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Subject Area: Political Theory
Topic: The American Revolution and Constitution

21 Jan. 1801: MESSAGE TO THE SENATE; TRANSMITTING A REPORT OF THE SECRETARY OF STATE. - John Adams, The Works of John Adams, vol. 9 (Letters and State Papers 1799-1811) [1854]

Edition used:

The Works of John Adams, Second President of the United States: with a Life of the Author, Notes and Illustrations, by his Grandson Charles Francis Adams (Boston: Little, Brown and Co., 1856). 10 volumes. Vol. 9.

Part of: The Works of John Adams, 10 vols.

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MESSAGE TO THE SENATE;

TRANSMITTING A REPORT OF THE SECRETARY OF STATE.

21 January, 1801.

Gentlemen of the Senate,

In compliance with your request, signified in your resolution of the twentieth day of this month, I transmit you a report, made to me by the Secretary of State on the same day, a letter of our late envoys to him of the 4th of October last, an extract of a letter from our minister plenipotentiary in London to him, of the 22d of November last, and an extract of another letter from the minister to the secretary of the 31st of October last.

The reasoning in the letter of our late envoys to France is so fully supported by the writers on the law of nations, particularly by Vattel, as well as by his great masters, Grotius and Pufendorf, that nothing is left to be desired to settle the point, that if there be a collision between two treaties, made with two different powers, the more ancient has the advantage; for no engagement contrary to it can be entered into in the treaty afterwards made; and if this last be found, in any case, incompatible with the more ancient one, its execution is considered as impossible, because the person promising had not the power of acting contrary to his antecedent engagement. Although our right is very clear to negotiate treaties according to our own ideas of right and justice, honor and good faith, yet it must always be a satisfaction to know that the judgment of other nations, with whom we have connection, coincides with ours, and that we have no reason to apprehend that any disagreeable questions and discussions are likely to arise. The letters from Mr. King will, therefore, be read by the Senate with particular satisfaction.

The inconveniences to public officers, and the mischiefs to the public, arising from the publication of the despatches of ministers abroad, are so numerous and so obvious, that I request of the Senate that these papers, especially the letters from Mr. King, be considered in close confidence.

John Adams.

MESSAGE TO THE SENATE;

ON THE CONVENTION WITH FRANCE.

2 March, 1801.

Gentlemen of the Senate,

I have considered the advice and consent of the Senate to the ratification of the convention with France, under certain conditions. Although it would have been more conformable to my own judgment and inclination to have agreed to that instrument unconditionally, yet, as in this point I found I had the misfortune to differ in opinion from so high a constitutional authority as the Senate, I judged it more consistent with the honor and interest of the United States to ratify it under the conditions prescribed, than not at all. I accordingly nominated Mr. Bayard, minister plenipotentiary to the French republic, that he might proceed without delay to Paris to negotiate the exchange of ratifications; but as that gentleman has declined his appointment for reasons equally applicable to every other person suitable for the service, I shall take no further measures relative to this business, and leave the convention with all the documents in the office of State, that my successor may proceed with them according to his wisdom.

John Adams.

PROCLAMATIONS.