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

TO THE SECRETARY OF STATE (JAMES MADISON.) - Thomas Jefferson, The Works, vol. 10 (Correspondence and Papers 1803-1807) [1905]

Edition used:

The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 10.

Part of: The Works of Thomas Jefferson, 12 vols.

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


TO THE SECRETARY OF STATE
(JAMES MADISON.)

j. mss.

Monticello Sept. 23, 06.

Dear Sir,

—Yours by yesterday’s post has been received, and I now return you the letters of Yznardi, Wilkinson, Cathcart, Clinton, Toulman & Turreau. In the answer to the latter I think it would be better to lay more stress on the constitutional bar to our furnishing the money, because it would apply in an occasion of peace as well as war. I submit to you therefore the striking out the words “it is not &c.” within Crotchets () in your draught & inserting “but in indulging these dispositions the President is bound to stop at the limits prescribed by our Constitution & law to the authorities placed in his hands. One of the limits is that ‘no money shall be drawn from the Treasury but in consequence of appropriations made by law’ & no law having made any appropriation of money for any purpose similar to that expressed in your letter it lies of course beyond his constitutional powers. This insuperable bar renders it unnecessary to inquire whether the aid you request could be reconciled to” &c. But both as to the matter and form of this alteration, you will decide. I do not think the loan of our navy yard any more contrary to neutrality than that of our ports. It is merely admitting a ship to a proper station in our waters. But this may be a subject of future consultation. I send for your persual two letters from Yznardi, and an anonymous one. The postmark on this last was Philadelphia, & you will be at no loss to conjecture it’s Spanish source.