moral right on our side, of his agreement as well as that of the people of those countries.

Mr. Hackley's affair is really unfortunate. He has been driven into this arrangement by his distresses, which are great. He is a perfectly honest man, as is well known here where he was born, but unaccustomed to political subjects, he has not seen it in that view. But a respect for the innocence of his views cannot authorize the sanction of government to such an example.

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TO WILSON CARY NICHOLAS.

J. MSS.

MONTICELLO, May 25, 09.

DEAR SIR, I am sorry to hear of your attack of rheumatism both on your own account & that of the public, & I think you will have to go on as soon as you are able. I believe that immediately on the pacification with England, a vessel was dispatched to France for the ultimatum of that government, as I presume. Turreau was earnest in giving assurances that Napoleon would revoke his decrees, considering Great Britain as having retraced her steps. But as a contrary answer is possible, I suppose Congress will await the return of the vessel. If she brings a determination to continue taking our vessels on the high seas, the question of war on our part cannot but be brought on, because on his part it is all the war he can wage, and we may as well receive the offers of the Floridas & Cuba, which will probably be made to us by their inhabitants. Should the Republican party think we might as well make war on our part also, they will for once probably have the concurrence of the federalists. This question is too important to admit of your absence, and the importance of giving good support to the new admn. is an additional reason for your going. As to the merits of the result of our measures against England, Mr. Madison is justly entitled to his full share of all the measures of my administration. Our principles were the same, and we never differed sensibly in the application of them. I am glad therefore that my enemies, & hope that my friends will do him justice as to this & all our other measures. We shall be happy to see you here on your passage, being affectionately & respectfully yours.

TO WILSON CARY NICHOLAS.

J.MSS.

MONTICELLO, June 13, 1809.

DEAR SIR,-I did not know till Mr. Patterson called on us, a few days ago, that you had passed on to Washington. I had recently observed in the debates of Congress, a matter introduced, on which I wished to give explanations more fully in conversation, which I will now do by abridgement in writing. Mr. Randolph has proposed an inquiry into certain prosecutions at common law in Connecticut, for libels on the government, and not only himself but others have stated them with such affected caution, and such hints at the same time, as to leave on every mind the impression that they had been instituted either by my direction, or with my acquiescence, at least. This has not been denied by my friends, because probably the fact is unknown to them. I shall state it for their satisfaction, and leave it to be disposed of as they think best.

I had observed in a newspaper, (some years ago, I do not recollect the time exactly,) some dark hints of a prosecution in Connecticut, but so obscurely hinted that I paid little attention to it. Some considerable time after, it was again mentioned, so that I understood that some prosecution was going on in the federal court there, for calumnies uttered from the pulpit against me by a clergyman. I immediately wrote to Mr. Granger, who, I think, was in Connecticut at the time, stating that I had laid it down as a law to myself, to take no notice of the thousand calumnies issued against me, but to trust my character to my own conduct, and the good sense and candor of my fellow citizens; that I had found no reason to be dissatisfied with that course, and I was unwilling it should be broke through by others as to any matter concerning me; and I therefore requested him to desire the district attorney to dismiss the prosecution. Some time after this, I heard of subpoenas being served on General Lee, David M. Randolph, and others, as witnesses to attend the trial. I then for the first time conjectured the subject of the libel. I immediately wrote to Mr. Granger, to require an immediate dismission of the prosecution. The answer of Mr. Huntington, the district attorney, was, that these subpoenas had been

issued by the defendant without his knowledge, that it had been his intention to dismiss all the prosecutions at the first meeting of the court, and to accompany it with an avowal of his opinion, that they could not be maintained, because the federal court had no jurisdiction over libels. This was accordingly done. I did not till then know that there were other prosecutions of the same nature, nor do I now know what were their subjects. But all went off together; and I afterwards saw in the hands of Mr. Granger, a letter written by the clergyman, disavowing any personal ill will towards me, and solemnly declaring he had never uttered the words charged. I think Mr. Granger either showed me, or said there were affidavits of at least half a dozen respectable men, who were present at the sermon and swore no such expressions were uttered, and as many equally respectable who swore the contrary. But the clergyman expressed his gratification at the dismission of the prosecution. I write all this from memory, and after too long an interval of time to be certain of the exactness of all the details; but I am sure there is no variation material, and Mr. Granger, correcting small lapses of memory, can confirm everything substantial. Certain it is, that the prosecution had been instituted, and had made considerable progress, without my knowledge, that they were disapproved by me as soon as known, and directed to be discontinued. The attorney did it on the same ground on which I had acted myself in the cases of Duane, Callendar, and others; to wit, that the sedition law was unconstitutional and null, and that my obligation to execute what was law, involved that of not suffering rights secured by valid laws, to be prostrated by what was no law. I always understood that these prosecutions had been invited, if not instituted, by Judge Edwards, and the marshal being republican, had summoned a grand jury partly or wholly republican; but that Mr. Huntington declared from the beginning against the jurisdiction of the court, and had determined to enter nolle prosequis before he received my directions.

