of the act of attainder in any part of the proceedings. He pleaded that he was a British subject, authorized to bear arms by a commission from Lord Dunmore; that he was therefore a mere prisoner of war, and under the protection of the law of nations. The court being of opinion that a commission from an enemy could not protect a citizen in deeds of murder and robbery, overruled his plea; he was found guilty by his jury, sentenced by the court, and executed by the ordinary officer of justice, and all according to the forms and rules of the common law."

I recommend an examination of the records for ascertaining the facts of this case, for although my memory assures me of the leading ones, I am not so certain in my recollection of the details. I am not sure of the character of the particular crimes committed by Philips, or charged in his indictment, whether his plea of alien enemy was formally put in and overruled, what were the specific provisions of the act of attainder, the urgency which caused it to be read three times in one day, if the fact were, &c., &c.

SIR,-Your favor of January the 30th was received after long delay on the road, and I have to thank you for the volume of discourses which you have been so kind as to send me. I have gone over them with great satisfaction, and concur with the able preacher in his estimate of the character of the belligerents in our late war, and lawfulness of defensive war. I consider the war, with him, as "made on good advice," that is, for just causes, and its dispensation as providential, inasmuch as it has exercised our patriotism and submission to order, has planted and invigorated among us arts of urgent necessity, has manifested the strong and the weak parts of our republican institutions, and the excellence of a representative democracy compared with the misrule of kings, has rallied the opinions of mankind to the natural rights of expatriation, and of a common property in the ocean, and [This is endorsed "not sent."]

raised us to that grade in the scale of nations which the bravery and liberality of our citizen soldiers, by land and by sea, the wisdom of our institutions and their observance of justice, entitled us to in the eyes of the world. All this Mr. McLeod has well proved, and from those sources of argument particularly which belong to his profession. On one question only I differ from him, and it is that which constitutes the subject of his first discourse, the right of discussing public affairs in the pulpit. I add the last words, because I admit the right in general conversation and in writing; in which last form it has been exercised in the valuable book you have now favored me with.

The mass of human concerns, moral and physical, is so vast, the field of knowledge requisite for man to conduct them to the best advantage is so extensive, that no human being can acquire the whole himself, and much less in that degree necessary for the instruction of others. It has of necessity, then, been distributed into different departments, each of which, singly, may give occupation enough to the whole time and attention of a single individual. Thus we have teachers of Languages, teachers of Mathematics, of Natural Philosophy, of Chemistry, of Medicine, of Law, of History, of Government, &c. Religion, too, is a separate department, and happens to be the only one deemed requisite for all men, however high or low. Collections of men associate together, under the name of congregations, and employ a religious teacher of the particular sect of opinions of which they happen to be, and contribute to make up a stipend as a compensation for the trouble of delivering them, at such periods as they agree on, lessons in the religion they profess. If they want instruction in other sciences or arts, they apply to other instructors; and this is generally the business of early life. But I suppose there is not an instance of a single congregation which has employed their preacher for the mixed purposes of lecturing them from the pulpit in Chemistry, in Medicine, in Law, in the science and principles of Government, or in anything but Religion exclusively. Whenever, therefore, preachers, instead of a lesson in religion, put them off with a discourse on the Copernican system, on chemical affin

ities, on the construction of government, or the characters or conduct of those administering it, it is a breach of contract, depriving their audience of the kind of service for which they are salaried, and giving them, instead of it, what they did not want,

