of its execution; but do not be discouraged by small difficulties; make it as perfect as you can at a first essay, and depend on amending its defects as they develope themselves in practice.  I hope it will meet with your approbation and patronage.  It is the only thing which can yield us a little present protection against the dominion of a faction, while circumstances are maturing for bringing and keeping the government in real unison with the spirit of their constituents.  I am aware that the act of Congress has directed that juries shall be appointed by lot or otherwise, as the laws now (at the date of the act) in force in the several States provide.  The New England States have always had them elected by their selectmen, who are elected by the people.  Several or most of the other States have a large number appointed (I do not know how) to attend, out of whom twelve for each cause are taken by lot.  This provision of Congress will render it necessary for our Senators or Delegates to apply for an amendatory law, accommodated to that prayed for in the petition.  In the mean time, I would pass the law as if the amendatory one existed, in reliance, that our select jurors attending, the federal judge will under a sense of right direct the juries to be taken from among them.  If he does not, or if Congress refuses to pass the amendatory law, it will serve as eye-water for their constituents.  Health, happiness, safety, and esteem to yourself and my ever honored and ancient friend Mr. Pendleton.  Adieu.

Th:  Jefferson.

LETTER CCXLIII.—­TO JAMES MADISON, January 3, 1799

TO JAMES MADISON.

Philadelphia, January 3, 1799.

Dear Sir,

I have suffered the post hour to come so nearly on me, that I must huddle over what I have more than appears in the public papers.  I arrived here on Christmas day, not a single bill or other article of business having yet been brought into Senate.  The President’s speech, so unlike himself in point of moderation, is supposed to have been written by the military conclave, and particularly Hamilton.  When the Senate gratuitously hint Logan to him, you see him in his reply come out in his genuine colors.  The debates on that subject and Logan’s declaration you will see in the papers.  The republican spirit is supposed to be gaining ground in this State and Massachusetts.  The tax-gatherer has already excited discontent.  Gerry’s correspondence with Talleyrand, promised by the President at the opening of the session, is still kept back.  It is known to show France in a very conciliatory attitude, and to contradict some executive assertions.  Therefore, it is supposed they will get their war measures well taken before they will produce this damper.  Vans Murray writes them, that the French government is sincere in their overtures for reconciliation, and have agreed, if these fail, to admit the mediation offered by the Dutch government.