I trouble you with another subject. The law making my letters post free, goes to those to me only, not those from me. The bill had got to its passage before this was observed (and first I believe by Mr. Dana), and the House under too much pressure

of business near the close of the session to bring in another bill. As the privilege of freedom was given to the letters from as well as to both my predecessors, I suppose no reason exists for making a distinction. And in so extensive a correspondence as I am subject to, and still considerably on public matters, it would be a sensible convenience to myself, as well as those who have occasion to receive letters from me. It happens too, as I was told at the time, (for I have never looked into it myself,) that it was done by two distinct acts on both the former occasions. Mr. Eppes, I think, mentioned this to me. I know from the Post Master General, that Mr. Adams franks all his letters. I state this matter to you as being my representative, which must apologize for the trouble of it. We have been seasonable since you left us. Yesterday evening and this morning we have had refreshing showers, which will close and confirm the business of planting. Affectionately yours.

TO JAMES MADISON.

J. MSS.

MONTICELLO, June 16, 09.

DEAR SIR,-I inclose you three letters from detained seamen which came to hand by the last post. Your favor of the 12th was received at the same time. The intelligence by the Pacific gives me great anxiety. When I consider the tenor of the new order of council & the official exposition of it by the Lords of trade to the London American merchants (in the inclosed paper) and compare it with the engagement of Erskine under instructions given two months before, I am at a loss from which we have most to fear, the folly or the faithlessness of the Cannings & Castlereaghs of the British ministry. Is it possible that to get themselves out of a former hobble they should have involved themselves in another so much more difficult? And yet if they mean to adhere to the new order, their instructions to Erskine to enter into engagements in direct opposition to it, would be such a wanton abandonment of all pretensions to common honesty as one would suppose no men could deliberately intend. Et cui bono? Merely to catch a partial supply by a temporary relaxation of our measures?

It seems impossible to believe either alternative, & yet the one or the other must be true? I presume it will produce some caution & hesitation in the proceedings of Congress. My joy on our supposed settlement is extremely damped by the occurrence of a trick so strange whatever solution may be given of it, and I fear a return of our difficulties, & it will be with increased force if they do recur. I sincerely wish a happy issue from them, for your own sake as well as for that of us all.

I am very happy in being enabled to relieve you from the disagreeable situation into which my improvidence had drawn your kind friendship. I felt severely the impropriety of dragging your name into the bank, as I had often been mortified with my own being there. But a too late attention to the state of my affairs at Washington had rendered it unavoidable. Mr. Barnes is now enabled to discharge my note at the bank, as well as a balance due to himself, and the separate account between you & myself may await your own entire convenience without in the least incommoding me, and I pray you to be assured of the sensibility with which I have experienced your kind accommodation to my difficulties.

For the last three days we have had fine & plentiful showers of rain, & were willing they should cease as appearances promised last night, but it commenced raining in the night & now continues with the wind at northeast. This may become dangerous to the wheat which at best can only be a middling crop. That of tobacco cannot become great if the observation of the planters is correct that there never was a great crop of tobacco which was not patched before the last of May. This year not a plant was in the ground till June: but the rains have been so favorable since that the whole crop is now standing & growing. I salute you with sincere affection & respect.

TO JAMES MADISON.

J. MSS. MONTICELLO, July 12, 1809. DEAR SIR,-Your two letters of the 4th and 7th, were received by the last mail. I now enclose you the rough draught of the letter to the Emperor of Russia. I think there must be an exact