rather construe so narrowly as
to oblige the nation to amend, and thus declare what powers they would
agree to yield, than too broadly, and, indeed, so broadly as to enable
the executive and Senate to do things which the constitution forbids.
On the question, which form of explaining the principles of the
proclamation should be adopted, I declared for Randolph's, though it
gave to that instrument more objects than I had contemplated. Knox
declared for Hamilton's. The President said he had had but one
object, the keeping our people quiet till Congress should meet; that
nevertheless, to declare he did not mean a declaration of neutrality,
in the technical sense of the phrase, might perhaps be crying _peccavi_
before he was charged. However, he did not decide between the two
draughts.
November the 23rd. At the President's. Present, Knox, Randolph, and Th:
Jefferson. Subject, the heads of the speech. One was, a proposition to
Congress to fortify the principal harbors. I opposed the expediency
of the General Government's undertaking it, and the expediency of the
President's proposing it. It was amended, by substituting a proposition
to adopt means for enforcing respect to the jurisdiction of the United
States within its waters. It was proposed to recommend the establishment
of a military academy. I objected that none of the specified powers
given by the constitution to Congress, would authorize this. It was,
therefore, referred for further consideration and inquiry. Knox was for
both propositions. Randolph against the former, but said nothing as to
the latter. The President acknowledged he had doubted of the expediency
of undertaking the former; and as to the latter, though it would be a
good thing, he did not wish to bring on any thing which might generate
heat and ill-humor. It was agreed that Randolph should draw the speech
and the messages.
November the 28th. Met at the President's. I read over a list of the
papers copying, to be communicated to Congress on the subject of Mr.
Genet. It was agreed that Genet's letter of August the 13th to the
President, mine of August the 16th, and Genet's of November to myself
and the Attorney General, desiring a prosecution of Jay and King,
should not be sent to the legislature: on a general opinion, that the
discussion of the fact certified by Jay and King had better be left to
the channel of the newspapers, and in the private hands in which it now
is, than for the President to med
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