Philadelphia, November 28, 1790
Hon’d Sir
We arrived here yesterday was a week without any occurrence on the road worth mentioning. The President arrived yesterday & the members are coming in for Congress. I have made inquiry with regard to the articles you want, and send you the inclosed paper which will give you information not only with respect to them, but all others in the market here. The high price of sugar makes it advisable I think not to purchase at present. Coffee seems low enough but I do not see any probability of a rise that will be more than equivalent to the loss of the money vested in an article stored away. I shall however await your instructions on this point as well as others; or if I should meet with a bargain on account either of cheapness or quality, perhaps embrace it for you.
The price of securities at which Majr Moore’s certificates would have been sold is 12/6 in the pound, at which of course you are to settle with him. I have forwarded his letter to his son John, with 3 half Jos. & notice of the fund in my hands for him. Of this you will inform my Uncle.
I hope this will find all well and my bro’r Ambrose restored. Tell him I shall expect to hear often from him as well as yourself. I hope you have not forgotten to pay Majr. Lee, and that Robin & the will have given Sawney the aids necessary for the jobb I left unfinished. With my love to my mother & regards for the family I remain your afft son.
New York, August 14, 1790
Hond Sir
Cong. not having closed their Session till the day before yesterday, and the weather being extremely hot, I have thought it necessary in order to avoid the danger of a bilious attack to which I am become very subject, to wait here a few weeks which will render the journey more safe, and afford me moreover the pleasure of Mr. Jeffersons company quite to Orange. This resolution puts it out of my power to be within the district by the time of the election, and makes it proper that I should intimate the cause of it to a friend in each County. The inclosed are part of the letters written for that purpose.1 I fear the time may be short for conveying them, but hope opportunities may be found. The letter which is not directed is meant for each one of the gentlemen in Louisa, as you and my brother A may think most proper Should the High Sheriff be not improper, perhaps it would be as well for you to address it to him. Perhaps also my brother Ambrose may find it convenient to be at the Election in Louisa. The Letter for Col: Pendleton will be best in the hands of my brother William who I presume will attend in Culpeper. Two of the letters being unsealed I refer to their contents, remaining your afft son.
N. B. I have recd. the letter for Mr Jos Chew &c.
New York, July 31, 1790
Hond Sir
I have recd your’s of the 9th inclosing a letter for Mr Chew which I shall forward as you desire.
As far as I have had an opportunity of inquiring I do not find that Coffee can be got here on terms that will make it worth while to prefer it to what can be got in Virginia. The price of brown sugar I have not yet learnt but will attend to your request on that subject
The funding bill has at length passed the two Houses with a qualified assumption of the state debts. of the federal debt are to bear an immediate interest of 6 per ct. and the remaining a like interest to commence in 1800, but in the mean time to be receivable for land. The indents & arrears of interest are funded at 3 per Ct of the state debts are funded at 6 per ct. & at 3 per Ct. The assumption was carried by a small majority in both Houses. Many who voted for it did so on a supposition that it was a lesser evil than to risk the effect of a rejection on the states which insisted on the measure. I could not bring myself to concur with them, but am sensible that there was serious danger of a very unfavorable issue to the Session from a contrary decision, and consider it as now incumbent on us all to make the best of what is done. The truth is that in a pecuniary light, the assumption is no longer of much consequence to Virginia, the sum allotted to her being about her proportion of the whole, & rather exceeding her present debt. She will consequently pay no more to the general Treasury than she now pays to the State Treasy. and perhaps in a mode which will be less disagreeable to the people, tho not more favorable to their true interests
The Ways & means are now under consideration. The impost will be made equal to the federal debt. The provision for the State debts will be put off till the next session. It will be likely to consist chiefly of duties on rum distilled in the U.S. and on a few imported articles that will best bear a further augmentation.
We expect that an adjournment will take place in about a week. I shall set out for Virginia as soon thereafter as I can pack up my books papers &c. which will detain me here some days. Mr. Jefferson wishes me to wait for his setting out and as his company will be particularly grateful & also convenient I am not sure that I shall resist the invitation, if he finds that he can be ready for the Journey within a reasonable time. I shd not hesitate, if I did not wish to be in Orange by the election, tho’ as an attendance cannot be given at more than one of the 8 Counties, it does not seem worth while to sacrifice much to that consideration.
New York, July 4, 1790
Dear Sir,—
You will find by one of the Gazettes herewith sent, that the bill fixing the permanent seat of Government on the Potowmac, and the temporary at Philadelphia, has got through the Senate. It passed by a single voice only, Izzard and Few having both voted against it. Its passage through the House of Representatives is probable, but attended with great difficulties. If the Potowmac succeeds, even on these terms, it will have resulted from a fortuitous coincidence of circumstances which might never happen again.
The provision for the public debt has been suspended for some time in the Senate by the question relating to the seat of Government. It is now resumed in that House, and it is to be hoped will soon be brought to an issue. The assumption sleeps, but I am persuaded will be awakened on the first dawn of a favorable opportunity. It seems, indeed, as if the friends of the measure were determined to risk everything rather than suffer that finally to fail.
We hear nothing further of the controversy between England and Spain.
