There is no expectation of carrying this; because the division in the Senate is of 2. to 1., but it will draw forth the principles of the parties, and concur in accumulating proofs on which side all the sound principles are to be found.

Very acrimonious altercations are going on between the Spanish minister & the Executive, and at the Natchez something worse than mere altercation. If hostilities have not begun there, it has not been for want of endeavors to bring them on by our agents. Marshall, of Kentucky, this day proposed in Senate some amendments to the constitution. They were barely read just as we were adjourning, & not a word of explanation given. As far as I caught them in my ear, they went only to modifications of the elections of President & V President, by authorizing voters to add the office for which they name each, & giving to the Senate the decision of a disputed election of President, & to the Representatives that of Vice President. But I am apprehensive I caught the thing imperfectly, & probably incorrectly. Perhaps this occasion may be taken of proposing again the Virginia amendments, as also to condemn elections by the legislatures, themselves to transfer the power of trying impeachments from the Senate to some better constituted court, &c., &c.

Good tobo here is 13. doll., flour 8.50, wheat 1.50, but dull, because only the millers buy. The river, however, is nearly open, & the merchants will now come to market & give a spur to the price. But their competition will not be what it has been. Bankrupt

VOL. VII.-13

cies thicken, & the height of them has by no means yet come on. It is thought this winter will be very trying.

Friendly salutations to mrs. Madison. Adieu affectionately.

January 28. I enclose Marshall's propositions. They have been this day postponed to the 1st of June, chiefly by the vote of the anti-republicans, under the acknoleged fear that other amendments would be also proposed, and that this is not the time for agitating the public mind.

TO HENRY TAZEWELL.

J. MSS. Jan. 27. 98.

As you mentioned that some of your Commee admitted that the introduction of juries into trials by impeachment under the VIIIth amendment depended on the question Whether an impeachment for a misdemeanor be a criminal prosecution? I devoted yesterday evening to the extracting passages from Law authors showing that in Law-language the term crime is in common use applied to misdemeanors, & that impeachments, even when for misdemeanors only are criminal prosecutions. These proofs were so numerous that my patience could go no further than two authors, Blackstone & Wooddeson. They shew that you may meet that question without the danger of being contradicted. The constitution closes the proofs by explaining its own meaning when speaking of impeachments, crimes, misdemeanors.

The object in supporting this engraftment into impeachments is to lessen the dangers of the court of impeachment under its present form & to induce dispositions in all parties in favor of a better constituted court of impeachment, which I own I consider as an useful thing, if so composed as to be clear of the spirit of faction. Do not let the enclosed paper be seen in my handwriting.

TO JAMES MADISON.

MAD. MSS.

PHILADELPHIA, Feb. 8, 98.

I wrote you last on the 25th Ult; since which yours of the 21st has been received. Bache had put 500. copies of Monroe's book on board a vessel, which was stopped by the early & unexpected freezing of the river. He then tried in vain to get them carried by fifties at a time, by the stage. The river is now open here, the vessels have fallen down, and if they can get through the ice below, the one with Bache's packet will soon be at Richmond. It is surmised here that Scipio is written by C. Lee. Articles of impeachment were yesterday given in against Blount. But many knotty preliminary questions will arise. Must not a formal law settle the oath of the Senators, forms of pleadings, process against person & goods, &c.? May he not appear by attorney? Must he not be tried by jury? Is a Senator impeachable? Is an ex-Senator impeachable? You will readily conceive that these questions, to be

settled by 29. lawyers, are not likely to come to speedy issue. A very disagreeable question of privilege has suspended all other proceedings for several days. You will see this in the newspapers. The question of arming was to have come on, on Monday last; that morning, the President sent in an inflammatory message about a vessel taken & burnt by a French privateer, near Charleston. Of this he had been possessed some time, and it had run through all the newspapers. It seemed to come in very apropos for spurring on the disposition to arm. However, the question is not come on. In the meantime, the general spirit, even of the merchants, is becoming adverse to it. New Hampshire & Rhode island are unanimously against arming; so is Baltimore. This place becoming more so. Boston divided & desponding. I know nothing of New York; but I think there is no danger of the question being carried, unless something favorable to it is received from our Envoys. From them we hear nothing. Yet it seems reasonably believed that the Executive has heard, & that it is something which would not promote their views of arming. For every action of theirs shews they are panting to come to blows. Walker's bill will be applied to answer a draught of Colo. Monroe's on Barnes. I have not heard yet from Bailey. I wrote to you about procuring a rider for the Fredsbg post. The proposition should be here by the 14th inst., but I can get it kept open a little longer. bidder yet but Green, the printer. be given. Giles has arrived.

There is no £100 Virga. will

TO JAMES MONROE.

MON. MSS.

[Post marked, Feby 8, 1798]

I received yesterday by mr. Giles yours of Jan. 27, and am well pleased with the indications of republicanism in our assembly. Their law respecting the printer is a good one. I only wish they would give the printing of the laws to one & journals to another. This would secure two, as each portion of the business would be object enough to the printer, and two places in their gift would keep within bounds the other printers also who would be in expectancy of catching something in case of either vacancy. Bache was prevented sending 500 copies of your book to Richmond by the freezing of this river after they were aboard the vessel. He tried in vain to get boxes of fifties carried on by the stages. However, the river is now open here, the vessels have fallen down, and if they find it open below, that with Bache's packets will soon be in Richmond. It has been said here that C. Lee was the author of Scipio, but I know of no authority for it. I had expected Hamilton would have taken the field, and that in that case you might have come forward yourself very shortly merely to strengthen and present in a compact view those points which you expected yourself they would lay hold of, particularly the disposition expressed to acquiesce under their spoiliatory decree. Scipio's attack is so weak as to make no impression. I understand that the opposite party admit that there is nothing in your conduct which can be blamed, except the divulging secrets: & this I think might be answered by a few