I have not yet acknowledged my obligation to you for your favor of Augt 22. if my hasty scrawls written in gloomy times and desperate circumstances, have furnished you an amusement for a vacant hour I am glad of it.

My present office is as agreable to me as any public office ever can be: and my situation as pleasing as any on this earth, excepting Braintree. My compensation will be straightened to such a degree, that to live among foreign ministers, travelling Americans, Govenors, Chancellors, Judges, Senators and Repre in a style which my unmerciful Countrymen exact of all their public men, will require the consumption of the whole of it with the whole income of my private fortune added to it: and after all I shall be but poorly accommodated. But I have often been obliged to apply to myself what one of my predecessors in the Corps diplomatique in Holland, wrote to his master. The President Jeannin, Ambassador from Henry 4th of France, wrote him from Holland “Sire I have been so long used to labour a great deal, and profit little, that the habit is 149 familiar, and I am contented.”1 Jeannin however profited more and labored less, and never ran the gauntlet among halters, axes, libels, Daggers, cannon balls, and pistol bullets as I have done, nor performed one half of the immense journeys and voyages that have fallen to my lot.

Every unpopular point is invariably left to me to determine so that I must be the scape goat, to bear all their sins, without a possibility of acquiring any share in the honor of any of their popular deeds— If legislative, my friend, and judicial work their way, and the executive has not weight to ballance the former, what will be the consequence? an unballanced Legislative is a tyranny, whether in one few or many. A more important question, than yours concerning treason, never was proposed upon any part of the constitution: and upon the right decision: of it will, in my opinion, depend the existence of government. Two sovereignties against which treason can be committed can never exist in one nation or in one system of laws.— We should soon see officers of the national government indicted convicted and executed for treason against the seperate states, for acts done by virtue of their offices and in discharge of their duty. The clause you refer to in ss: 2 Art 4 is this “A person charged in any state with treason, felony or other crime who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime” But this in the case of treason can mean only that the traitor may be tried, by the national judicial in the State where the crime was committed according to those words in ss: 2 Art 3 “The trial of all crimes, except in cases of impeachment shall be by Jury: and such trial shall be held in the state where the said crimes shall have been committed.[”] I am not enough acquainted with the subject of Pyracy to form any opinion.

The character, biography and merits of our friend N—C. has been long since laid before the President, in as handsome terms as I was master of, and if he is passed by it will be from public motives only, I presume. I hope he will bear it with magnanimity: but I know not the Presidents intentions. Mrs A joins with me in kind compts: to Mrs Cushing & yourself— Your letters sir are not like hundred I receive— They contain profound and useful enquiries, a continuance of them will be a favor to

I received your Letter of the 7th in due Season and have delayed my Answer, in hopes it might be more determinate. I have received also Letters from Governor Bowdoin and Mr Higginson on the Same Subject.1 The Contents of these Letters appeared to me of Such Importance, that I thought it my Duty to lay them before the President, as [in]formation that he ought to be possessed of;—Since which I have had more than one personal Conference with him on the Subject;—What his decision will be I am not able to say. Applications and Recommendations and Representations are made to him from all Parties. Mr H. & Mr A. are not Silent,2 any more than others who are more zealous for the new Govt.— The President Examines and weighs with great Attention and Care, and determines according to Principles which he has laid down for himself, which in general are good & wholesome.

For my Part, I am So clearly convinced, of the Necessity of an Unity in the Executive Authority of Government, and of the Propriety of having all Appointments vested in one Breast, that I wish my Friends would excuse me from interfereing on any Occasion. The Daily Labour, of my Attendance in Senate, is fatiguing, the delicacy of finding proper times to converse with the President, on Appointments, renders it difficult, and after all, my information can be but partial, when his, is compleat.— Especially as I am to be made the Scape Goat, on whom all the sins of Unpopularity are to be laid.— My Exertions for Lincoln, have torn open an hornets Nest at Boston, and my Vote for the Presidents Power of Removal, according to the Constitution, has raised from Hell an host of political and poetical Devils.—

I have waited on the President expressely in behalf of our Friend Jackson: He listenened Attentively to all my Representations: but I found that other Characters were in contemplation, meritorious Officers in the late Army and amiable Men, it must be confessed.

In all Events, my Friend, Suffer not these Things to affect your Spirits or your Happiness.— You may have cause to rejoice, that you 151 have met a disappointment, if even that should happen.— Things are not enough settled, to make any Place desireable.

at least this is still the Opinion of, dear sir / Your old Friend and faithful humble / sert