New York, June 22, 1790
Dear Sir,—
The pressure of business as the session approaches its term, the earlier hour at which the House of Representatives has for some time met, and the necessity of devoting a part of the interval to exercise, after so long a confinement, have obliged me to deny myself the pleasure of communicating regularly with my friends. I regret much that this violation of my wishes has unavoidably extended itself to the correspondences on which I set the greatest value, and which, I need not add, include yours. The regret is the greater, as I fear it will not be in my power to atone for past omissions by more punctuality during the residue of the session. In your goodness alone I must consequently look for my title to indulgence.
The funding and Revenue systems are reduced by the discord of opinions into a very critical state. Out of this extremity, however, some effective provision must, I think, still emerge. The affair of the State debts has been the great source of delay and embarrassment, and, from the zeal and perseverance of its patrons, threatens a very unhappy issue to the session, unless some scheme of accommodation should be devised. The business of the seat of Government is become a labyrinth, for which the votes printed furnish no clue, and which it is impossible in a letter to explain to you. We are endeavoring to keep the pretensions of the Potowmac in view, and to give to all the circumstances that occur a turn favorable to it. If any arrangement should be made that will answer our wishes, it will be the effect of a coincidence of causes as fortuitous as it will be propitious. You will see by the papers inclosed that Great Britain is itching for war. I do not see how one can be avoided, unless Spain should be frightened into concessions. The consequences of such an event must have an important relation to the affairs of the United States. I had not the pleasure of seeing Col. Hoomes during his momentary stay in New York, but had that of hearing that he gave a very favorable account of your health.
New York, June 17, 1790
Dear Sir,—
You will find in the inclosed papers some account of the proceedings on the question relating to the seat of Government. The Senate have hung up the vote for Baltimore, which, as you may suppose, could not have been seriously meant by many who joined in it. It is not improbable that the permanent seat may be coupled with the temporary one. The Potowmac stands a bad chance, and yet it is not impossible that in the vicissitudes of the business it may turn up in some form or other.
The assumption still hangs over us. The negative of the measure has benumbed the whole revenue business. I suspect that it will yet be unavoidable to admit the evil in some qualified shape. The funding bill is before the Senate, who are making very free with the plan of the Secretary. A committee of that body have reported that the alternatives be struck out, the interest reduced absolutely to 4 per cent., and, as I am informed, the indents be not included in the provision for the principal.
New York, June 1, 1790
Dear Sir
Your favor of the 19th of May has been duly received. The information relating to your little daughter has been communicated as you desired. I hope she is by this time entirely recovered. Your friends in Broadway were well two evenings ago.
I have paid the money to Taylor, and hope you will take the time you intimate for replacing my advances on your account.
The assumption has been revived and is still depending. I do not believe it will take place, but the event may possibly be governed by circumstances not at present fully in view. The funding bill for the proper debt of the U. S. is engrossed for the last reading. It conforms in substance to the plan of the Secretary of the Treasy. You will have seen by late papers that an experiment for navigation and commercial purposes has been introduced. It has powerful friends, and from the present aspect of the H. of Reps will suceed there by a great majority. In the Senate its success is not improbable if I am rightly informed. You will see by the inclosed paper that a removal from this place has been voted by a large majority of our House. The other is pretty nearly balanced. The Senators of the 3 Southern States are disposed to couple the permanent with the temporary question. If they do I think it will end in either an abortion of both or in a decision of the former in favour of the Delaware. I have good reason to believe that there is no serious purpose in the Northern States to prefer the Potowmac, and that if supplied with a pretext for a very hasty decision, they will indulge their secret wishes for a permanent establishment on the Delaware. As R. I. is again in the Union & will probably be in the Senate in a day or two, The Potowmac has the less to hope & the more to fear from this quarter. Our friend Col: Bland was a victim this morning to the influenza united with the effects & remains of previous indisposition. His mind was not right for several days before he died. The President has been at the point of death but is recovered. Mr Jefferson has had a tedious spell of the head-ache. It has not latterly been very severe, but is still not absolutely removed. My best respects to Mrs Monroe. With sincere regard I am Dear Sir.
New York, April 17, 1790
Dear Sir
An answer to your favor of the 5th has been delayed by my hourly expectation of hearing from Taylor. A few days ago he came to Town and I have had an interview and settlement with him. The balance with the interest at 7 per Ct. was 864 dollars. He has not however executed the conveyance for want of some chart which he could not get here, but has entered into bond to do so by August, with good security. As far as I can learn our bargain is a good one. Land in the vicinity has sold in small parcells at more than 20/. I am told. The present moment however it is said is not favorable to the market. By waiting I think it probable it may be sold to your profit or If you continue to be anxious to get rid of it immediately, I have no objection to taking the whole on myself. Before you decide I would recommend that you consult by letter some of your friends here who can judge better than I can do, and who have more leisure & opportunity for making the requisite enquiry into the prospect. Should you chuse to make me the sole proprietor, it will be most convenient that the deed be executed from Taylor to me. In that event also, I beg you to let me know the state in which the accts. between us was left, by your former advances for me, and my settlemts for your furniture &c.1 My papers on this subject are either not here or so concealed among others that I cannot find them.
