Another copy of no. 3492 above.

This copy has also the words supplied in manuscript on page 50.

Annotated by Jefferson.

As a footnote on the first page of text Jefferson has written in ink: The Errata in punctuation are too numerous to be corrected with the pen.

On page 20, to the statement that the river was 1200 yards wide, Jefferson has written the note: Lafon, in his map of N. Orleans, says expressly that the Misi( ^~p ) i, at the city, is uniformly of the breadth of 300. toises only.

Other smaller corrections and additions occur.

Jefferson’s autograph manuscript fair copy of these Proceedings, as sent to the printer, is in the Jefferson Papers of the Library of Congress, and includes the title, page of Contents, Preface (2 pages dated February 25, 1812), and the text, 63 pages, so numbered.

The Jefferson Papers in the Library of Congress also contain Jefferson’s drafts, partial fair copies, lists of papers, pamphlets, exhibits etc. made up and sent to my counsel in the case of the Batture, amendments, notes, revisions, and much other material, together about 135 pages in Jefferson’s handwriting, portions of it, as also in the fair copy, in double columns. Included also are suggested revisions by Caesar Rodney and Albert Gallatin. The collection contains the original manuscript drawings of the maps and plans used in the case.

Jefferson arranged for the printing of these Proceedings immediately after hearing from his counsel, George Hay, that the case had been thrown out of court for want of jurisdiction. Hay wrote this information on December 5, 1811, and suggested in the letter that Jefferson make known the defence.

Jefferson acknowledged this letter on December 28, and asked for the return of the documents in the case, which had been lent to Hay.

On the same day, December 28, he wrote to his friend Hugh Nelson, Congressman from Virginia: “ The suit of Livingston against myself having been dismissed from court for want of jurisdiction, the merits of the case still unexplained to the public, I am apprehensive the impression made by Livingston’s squalling may be strengthened by the false inference that I wished to get rid of the case in that way, which is not true. I believe therefore it is due to myself, & still more to the public, to lay the case before them, by publishing the Commentaries on it which I had prepared for the use of my counsel, and which I had inclosed to you for perusal. it will doubtless be satisfactory to our citizens at large to see that no wrong has been done to Livingston, that the ground of his complaint has been merely my maintaining the national right to the beach of the Missisipi adjacent to N. Orleans, and keeping it from such intrusions as might restrain individuals from making lawful uses of it, and preserve the city & country from destruction: and that in doing this I only obeyed the prescriptions of the law both as to matter & manner. it is with infinite reluctance indeed that I think of presenting myself on this arena; yet I believe it a duty; and with that view ask the return of the MS. I put into your hands . . . ”

Early in the following year on February 3, 1812, Jefferson wrote to Ezra Sargeant, printer of New York: “ Observing that you edit the Edinburgh Review, re-printed in N. York, and presuming that your occupations in that line are not confined to that single work, I take the liberty of addressing the present letter to you. if I am mistaken, the obviousness of the inference will ”