University of Virginia Library

TO THOMAS JEFFERSON.

Dear Sir,—Since my last, I am in debt for your
two favors of the 15th & 22, the Gazettes of the 3,

6 7 & 8 Ulto, with a regular continuation to the
22d—two statements from the Treasury Department,
and Paine's letter to the French people &
armies. The President's message[123] is only a further
development to the public, of the violent passions,
& heretical politics, which have been long privately
known to govern him. It is to be hoped however
that the H. of Reps will not hastily eccho them. At
least it may be expected that before war measures
are instituted, they will recollect the principle asserted
by 62 vs. 37, in the case of the Treaty, and
insist on a full communication of the intelligence on
which such measures are recommended. The present
is a plainer, if it be not a stronger case, and
if there has been sufficient defection to destroy the
majority which was then so great & so decided, it is
the worst symptom that has yet appeared in our
Councils. The constitution supposes, what the History
of all Govts demonstrates, that the Ex. is the
branch of power most interested in war, & most
prone to it. It has accordingly with studied care,
vested the question of war in the Legisl. But the
Doctrines lately advanced strike at the root of all
these provisions, and will deposit the peace of the
Country in that Department which the Constitution
distrusts as most ready without cause to renounce
it. For if the opinion of the P. not the facts &
proofs themselves are to sway the judgment of Congress,
in declaring war, and if the President in the
recess of Congrs. create a foreign mission, appt. the
minister, & negociate a War Treaty, without the
possibility of a check even from the Senate, untill
the measures present alternatives overruling the
freedom of its judgment; if again a Treaty when
made obliges the Legis. to declare war contrary to
its judgment, and in pursuance of the same doctrine,
a law declaring war, imposes a like moral obligation,
to grant the requisite supplies until it be formally
repealed with the consent of the P. & Senate, it is
evident that the people are cheated out of the best
ingredients in their Govt., the safeguards of peace
which is the greatest of their blessings. I like both
your suggestions in the present crisis. Congress
ought clearly to prohibit arming, & the P. ought to
be brought to declare on what ground he undertook
to grant an indirect licence to arm. The first instructions
were no otherwise legal than as they were
in pursuance of the law of Nations, & consequently
in execution of the law of the land. The revocation
of the instructions is a virtual change of the law,
& consequently a usurpation by the Ex. of a legislative
power. It will not avail to say that the law of
Nations leaves this point undecided, & that every
nation is free to decide it for itself. If this be the
case, the regulation being a Legislative not an Executive
one, belongs to the former, not the latter
Authority; and comes expressly within the power,
"to define the law of Nations," given to Congress by
the Constitution. I do not expect however that the
Constitutional party in the H. of R. is strong enough to
do what ought to be done in the present instance.
Your 2d idea that an adjournment for the purpose
of consulting the constituents on the subject of war,
is more practicable because it can be effected by that
branch alone if it pleases, & because an opposition to
such a measure will be more striking to the public
eye. The expedient is the more desirable as it will
be utterly impossible to call forth the sense of the
people generally before the season will be over, especially
as the Towns, &c., where there can be most
despatch in such an operation are on the wrong
side, and it is to be feared that a partial expression
of the public voice, may be misconstrued or miscalled,
an evidence in favor of the war party. On
what do you ground the idea that a decln of war
requires 2/3 of the Legislature? The force of your remark
however is not diminished by this mistake, for
it remains true, that measures are taking or may
be taken by the Ex. that will end in war, contrary
to the wish of the Body which alone can declare it.