“The Characters, I So much admire among the ancients,” were not “formed wholly by Republican forms of Government”—1 I admire, Phillip and Alexander, as much as I do Themistocles and Pericles, nay as much as Demosthenes— I admire Pisistratus, almost as much as solon: and think that the Arts, Elegance, Literature and Science of Athens, was his Work and that of his sons, more than of any or all the popular Commanders or oraters.

The two Republicks of Antiquity, that I most admire are Sparta and Rome, and these were both monarchical Republicks.— Athens indeed was ballanced, with great Care and some Art, till Aristides 118 overturned the Constitution to make himself popular, and acquire the Title of just, so that I think the Man who voted to ostracise him because he was called just by the Mob, was a Man of Sense, Spirit and Virtue.—

You doubt whether Titles overawe the profligate.— You ask where do I find more profligate manners, than among the Citizens of London?— I am almost disposed to answer You, by Saying, in Boston, in New York, in Philadelphia.— I assure You, my friend I wish my dear Countrymen had less Vanity and more Pride. The Advantages We have, over Europe, are chiefly geographical— I see very little moral or political Preference.— as far as I can judge there is as much Vice, Folly, and more Infidelity Idleness Luxury and Dissipation, in any of our great Towns, in Proportion to Numbers, as in London.— But the Question Should be what would be, the degree of Profligacy in London, if there were no Titles? and I Seriously believe it would be much greater than it is.— Nay I dont believe it would be possible to Support any Government at all, among Such Multitudes without Distinctions of Rank and the Titles that mark them.— According to what I have Seen in England, as well as France Holland Spain and Germany, there is nothing Strikes and overawes the most abandoned of the Populace so much as Titles.

Whether Titles beget Pride in Rulers, or not is not an Argument.— Would you reject every Thing that begets Pride? if you do you must reject Virtue, which begets the most exquisite, exalted and unconquerable Pride.— You must reject Laws, Government, offices of all Kind, and even Religion. Spiritual Pride, has grown out of Religion. Would you reject religion.—

Men who will be made proud by a Title, will be made so by an office without a Title.—

But Why Should Titles beget Baseness among the common People?— Respect, Reverence, Submission and Obedience to the Laws and lawful Magistrates You would wish to see both in the virtuous and vicious of the common People. if Obedience cannot be obtained from the vicious without begetting Baseness, by which I suppose you mean fear, why should you object to that.— But Titles have no Tendency to beget Baseness in poor Men who are virtuous, more than offices without Titles.— But I must insist that Laws are made and Magistrates appointed on Purpose, to create Fear, & Terror in the Minds of the vicious, and if Titles will Save you the Expence of Gallows, Stocks Whipping Posts, or the Pain of employing them, why not Use them? if Titles will do instead of Armies and Navies, or 119 any Part of them, why reject them? Dont the Gallows beget Baseness in the common People?— Would you have no Gallows? dont a prison beget Baseness? Would you have no Prison?— dont all Sorts of Punishments beget Baseness? would you abolish all Punishments?

You Say the conquered Provinces first introduced Titles into the Roman Empire.— But in this I believe you are mistaken.— had the Kings of Rome, no Titles?— Vir amplissimus—Vir Clarissimus. Vir amplissimus Consul.— Vir Summus. These were familiar among them, in the Simplest times.

Historians indeed never use Titles.— but Titles were Used in Life, and had their Influence.—

1 The Romans conferred Titles very early, e.g. Manlius, Capitolinus, and very late as Scipio Africanus.— These Titles, were very common and had great Influence, for they carried with them the Ideas of Tryumphs and Glory, beyond any Titles in our Times.

2 They managed their Agnomen, Cognomen and Nomen in a manner, to influence the People, as much as our Titles.— Cicero tells us, what was their Custom “Nomen cum dicimus, cognomen quoque et agnomen, intelligatur, oportet.”2

1 The Prænomen was, our Christian Name. 2. The Nomen was the Name of a Race, or Gens.— as all descended from Julus the son of Eneas the son of Venus, were called Julii, and were accounted divine. 3. The Cognomen distinguished different Families of the Same Race. for Gens signified the whole and Familia a Part.— Those of the Same Gens were called Gentiles, (whence our Word Genteel and Gentleman)— Those of the Same Family Agnati. 4 The Agnomen, like Scipio Africanus and Scipio Asiaticus, has been mentioned before.— Julius Signified the Gens and Cæsar the Familia.

As these Families and Races, happened to be of consular Prætorian, or Tribunitian Dignity, or even only of patrician Dignity, their names carried more Influence, than the Titles of Princes, Dukes, Marquises, Earls Barons do at this day in Europe, for We must always recollect, that these Families and Offices were all consecrated: and consequently Struck the Roman Mind which was certainly more Superstitious, if not more religious than ours, with an holy Awe.— in order to form some Idea of the religious Veneration, approaching to Adoration, which the Roman Policy inspired into the Minds of their Citizens towards their Magistracies and the Races and Families which exercised them We must recollect their, Leges Sacratæ. and what was a Lex Sacrata? Sacratæ leges Sunt, (inquit Festus) quibus Sancitum est, qui quid adversus eas fecerit, Sacer alicui deorum Sit, 120 cum familia, pecuniaque.—3 There were several of these Sacred Laws, by which all their Magistrates were protected. The Lex Sacrata, passed upon the holy Mountain, for the Security of the Tribunes, is in Dionysius as follows “Tribunum nemo in ordinem redigito, neque invitum quidquam facere cogito, nec verberato, nec alium verberare jubeto. Si quis contra fecerit, Sacer esto, et bona ejus Cereri Sacra Sunto: et qui eum occiderit, purus a cæde esto.— hanc legem omnes juraverunt Seque et Posteros in Sempiternum observaturos.[”]—4 only consider the Effect of taking an Oath by all the People to observe this Law.