Thus, for ex

if wanted, would rather seek from better sources in that particular art or science. In choosing our pastor we look to his religious qualifications, without inquiring into his physical or political dogmas, with which we mean to have nothing to do. I am aware that arguments may be found, which may twist a thread of politics into the cord of religious duties. So may they for every other branch of human art or science. ample, it is a religious duty to obey the laws of our country; the teacher of religion, therefore, must instruct us in those laws, that we may know how to obey them. It is a religious duty to assist our sick neighbors; the preacher must, therefore, teach us medicine, that we may do it understandingly. It is a religious duty to preserve our own health; our religious teacher, then, must tell us what dishes are wholesome, and give us recipes in cookery, that we may learn how to prepare them. And so, ingenuity, by generalizing more and more, may amalgamate all the branches of science into any one of them, and the physician who is paid to visit the sick, may give a sermon instead of medicine, and the merchant to whom money is sent for a hat, may send a handkerchief instead of it. But notwithstanding this possible confusion of all sciences into one, common sense draws lines between them sufficiently distinct for the general purposes of life, and no one is at a loss to understand that a recipe in medicine or cookery, or a demonstration in geometry, is not a lesson in religon. I do not deny that a congregation may, if they please, agree with their preacher that he shall instruct them in Medicine also, or Law, or Politics. Then, lectures in these, from the pulpit, become not only a matter of right, but of duty also. But this must be with the consent of every individual; because the association being voluntary, the mere majority has no right to apply the contributions of the minority to purposes unspecified in the agreement of the congregation. I agree, too, that on all other occa

sions, the preacher has the right, equally with every other citizen, to express his sentiments, in speaking or writing, on the subjects of Medicine, Law, Politics, &c., his leisure time being his own, and his congregation not obliged to listen to his conversation or to read his writings; and no one would have regretted more than myself, had any scruple as to this right withheld from us the valuable discourses which have led to the expression of an opinion as to the true limits of the right. I feel my portion of indebtment to the reverend author for the distinguished learning, the logic and the eloquence with which he has proved that religion, as well as reason, confirms the soundness of those principles on which our government has been founded and its rights asserted.

These are my views on this question. They are in opposition to those of the highly respected and able preacher, and are, therefore, the more doubtingly offered. Difference of opinion leads to inquiry, and inquiry to truth; and that, I am sure, is the ultimate and sincere object of us both. We both value too much the freedom of opinion sanctioned by our constitution, not to cherish its exercise even where in opposition to ourselves.

Unaccustomed to reserve or mystery in the expression of my opinions, I have opened myself frankly on a question suggested by your letter and present. And although I have not the honor of your acquaintance, this mark of attention, and still more the sentiments of esteem so kindly expressed in your letter, are entitled to a confidence that observations not intended for the public will not be ushered to their notice, as has happened to me sometimes. Tranquillity, at my age, is the balm of life. While I know I am safe in the honor and charity of a McLeod, I do not wish to be cast forth to the Marats, the Dantons, and the Robespierres of the priesthood; I mean the Parishes, the Ogdens, and the Gardiners of Massachusetts.

I pray you to accept the assurances of my esteem and respect.

TO CESAR A. RODNEY.

MONTICELLO, March 16, 1815

MY DEAR FRIEND AND ANCIENT COLLEAGUE,-Your letter of February the 19th has been received with very sincere pleasure. It recalls to memory the sociability, the friendship, and the harmony of action which united personal happiness with public duties, during the portion of our lives in which we acted together. Indeed, the affectionate harmony of our cabinet is among the sweetest of my recollections. I have just received a letter of friendship from General Dearborne. He writes me that he is now retiring from every species of public occupation, to pass the remainder of life as a private citizen; and he promises me a visit in the course of the summer. As you hold out a hope of the same gratification, if chance or purpose could time your visits together, it would make a real jubilee. But come as you will, or as you can, it will always be joy enough to me. Only you must give me a month's notice; because I go three or four times a year to a possession ninety miles southwestward, and am absent a month at a time, and the mortification would be indelible of losing such a visit by a mistimed absence. You will find me in habitual good health, great contentedness, enfeebled in body, impaired in memory, but without decay in my friendships.

Great, indeed, have been the revolutions in the world, since you and I have had anything to do with it. To me they have been like the howlings of the winter storm over the battlements, while warm in my bed. The unprincipled tyrant of the land is fallen, his power reduced to its original nothingness, his person only not yet in the mad-house, where it ought always to have been. His equally unprincipled competitor, the tyrant of the ocean, in the mad-house indeed, in person, but his power still stalking over the deep. "Quem dues vult perdere, prius dementat." The madness is acknowledged; the perdition of course impending. Are we to be the instruments? A friendly, a just, and a reasonable conduct on their part, might make us the main pillar of their prosperity and existence. But their deep-rooted