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continued to be our law； because the nation continued in being； &
because though it changed the organs for the future declarations of
its will； yet it did not change its former declarations that the
common law was it's law。 Apply these principles to the present case。
Before the revolution there existed no such nation as the U S； they
then first associated as a nation； but for special purposes only。
They had all their laws to make； as Virginia had on her first
establishment as a nation。 But they did not； as Virginia had done；
proceed to adopt a whole system of laws ready made to their hand。 As
their association as a nation was only for special purposes； to wit；
for the management of their concerns with one another & with foreign
nations； and the states composing the association chose to give it
powers for those purposes & no others； they could not adopt any
general system； because it would have embraced objects on which this
association had no right to form or declare a will。 It was not the
organ for declaring a national will in these cases。 In the cases
confided to them； they were free to declare the will of the nation；
the law； but till it was declared there could be no law。 So that the
common law did not become； ipso facto； law on the new association； it
could only become so by a positive adoption； & so far only as they
were authorized to adopt。
I think it will be of great importance； when you come to the
proper part； to portray at full length the consequences of this new
doctrine； that the common law is the law of theU S； & that their
courts have； of course； jurisdiction co…extensive with that law； that
is to say； general over all cases & persons。 But； great heavens！
Who could have conceived in 1789 that within ten years we should have
to combat such windmills。 Adieu。 Yours affectionately。
IDEAS FOR A UNIVERSITY
_To Dr。 Joseph Priestley_
_Philadelphia； Jan。 18； 1800_
DEAR SIR； I have to thank you for the pamphlets you were so
kind as to send me。 You will know what I thought of them by my
having before sent a dozen sets to Virginia to distribute among my
friends。 Yet I thank you not the less for these； which I value the
more as they came from yourself。 The stock of them which Campbell
had was； I believe； exhausted the first or second day of advertising
them。 The Papers of political arithmetic； both in your & Mr。
Cooper's pamphlets； are the most precious gifts that can be made to
us； for we are running navigation mad； & commerce mad； & navy mad；
which is worst of all。 How desirable is it that you could pursue
that subject for us。 From the Porcupines of our country you will
receive no thanks； but the great mass of our nation will edify &
thank you。 How deeply have I been chagrined & mortified at the
persecutions which fanaticism & monarchy have excited against you；
even here！ At first I believed it was merely a continuance of the
English persecution。 But I observe that on the demise of Porcupine &
division of his inheritance between Fenno & Brown； the latter （tho'
succeeding only to the _federal_ portion of Porcupinism； not the
_Anglican_； which is Fenno's part） serves up for the palate of his
sect； dishes of abuse against you as high seasoned as Porcupine's
were。 You have sinned against church & king； & can therefore never
be forgiven。 How sincerely have I regretted that your friend； before
he fixed his choice of a position； did not visit the vallies on each
side of the blue ridge in Virginia； as Mr。 Madison & myself so much
wished。 You would have found there equal soil； the finest climate &
most healthy one on the earth； the homage of universal reverence &
love； & the power of the country spread over you as a shield。 But
since you would not make it your country by adoption； you must now do
it by your good offices。 I have one to propose to you which will
produce their good； & gratitude to you for ages； and in the way to
which you have devoted a long life； that of spreading light among
men。
We have in that state a college （Wm。 & Mary） just well enough
endowed to draw out the miserable existence to which a miserable
constitution has doomed it。 It is moreover eccentric in it's
position； exposed to bilious diseases as all the lower country is； &
therefore abandoned by the public care； as that part of the country
itself is in a considerable degree by it's inhabitants。 We wish to
establish in the upper & healthier country； & more centrally for the
state； an University on a plan so broad & liberal & _modern_； as to
be worth patronizing with the public support； and be a temptation to
the youth of other states to come and drink of the cup of knowledge &
fraternize with us。 The first step is to obtain a good plan； that
is； a judicious selection of the sciences； & a practicable grouping
of some of them together； & ramifying of others； so as to adapt the
professorships to our uses & our means。 In an institution meant
chiefly for use； some branches of science； formerly esteemed； may be
now omitted； so may others now valued in Europe； but useless to us
for ages to come。 As an example of the former； the oriental
learning； and of the latter； almost the whole of the institution
proposed to Congress by the Secretary of war's report of the 5th
inst。 Now there is no one to whom this subject is so familiar as
yourself。 There is no one in the world who； equally with yourself；
unites this full possession of the subject with such a knowledge of
the state of our existence； as enables you to fit the garment to him
who is to _pay_ for it & to _wear_ it。 To you therefore we address
our solicitations； and to lessen to you as much as possible the
ambiguities of our object； I will venture even to sketch the sciences
which seem useful & practicable for us； as they occur to me while
holding my pen。 Botany； Chemistry； Zoology； Anatomy； Surgery；
Medicine； Natl Philosophy； Agriculture； Mathematics； Astronomy；
Geology； Geography； Politics； Commerce； History； Ethics； Law； Arts；
Finearts。 This list is imperfect because I make it hastily； and
because I am unequal to the subject。 It is evident that some of
these articles are too much for one professor & must therefore be
ramified； others may be ascribed in groups to a single professor。
This is the difficult part of the work； & requires a head perfectly
knowing the extent of each branch； & the limits within which it may
be circumscribed； so as to bring the whole within the powers of the
fewest professors possible； & consequently within the degree of
expence practicable for us。 We should propose that the professors
follow no other calling； so that their whole time may be given to
their academical functions； and we should propose to draw from Europe
the first characters in science； by considerable temptations； which
would not need to be repeated after the first set should have
prepared fit