bring over those opposed to it by every means soothing and conciliatory. The happiness of society depends so much on preventing party spirit from infecting the common intercourse of life, that nothing should be spared to harmonize and amalgamate the two parties in social circles. The great objection of the advocates for the 1st grade is the expense of the 2d. Everything should be done therefore to lessen that expense, and the legislative body the most expensive part of all our governments, should recommend themselves by making their particular expenses as light as possible. I shall consider it as the happiest proof that in our nomination I have done what was best for that state, if I should find that you shall have been able to reconcile parties to yourself and to one another. The only objection to you which has been strongly pressed, covers the allegation that you had taken your side too strongly with the one party to be able to become agreeable or just to the other. Had this been my opinion of you, the nomination would not have been made.

We have appointed Mr. Daniel Clarke at New Orleans our consul there. His worth and influence will aid you powerfully in the interfering interests of those who go, and who reside there. I take the liberty of recommending to your particular civilities & respect Mr. William Dunbar a person of great worth & wealth there, and one of the most distinguished citizens of the U. S. in point of science. He is a correspondent of mine in that line in whom I set great store. As a native of Britain he must have a predilection towards her; but as to every other nation he is purely American. I should think it fortunate could he be added to the friends of the 2d grade. I have hastily put together these few thoughts that you may understand our view and know what line of conduct on your part will be agreeable, I again repeat that they are meant to be private and confidential to yourself alone. I shall be glad to hear from you inofficially, when convenient, your official correspondence belonging to the Secretary of State. Accept assurances of my friendly esteem and great respect.

TO THE SECRETARY OF STATE.

(JAMES MADISON.)

J. MSS.

July 15, 1801.

Whether prizes and the proceeds of them taken after the date of the treaty with France can be restored by the Executive, or need an act of the legislature ?

The constitution has authorized the ordinary legislature alone to declare war against any foreign nation. If they may enact a perfect, they may a qualified war, as was done against France. In this state of things they may modify the acts of war, and appropriate the proceeds of it. The act authorizing the capture of French armed vessels and dividing and appropriating their proceeds, was of this kind.

The constitution has given to the President and Senate alone the power (with the consent of the foreign nation) of enacting peace. Their treaty for this purpose is an absolute repeal of the declaration of war, and of all laws authorizing or modifying war measures. The treaty with France had this effect. From the moment it was signed all the acts legalizing war measures ceased ipso facto; and all subsequent captures became unlawful. Property wrongfully taken from a friend on the high sea is not thereby transferred to the captor. In whatever hands it is found it remains the property of those from whom it was taken; and any person possessed of it private or public, has a right to restore it. If it comes to the hands of the executive they may restore it. If into those of the legislature (as by formal paiment into the Treasury) they may restore it. Whoever, private or public, undertakes to restore it, takes on themselves the risk of proving that the goods were taken without authority of law, and consequently that the captor had no right to them. The executive, charged with our exterior relations, seems bound, if satisfied of the fact, to do right to the foreign nation, and take on itself the risque of justification. Submitted to Mr. Madison's consideration.

TO PIERPONT EDWARDS. 1

J. MSS

WASHINGTON July 21, 1801.

DEAR SIR, I received in due time your friendly favor of June 18th and profited of the information it contained, as you will have seen by a certain paper inclosed from this place. I was glad the remonstrants of your state took the measure they did. Their attack was on that class of removals which every reasonable man of whatsoever party has approved; I mean those which were made by a preceding administration in their last moments, & with a view either to force their successors to work with thwarting cooperation, or to incur odium by removing them. An opportunity was also wanting to come forward and disavow the sophistical construction on what I had declared on the 4th of March, to declare the justice of some participation by the republicans in the management of public affairs, and the principles on which vacancies would be created. I verily believe there will be a general approbation of what has been avowed in answer to the remonstrance, and that we may now proceed in our duty with a firmer step. I certainly feel more confident since an opportunity has been furnished me of explaining my proceedings. I consider Rho. isl'd, Vermont, Massachusetts, & N. Hampshire as coming in the course of this year. In Congress R. I. is entirely republican, Vermont will probably be three fourths, Massachusetts a majority : N. H. coming fast up: but the nature of your government being a subordination of the civil to the

1 From the original in the possession of Mr. F. J. Dreer, of Philadelphia.

ecclesiastical power, I consider it as desperate for long years to come. Their steady habits exclude the advances of information & they seem exactly where they were when they separated from the Saints of Oliver Cromwell. And there your clergy will always keep them if they can. You will follow the bark of liberty only by the help of a tow-rope. You will greatly oblige me by continuing your information as to the effects on them produced & to be produced by our measures, and I pray you to be assured of my friendly & high consideration & respect.

TO JOHN DICKINSON.

J. MSS.

WASHINGTON, July 23, 1801.

MY DEAR & RESPECTED FRIEND,-I have duly received your favor of the 18th. Doctr Vaughan's character had been before known to me in a certain degree, and advantageously known as a friend to republican government. Your letter in his favor strengthened my confidence in it. For your satisfaction as well as from a regard to truth I assure you that nothing could be more candid than his conduct here. It was at my request he undertook to consult the friends of republicanism on his return & to recommend a marshall. He declined doing it here & of himself, and until he should know that the person would accept. I am sorry the person recommended has not been agreeable to all the republicans, but I am more concerned to see in this disapprobation a germ of division which, if not smothered, will continue you

under that rule from which union is relieving our fellow citizens in other states. It is disheartening to see, on the approaching crisis of election, a division of that description of Republicans, which has certainly no strength to spare. But, my dear friend, if we do not learn to sacrifice small differences of opinion, we can never act together. Every man cannot have his way in all things. If his own opinion prevails at some times, he should acquiesce on seeing that of others preponderate at others. Without this mutual disposition we are disjointed individuals, but not a society. My position is painful enough between federalists who cry out on the first touch of their monopoly, and republicans who clamor for universal removal. A subdivision of the latter will increase the perplexity. I am proceeding with deliberation and inquiry to do what I think just to both descriptions and conciliatory to both. The greatest good we can do our country is to heal it's party divisions & make them one people. I do not speak of their leaders who are incurable, but of the honest and well-intentioned body of the people. I consider the pure federalist as a republican who would prefer a somewhat stronger executive; and the republican as one more willing to trust the legislature as a broader representation of the people, and a safer deposit of power for many reasons. But both sects are republican, entitled to the confidence of their fellow citizens. Not so their quondam leaders, covering under the mask of federalism hearts devoted to monarchy. The Hamiltonians, the Essex-men, the revolutionary