The House of Representatives are still at the threshold of the Revenue business. The Assumption of the State debts is the great obstacle. A few days ago it was reconsidered & rejected by 31 agst 29. The measure is not however abandoned. It will be tried in every possible shape by the zeal of its patrons. The Eastern members talk a strange language on the subject. They avow, some of them at least, a determination to oppose all provision for the public debt which does not include this, and intimate danger to the Union from a refusal to Assume. We shall risk their prophetic menaces if we should continue to have a majority.
New York, April 13, 1790
Dear Sir
Your favor of the 4th ult by Col Lee was received from his hands on Sunday last. I have since recd that of the 3d Instant. The antecedent one from Alexandria, though long on the way, was recd. some time before. In all these, I discover strong marks of the dissatisfaction with which you behold our public prospects. Though in several respects they do not comport with my wishes, yet I cannot feel all the despondency which you seem to give way to. I do not mean that I entertain much hope of the Potomac; that seems pretty much out of sight; but that other measures in view, however improper, will be less fatal than you imagine.2
The plan of discrimination has met with the reception in Virginia on which I calculated. The towns would for obvious reasons disrelish it, and for a time they always set public opinion. The country in this region of America, in general, if I am not misinformed, has not been in unison with the cities, nor has any of the latter except this, been unanimous against the measure. Here the sentiment was in its full vigor, and produced every exertion that could influence the result.
I think with you that the Report of the Secretary of the Treasury is faulty in many respects; it departs particularly from that simplicity which ought to be preserved in finance, more than anything else. The novelty and difficulty of the Task he had to execute form no small apology for his errors, and I am in hopes that in some instances they will be diminished, if not remedied.
The proposed assumption of the State debts has undergone repeated discussions, and contradictory decisions. The last vote was taken yesterday in a Committee of the whole and passed in the negative 31 vs. 29. The minority do not abandon however their object, and tis impossible to foretell the final destiny of the measure. It has some good aspects, and under some modifications would be favorable to the pecuniary interests of Virginia, and not inconsistent with the general principle of justice. In any attainable form it would have neither of these recommendations, and is moreover liable to strong objections of a general nature. It would certainly be wrong to force an affirmative decision on so important and controvertible a point by a bare majority, yet I have little hope of forbearance from that scruple. Mass & S. Carolina with their allies of Connecticut & N. York are too zealous to be arrested in their project, unless by the force of an adverse majority.
I have recd your reflections on the subject of a public debt with pleasure; in general they are in my opinion just and important. Perhaps it is not possible to shun some of the evils you point out, without abandoning too much the re-establishment of public credit. But as far as this object will permit I go on the principle that a Public Debt is a Public curse, and in a Rep Govt a greater than in any other.
I have mentioned Mr Lee1 to Mr Jefferson who tells me that he found every place preoccupied, and that he has not thought proper to make changes where no special reasons existed; various applications have been made previous to that in behalf of your friend, several had passed through my hands, some of them from Virginia.
I never heard of the report you mention of the Vice Presdt. It is but justice to say that I cannot believe it to have originated in fact.
I lament with you the inability which impedes arrangements at the Great Falls, which would be of benefit in a Public as well as private view. The prospect of aid in this quarter does not strike me as it seems to do you. Money is destined to other projects at this juncture. Besides I am on no peculiar footing, that could favor an experiment, and could never make it less auspiciously than at present. It gives me much concern that it is not more in my power to forward our object.
Present me most respectfully to Mrs Lee & believe me
Affly yrs.
New York, April 4, 1790
Dear Sir
You will see by the papers herewith covered that the proposed assumption of the State debts continues to employ the deliberations of the House of Reps. The question seems now to be near its decision, and unfortunately, tho’ so momentous a one, is likely to turn on a very small majority, possibly on a single vote. The measure is not only liable to many objections of a general cast, but in its present form is particularly unfriendly to the interests of Virginia. In this light it is viewed by all her representatives except Col: Bland.
The American Revolution with its foreign and future consequences, is a subject of such magnitude that every circumstance connected with it, more especially every one leading to it, is already and will be more and more a matter of investigation. In this view I consider the proceedings in Virginia during the crisis of the Stamp-Act as worthy of particular remembrance, and a communication of them as a sort of debt due from her cotemporary citizens to their successors. As I know of no memory on which my curiosity could draw for more correct or more judicious information, you must forgive this resort to yours. Were I to consult nothing but my curiosity, my enquiries would not be very limited. But as I could not indulge that motive fully, without abusing the right I have assumed, my request goes no farther than that you will, as leisure & recollection may permit, briefly note on paper—by whom & how the subject commenced in the Assembly, where the resolutions proposed by Mr. Henry really originated; what was the sum of the arguments for and against them, and who were the principal speakers on each side; with any little anecdotes throwing light on the transaction, on the characters concerned in it, or on the temper of the Colony at the time.1
Begging pardon again for the tax I am laying on your benevolence, I remain Dear Sir
Your most affecte & hble Servt.
New York, March 21, 1790
Dear Sir
Your favor of the 10th came to hand yesterday. I feel much anxiety for the situation in which you found Mrs. Randolph; but it is somewhat alleviated by the hopes which you seem to indulge.
