You know my doubts, or rather convictions, about the unconstitutionality of the act for building piers in the Delaware, and the fears that it will lead to a bottomless expense, and to the greatest abuses.  There is, however, one intention of which the act is susceptible, and which will bring it within the constitution; and we ought always to presume that the real intention which is alone consistent with the constitution.  Although the power to regulate commerce does not give a power to build piers, wharves, open ports, clear the beds of rivers, dig canals, build warehouses, build manufacturing machines, set up manufactories, cultivate the earth, to all of which the power would go if it went to the first, yet a power to provide and maintain a navy is a power to provide receptacles for it, and places to cover and preserve it.  In choosing the places where this money should be laid out, I should be much disposed, as far as contracts will permit, to confine it to such place or places as the ships of war may lie at, and be protected from ice:  and I should be for stating this in a message to Congress, in order to prevent the effect of the present example.  This act has been built on the exercise of the power of building light-houses, as a regulation of commerce.  But I well remember the opposition, on this very ground, to the first act for building a light-house.  The utility of the thing has sanctioned the infraction.  But if on that infraction we build a second, on that second a third, &c, any one of the powers in the constitution may be made to comprehend every power of government.  Will you read the enclosed letters on the subject of New Orleans, and think what we can do or propose in the case?

Accept my affectionate salutations.  October 13, 1802.

LETTER CCCI.—­TO LEVI LINCOLN, October 25, 1802

TO LEVI LINCOLN.

Washington, October 25, 1802.

Dear Sir,

Your favor of the 16th is received, and that of July the 24th had come to hand while I was at Monticello.  I sincerely condole with you on the sickly state of your family, and hope this will find them re-established with the approach of the cold season.  As yet, however, we have had no frost at this place, and it is believed the yellow fever still continues in Philadelphia, if not in Baltimore.  We shall all be happy to see you here whenever the state of your family admits it.  You will have seen by the newspapers that we have gained ground generally in the elections, that we have lost ground in not a single district of the United States except Kent county in Delaware, where a religious dissension occasioned it.  In Jersey the elections are always carried by small majorities, consequently the issue is affected by the smallest accidents.  By the paper of the last night we have a majority of three in their Council, and one in their House of Representatives:  another says it is only of one in each House:  even the latter