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nevertheless be ascribed to removal on party principles. Imprimis. I will expunge the effects of Mr. A.'s indecent conduct, in crowding nominations after he knew they were not for himself, till 9 o'clock of the night, at 12. o'clock of which he was to go out of office. So far as they are during pleasure, I shall not consider the persons named, even as candidates for the office, nor pay the respect of notifying them that I consider what was done as a nullity. 2d. Some removals must be made for misconduct. One of these is of the marshal in your city, who being an officer of justice, intrusted with the function of choosing impartial judges for the trial of his fellow citizens, placed at the awful tribunal of God & their country, selected judges who either avowed, or were known to him to be predetermined to condemn ; and if the lives of the unfortunate persons were not cut short by the sword of the law, it was not for want of his good-will. In another State I have to perform the same act of justice on the dearest connection of my dearest friend, for similar conduct, in a case not capital. The same practice of packing juries, & prosecuting their fellow citizens with the bitterness of party hatred, will probably involve several other marshals & attornies. Out of this line I see but very few instances where past misconduct has been in a degree to call for notice. Of the thousand of officers therefore, in the U S, a very few individuals only, probably not 20., will be removed; & these only for doing what they ought not to have done. 2. or 3. instances indeed where Mr. A. removed men because they would not sign addresses, &c., to him, will be rectified-the persons restored. The whole world will say this is just. I know that in stopping thus short in the career of removal, I shall give great offence to many of my friends. That torrent has been pressing me heavily, & will require all my force to bear up against; but my maxim is "fiat justitia, ruat cælum." After the first unfavorable impressions of doing too much in the opinion of some, & too little in that of others, shall be got over, I should hope a steady line of conciliation very practicable, and that without yielding a single republican principle. A certainty that these principles prevailed in the breasts of the main body of federalists, was my motive for stating them as the ground of reunion. I have said thus much for your private satisfaction, to be used even in

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private conversation, as the presumptive principles on which we shall act, but not as proceeding from myself declaredly. Information lately received from France gives a high idea of the progress of science there; it seems to keep pace with their victories. I have just received from the A. P. Society, two volumes of Comparative Anatomy, by Cuvier, probably the greatest work in that line that has ever appeared. His comparisons embrace every organ of the animal carcass; and from man to the rotifer. Accept assurances of my sincere friendship, & high consideration & respect.

TO THE SPANISH CHARGÉ.
(DON JOSEPH YZNARDI.)

J MSS.

WASHINGTON, Mar 26, 1801.

DEAR SIR,-The Secretary of State is proceeding in the consideration of the several matters which have been proposed to us by you, and will prepare answers to them, and particularly as to our vessels taken by French cruisers, & carried into the ports of Spain, contrary, as we suppose, to the tenor of the convention with France. Tho' ordinary business will be regularly transacted with you by the Secretary of State, yet considering what you mentioned as to our minister at Madrid to have been private and confidential, I take it out of the official course, and observe to you myself that under an intimate conviction of long standing in my mind, of the importance of an honest friendship with Spain, and one which shall identify her American interests with our own, I see in a strong point of view the necessity that the organ of communication which we establish near the King should possess the favor & confidence of that government. I have therefore des- ̄¡ tined for that mission a person whose accommodating & reasonable conduct, which will be still more fortified by instructions, will render him agreeable there, & an useful channel of communication between us. I have no doubt the new appointment by that government to this, in the room of the Chevalr d'Yrujo, has been made under the influence of the same motives; but still, the Chevalr d'Yrujo being intimately known to us, the integrity, sin

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cerity, & reasonableness of his conduct having established in us a perfect confidence, in nowise diminished by the bickerings which took place between him and a former Secretary of State, whose irritable temper drew on more than one affair of the same kind, it will be a subject of regret if we lose him. However, if the interests of Spain require that his services should be employed elsewhere, it is the duty of a friend to acquiesce; and we shall certainly receive any successor the King may chuse to send, with every possible degree of favor & friendship. Our administration will not be collected till the end of the ensuing month; and consequently, till then, no other of the mutual interests of the two nations will be under our view, except those general assurances of friendship which I have before given you verbally, & now repeat. Accept, I pray you, assurances of my high consideration and respect.