The language of Richmond on the proposed discrumination does not surprise me. It is the natural language of the towns, and decides nothing. Censure I well knew would flow from those sources. Should it also flow from other sources, I shall not be the less convinced of the right of the measure, or the less satisfied with myself for having proposed it. The conduct of the Gentlemen in Amherst & Culpeper proves only that their personal animosity is unabated. Here it is a charge agst me that I sacrificed the federal to anti federal Sentiments. I am at a loss to divine the use that C [a] b [e] ll and S-t [even] can make of the circumstance.
The debates occasioned by the Quakers have not yet expired.2 The stile of them has been as shamefully indecent as the matter was evidently misjudged. The true policy of the Southn members was to have let the affair proceed with as little noise as possible, and to have made use of the occasion to obtain along with an assertion of the powers of Congs. a recognition of the restraints imposed by the Constitution.
The State debts have been suspended by the preceding business more than a Week. They lose ground daily, & the assumption will I think ultimately be defeated. Besides a host of objections agst the propriety of the measure in its present form, its practicability becomes less & less evident. The case of the paper money in Georgia S. C., N. C., &c to R. Isld, is a most serious difficulty. It is a part of the debts of those States, and comes in part within the principle of the assumption.
A packet arrived a few days ago but threw little light on the affairs of Europe. Those of France do not recede but their advance does not keep pace with the wishes of liberty. Remember me to Mr. M— & his land lady.
Yrs Affly
Mr. Jefferson is not yet here. The bad roads have retarded him. We expect him today or tomorrow. I am this instant told he is come.
New York, March 14, 1790
My dear friend,—
I have recd the few lines you dropped me from Baltimore, and daily expect those promised from Fredg. I am made somewhat anxious on the latter point, by the indisposition under which you were travelling.
The question depending at your departure was negatived by a very large majority, though less than stated in the Newspapers. The causes of this disproportion which exceeds greatly the estimate you carried with you cannot be altogether explained. Some of them you will conjecture. Others, I reserve for conversation if the subject should ever enter into it. As far as I have heard, the prevailing sense of the people at large does not coincide with the decision, and that delay and other means might have produced a very different result.
The assumption of the State debts has of late employed most the H. of Reps. A majority of 5 agreed to the measure in Come of the Whole. But it is yet to pass many defiles, and its enemies will soon be reinforced by N. Carolina. The event is consequently very doubtful. It could not be admissible to Virga unless subservient to final justice, or so varied as to be more consistent with intermediate justice. In neither of these respects has Va been satisfied, and the whole delegation is agst the measure except Bland!!1
The substance of the Secretary’s arrangements of the Debts of the Union has been agreed to in Come of the Whole and will probably be agreed to by the House. The number of alterations have been reduced for the sake of greater simplicity, and a disposition appears at present, to shorten the duration of the Debt. According to the Report, the Debt wd subsist 40 or 50 years, which, considering intermediate probabilities, amounts to a perpetuity. Adieu
Mr. Jefferson is not arrived. He has notified his acceptance & is expected in a day or two.
New York, March 4, 1790
Dear Sir
Your recommendation of Docr M (illegible) was handed me some time ago. I need not tell you that I shall always rely on your vouchers for merit, or that I shall equally be pleased with opportunities of forwarding your wishes.
The only Act of much consequence which the present Session has yet produced, is one for enumerating the Inhabitants as the basis of a reapportionment of the Representation. The House of Reps has been chiefly employed of late on the Report of the Secy of the Treasury. As it has been printed in all the Newspapers I take for granted that it must have fallen under your eye. The plan which it proposes is in general well digested, and illustrated & supported by very able reasoning. It has not however met with universal concurrence in every part. I have myself been of the number who could not suppress objections. I have not been able to persuade myself that the transactions between the U. S. and those whose services were most instrumental in saving their country, did in fact extinguish the claims of the latter on the justice of the former; or that there must not be something radically wrong in suffering those who rendered a bona fide consideration to lose ⅞ of their dues, and those who have no particular merit towards their country to gain 7 or 8 times as much as they advanced. In pursuance of this view of the subject, a proposition was made for redressing in some degree, the inequality. After much discussion, a large majority was in the negative. The subject at present before a Committee of the whole, is the proposed assumption of the State debts. On this, Opinions seem to be pretty equally divided. Virga is endeavoring to incorporate with the measure some effectual provision for a final settlement and payment of balances among the States. Even with this ingredient, the project will neither be just nor palatable, if the assumption be referred to the present epoch, and by that means deprives the States who have done most, of the benefit of their exertions. We have accordingly made an effort, but without success to refer the assumption to the state of the debts at the close of the war. This would probably add ⅕ more to the amount of the Debts, but would more than compensate for this by rendering the measure more just & satisfactory. A simple unqualified assumption of the existing debts would bear peculiarly hard on Virginia. She has paid I believe a greater part of her quotas since the peace than Massts. She suffered far more during the war. It is agreed that she will not be less a Creditor on the final settlement, yet if such an assumption were to take place she would pay towards the discharge of the debts, in the proportion of ⅕ and receive back to her Creditor Citizens or ⅛, whilst Massts would pay not more than or ⅛, and receive back not less than ⅕. The case of S Carola is a still stronger contrast. In answer to this inequality we are referred to the final liquidation for which provision may be made. But this may possibly never take place. It will probably be at some distance. The payment of the balances among the States will be a fresh source of delay & difficulties. The merits of the plan independently of the question of equity, are also controvertible, tho’ on the other side there are advantages which have considerable weight.
