by what they say would only be a stretch of the constitution.  The prospect of preventing this, is as follows.  Georgia, North Carolina, Tennessee, Kentucky, Vermont, Pennsylvania, and New York, can be counted on for their vote in the, House of Representatives, and it is thought by some, that Baer of Maryland, and Linn of New Jersey will come over.  Some even count on Morris of Vermont.  But you must know the uncertainty of such a dependence under the operation of caucuses and other federal engines.  The month of February, therefore, will present us storms of a new character.  Should they have a particular issue, I hope you will be here a day or two, at least, before the 4th of March.  I know that your appearance on the scene before the departure of Congress, would assuage the minority, and inspire in the majority confidence and joy unbounded, which they would spread far and wide on their journey home.  Let me beseech you then to come with a view of staying perhaps a couple of weeks, within which time things might be put into such a train, as would permit us both to go home for a short time, for removal.  I wrote to R. R. L. by a confidential hand three days ago.  The person proposed for the Treasury has not come yet.

Davie is here with the convention, as it is called; but it is a real treaty, and without limitation of time.  It has some disagreeable features, and will endanger the compromitting us with Great Britain.  I am not at liberty to mention its contents, but I believe it will meet with opposition from both sides of the House.  It has been a bungling negotiation.  Ellsworth remains in France for his health.  He has resigned his office of Chief Justice.  Putting these two things together, we cannot misconstrue his views.  He must have had great confidence in Mr. Adams’s continuance to risk such a certainty as he held.  Jay was yesterday nominated Chief Justice.  We were afraid of something worse.  A scheme of government for the territory is cooking by a committee of each House, under separate authorities, but probably a voluntary harmony.  They let out no hints.  It is believed that the judiciary system will not be pushed, as the appointments, if made by the present administration, could not fall on those who create them.  But I very much fear the road system will be urged.  The mines of Peru would not supply the monies which would be wasted on this object, nor the patience of any people stand the abuses which would be incontrollably committed under it.  I propose, as soon as the state of the election is perfectly ascertained, to aim at a candid understanding with Mr. Adams.  I do not expect that either his feelings or his views of interest will oppose it.  I hope to induce in him dispositions liberal and accommodating.  Accept my affectionate salutations.

Th:  Jefferson.

LETTER CCLXVII.—­TO JAMES MADISON, December 26, 1800

TO JAMES MADISON.