definitions of the powers which that instrument gives. It specifies and
delineates the operations permitted to the federal government, and gives
all the powers necessary to carry these into execution. Whatever of
these enumerated objects is proper for a law, Congress may make the law;
whatever is proper to be executed by way of a treaty, the President and
Senate may enter into the treaty; whatever is to be done by a judicial
sentence, the judges may pass the sentence. Nothing is more likely than
that their enumeration of powers is defective. This is the ordinary case
of all human works. Let us go on then perfecting it, by adding, by way
of amendment to the constitution, 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