the intended time of my return to Washington. You may therefore, if you think proper, let M Erskine understand that I shall probably be in Washington ab the first of October; or possibly a few days sooner or later, as circumstances may induce. As Jackson has not manifested any solicitude on this point, & has no personal accomodation at stake, there is the less occasion to add any thing to what you have already signified to him, unless indeed it were in some very incidental way. From the character of the man, and the temper of his superiors, any thing beyond that politeness which explains itself, and is due to ourselves, is more likely to foster insolence than to excite liberality or good will.) I return herewith the last letter from Gen! Turreau. He must know that the request relating to the disposition of the crew of the Cerbeau (?) can not be granted; and that no proceedings with respect to the vessel can take place, but in pursuance of the law of nations, or of the leges loci. Accept my affectionate respects.

TO MRS. MADISON.1

Yours of the 1st instant my dearest gives me much happiness but it cannot be complete till I have you again with me. Let me know the moment you can of the time you will set out that I may make

1 From the original among the family papers of the late J. Henley Smith, Esq., of Washington. The letter is undated, but was written in 1809.

arrangements for paying the Dr. &c. My tob has been sold in Ricd but unfortunately the bills are not yet come on & are on N. York at 60 days so that some recognition will be necessary. I did not expect you would receive much from your Tenants. Dont forget to do something as to insuring the buildings. Your question as to Spain & England is puzzling, as one gets into ill humor it is possible the other may change her countenance. If a general war takes place in Europe Spain will probably be less disposed to insult us & England less sparing of her insults whether a war will be forced by either is more than can be foreseen. It certainly will not if they consult their interest. The power of deciding questions of war & providing measures that will make or meet it is with Congress & that is always our answer to Newspapers. Madam T[urreau] is here the General not. Your friends are all well except Capt T[ingey] who has been in extreme danger but is mending. Mrs T also has been unwell. I enclose a letter from Payne & one from Mrs R. Miss P. postscript makes my mouth water. Cousin Isaac's would too, if he had ever had the taste which I have had. Your own

Affec

J. M.

TO THOMAS JEFFERSON.1

WASHINGTON, Novr 6, 1809.

DEAR SIR, I received your letter from Eppington.

1 From the Writings of Madison (Congressional Edition).

I had not heard that either the Attorney General or the Governor of Illinois meant to resign.

Inclosed are several letters for you, received from France by the return of the Wasp. You will see the propriety of my adding one to myself from M: Short, to be returned after perusal. Our information from Paris, of the 19th of September, gives no countenance to the rumoured renewal of hostilities in Austria. The delay of peace in form alone keeps alive such rumours. But why should such an event flatter the hopes of G. Britain? According to all the lessons of experience, it would quickly be followed by a more compleat prostration of her Ally. Armstrong had forwarded to the French Court the measure taken here in consequence of the disavowal of Erskine's arrangement, but there had not been time for an answer. The answer to the previous communication had been, let England annul her illegal blockade of France, and the Berlin decree will be revoked; let her then revoke her orders of November, and the Milan decree falls, of course. This state of the question between the two powers would promise some good, if it were ascertained that by the blockade of France previous to the Berlin decree was meant that of May, extending from the Elbe to Brest, or any other specific act. It is to be feared that there is an intentional obscurity, or that an express and general renunciation of the British practice is made the condition. From G. Britain we have only newspaper intelligence. The change in the Ministry seems likely to make bad worse, unless

we are to look for some favorable change in the extremity to which things must rapidly proceed under the quackeries and corruptions of an administration headed by such a being as Perceval. Jackson is proving himself a worthy instrument of his patron, Canning. We shall proceed with a circumspect attention to all the circumstances mingled in our affairs, but with a confidence, at the same time, in a just sensibility of the nation to the respect due to it.

FIRST ANNUAL MESSAGE.

November 29, 1809.

Fellow-Citizens of the Senate and of the House of Representatives:

At the period of our last meeting I had the satisfaction of communicating an adjustment with one of the principal belligerent nations, highly important in itself, and still more so as presaging a more extended accommodation. It is with deep concern I am now to inform you that the favorable prospect has been overclouded by a refusal of the British Government to abide by the act of its minister plenipotentiary, and by its ensuing policy toward the United States as seen through the communications of the minister sent to replace him.

Whatever pleas may be urged for a disavowal of engagements formed by diplomatic functionaries in cases where by the terms of the engagements a mutual ratification is reserved, or where notice at the time may have been given of a departure from instructions, or in extraordinary cases essentially violating the principles of equity, a disavowal could not have been apprehended in a case where no such notice or violation existed, where no such ratification was reserved, and more especially where, as is now in proof, an engagement to be executed without any such ratification was contemplated

by the instructions given, and where it had with good faith been carried into immediate execution on the part of the United States.

These considerations not having restrained the British Government from disavowing the arrangement by virtue of which its orders in council were to be revoked, and the event authorizing the renewal of commercial intercourse having thus not taken place, it necessarily became a question of equal urgency and importance whether the act prohibiting that intercourse was not to be considered as remaining in legal force. This question being, after due deliberation, determined in the affirmative, a proclamation to that effect was issued. It could not but happen, however, that a return to this state of things from that which had followed an execution of the arrangement by the United States would involve difficulties. With a view to diminish these as much as possible, the instructions from the Secretary of the Treasury now laid before you were transmitted to the collectors of the several ports. If in permitting British vessels to depart without giving bonds not to proceed to their own ports it should appear that the tenor of legal authority has not been strictly pursued, it is to be ascribed to the anxious desire which was felt that no individuals should be injured by so unforesen an occurrence; and I rely on the regard of Congress for the equitable interests of our own citizens to adopt whatever further provisions may be found requisite for a general remission of penalties involuntarily incurred.

The recall of the disavowed minister having been followed by the appointment of a successor, hopes were indulged that the new mission would contribute to alleviate the disappointment which had been produced, and to remove the causes which had so long embarrassed the good understanding of the two nations. It could not be doubted that it would at least be charged with conciliatory explanations of the step which had been taken and with proposals to be substituted for the rejected arrangement. Reasonable and universal