We have no late information from Europe more than what the Newspapers contain. France seems likely to carry thro’ the great work in which she has been laboring. The Austrian Netherlands have caught the flame, and with arms in their hands have renounced the Government of the Emperor forever. Even the lethargy of Spain begins to awake at the voice of liberty which is summoning her neighbors to its standard. All Europe must by degrees be aroused to the recollection and assertion of the rights of human nature. Your good will to mankind will be gratified with this prospect, and your pleasure as an American be enhanced by the reflection that the light which is chasing darkness & despotism from the old World, is but an emanation from that which has procured and succeeded the establishment of liberty in the new.
New York, January 24, 1790
Dear Sir
A dysenteric attack at Georgetown with its effects retarded my journey so much that I did not arrive here till a few days ago. I am free at present from the original complaint, but a little out of order with the piles generated by that or the medicine it required.
The Cato in which were the busts of P. Jones and the box of books for myself never arrived till the day before yesterday, having sprung a leak which obliged her to put into an English Port. Everything consigned to me appears as far as the parcels are yet opened to have escaped injury. I beg you to accept my unfeigned thanks for the proof medals, of which the value is much enhanced in my estimation by the circumstance which demands that tribute. I have supposed that I could not better dispose of the letters to Mr Eppes as well as that to Col: Lewis than by inclosing them to yourself.
The business of Congs. is as yet merely in embryo. The principal subjects before them are the plans of revenue and the Militia, reported by Hamilton & Knox. That of the latter is not yet printed, and being long is very imperfectly understood. The other has scarcely been long enough from the press to be looked over. It is too voluminous to be sent entire by the mail. I will by the next mail commence a transmission in fractions. Being in possession at present of a single copy only I cannot avail myself of this opportunity for the purpose. You will find a sketch of the plan in one of the Newspapers herewith inclosed. Nothing has passed either in Congs or in conversation from which a conjecture can be formed of the fate of the Report. Previous to its being made, the avidity for stock had raised it from a few shillings to 8s or 10s in the pound, and emissaries are still exploring the interior & distant parts of the Union in order to take advantage of the ignorance of holders. Of late the price is stationary, at or fluctuating between the sums last mentioned. From this suspence it would seem as if doubts were entertained concerning the success of the plan in all its parts.
I take for granted that you will before the receipt of this, have known the ultimate determination of the President on your appointment. All that I am able to say on the subject is that a universal anxiety is expressed for your acceptance, and to repeat my declarations that such an event will be more conducive to the general good, and perhaps to the very objects you have in view in Europe, than your return to your former station.
I do not find that any late information has been received with regard to the Revolution in France. It seems to be still unhappily forced to struggle with the adventitious evils of public scarcity, in addition to those naturally thrown in its way by antient prejudices and hostile interests. I have a letter from Havr. of the 13th Novr., which says that wheat was then selling at 10 livrs. per Bushel, and flour at 50 livs. per 100 , and the demand pressing for all kinds of materials for bread. The letter adds that a bounty of 2 livs. per 100 . marc on wheat & on flour in proportion &c &c was to commence the 1st Decr last & continue till the 1st of July next, in favr. of imports from any quarter of the Globe.
With sincerest affection I am Dr. Sir Your Obedt friend & Servt.
Orange, December 5, 1789
Dear Sir,—
Since my last I have been furnished with the inclosed copy of the letter from the Senators of this State to its Legislature. It is well calculated to keep alive the disaffection to the Government, and is accordingly applied to that use by violent partizans. I understand the letter was written by the first subscriber of it, as indeed is pretty evident from the style and strain of it. The other it is said, subscribed it with reluctance. I am less surprised that this should have been the case than that he should have subscribed it at all.
My last information from Richmond is contained in the following extract from a letter of the 28th of Novr., from an intelligent member of the H. of Delegates. “The revenue bill which proposes a reduction of the public taxes one fourth below the last year’s amount is with the Senate. Whilst this business was before the H. of Delegates a proposition was made to receive Tobacco & Hemp as commutables, which was negatived, the House determining still to confine the collection to specie and to specie warrants. Two or three petitions have been presented which asked a general suspension of Executions for twelve months; they were read, but denied a reference. The Assembly have passed an Act for altering the time for choosing Representatives to Congress, which is now fixed to be on the third Monday in September, suspending the powers of the Representative until the Feby. after his election. This change was made to suit the time of the annual meeting of Congress. The fate of the Amendments proposed by Congress to the Genl Government is still in suspense. In a Come of the whole House the first ten were acceded to with little opposition; for on a question taken on each separately, there was scarcely a dissenting voice. On the two last a debate of some length took place, which ended in rejection. Mr. E. Randolph who advocated all the others stood on this contest in the front of opposition. His principal objection was pointed agst the word ‘retained,’ in the eleventh proposed amendment, and his argument if I understood it was applied in this manner—that as the rights declared in the first ten of the proposed amendments were not all that a free people would require the exercise of, and that as there was no criterion by which it could be determined whether any other particular right was retained or not, it would be more safe and more consistent with the spirit of the 1st & 17th amendts proposed by Virginia that this reservation agst constructive power, should operate rather as a provision agst extending the powers of Congs by their own authority, than a protection to rights reducible to no definite certainty. But others, among whom I am one, see not the force of this distinction, for by preventing an extension of power in that body from which danger is apprehended, safety will be insured, if its powers be not too extensive already, & so by protecting the rights of the people & of the States, an improper extension of power will be prevented & safety made equally certain. If the House should agree to the Resolution for rejecting the two last, I am of opinion it will bring the whole into hazard again, as some who have been decided friends to the ten first think it would be unwise to adopt them without the 11 & 12th. Whatever may be the fate of the amendments submitted by Congress, it is probable that an application for further amendments will be made by this Assembly, for the opposition to the federal Constitution is in my opinion reduced to a single point, the power of direct taxation—those who wish the change are desirous of repeating the application, whilst those [who] wish it not are indifferent on the subject, supposing that Congs. will not propose a change which would take from them a power so necessary for the accomplishment of those objects which are confided to their care. Messrs Joseph Jones & Spencer Roane are appointed Judges of the Genl. Court, to fill the vacancies occasioned by the death of Mr. Carey & the removal of Mr. Mercer to the Court of appeals.”
