Washington Nov. 1. 1801 Dear Sir I some days ago received a letter from [illegible] Denniston & Chetham of the most friendly kind, asking the general grounds on which the Nolle prosequi in Duane', case ought to be presented to the public, which they proposed to do. you are sensible I must avoid committing myself in that channel of justification, & that were I to do it in this case I might be inexpedient self to the incivility of giving no answer. I have thought therefore of laying your friendship under contribution & asking you to take the trouble of seeing them, & of saying to them, that the question being in the line of law I had desired you to give them the explanation necessary my text of explanation would be this… the President is to have [struck] the laws executed. he may order an offence then to be prosecuted. if he sees a prosecution put into a train which is not lawful, he may order it to be discontinued and put into legal train. I found a prosecution going on against Duane for an offence against the Senate, founded on the Sedition act. I affirm that act be no law, because in opposition to the constitution; and I shall treat it as a nullity whenever it comes in the way of my functions. I therefore [illegible] that prosecution to be discontinued & a new one [insert] to be commenced, founded on whatsoever other law might be in existence against the offence. This was done & the Grand jury finding no other law against it, declined doing away anything under the bill. These appear to me to be no weak part in any of these positions or inferences. There is however in the application to you to trouble yourself with the question. for this I owe apology, & build it on your goodness & friendship. Health & happiness cum [illegible] [illegible] Th: Jefferson Edward Livingston esq.