those powers which time and trial show are still wanting.  But it has been taken too much for granted, that by this rigorous construction the treaty power would be reduced to nothing.  I had occasion once to examine its effect on the French treaty, made by the old Congress, and found that out of thirty odd articles which that contained, there were one, two, or three only, which could not now be stipulated under our present constitution.  I confess, then, I think it important, in the present case, to set an example against broad construction, by appealing for new power to the people.  If, however, our friends shall think differently, certainly I shall acquiesce with satisfaction; confiding, that the good sense of our country will correct the evil of construction when it shall produce ill effects.

No apologies for writing or speaking to me freely are necessary.  On the contrary, nothing my friends can do is so dear to me, and proves to me their friendship so clearly, as the information they give me of their sentiments and those of others on interesting points where I am to act, and where information and warning is so essential to excite in me that due reflection which ought to precede action.  I leave this about the 21st, and shall hope the District Court will give me an opportunity of seeing you.  Accept my affectionate salutations, and assurances of cordial esteem and respect.

Th:  Jefferson.

LETTER III.—­TO DOCTOR BENJAMIN RUSH, October 4, 1803

TO DOCTOR BENJAMIN RUSH.

Washington, October 4, 1803.

Dear Sir,

No one would more willingly than myself pay the just tribute due to the services of Captain Barry, by writing a letter of condolence to his widow, as you suggest.  But when one undertakes to administer justice, it must be with an even hand, and by rule; what is done for one, must be done for every one in equal degree.  To what a train of attentions would this draw a President?  How difficult would it be to draw the line between that degree of merit entitled to such a testimonial of it, and that not so entitled?  If drawn in a particular case differently from what the friends of the deceased would judge right, what offence would it give, and of the most tender kind?  How much offence would be given by accidental inattentions, or want of information?  The first step into such an undertaking ought to be well weighed.  On the death of Dr. Franklin, the King and Convention of France went into mourning.  So did the House of Representatives of the United States:  the Senate refused.  I proposed to General Washington that the executive departments should wear mourning; he declined it, because he said he should not know where to draw the line, if he once began that ceremony.  Mr. Adams was then Vice-President, and I thought General Washington had his eye on him, whom he certainly did not love.  I told him the world had drawn so broad