that it had been his intention to dismiss all the
prosecutions at the first meeting of the court, and
to accompany it with an avowal of his opinion, that
they could not be maintained, because the federal
court had no jurisdiction over libels. This was
accordingly done. I did not till then know that
there were other prosecutions of the same nature, nor
do I now know what were their subjects. But all
went off together; and I afterwards saw, in the hands
of Mr. Granger, a letter written by the clergyman,
disavowing any personal ill will towards me, and solemnly
declaring he had never uttered the words charged.
I think Mr. Granger either showed me, or said there
were affidavits of at least half a dozen respectable
men who were present at the sermon, and swore no such
expressions were uttered, and as many equally respectable
who swore the contrary. But the clergyman expressed
his gratification at the dismission of the prosecution.
I write all this from memory, and after too long an
interval of time to be certain of the exactness of
all the details; but I am sure there is no variation
material, and Mr. Granger, correcting small lapses
of memory, can confirm every thing substantial.
Certain it is, that the prosecutions had been instituted,
and had made considerable progress, without my knowledge;
that they were disapproved by me as soon as known,
and directed to be discontinued. The attorney
did it on the same ground on which I had acted myself
in the cases of Duane, Callender, and others; to wit,
that the sedition law was unconstitutional and null,
and that my obligation to execute what was law, involved
that of not suffering rights secured by valid laws,
to be prostrated by what was no law. I always
understood that these prosecutions had been invited,
if not instituted, by Judge Edwards, and the marshal,
being republican, had summoned a grand jury partly
or wholly republican: but that Mr. Huntington
declared from the beginning against the jurisdiction
of the court, and had determined to enter
nolle-prosequis
before he received my directions.
I trouble you with another subject. The law making
my letters post free, goes to those to me only, not
those from me. The bill had got to its passage
before this was observed (and first I believe by Mr.
Dana), and the house under too much pressure of business
near the close of the session to bring in another
bill. As the privilege of freedom was given to
the letters from as well as to both my predecessors,
I suppose no reason exists for making a distinction.
And in so extensive a correspondence as I am subject
to, and still considerably on public matters, it would
be a sensible convenience to myself, as well as those
who have occasion to receive letters from me.
It happens, too, as I was told at the time (for I
have never looked into it myself), that it was done
by two distinct acts on both the former occasions.
Mr. Eppes, I think, mentioned this to me. I know
from the Post Master General, that Mr. Adams franks
all his letters. I state this matter to you as
being my representative, which must apologize for
the trouble of it. We have been seasonable since
you left us. Yesterday evening and this morning
we have had refreshing showers, which will close and
confirm the business of planting. Affectionately
yours,