ns in the hands
of the party, is as yet no deed, it is in posse only, but not in
esse, and I withheld delivery of the commissions. They cannot issue a
mandamus* to the President or legislature, or to any of their officers.
When the British treaty of 180- arrived, without any provision against
the impressment of our seamen, I determined not to ratify it. The Senate
thought I should ask their advice. I thought that would be a mockery of
them, when I was predetermined against following it, should they advise
its ratification. The constitution had made their advice necessary to
confirm a treaty, but not to reject it. This has been blamed by some;
but I have never doubted its soundness. In the cases of two persons,
antenati, under exactly similar circumstances, the federal court had
determined that one of them (Duane) was not a citizen; the House of
Representatives nevertheless determined that the other (Smith of South
Carolina) was a citizen, and admitted him to his seat in their body.
Duane was a republican, and Smith a federalist, and these decisions were
during the federal ascendancy.

* The constitution controlling the common law in this
particular.

These are examples of my position, that each of the three departments
has equally the right to decide for itself what is its duty under the
constitution, without any regard to what the others may have decided
for themselves under a similar question. But you intimate a wish that my
opinion should be known on this subject. No, dear Sir, I withdraw
from all contests of opinion, and resign every thing cheerfully to
the generation now in place. They are wiser than we were, and their
successors will be wiser than they, from the progressive advance of
science. Tranquillity is the _summum bonum_ of age. I wish, therefore,
to offend no man's opinions, nor to draw disquieting animadversions
on my own. While duty required it, I met opposition with a firm and
fearless step. But, loving mankind in my individual relations with
them, I pray to be permitted to depart in their peace; and like the
superannuated soldier, '_quadragenis stipendiis emeritis_'to hang my
arms on the post. I have unwisely, I fear, embarked in an enterprise of
great public concern, but not to be accomplished within my term, without
their liberal and prompt support. A severe illness the last year and
another from which I am just emerged, admonish me that repetitions may
be expected, against which a declin