The difficulty started agst the amendments is really unlucky, and the more to be regretted as it springs from a friend to the Constitution. It is a still greater cause of regret, if the distinction be, as it appears to me, altogether fanciful. If a line can be drawn between the powers granted and the rights retained, it would seem to be the same thing, whether the latter be secured by declaring that they shall not be abridged, or that the former shall not be extended. If no such line can be drawn, a declaration in either form would amount to nothing. If the distinction were just it does not seem to be of sufficient importance to justify the risk of losing the amendts., of furnishing a handle to the disaffected, and of arming N. C. with a pretext, if she be disposed to prolong her exile from the Union.
With every sentiment of respect & attachment I am Dr Sir Yr Obedt & hble Servt.
Orange, November 20, 1789
Dear Sir,—
It was my purpose to have dropped you a few lines from Philada, but I was too much indisposed during my detention there to avail myself of that pleasure. Since my arrival here I have till now been without a fit conveyance to the post office.
You will recollect the contents of a letter shewn you from Mr. Innes to Mr. Brown. Whilst I was in Philada. I was informed by the latter, who was detained there, as well as myself by indisposition that he had recd later accounts though not from the same correspondent, that the Spaniards have finally put an entire stop to the trade of our Citizens down the river. The encouragements to such as settle under their own Government are continued.
A day or two after I got to Philada I fell in with Mr. Morris. He broke the subject of the residence of Congs, and made observations which betrayed his dislike of the upshot of the business at N. York, and his desire to keep alive the Southern project of an arrangement with Pennsylvania. I reminded him of the conduct of his State, and intimated that the question would probably sleep for some time in consequence of it. His answer implied that Congress must not continue at New York, and that if he should be freed from his Engagements with the E. States by their refusal to take up the bill and pass it as it went to the Senate, he should renounce all confidence in that quarter, and speak seriously to the S. States. I told him they must be spoken to very seriously, after what had passed, if Penna expected them to listen to her, that indeed there was probably an end to further intercourse on the subject. He signified that if he should speak it would be in earnest, and he believed that no one would pretend that his conduct would justify the least distrust of his going through with his undertakings; adding however that he was determined & accordingly gave me as he had given others notice that he should call up the postponed bill as soon as Congs should be reassembled. I observed to him that if it were desirable to have the matter revived we could not wish to have in it a form more likely to defeat itself. It was unparliamentary and highly inconvenient; and would therefore be opposed by all candid friends to his object as an improper precedent, as well as by those who were opposed to the object itself. And if he should succeed in the Senate, the irregularity of the proceeding would justify the other House in withholding the signature of its Speaker, so that the bill could never go up to the President. He acknowledged that the bill could not be got thro’ unless it had a majority of both Houses on its merits. Why then, I asked, not take it up anew? He said he meant to bring the gentlemen who had postponed the bill to the point, acknowledged that he distrusted them, but held his engagements binding on him, until this final experiment should be made on the respect they meant to pay to theirs. I do not think it difficult to augur from this conversation the views which will govern Penna at the next Session. Conversations held by Grayson both with Morris & others, in Philada, and left by him in a letter to me, coincide with what I have stated. An attempt will first be made to alarm N. York and the Eastern States into the plan postponed, by holding out the Potowmac & Philada as the alternative, and if the attempt should not succeed, the alternative will then be held out to the Southern members. On the other hand N. Y. & the E. States will enforce the policy of delay, by threatening the S. States as heretofore, with German Town or Trenton or at least Susquehannah, and will no doubt carry the threat into execution if they can, rather yn suffer an arrangement to take place between Pena. & the S. States.
I hear nothing certain from the Assembly. It is said that an attempt of Mr. H. to revive the project of commutables has been defeated, that the amendments have been taken up, and are likely to be put off to the next Session, the present house having been elected prior to the promulgation of them. This reason would have more force, if the amendments did not so much correspond as far as they go with the propositions of the State Convention, which were before the public long before the last Election. At any rate, the Assembly might pass a vote of approbation, along with the postponement, and assign the reason for referring the ratification to their successors. It is probable that the scruple has arisen with the disaffected party. If it be construed by the public into a latent hope of some contingent opportunity for promoting the war agst the Genl Government, I am of opinion the experiment will recoil on the authors of it. As far as I can gather, the great bulk of the late opponents are entirely at rest, and more likely to censure a further opposition to the Govt, as now administered than the Government itself. One of the principal leaders of the Baptists lately sent me word that the amendments had entirely satisfied the disaffected of his Sect, and that it would appear in their subsequent conduct.
