it would not be for the interest of the General to let his claim get into collision with any public interest. Were it to lose its popularity it might excite an opposition neither agreeable to his feelings or interest."

This may already have produced some effect towards abating the expectations of M. Duplantier and the fears of the city. Still, I think it better that Mr. Madison should write explicitly to him. Indeed, I think we had better have a consultation, and determine on the proper limits of the public reservation. For, however justifiably desirous we may be to relieve a man who stands so high in the public affection as La Fayette, still, it should be only by granting to him such lands as would be granted to others if not located by him. The idea of consolidating by getting Suarez's land was to satisfy the limit of 1000 acres then imposed on him, while others would have been free to have taken these smaller parcels. That idea may now be waived.

With respect to Colonel Newton's inquiries what measures are to be taken with armed vessels coming into that harbor, I think he may be told to go on as we have done until further orders. These ought not to be given till we have gunboats there to enforce them. Then I shall be for an exact police over these vessels. Should we not by special letters keep the collectors on the alert as to the three proscribed vessels and commanders? It is very desirable to get hold of Whitby. Affectionate salutations.

TO THE SECRETARY OF THE TREASURY.

(ALBERT GALLATIN.)

J. MSS.

June 19, 1806.

I have had a consultation with Mr. Madison on the application of the British vessel of war for stores. We are both of opinion that if by this term be meant sea-stores only, or even munitions de bouche, or provisions generally, there can be no objection to their taking them, or indeed anything except contraband of war. But what should be deemed contraband of war in this case we are not agreed. He thinks that as the English deem naval stores to be contraband, and as such take them from our vessels at sea, we ought to retaliate their own definition on them. I think we ought

to act on the opinion that they are not contraband; because by treaties between all the nations (I think) having treaties with another they are agreed not to be contraband; even England herself, with every nation but ours, makes them non-contraband, and the only treaty making them contraband (Jay's) is now expired. We ought then at once to rally with all the other nations on the ground that they are non-contraband; and if England treats them as contraband in our ships, instead of admitting it by retaliation, let us contest it on its true ground. Mr. M. thinks France might complain of this; but I think not, as we shall permit both nations equally to take naval stores; or at least such articles of them as may be used for peaceable as well as warlike purposes; this being the true line. This therefore becomes a question on which it will be advisable for us soon to come to a fixed determination. In the mean time, it will be better to leave the construction of the term to Mr. Gelston, by not defining the term to him, because any error of his will be easily got over. Affectionate salutations.

DEAR SIR,-It gave me great pleasure to receive your letter of the 17th and especially to learn you had ac

cepted your new post. The newspapers tell us that Dr. Eustis has qualified. Mr. Gerry I presume & Genl. Heath must have reasons of justification for declining unknown to us at a distance. Otherwise we should say that a good souldier does not retire on carrying the town merely, while the citadel is still in the enemy's hands. I presume however it will be surrendered at the end of this campaign, as all hopes of relief will then be desperate.

Every communication from Mr. Monroe strengthens

1 Council of Massachusetts.

our expectation that the new pretence of the British. to controul our commerce with belligerent colonies will be properly restricted, and the outrages on our seamen brought to an end. I had apprehended that the attempts of a little party of seceders in Congress, to assassinate our negotiations for peace & justice from Spain and France by proclaiming views communicated to them in confidence, and using a language of irritation calculated to indispose those powers to listen to us, would have effected their views and forced us into what they deemed necessary for the liberties of mankind, war with Spain & France & consequently alliance with Britain. But the course which things are taking in Europe & some symptoms at Madrid & Paris induce me now to hope we may obtain the same ground which was put in our power last autumn. On the whole I do hope that at the next session of Congress we may inform the nation that we have brought to an end the wrongs they have been suffering from one people, and obtained from another justice, peace, & perhaps an arrondissement of empire which may promise us long years of tranquility. There will be some gratification too personally, in proving to our constituents, that their old servants have done nothing either in the way of wickedness or folly to forfeit their confidence, nor their new & unfledged friends anything to merit it. As our measures will have resulted in peace, the inference is that the contrary measures pressed on us would have resulted in contrary effects.

The proposition respecting the marshallship men

tioned in your letter, was, as you supposed, not the first. Another had been weightily patronized, & had produced such a degree of commitment as cannot but have influenced our final determination. Certainly every act would give me superior pleasure inasmuch as it would be pleasing to you. But my knowledge of you also placed me at my ease in giving to all considerations the whole weight which they are in justice & duty entitled to receive. Accept my friendly salutations & assurances of continued attachment & respect.

TO THE SECRETARY OF THE TREASURY. J. MSS. (ALBERT GALLATIN.)

June 26, 1806.

The Attorney-General being absent, we must decide for ourselves the question raised by Colonel Newton's letter, whether Mr. Cooper can own a registered vessel? or, in other words, whether he is a citizen of the United States ?

I hold the right of expatriation to be inherent in every man by the laws of nature, and incapable of being rightfully taken from him even by the united will of every other person in the nation. If the laws have provided no particular mode by which the right of expatriation may be exercised, the individual may do it by any effectual and unequivocal act or declaration. The laws of Virginia have provided a mode; Mr. Cooper is said to have exercised his right solemnly and exactly according to that mode, and to have departed from the Commonwealth; whereupon the law declares that "he shall thenceforth be deemed no citizen." Returning afterwards he returns an alien, and must proceed to make himself a citizen if he desires it, as every other alien does. At present he can hold no lands, receive nor transmit any inheritance, nor enjoy any other right peculiar to a citizen.

The general government has nothing to do with this question. Congress may by the Constitution "establish an uniform rule of

naturalization," that is, by what rule an alien may become a citiBut they cannot take from a citizen his natural right of divesting himself of the character of a citizen by expatriation.

zen.

TO THOMAS MANN RANDOLPH.1

WASHINGTON, July 13, 06.

DEAR SIR,-Your letter of the 5th came to hand on the 7th & at the same time the Enquirer of the 4th From the two together I derived inexpressible consolation because while the Enquirer contained a piece which shews that the other party did not propose, for any thing which had yet past to remove the question from before the tribunal of the public, your letter gave me confidence that if that piece contained any fact necessary to be set to rights, it would be done by a simple statement of the fact, without commentary or reflection, but indeed whatever that piece might contain of error, it's contradiction is rendered unnecessary by general opinion. I find but one sentiment prevailing (and I have that from very many) that the thing may stop where it now is with entire honour to yourself, and with no other diminution of it by the other party than shewing that he has not that ravenous appetite for unnecessary risk which some had ascribed to him; and which indeed is the falsest of honour, as a mere compound of crime & folly. I hope therefore that the matter is at an end, and that great care will be taken not to revive it. I believe that will be the case on his side; for I think

1 From a copy courteously furnished by the Hon. C. H. Bell, of Exeter, N. H. It relates to a dispute in Congress with John Randolph.