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 meddle in it, or give room to a discussion of it in Congress.
Randolph had prepared a draught of the speech. The clause recommending fortifications was left out; but that for a military academy was inserted. I opposed it, as unauthorized by the constitution. Hamilton and Knox approved it without discussion. Randolph was for it, saying that the words of the constitution anthorizing Congress to lay taxes, &c. for the common defence, might comprehend it. The President said he would not choose to recommend any thing against the constitution, but if it was doubtful, he was so impressed with the necessity of this measure, that he would refer it to Congress, and let them decide for themselves whether the constitution authorized it or not. It was, therefore, left in. I was happy to see that Randolph had, by accident, used the expression ‘our republic,’ in the speech. The President, however, made no objection to it, and so, as much as it had disconcerted him on a former occasion with me, it was now put into his own mouth to be pronounced to the two Houses of legislature.
No material alterations were proposed or made in any part of the draught.
After dinner, I produced the draught of messages on the subject of France and England, proposing that that relative to Spain should be subsequent and secret.