[22 Oct^r 1796 J Winchester] [FREE] The Hon^ble James M^cHenry, Esq^r Secretary at War Philadelphia Balt^o 22 Oct^r 1796 My dear Sir The length of our County Court, the great increase of business there— the necessary preparation for the approaching general Court and the State of Politics here have prevented my acknowledging your last favor & the receipt of the Colors &c. I admire, I bee now— As I knew M^cRiddell's attory to be equally wanting in candor and I [undecipherable] any observation on the subject of his claim waiting for the opportunity of defence until the full facts shall be probed— they however decree to explain to [undecipherable] the public writes, they will continue to [undecipherable] their one time most [undecipherable]. M^r M^cFaddon & myself having espoused different interests have employed our time in obtaining signatures on the subject of the B. Treaty of our Course Grandons claim is on the [undecipherable] The alarm occasioned by the obstinate pursuit of the disorganizing system, has not been equalled here within my knowledge— On address was some time since proposed to the President but declined at the last efficacious mode of accomplishing our object. Genl Smith was down when the instructions were agitated— Conscious that his conduct opposed the sense of his constituents— that his popularity received a severe blow— that the instructions contained strong indirect censure of his past conduct— that they signalized in a determination to go all proper lengths— His exertions to blunt them were supposed were proportioned to the consequences he apprehended— Having failed they set on foot a Counter Instruction (if I may so call it) expressing approbation of his Conduct & reliance on his prudence judgement and integrity— It would not have done to have proposed an address against carrying the treaty into effect— Twenty signers could not have been obtained— "Washington & Peace" was the exclamation in every Circle & in every street of the Town— Even the [undecipherable] bolus which they had prepared for the desponding leaders of this part of the Randolphian faction, obtained but few signers and those by vigorous exertion united to the most shameful misrepresentations. You well know that that party is characterized by a more systematic pursuit of their measures, than their opponents— But on this occasion to defeat their plans no influence, no exertion was wanting— It was barely to present the Instructions & they were signed— The meeting of the merchants & traders on the subject of an address to Congress was attended very numerously & unanimously agreed given to the Drafter— it will be signed by all our respectable Citizens— S. S. must go out— he cannot stand another election— He was told in large parties— "Sir you shall be turned out" Rd.— "you cannot turn him out"— Yes— was the answer Col^o Howard or Ille can do it— As my professional engagements render it impossible for me to engage in any representative office I have peremptorily declined. I will not suffer myself to be polled— if Col^o Howard can be prevailed on to serve He will of course be our next delegate— I have heretofore thought the Treaty a bad one— and have acted under that impression. But from inability to form a correct opinion, have never endeavored to make a Convert to a subject I did not fully comprehend— But on one Question I have no doubt— The Legislature possess neither expressly or incidentally any authority to give effect to or oppose the operation of Treaties. The making a treaty is not a legislative function. It is not strictly an executive Power— They depend on [underline: Contract] and their obligation is the Consequence of good faith.— But whether this opinion is just or not— Every consideration which can attach a man to his Country unite to press giving efficacy to the Treaties. I am D^r Sir with sincere Esteem Y^r obed Ser J. Winchester The Hon^ble James M^cHenry.