Monticello May 19. 06 Dear Sir Your letter of May 14. has been received and duly considered, & I now return the several papers it covered. not having here a copy of the laws of the last session, I can only say that according to the general impression I retain of those respecting the subject of your's mr Gallatin's letters, mr Gallatin's ideas [illegible] generally with that impression. in one point & differ from him, the 1st in his letter, & that I may be more distinctly understood. I will [illegible] my whole view of our naval establisment. 2. our Peace establishment, limited only by number of 925. men which we may employ. 3. our Gunboats, limited only by the sum of 20,000 D. which we may expand in officering , manning, equipping. 4. the Navy yard establishment, limited by specific appropriations. These are all unconnected, unmixed, & founded on different legal authorities. The war being over the was establishment is at an end; not indeed at the instant of ratifying the heavy of peace, or of it; being know in the Mediterranean. The men are not to be discharged where, or the ships left, but a reasonable time is allowed to bring them home; and it is our duty to make this time as short as we can. in forming our peace establishment, we are free to do it by raising new men, or by transferring a part from the war - to the peace-establishment. in conformity with these opinions, at our meetings May. 2. when all the members of the administration were together, we [struck] determine that our force in peace 2. frigate & brigs should for the present be employed in the Mediterranean, that the Essex, one of those now there, & 2. of the brigs now there should be continued on the Peace establishment, & remain there, & all the rest be called home and discharged; and that the Chesapeak should be immediately manned & sent to the Mediterranean to compeat [sic] our force there. in this way we should have transferred about 500. men from the war to the peace establishment, & have sent there about 250. new men, with a right to employ about 175. other elsewhere as occasion might require. These opinions could not have been given but on the ground of the war & peace-establishment being [illegible], & I mention them particularly, because having been given unanimously I consider them as the settled principles on which we are to act. I inclose [sic] you are letter from Gen. Smith furnishing a matter of fact in support of the same construction of the laws, to be returned to me. The proposition in your letter is, instead of raising new men for the Chesapeake, to transfer those of the constitution to the peace establishment, & let her remain on that station for the present as this does not substantially vary from the settle plan, I approve of it: and the rather as our orders recalling the residue of the was force having been not understood, or not obeyed, we shall be this measure [struck] put down this portion of the war force as early as if the order had been obeyed. They should be carried to the expence [sic] of the peace fund only when they receive the orders to remain there. With respect to Captn. Rogers's proposition to keep the residue of the force on that station till the fall, it is 1. contrary to what we had unanimously settled, which I should be unwilling [insert] to contravene. & 2 beyond our legal authority. for as the [insert] 6 small vessels, whatsoever [insert] excess their crews should constitute beyond 925 it would be against law to continue; & as to the 8 gunboats, they having full complements of men, & 11. here with sailing complements, would soon exhaust the 20,000. D. & leave us no defence [sic] for our parts. however as the detention of these 6. small vessels & 8. gunboats, against order will have had the effect of their being actually [illegible] at the arrival of Melli Melli, the time necessary for getting ready for departure after receipt of the [illegible] order, will give whatever influence their presence could have on the determination of the Bashaw. Upon the whole, my opinion is in favor of transferring the crews of the Essex & Constitution & of two of the small vessels to the peace establishment, and recalling the other 6. small vessels to the peace establishment, and recalling the other some days, [illegible] to effect, by their countenance, the establishment of our peace with the Bashaw: and to abandon the manning of the Chesapeake. As to the vessel to be given in lieu of the Xebec [sic] sold, mr. Barlow [illegible] opinion which merits attention, that is well painted and appearing well superficially, the expence [sic] of being put into though order may be avoided provided we conciliate the [illegible] by a good present. The greatest difficulty seems to be the accommodation of Melli Melli. I am afraid he will not like a passage in so small a vessel, and he ought to be sent home personally satisfied. you gentlemen who are together will be so good as to arrange this to his gratification. When we were together, as we expected that on the arrival of Melli Melli & Lear, our small vessels & boat would become away, we concluded that if war was the will of the Bashaw the 2. frigates & 2. brigs might immediately commence a blockade. should that now take place, all our force being present, I presume these can be no difficulty in authorizing an immediate bombarding or an enterprise on Poro Farino. That is if war be declared or hostilities actually commenced by him, but suppose he draws on between peace & war, refusing a new recognition of our [illegible], yet not sending away our Consul, nor doing any act of hostility, waiting the departure of our small vessels & boat. are we authorized to consider this as such evidence of war intended, as to authorize us to be the first to commit an act of hostility I suppose not. under the law of Mar. 25. 1804. and as, the Tripoline war will have been ended, & no other Barbary power will have committed hostilities on us', I presume we are bound to order home the small vessel & gunboats, and in the event of actual hostility we must content ourselves with a blockade as at first proposed. is not this one of the cases where it is better for the public to give up the benefit of a part of the good which might have been done, rather than by trusting too much to Executive discretion, give them too much the power of doing them? or is it one of those cases where the Executive should hazard the doing good against law, and throw himself on his country for justification? If it be the latter, I should think it better to offend law by a longer detention of the gunboats & small vessels there, than by an actual commencement of hostilities. I consider this as a difficult part of the instructions to be given to our officer commanding there, & recommend it to the consideration of the members of the administration who are present. I presume mr Gallatin is gone, & I think he told me he should be back about the time of my return, which will be about the 7th day of June, before which doubtless the Mediterranean affairs will be all dispatched. Accept my affectionate salutations & assurance of great esteem and respect. Th: Jefferson