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find any plausible motive to continue the former, as preferable to the latter. A worse state of things than the actual one could not exist for France, unless her preference be for a state of war. If she be sincere, either in her late propositions relative to a chronological revocation of illegal Edicts against neutrals, or to a pledge from the United States not to submit to those of Great Britain, she ought at once to embrace the arrangement held out by Congress, the renewal of a non-intercourse with Great Britain being the very species of resistance most analogous to her professed views.

I propose to commit this to the care of Mr. Parish, who is about embarking at Philadelphia for England; and finding that I have missed a day in my computation of the opportunity, I must abruptly conclude, with assurances of my great esteem, &c.

TO THOMAS JEFFERSON. 1

WASHINGTON, May 25, 1810.

DEAR SIR, I have duly received your favor of the 13th. The general idea of disposing of the supernumerary Merino Rams for the public benefit had occurred to me. The mode you propose for the purpose seems well calculated for it. But as it will be most proper, as you suggest, to let our views be developed to the public by the execution of them, there will be time for further consideration. When the sheep came into my hands, they were so infected.

1 From the Works of James Madison (Congressional Edition).

with the scab that I found it necessary, in order to quicken and ensure their cure, to apply the mercurial ointment. I hope they are already well. One of the ewes has just dropt a ewe lamb, which is also doing well. I expect my overseer every day to conduct them to Orange. As he will have a wagon with him, the trip, I hope, may be so managed as to avoid injury to his charge.

A former National Intelligencer will have given you our last communications from G. Britain. That of this morning exhibits our prospects on the side of France. The late confiscations by Bonaparte comprise robbery, theft, and breach of trust, and exceed in turpitude any of his enormities not wasting human blood. This scene on the continent, and the effect of English monopoly on the value of our produce, are breaking the charm attached to what is called free trade, foolishly by some, and wickedly by others. We are hourly looking for the "John Adams." There is a possibility that the negotiations on foot at Paris may vary our prospects there. The chance would be better, perhaps, if the last act of Congress were in the hands of Armstrong; which puts our trade on the worst possible footing for France but, at the same time, puts it in the option of her to revive the non-intercourse against England. There is a possibility, also, that the views of the latter may be somewhat affected by the recent elections; it being pretty certain that the change in the tone of Wellesley from that first manifested to Pinkney was, in part, at least, produced by the inter

mediate intelligence from the United States, which flattered a fallacious reliance on the British party here.

TO THOMAS JEFFERSON.

MAD. MSS.

WASHINGTON June 22, 1810.

DEAR SIR, I enclose an authentication of the blood of our Merinos, as translated from the Original by M Graham: also a state of the charges incident to their passage, &c. The half falling to your share, of course, may be left for any convenient occasion of being replaced. You need not trouble yourself to remit it hither.

On the first publication of the despatches by the John Adams,1 so strong a feeling was produced by Armstrong's picture of the French robbery, that the attitude in which England was placed by the correspondence between P. & Wellesley was overlooked. The public attention is beginning to fix itself on the proof it affords that the original sin agst Neutrals lies with G. B. & that whilst she acknowledges it, she persists in it.

I am preparing for a departure from this place immediately after the 4th July. Having been deprived of the Spring visit to my Farm, I wish to commence the sooner the full recess. Be assured of my highest & most affec esteem.

Have you rec a copy of Coopers (the Pena Judge)

Communicated to Congress November 29, 1809, February 19 and May 1, 1810. Annals of Cong., 11th Cong., 2d Session, p. 2124.

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masterly opinion on the question whether the sentence of a foreign Admiralty Court in a prize Cause be conclusive evidence in a suit here between the Underwriter & Insured? It is a most thorough, investigation, and irrefragable disproof of the B. Doctrine on the subject, as adopted by a decision of the Supreme Court of the U. S. If you are without a copy, I will provide & forward one.

TO THOMAS JEFFERSON.

MAD. MSS.

MONTPELIER, July 17, 1810.

DEAR SIR, Among the papers relating to the Convention of 1787, communicated to you, that copies in your hands might double the security agst destructive casualties, was a delineation of Hamilton's plan of a Constitution in his writing.2 On looking for it among the Debates &c, which were returned to me, this particular paper does not appear. 3 I conclude therefore that it had not then been copied, or was at the time in some separate situation. I am very sorry to trouble you on such a subject, but being under an engagement to furnish a Copy of that project, I must ask the favor of you to see whether it

1 Given in the case of Dempsey, assignee of Brown, v. The Insurance Co. of Pennsylvania. The case was argued twice, in 1807 and 1808, before the High Court of Errors and Appeals of Pennsylvania, and Judge Cooper's opinion is discussed in Calhoun v. The Insurance Co. of Pennsylvania (1 Binney, 293). See also Maryland Insurance Co. v. Woods, 6 Cranch, 29. Ch. Justice Marshall rendered the opinion. 2 See ante Vol. III., 197, n., for the text of the plan.

3 Afterwards found. (Madison's note.)

be not among your papers, & if so, to forward it by the mail.

I reached home on Wednesday last, and have since been somewhat indisposed. My fever has left me and if as I hope, it was the effect of fatigue only, I consider myself as again well. I am not however, without sensations which make me apprehensive that if the bile was not the sole cause, it was a partial one, & that it has not yet been entirely removed. Be assured of my affectionate respects & best wishes

TO ROBERT SMITH.

D. OF S. MSS. MISCL. LETS.

Montpelier, July 17, 1810.

DEAR SIR,

The letter from Gov! Holmes,' with that from M Lowry & copy of the answer, which were inclosed to me, are now returned.

I think Goy! Holmes should be encouraged in keeping a wakeful eye to occurrences & appearances in W. Florida, and in transmitting information concerning them. It will be well for him also to be attentive to the means of having his militia in a state for any service that may be called for. In the event either of foreign interference with W. F. or of internal convulsions, more especially if threatening the neighboring tranquility, it will be proper to take care of the rights & interests of the U. S. by every

1 David Holmes, appointed Governor of Mississippi Territory in 1809.

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