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To John Breckinridge Philadelphia, Jan. 29, 1800
DEAR SIR, -- Your favor of the 13th has been duly received, as
had been that containing the resolutions of your legislature on the
subject of the former resolutions. I was glad to see the subject
taken up, and done with so much temper, firmness and propriety. From
the reason of the thing I cannot but hope that the Western country
will be laid off into a separate Judiciary district. From what I
recollect of the dispositions on the same subject at the last
session, I should expect that the partiality to a general & uniform
system would yield to geographical & physical impracticabilities. I
was once a great advocate for introducing into chancery viva voce
testimony, & trial by jury. I am still so as to the latter, but have
retired from the former opinion on the information received from both
your state & ours, that it worked inconveniently. I introduced it
into the Virginia law, but did not return to the bar, so as to see
how it answered. But I do not understand how the viva voce
examination comes to be practiced in the Federal court with you, &
not in your own courts; the Federal courts being decided by law to
proceed & decide by the laws of the states.
A great revolution has taken place at Paris. The people of
that country having never been in the habit of self-government, are
not yet in the habit of acknoleging that fundamental law of nature,
by which alone self government can be exercised by a society, I mean
the lex majoris partis. Of the sacredness of this law, our
countrymen are impressed from their cradle, so that with them it is
almost innate. This single circumstance may possibly decide the fate
of the two nations. One party appears to have been prevalent in the
Directory & council of 500. the other in the council of antients.
Sieyes & Ducos, the minority in the Directory, not being able to
carry their points there seem to have gained over Buonaparte, &
associating themselves with the majority of the Council of antients,
have expelled (*) 120. odd members the most obnoxious of the minority
of the Elders, & of the majority of the council of 500. so as to give
themselves a majority in the latter council also. They have
established Buonaparte, Sieyes & Ducos into an executive, or rather
Dictatorial consulate, given them a committee of between 20. & 30.
from each council, & have adjourned to the 20th of Feb. Thus the
Constitution of the 3d year which was getting consistency & firmness
from time is demolished in an instant, and nothing is said about a
new one. How the nation will bear it is yet unknown. Had the
Consuls been put to death in the first tumult & before the nation had
time to take sides, the Directory & councils might have reestablished
themselves on the spot. But that not being done, perhaps it is now
to be wished that Buonaparte may be spared, as, according to his
protestations, he is for liberty, equality & representative
government, and he is more able to keep the nation together, & to
ride out the storm than any other. Perhaps it may end in their
establishing a single representative & that in his person. I hope it
will not be for life, for fear of the influence of the example on our
countrymen. It is very material for the latter to be made sensible
that their own character & situation are materially different from
the French; & that whatever may be the fate of republicanism there,
we are able to preserve it inviolate here: we are sensible of the
duty & expediency of submitting our opinions to the will of the
majority and can wait with patience till they get right if they
happen to be at any time wrong. Our vessel is moored at such a
distance, that should theirs blow up, ours is still safe, if we will
but think so.
(*) 60. were expelled from the 500, so as to change the
majority there to the other side. It seems doubtful whether any were
expelled from the Antients. The majority there was already with the
Consular party.
I had recommended the enclosed letter to the care of the
postmaster at Louisville; but have been advised it is better to get a
friend to forward it by some of the boats. I will ask that favor of
you. It is the duplicate of one with the same address which I
inclosed last week to mr. Innes & should therefore go by a different
conveyance. I am with great esteem dear sir
your friend & servant.
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