I ought not to conclude without some apology for so slovenly a letter. I put off writing it till an opportunity should present itself not knowing but something from time to time might turn up that would make it less unworthy of your perusal. And it has so happened that the oppy barely gives me time for this hasty scrawl.
With the most perfect esteem & Affect attachment I remain Dear Sir Yr. Mos Obedt. Servt
Dear Sir
The last favor for which I am to thank you is of June 9th. For some time past I have been obliged to content myself with inclosing you the newspapers. In general they give, tho' frequently erroneous and sometimes perverted, yet on the whole, fuller accounts of what is going forward than could be put into a letter. The papers now covered contain a sketch of a very interesting discussion which consumed great part of the past week. The Constitution has omitted to declare expressly by what authority removals from office are to be made. Out of this silence four constructive doctrines have arisen 1. that the power of removal may be disposed of by the Legislative discretion. To this it is objected that the Legislature might then confer it on themselves, or even on the House of Reps. which could not possibly have been intended by the Constitution. 2. that the power of removal can only be exercised in the mode of impeachment. To this the objection is that it would make officers of every description hold their places during good behavior, which could have still less been intended. 3. that the power of removal is incident to the power of appointment. To this the objections are that it would require the constant Session of the Senate, that it extends the mixture of Legislative & Executive power, that it destroys the responsibility of the President, by enabling a subordinate Executive officer to intrench himself behind a party in the Senate, and destroys the utility of the Senate in their legislative and Judicial characters, by involving them too much in the heats and cabals inseparable from questions of a personal nature; in fine that it transfers the trust in fact from the President who being at all times impeachable as well as every 4th. year eligible by the people at large, may be deemed the most responsible member of the Goverment, to the Senate who from the nature of that institution, is and was meant after the Judiciary & in some respects witht. that exception to be the most unresponsible branch of the Government. 4 that the Executive power being in general terms vested in the President, all power of an Executive nature, not particularly taken away must belong to that department, that the power of appointment only being expressly taken away, the power of Removal, so far as it is of an Executive nature must be reserved. In support of this construction it is urged that exceptions to general positions are to be taken strictly, and that the axiom relating to the separation of the Legislative & Executive functions ought to be favored. To this are objected the principle on which the 3d. construction is founded, & the danger of creating too much influence in the Executive Magistrate.
The last opinion has prevailed, but is subject to various modifications, by the power of the Legislature to limit the duration of laws creating offices, or the duration of the appointments for filling them, and by the power over the salaries and appropriations. In truth the Legislative power is of such a nature that it scarcely can be restrained either by the Constitution or by itself. And if the federal Government should lose its proper equilibrium within itself, I am persuaded that the effect will proceed from the Encroachments of the Legislative department. If the possibility of encroachments on the part of the Ex. or the Senate were to be compared, I should pronounce the danger to lie rather in the latter than the former. The mixture of Legislative Executive & Judiciary authorities lodged in that body, justifies such an inference; At the same [time] I am fully in the opinion, that the numerous and immediate representatives of the people, composing the other House, will decidedly predominate in the Government.
I have been favored with yours of the 19th. instant and thank you for the answer to Mr. St. John's inquiries. The apprehensions of Mrs. Randolph give me unfeigned concern, but I indulge strong hopes that they proceed from an imaginary cause. There are so many symptoms which mimic the cancerous that it would be wrong to suffer appearances to prevail against the favorable chances. At the same time it is impossible to disapprove of the forecast with which the occasion inspires you.
Our business here goes on very slowly, though in a Spirit of moderation and accomodation which is so far flattering. The bill for regulating the quantum of duties is not yet come back from the Senate. Some alterations will be made, but none that affect the substance of the plan, unless it be the abolition of a small favor to the Nations in alliance with us copied from the laws of Virginia. One of our Senators whose ideas on another point excite animadversions among his constituents seems not to consult their sentiments on this. I think myself that it is impolitic, in every view that can be taken of the subject, to put G. Britain at once on the footing of a most favored nation. The bill for collecting the duties is now before the H. of Reps. and I fear will not be very quickly despatched. It has passed thro' several hands legal as well as mercantile, and notwithstanding is in a crude state. It might certainly have been put into a better; though in every step the difficulties arising from novelty are severely experienced, and are an ample as well as just source of apology. Scarcely a day passes without some striking evidence of the delays and perplexities springing merely from the want of precedents. Time will be a full remedy for this evil; and will I am persuaded, evince a greater facility in legislating uniformly for all the States than has been supposed by some of the best friends of the Union.
