel on all these functionaries. His counsel, indeed, has discovered [Opinions LXXIV] that we should have had legal inquests taken, writs of enquiry formed, prosecutions for penalties, with all the et cæteras of the law. That is that we should be playing pushpin with judges and lawyers, while Livingston was working double tides to drown the city. If a functionary of the highest trust, acting under every sanction which the constitution has 80* १ 4 604 JEFFERSON'S WORKS. provided for his aid and guide, and with the approbation, expressed or implied, of its highest councils, still acts on his own peril, the honors and offices of his country would be but snares to ruin him. It is not for me to enquire into the motives of the plaintiff in this action. I know that his understanding is of an order much too high to let him believe that he is to recover the value of the batture from me. To what indirect object he may squint with one eye, while the other looks at me, I do not pretend to say. But I do say, that if human reason is not mere illusion, and law a labyrinth without a clue, no error has been committed and recurring to the tenor of a long life of public service, against the charge of malice and corruption I stand conscious and erect. TH: JEFFERSON. MONTICELLO, July 31, 1810. For Mr. Livingston's Answer, see Hall's American Law Journal, Vol. 5, p. 118, of the Baltimore edition of 1814. INDEX TO VOL. VIII. ALBINOS-Description of, 318. BARBARY STATES-Our relations with, 8, Case of Hamet Caremalli ex-Bashaw BERLIN AND MILAN DECREES-Character BURR, AARON-His conspiracy, 71, 78, 87. CARRYING TRADE-Condition of, 16. CHESAPEAKE, THE-Case of, 83, 102, 106, CLASSICS-Study of, should not be neg- DEBT, PUBLIC-Reduction of, 19, 26, 39, DELUGE Reasons against a general Del- ENGLAND-Negotiations with, 70. FEVER, YELLOW-Its ravages, 46. 26. FOREIGN RELATIONS-40, 47, 62, 85, 102, 106. FRANKLIN, BENJAMIN-Anecdotes of, 497. GOVERNMENT—Principles of, as set forth Benefits of Republican, 148. HENRICK, THE-Case of, 22. IMPRESSMENT--Our remonstrances against, 58. IMPROVEMENT, INTERNAL-The Cumberland INDIANS Their improvement, 7, 51, 118, 185, 191, 210, 214, 219, 226, 229. 37, 42, 66, 85, 106, 172, 184, 186. 52, 93, 94, 108, 190, 192, 199, 206, Relations with, during revolutionary Our policy towards, 186, 188, 192, Prohibition of sale of spirituous li- Warned against uniting with English Virginia Indians, 336. Catalogue of tribes of, 346. The character of the races of, 304. Efforts to preserve peace between, Tribes of sea board, 434, 437. JEFFERSON, THOMAS-Declines being a JUDICIARY-Re-organization of, 13. KOSCIUSKO, GEN.—Biographical sketch of, 480. Lewis, MerriwetHER-Biographical sketch LEWIS AND CLARKE-Their expedition, 59, 66. LOGAN'S SPEECH-Account of, 308. Organization of government of, 36. MAMMOTH, THE-An account of, 286. 109. MASSACHUSETTS-Extension of Republican NATURALIZATION-Revision of laws of, 14. NEUTRALITY-Our true policy, 28. Violations of our neutral territory, Right of neutrals to trade with Bel- Berlin and Milan decrees inconsistent Violations of our Neutrality, 103, OFFICES--Principles on which distributed, 114. ORLEANS, NEW--Title to the Batture at, 99. PRESS, THE-The licentiousness of, how RANDOLPHI, PEYTON-Biographical sketch RELIGION Should be free, 113, 137, 138. SLAVERY--Roman and American slavery Its effects on manners, 403. SLAVES--Emancipation of, 380. Compared with whites, 381. SLAVE TRADE-Suppression of, 67, 334. Difficulties with, 48, 60, 62. TAXATION-Direct taxes should be abol- UNITED STATES--Treasonable combinations VIRGINIA--Boundaries of, 249. VIRGINIA-Rivers of, 250. Mountains of, 263. Scenery at Harper's Ferry, 264, 429. Mines, minerals, trees, and plants, 270. Mineral Springs of, 279. Whether animals degenerate in Amer The fish of, 319. Changes in climate, 327. Population of, 328. Immigration not desirable, 330. Militia and regular troops of, 334. Indians in, 336, 434. Logan's Speech, 309, 457. Indian burial places, 341, 440. Counties, cities, townships, and vil- Charters of, 352. Oppressions of George III, 358. Convention of 1776, not authorized Negro slavery in, 380. Bill proportioning crimes and pun- School System of, 386. Public buildings of, 394. Property of Tories and English, how 397. Religious sects of, 398. Religious tolerance, 401. Manners, customs, &c., of Virginians, Commerce and manufactures of, 404. Wheat and tobacco culture com- VIRGINIA-Copy of a constitution for, sub- | WAR-Defensive works, 111. mitted in 1783, 409. Weights, coins, and measures of, Public income and expenses, 410. WAR-Preparations for, 86. Our only alternative, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, WESTERN COUNTRY-Exploration of, 66. WILLIAM AND MARY COLLEGE-History of, 391. |