Now sir, I contend, that as Consuls, Præters, Tribunes &c were consecrated Officers, the Title of Sacrosanctus belonged to them all, and was little short of that of Sacred Majesty.— I Say farther that Patres Conscripti, was an higher Title than My Lords, or most Honourable, and that the Names of Sacred Gentes, et Familiæ, had greater Influence among the Romans than modern European Titles.

Never Let me again hear the Romans quoted, as neglecting or despizing Titles.— if I do, I will persecute You with more latin. Yours affectionately

I did not receive your very obliging favour of the 10th: inst: till yesterday, when I returned from the eastern Circuit. I have heard that the Judicial bill has been passed in the Senate without any alterations respecting the general plan of the judicial system. But you seem 121 to think great changes may be made in it in the house of Representatives—that the district Judges may be annihilated altogether, and the number of Supreme Judges as well as the number of Circuits doubled. It appears to me indispensably necessary to have district Judges who shall have jurisdiction of all Admiralty matters, and whatever may in any way concern the Revenue. This I mean as to the begining of things; and that all causes at Common Law, whether between the Citizens of different states, or foreigners and Citizens, shou’d originate in the Supreme Common Law Courts of the respective States, wherever the Justices thereof are appointed during good behaviour, and have fixed permanent salaries annexed to their offices; but that where this is not the case, that all such Causes may be originated in the federal district Court, or if you please shall be so originated, with the right of appeal to the Circuit Court, upon either plan, when judgment shall be given against the foreigner or the Citizen of another State, but no appeal from the judgment of the Supreme Common Law Courts when the judgment shall be in their favour: it appearing reasonable to me that every Citizen ought to sit down quiet under the judgments of their own Supreme Courts. A provision of this nature wou’d probably have the happy effect of bringing on a speedy establishment of the Sup: Com: Law Courts upon their only proper ground, in every State where they are now differently constituted. It has been my opinion from the first, that an augmentation of the Judges of the Supreme Federal Court wou’d be found necessary, say to nine; but I do by no means think so as to the number of Circuits. The Circuit Courts are to be holden twice a year in each State which will be sufficient, at least for some years to come. I understand an idea is gaining ground in the House of Representatives, of annihilating the district Judges, and throwing all the Admiralty & Revenue Causes originally into the State Sup: Judicial Courts. This wou’d, in my opinion, be exceedingly impolitic, as it wou’d not only be difficult to withdraw such Causes from their Jurisdiction when it shou’d be found inconvenient to continue them under it, but wou’d also infallibly have a strong tendency to render those Courts, if they shou’d discharge their duty in Revenue Causes, very unpopular, serve to lessen that opinion of their impartiality, which ought ever to be kept up among the people at large, to weaken their authority, and of course the respect for the Laws, and for Government itself; These appear to me but a part of the fatal consequences which wou’d ensue from such a temporizing system. Tho’ 122 œconomy is held up as the ostensible ground of such a system, yet it seems to be in realty nothing less than an unpardonable thirst for popularity— I have seen a letter from a Representative, in which he says, that when Salaries are under consideration (alluding to the judicial System) nothing less than 2, or 3000 Dollrs: comports with the ideas of some Gentlemen; because they say no Man of Respectability in the Law wou’d accept any office under such a salary. What may be the case of certain Law characters I do not know: but I shou’d think 1500 wou’d not be rejected by any one in this State who shou’d be appointed district judge, and a considerably lesser sum might do in the smaller States—1

I agree with you touching the characters you have named as Candidates for the Judicial Departments, except the Gentleman whose condemnations, you say, have immortalized his name. He is a friend of mine, a good federal character: but, between us, not fit for such an appointment. He is not a Lawyer.2

Whether in the case you mention, the Governour cou’d be persuaded to appoint Mr: L. I am much at a loss. I fear he wou’d rather nominate Sullivan or Hitchbourn, if he thought his Council wou’d advise to their appointment.—

I was sincere when I told you that I did not wish for an appointment upon the Sup: Federal Bench. Our Chief Justice or Lowell wou’d be worthy Members of that Court. yet I doubt whether the former wou’d accept of a Seat there, on account of their distant employment at certain times. His abilities are equal to that station. Jay wou’d give universal satisfaction, but I have thought he wou’d rather prefer his present office. The Gentn: you mention for the District of Main is not only the fittest Man, but the only fit one within that District: But our present Sup: Jud: Court must not be entirely changed: for to tell you a truth, I know not where their places can be equally well filled. I shou’d dread the appointment of some persons, under the present Administration, as the greatest curse that could fall on this Commonwealth. You know whom I allude to.

I feel myself infinitely obliged to you for the favourable sentiments you have been pleased to express of me. It is my highest ambition to merit in some degree the good opinion of all good men.

We beg your & your Lady’s acceptance of our most sincere regards, and we shall be ever happy in keeping up that friendly connection which has been formed between us.

I am, dear Sir, with much respect & esteem / Your obliged friend & humble Servant