I have recd. and thank you for the Copy of the Memorial against privateering, and of the number of “the Friend of Peace,[”] which you had the Goodness to send me on the 1st. Instant.1

The Object of the Memorial meets with my approbation, tho’ not entirely for the Reasons specified in it. The Memorial states that “Crimes of the deepest Die abound in the Land”— and that much of their Prevalence “may justly be imputed to the Practice of Privateering”.— That Practice may tend to reconcile a certain Description of Persons who engage in it, to culpable acts of Violence & Depredation;— but there are many other Classes of Crimes, to which it bears little or no Relation. Sundry Instances even of atrocious and criminal Violence have occurred, which cannot be ascribed to privateering.

But whatever may be the Degree or Extent of its Tendency to such Evils, I think that Warfare on the ocean, as well as warfare on the ocean ^Land^, should be conducted with as much Conformity as possible to the Laws of War— and therefore should prefer committing it exclusively to the national military marine, which can be governed with m and controuled with more Facility and Promptitude than Privateers— For this and other concurrent Reasons and Considerations, it appears to me adviseable, that the Practice of privateering be discontinued— If the Experiment should be made, the Result of it would place this Subject in a clearer Light than that in which it can now be viewed—

It may be objected that according to this Plan ^would leave^ commercial Navigation would still ^exposed^ to interruption, and Merchants ^to^ suffer from Captures— This is true— The Purpose of just and necessary war is to compel the offending Party to consent to Peace on just and reasonable Terms. This can only be done by inflicting upon him the sufferings which the Laws of War authorise; for as national Injustice produces war, so the national Distress caused by it, leads to Peace. The Sufferings of Individuals are of necessity among the Items which compose that national Distress, and the offending Belligerent is responsible for them all.—

As to The Increase of crimes aggregately considered, I am[illegible]to ^is a Topic on which^ much may be said. Whether the Severity of our penal Laws has been mitigated too much or too little, Experience will decide. In free States particularly, Punishments should be mild and certain— Had we been as careful to make them certain as to render them mild, [illegible]of Malefactors would probably have been less [illegible] ^numerous^. But while the Degeneracy of human nature continues to dispose and excite Men to seek for Gratifications beyond the Limits of Right, there will be malefactors— Penal Laws, however well devised and executed, can do no more towards the Prevention of Crimes, than to counteract vicious Propensities, by the certainty & consequent Fear of Punishment— They may now infuse that Fear, but they cannot infuse a Disposition to Rectitude—

There is nevertheless much Reason to hope and expect that the Exertions which are making in this and some other Contries, to promote and extend the [illegible]of Influence of the Gospel on the Education and Conduct of the rising Generation, will increase the Number of virtuous Individuals, and thereby augment the General Welfare

These Remarks contain nothing new to recommend them— I offer them merely as Marks of the attention & Regard with which I am Revd. Sir your obt. Servt.