TO THE SECRETARY OF STATE.

(JAMES MADISON.)

J. MSS.

WASHINGTON, Mar. 26, 1801.

I am still here. Three refusals of the naval secretaryship have been received, and I am afraid of receiving a 4th this evening from Mr. Jones of Phila. In that case Genl. Smith has agreed to take it pro tempore so as to give me time; and I hope the moment it is in either his or Jones's hands, to get away; but this may be yet three four or five days. Lincoln is doing the duties of your office. He and Dearborn will remain here. Health, respect & affectionate attachment.

TO MRS. SARAH MEASE.

J. MSS. WASHINGTON, Mar. 26, 1801.

DEAR MADAM,-I am honored with your favor of the 20th inst. on the subject of Mr. Hall, & I readily ascribe honor to the motives from which it proceeds. The probable sufferings of a wife & numerous family are considerations which may lawfully

weigh in the minds of the good, and ought to prevail when unopposed by others more weighty. It has not been the custom, nor would it be expedient for the Executive to enter into details of justification for the rejection of candidates for offices or removal of those who possess them. Your good sense will readily perceive to what such contests would lead. Yet my respect for your understanding and the value I set on your esteem, induce me, for your own private & personal satisfaction confidentially to say that an officer who is entrusted by the law with the sacred duty of naming judges of life and death for his fellow-citizens, and who selects them exclusively from among his political & party enemies, ought never to have in his power a second abuse of that tremendous magnitude. How many widows & orphans would have been this day weeping in the bitterness of their losses had not a milder sense of duty in another stayed the hand of the executioner. I mean no reflection on the conduct of the jurors. They acted according to their conscientious principles. I only condemn an officer, important in the administration of justice, who select judges for principles which lead necessarily to condemnation. He might as well lead his culprits to the scaffold at once without the mockery of trial. The sword of the law could never fall but on those whose guilt is so apparent as to be pronounced by their friends as well as foes. Pardon, my dear Madam, these rigorous justifications of a duty which has been a painful one to me, & which has yet to be repeated in some cases of greater feeling. You will see in them proofs of my desire to preserve your esteem, & accept assurances of my highest consideration and respect.

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DEAR SIR, I received with great pleasure your favor of the 16. & it is with the greatest satisfaction I learn from all quarters that my inaugural address is considered as holding out a ground for conciliation & union. I am the more pleased with this, because

the opinion therein stated as to the real ground of difference among us (to wit, the measures rendered most expedient by French enormities) is that which I have long entertained. I was always satisfied that the great body of those called Federalists were real republicans as well as Federalists. I know indeed that there are monarchists among us. One character of these is in theory only, & perfectly acquiescent in our form of government as it is, and not entertaining a thought of disturbing it merely on their theoretic opinions. A second class, at the head of which is our quondam colleague, are ardent for the introduction of monarchy, eager for armies, making more noise for a great naval establishment than better patriots who wish it on a national scale only, commensurate to our wants and to our means. This last class ought to be tolerated but not trusted. Believing that (excepting the ardent monarchists) all our citizens agreed in antient Whig principles, I thought it advisable to define & declare them, and let them see the ground on which we could rally: and the fact proving to be so that they agree in these principles I shall pursue them with more encouragement. I am aware that the necessity of a few removals for legal oppressions, delinquencies & other official malversations, may be misconstrued as done for political opinions, & produce hesitation in the coalition so much to be desired; but the extent of these will be too limited to make permanent impressions. In the class of removals however I do not rank the new appointments which Mr. A crowded in with whip & spur from the 12th of

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