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who join in attacking the liberties of France may end in the attainment of their own. I still hope this will not find you in Europe & therefore add nothing more than assurances of affectionate esteem from Dr. Sir Your sincere friend & servt.

TO JAMES MADISON.

J.MSS.

PHILADELPHIA, June 21, 1792.

DEAR SIR,-Your No. 1. came to hand two days ago. When I inclosed you the papers of the last week I was too much hurried to write. I now therefore write earlier & inclose only one of Fenno's papers. The residue of the New York election was as follows:

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The Otsego votes were rejected, about 1000 in number, of which Jay had about 850. say a majority of 700. so that he was really governor by a majority of 500. votes according to his friends.

The Clintonians again tell strange tales about these votes of Otsego.

I inclose you two New York papers which will put you fully in posession of the whole affair. Take care of them if you please, as they make part of a collection. It does not seem possible to defend Clinton as a just or disinterested man if he does not decline the

Office, of which there is no symptom; and I really apprehend that the cause of republicanism will suffer and its votaries be thrown into schism by embarking it in support of this man, and for what? to draw over the antifederalists who are not numerous enough to be worth drawing over.

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I have lately seen a letter from receiving his appointment.' He pleads guilty to the charge of indiscretion hitherto and promises for the future the most measured circumspection, and in terms which mark him properly & gratefully impressed with the counsel which had been given him pretty strongly as you know. I have made out my table, but instead of setting the proportion of the debt of each country to it's population, I have done it to its revenues. It is as follows:

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I have not yet examined into the debt of the U. S. but I suppose it is to be about 20 years revenue, and consequently that tho' the youngest nation in the world we are the most indebted nation also. I did not go into the debt & revenues of the United Netherlands, because they are so jumbled between general & provincial, & because a great deal of their debt, is made by borrowing at low interest & lending it at high, & consequently not only this part is to be struck off from the amount of their debt, but so much of the residue of it also as has its interest paid by this means. -Brandt, the famous Indian is arrived here; he dined with the P. yesterday, will dine with Knox to-day, Hammond on Sunday, the Presidt. on Monday.

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DEAR SIR,-I received in due time your favor of May 28. with the notes it contained on the subject of Waste. Your view of the subject as far as it goes, is perfectly proper. Perhaps in such a question in this country, where the husbandry is so different, it might be necessary to go further & enquire whether any difference of this kind should produce a difference in the law. The main objects of the law of waste in England are: 1. to prevent any disguise of the lands which might lessen the reversioner's evidence of title, such as the change of pasture into arable & 2. to prevent any deterioriation of it, as the cutting down forest, which in England is an injury, so careful is the law there against permitting a deterioration of the

land, that tho' it will permit such improvements in the same line, as manuring arable lands, leading water into pasture lands, &c., yet it will not permit improvements in a different line, such as erecting buildings, converting pasture into arable &c. lest these should lead to a deterioration. Hence we might argue in Virginia that tho' the cutting down of forest is, in our husbandry, rather an improvement generally, yet it is not so always, and that therefore it is safer never to admit it. Consequently there is no reason for adopting different rules of waste here from those established in England.

Your objection to Ld. Kaims that he is too metaphysical is just, and it is the chief objection to which his writings are liable. It is to be observed also that tho' he has given us what should be the system of equity, yet it is not the one actually established, at least not in all it's parts. The English Chancellors have gone on from one thing to another without any comprehensive or systematic view of the whole field of equity, and therefore they have sometimes run into inconsistencies & contradictions.

Never fear the want of business. A man who qualifies himself well for his calling never fails of employment in it. The foundation you will have laid in legal reading will enable you to take a higher ground than most of your competitors, & even ignorant men can see who it is that is not one of themselves. on then with courage, and you will be sure of success; for which be assured no one wishes more ardently, nor has more sincere sentiments of friendship towards you than Dear Sir Your affectionate friend.

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TO JAMES MONROE,

J. MSS. PHILADELPHIA, June 23d, 1792.

DEAR SIR,-Supposing the particulars of the New York election interesting to you, I will give you a statement of the votes, as follows:

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On the result of these votes Clinton was declared elected. The canvassers set aside the votes of the county of Otsego, where Jay had about 850 v Clinton 150, which would have given a majority to Jay. The reason of setting them aside was, that the election was held by the sheriff of the last year, the new one not being yet qualified.

The Jayites say he was sheriff de facto, and, therefore, his proceedings, being in favor of public right, are valid : and that it was Clinton's fault that there was not a new sheriff.

The Clintonians answer that a new commission had been in good time delivered to Judge Cooper, the Bashaw of Otsego, furious partisan of Jay, who, finding the ex-sheriff strongly in favor of Jay & the new one neutral, kept the commission in his pocket: they say that had all the good votes set aside for irregularity in

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