Econlib

The Library

Other Sites

 Front Page arrow Titles (by Subject) arrow MADISON TO GALLATIN. - The Writings of Albert Gallatin, vol. 1

Return to Title Page for The Writings of Albert Gallatin, vol. 1

Search this Title:

Also in the Library:

Subject Area: Economics
Subject Area: Political Theory

MADISON TO GALLATIN. - Albert Gallatin, The Writings of Albert Gallatin, vol. 1 [1879]

Edition used:

The Writings of Albert Gallatin, ed. Henry Adams (Philadelphia: J.B. Lippincott, 1879). 3 vols.

Part of: The Writings of Albert Gallatin, 3 vols.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


MADISON TO GALLATIN.

Montpelier, August 19, 1808.

Dear Sir,—

The last mail brought me yours of the 9th instant. Not having at hand the regular sources of information on the point to which it refers, I can speak from memory only. The law of nations leaves neutrals free to allow or refuse the sale of prizes, provided the same rule be applied to all the belligerents. The questions, therefore, are what the municipal law here has decided, and how far an Executive decision would be competent; it being understood that treaties furnish no decision. The municipal law, it seems, has made no provision for such a case. The Executive authority does not extend to a restriction, nor even to a definition of the law of nations. It follows that a remedy against the sale of prizes at N. O. can be supplied by Congress alone. Still, if there be any article in any treaty or any law requiring a prohibition of such sales to any one belligerent, or if there be any valid regulation to that effect actually in force, it would be within the exercise at least of Executive authority to extend the prohibition to all other belligerents, on the principle, I presume, that the law of impartiality authorized in the Executive what the duty of neutrality imposed on the nation. I do not recollect precisely what is contained in the French convention on this point, and therefore can make no inference from it. But it runs in my head that there is some unrevoked regulation applicable generally to the sale of prizes. If there be, it must be among the regulations for maintaining our neutral obligations, which were collected some time ago, and copies furnished to the collectors. If you have not already examined them, it may be worth while to do so.

The President has decided, I see, that Turreau be permitted to send his two vessels to France and the West Indies (but not to more distant seas) filled with French subjects who were here at the time of the embargo. You will, I presume, have taken measures accordingly. But, as it may avoid further delay in a case where it is already complained of, I shall desire Mr. Graham to let the President’s determination be known at the Treasury, in order that any provisional arrangements made by you may be expedited.

Not a word has been received from Armstrong since we left Washington. I have a few lines from Pinkney, coming down to the 9th June, which amount to nothing more than that he was in a few days to have an interview with Canning, in which he should press as from himself, and on general grounds, a repeal of the orders, &c., &c. As the interview was presumably of his own seeking, and as the arrival of the St. Michael at L’Orient on her way to England was known, and would furnish, as the Osage did, a good dilatory plea, the interview does not promise much; and the less as the torpor to our affairs will be increased by the animation and hopes excited by those of Spain. If these should become very flattering, it will be in the character of the present Cabinet to raise its tone rather than to revise its errors.

I have just received a petition to the President from merchants in Boston for a removal of the embargo, or a call of Congress for the purpose; and I see that another is on foot, founded on the additional market opened in Spain and expected in Portugal. Such are the malignant manœuvres for vexing the Executive. No efforts of the President could now assemble Congress ten days sooner than the time to which they are adjourned. And to acknowledge the new and local power set up in Spain, and thereby take part in the war against the others, would be an infatuation which the most stupid or the most wicked only could suggest.

Our crops of wheat are but tolerable. The corn-fields promise the most luxuriant crops. The crops of tobacco will not be great, and may be short.

Very sincerely, your friend and servant.