“ that my occupations should have prevented me from translating it into english: this, however, if found useful, may be done better by a person of the English language.

"A gentleman of this place, who follows the printing business, and is at the same time a man of sense and information, has undertaken to write a memorial in opposition to those of MM. Duponceau & Livingston, but has inevitably been led into errors, which would prove injurious to the cause, if they had sprung from a lawyer. As that memorial is to be forwarded to you, I think it my duty briefly to point out its most material defects. You will find (page 29. line 3. to 10.) that in a single phrase he abandons two of our most powerful means, that of the French Edicts, & that of the highway; and further (at page 36. line 15.) that he has destroyed with his own hands the only ground, on which he had rested his whole case, that of public law.

"The evil, however, is not great, as it proceeds from the pen of a man who is not versed in jurisprudence.

"Judge Moreau Lislet, who was employed by the corporation before he entered into his present office, is now preparing, on his part, a memorial in support of the title of the U.S., & expects to forward it to you in about two weeks.

"This being the first letter which I have the honour to address to you, I am unacquainted with the style and decorum which perhaps is usual on such occasions; but however I may have erred as to formality, I beg of you to accept the assurance of the high respect with which I have the honor to be,[.]”

Jefferson replied from Washington on December 24: “ Th: Jefferson returns thanks to m( ^~ r) Derbigny for the copy of his Refutation of M. Duponceau which he has been so kind as to forward him. both that and the Examen of M. Thierry have thrown much new light on the subject, and further aid is still expected from M. Moreau de Lislet who is said to be engaged on the same subject. the papers are all referred by the House of Representatives to the Attorney General to report on to them, who undoubtedly will derive new aid from the very able opinions before mentioned. he salutes m ( ^~ r) Derbigny with respect.”

For the Mémoire see no. 3475 above.

Peter Stephen [Pierre Etienne] Duponceau, 1760-1844, French lawyer, came to the United States in 1777 as Secretary to Baron Steuben, and became a citizen of Pennsylvania in 1781. Jefferson later had much correspondence with Duponceau on scholarly and historical subjects.

On a fly-leaf Jefferson has listed the contents as follows:

Report of the case of Gravier v. the city of N. Orleans.

Memoir of Du Ponceau in answer to Derbigny.

Derbigny’s opinion on the claim to the Batture.

Livingston’s examination of the title of the US.

Opinions of Duponceau Tilghman & Lewis on the case of the Batture.

Petition of the citizens of Orleans to Congress.

Derbigny’s Refutation of the Memoire of Duponceau.

With one exception these pamphlets have been already described in the preceding volumes.

Part of Livingston’s Address , no. 3484 above.