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My conjecture is that your father was the correspondent through whom Dr. Belknap contributed to the monthly magazine which I have mentioned, and that it was thus that this paper came to his hands. It was published in the magazine for the month of September, 1787, of which it is probable there must be copies yet existing at Philadelphia. Of the motives for preserving the manuscript after the publication it would be needless and perhaps fruitless to enquire.

Among the interesting casualties of my life to which this performance has given rise I shall yet long remember that your father did preserve it, and that at a distance of thirtyfive years it was recommended by the very same internal proprieties to the favorable regard of Dr. Belknap and yourself.

I am, etc.1

TO ROBERT WALSH

WASHINGTON, 12th October, 1822.

DEAR SIR:

My pamphlet was published by the printers at their own charge and if they can make any profit from it for their own

1 At this time Jefferson believed the contest for the Presidency to have narrowed down to Adams and Crawford, and his sympathies were with the latter. Adams was "supposed to be a consolidationist,” belonging to the new republicans, "preaching the rankest doctrines of the old Federalists." Crawford was "a republican of the old school, a friend to the constitutional organization of the government, and believing that the strength of the members can alone give real strength to the body. And this is the sentiment of the nation." Letters to Lafayette and Gallatin, October, 1822. Writings (Ford), X. 234, 236. Writing in August, 1823, to Samuel Harrison Smith he enlarges on this distinction, and says that with Adams he had had "a long acquaintance, but little intimate because little in political unison;" with Crawford, "a short but more favorable acquaintance because always in unison."

profit, I did not stipulate with them for a single copy, though they have sent me a small number which I have distributed among those of my friends who might take particular interest in the subject. As the publishers took the circulation of the book upon themselves, I know not how it has happened that they have not yet forwarded the number of copies which they destined to Philadelphia. I should suppose that in the way of trade it would be for their own interest to take advantage of the curiosity, a remnant of which may yet tempt purchasers.

I had noticed in the National Gazette of the 8th the extract of my argument upon the nature of our fishing rights and liberties, and the peculiar character of the treaty of 1783. I approve altogether the omission from this extract of the sarcasm upon Russell's conceited ignorance in the assertion that before the revolution the king of England might by his prerogative have deprived us of the fisheries, whenever and however he might think proper. But should not your extract have begun by the paragraph itself of the note of 10th November, 1814, upon which the whole argument is founded? The extract begins by saying the only grounds upon which the fishing rights and liberties could be maintained were contained in the principle asserted by this PARAGRAPH, and the paragraph itself, which in the book immediately precedes, is omitted from the extract. Is it not thus a building erected without laying the corner stone? It would have added only one short sentence to the length of the extract, and the whole controversy is but the fruit of which that paragraph was the kernel.

I am exceedingly gratified with the opinion expressed in your letter; upon this publication, on the occasional part of which I would not wish to waste another thought, but of which, if I do not deceive myself, I may say in the words of

Junius, that "when the force and direction of personal satire is no longer understood, and when measures are only felt in their remotest consequences, it will be found to contain principles worthy to be transmitted to posterity." The great principle for which I hold myself responsible is that of the paragraph above mentioned, although, as you have seen, it was drawn up, proposed to the mission, and inserted in the note by and at the proposal of Mr. Clay. The more it has been contested the more deeply has the conviction of its soundness been rivetted in my mind. As to the value of the fishing liberties, I think we shall hear no more question about that. With regard to the navigation of the Mississippi and its worthlessness to the British, if their having finally given it up for nothing were not in all sober reasoning conclusive, I should see that some handle might yet be made of it to prejudiced minds. But I think to no others. I have received numerous and respectable notices from the western country, even from Missouri, that the subject there is well understood and viewed in its proper light. The attempts there and in Kentucky to suppress my side of the question, while they have disclosed more conspicuously the motives for bringing out Russell's letter, have been but very partially, if at all, successful to their ultimate object. At all events my defence and my arguments are now both before the public, and I surrender them to the animadversions of friend and foe and to the judgment of present and future times.

I am, etc.1

1"Mr. Jefferson returns his thanks to Mr. Adams for the copy of the Ghent Documents which he has been so kind as to send him. So far as concerns Mr. Adams personally, the respect and esteem of the public for him was too firmly and justly fixed, to need this appeal to them; but the volume is a valuable gift to his fellow citizens generally, and especially to the future historian whom it will enable to give correct ideas of the views of that treaty, and to do justice to the abilities with

SIR,

TO STRATFORD CANNING

DEPARTMENT OF STATE,

WASHINGTON, II November, 1822.

Your letter of the 25th ulto. having been laid before the President of the United States, I am directed to assure you of the disposition of this government to coöperate with that of Great Britain in every measure necessary for opening the commercial intercourse between the United States and the British colonies in America, upon principles of liberal reciprocity.

This policy was manifested in the act of Congress, passed at their last session, authorizing the President by anticipation to open the ports of the United States to British vessels from the ports of the British colonies in the West Indies, which might, in the interval before the next session of Congress, be opened to the vessels of the United States.

It was equally manifested by the executive government, when immediately after receiving advice of the passage of the act of Parliament of the 24th of June last, "to regulate the trade between his Majesty's possessions in America and the West Indies, and other places in America and the West Indies," the proclamation was issued on the 24th of August; wherein, by a liberal construction of the act of Congress of the 6th of May, the ports of the United States which it was negotiated," October 23, 1822. Ms. "The Treaty of Ghent forms a prominent epoch in our national history, and will be a lasting monument of the ability and patriotism with which it was negotiated. Incidents elucidating the transaction cannot therefore but be interesting, and they are made the more so by the eloquent strain in which they are presented. Accept my thanks, Sir, for the little volume containing them, with assurances of my continued esteem and cordial respects." Madison to John Quincy Adams, October 24, 1822. Ms.

were opened to British vessels coming from any of the ports of the British colonies in America, which by the act of Parliament were opened to the vessels of the United States.

But the authority of the President was limited by the act of Congress of the 6th of May last, to the opening of the ports of the United States to British vessels employed in the trade and intercourse between the United States and the British islands or colonies opened by the act of Parliament to vessels of the United States, subject to such reciprocal rules and restrictions as the President might by his proclamation make and publish, “anything in the laws, entitled an act concerning navigation, or an act entitled an act supplementary to an act concerning navigation, to the contrary notwithstanding."

The act of Congress does not authorize the President to extend to British vessels coming from the British ports in America, the privileges enjoyed by British vessels from the European British ports by virtue of the convention of 3 July, 1815; nor to remit duties levied upon British and all other foreign vessels not specially privileged by treaty or by mutual privilege sanctioned by law; nor to repealing discrimination prescribed by other acts of Congress than the two navigation acts above specified. The tonnage duty of one dollar, and the additional ten per cent upon the duties levied on importations in foreign unprivileged vessels, are prescribed by other acts of Congress, and are altogether independent of any restrictions which had been imposed on the commercial intercourse between the United States and the British colonies in America. They can be revoked only by the same authority by which they were enacted.

The act of Parliament does not extend to vessels of the United States, admitted by it into the colonial ports, the privileges secured to the same vessels entering the British

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