Among other subjects on the anvil is the arrangements of the subordinate Executive departments. A Unity in each has been resolved on, and an amenability to the President alone, as well as to the Senate by way of impeachment. Perhaps it would not be very consistent with the Constitution to require the concurrence of the Senate in removals. The Executive power seems to be vested in the President alone, except so far as it is qualified by an express [associa]tion of the Senate in appointments, in like manner as the Legislative is vested in Congress, under the exception in favor of the President's qualified negative. Independently of his consideration I think it best to give the Senate as little agency as possible in Executive matters, and to make the President as responsible as possible in them. Were the heads of departments dependent on the Senate, a faction in this branch might support them agst. the President, distract the Executive department, and obstruct the public business. The danger of undue power in the President from such a regulation is not to me formidable. I see, and politically feel that that will be the weak branch of the Government. With a full power of removal, the President will be more likely to spare unworthy [lined out] officers, thro' fear, than to displace [typed from PJM from here] the meritorious thro caprice or passion. A disgusted man of influence would immediately form a party agst. the administration-- endanger his reelection-- and at least go into one of the Houses and torment him with opposition.
I can not close this without a disagreeable recollection of the date of my last. I am most negligent towards my best friends perhaps because I have most confidence in their forgiveness. I will at least in future inclose the newspapers when I can do no more. I never had less time that I could truly call my own than at present, of which I hope you will consider my irregular correspondence as the fullest proof.
Since my last which was written on sunday last and included an introduction of young Mr. Colden who is to be the bearer of it from Scotland where he now resides, I have had the pleasure of yours of March 15. My former letters will have made known to you the obstacles to a licence for your visit to America. The new authority has not yet taken up your application. As soon as the auxiliary offices to the President shall be established & filled, which will probably not be long delayed, I hope the subject will be decided on, and in the manner you wish. It is already agreed in the form of resolutions that there shall be three departments one for finance, another for foreign affairs, and the third for war. The last will be continued in the hands of General Knox. The second will remain with Mr. Jay, if he chooses to keep it. The first is also to be under one head, though to be branched out in such a manner as will check the administration. Chancellor wishes this department but will not succeed. It will be given I think to Jay or Hamilton. The latter is perhaps best qualified for that species of business and on that account would be preferred by those who know him personally. The latter is more known by character throughout the United States.
I have been asked whether any appointment at home would be agreeable to you. Being unacquainted with your mind I have not ventured on an answer.
The Bill of rates which passed the House of Representatives a few days ago is not yet come down from the Senate. The duties will it is said be pretty much reduced. In a few instances perhaps the reductions may not be improper. If they are not generally left as high as will admit of collection, the dilemma will be unavoidable, of either maiming our public credit in its birth, or resorting to other kinds of taxation for which our Constituents are not yet prepared. The Senate is also abolishing the discriminations in favor of nations in treaty whereby Britain will be quieted in the enjoyment of our trade as she may please to regulate it and France discouraged from her efforts at a competition which it is not less our interest than hers to promote. The question was agitated repeatedly in the House of Representatives and decided at last almost unanimously in favor of some monitory proof that our new government able and not afraid to encounter the restrictions of Britain. Both the senators from Virginia particularly Lee go with the majority in the Senate. In this I suspect the temper of the party which sent them is as little consulted as in the conduct of Lee in the affair of titles and his opinion in relation to the western country.
I have already informed you that Madam Brehan is every day recovering from the disesteem and neglect into which reports had thrown her and that Moustier is also becoming more and more acceptable or at least less and less otherwise. His commercial ideas are probably neither illiberal nor unfriendly to this country. The contrary has been supposed. When the truth is ascertained and known unfavorable impressions will be still more removed.
The subject of amendments was to have been introduced on monday last; but is postponed in order that more urgent business may not be delayed. On Monday sevennight it will certainly come forward. A Bill of rights, incorporated perhaps into the Constitution will be proposed, with a few other alterations most called for by the opponents of the Government and least objectionable to its friends.
As soon as Mr. Brown arrives who is the Representative of Kentucky, the admission of that district to the character of a State and a member of the union, will claim attention. I foresee no difficulty, unless local jealousy should couple the pretensions of Vermont with those of Kentucky: and even then no other delay than what may be necessary to open the way for the former, through the forms and perhaps the objections of this State, which must not be altogether disregarded.
The proceedings of the new Congress are so far marked with great moderation and liberality; and will disappoint the wishes and predictions of many who have opposed the Government. The spirit which characterises the House of Reps. in particular is already extinguishing the honest fears which considered the system as dangerous to republicanism. For myself I am persuaded that the biass of the federal is on the same side with that of the State Govts. tho' in a much less degree.
Dear Sir,
The arrival of R. H. Lee yesterday has made up a Quorum of the Senate. A Quorum in the other House was made on wednesday last. The ballots will be opened to-day, unless an indisposition of Mr. Basset should prevent, which was not probable yesterday afternoon. The notifications of the President & Vice President will be left to the Senate. Mr. Charles Thomson will be the messenger to the former.
The papers will have made known that Mr. Mulenburg was the choice of the Representatives for their Speaker, & Mr. Beckley for their Clerk. The competitor of the former was Mr. Trumbul who had a respectable vote; of the latter Mr. S. Stockton, of new Jersey, who, on the first ballot, had the same number with Mr. Beckley.
A British Packet arrived some days ago, but has not brought as far as I have learned, any public letters. The other information brought has passed into our Gazettes, and will have reached you thro’ that channel.
I am Dear Sir with the highest respect & attachment Your Obedt & very hble Servt.
Your favor, inclosing a letter recd at Mount Vernon for me has been duly received.
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