Documentary History of the First Federal Congress of the United States of America, March 4, 1789-March 3, 1791: Correspondence: First Session, June - August 1789, Volume 16
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DOCUMENTARY HISTORY OF THE FIRST FEDERAL CONGRESS OF THE UNITED STATES OF AMERICA 4 March 1789–3 March 1791
sponsored by the national historical publications and records commission and the george washington university
This book has been brought to publication with the generous assistance of the National Historical Publications and Records Commission. This volume has been supported by grants from the National Endowment for the Humanities, an independent federal agency. PROJECT STAFF Charlene Bangs Bickford, Co-Editor Kenneth R. Bowling, Co-Editor Helen E. Veit, Associate Editor William Charles diGiacomantonio, Associate Editor ADMINISTRATIVE ADVISORY COMMITTEE Robert C. Byrd Linda Grant DePauw, Chair Elizabeth Fenn Richard H. Kohn Charles McC. Mathias George S. Wills
VOLUME XVI
CORRESPONDENCE FIRST SESSION: JUNE – AUGUST 1789 Charlene Bangs Bickford Kenneth R. Bowling Helen E. Veit William Charles diGiacomantonio Editors
The Johns Hopkins University Press, Baltimore and London
To Gaspare J. Saladino generous nonpareil of documentary editing
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CONTENTS
Illustrations
ix
CORRESPONDENCE: FIRST SESSION June 1789 July 1789 August 1789
vii
679 907 1207
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ILLUSTRATIONS
Letter from Abraham Baldwin to Edward Telfair Abraham Baldwin Letter from Thomas Hartley to Jasper Yeates Thomas Hartley Letter from William Smith (S.C.) to Edward Rutledge William Smith (S.C.)
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797 798 949 950 1265 1266
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Correspondence: First Session
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June 1789
Monday, 1 June 1789 Cold (Johnson)
Andrew Ellicott to John Page I hope the inclosed Mathematical papers will prove agreeable, they are the work of a few of the idle hours, which I am under the necessity of supporting. Being appointed to determine the western boundary of the State of ne New York, in order to ascertain the quantity of land, contained in the purchase made by the State of Pennsylvania, of the United States. I received my instructions in the beginning of July last; but as the United States were not provided with the necessary Instruments, the business had to be delayed ’till I could make them: this I accomplished by the beginning of Febuary last, and in April sent the Instruments, and baggage on to Tyoga at my own expense, which has been considerable, not doubting but the Board of Treasury would enable me to proceed. On the very day which I came to this City, the news of the death of Capt. Hutchins [Geographer General Thomas Hutchins] arrived also; and as he was considered as the head of that department, the Board of Treasury refused acting on that occasion. This has thrown difficulties in my way, and been detrimental to the [lined out] Interest of the Union. The sum due from Pennsylvania, to the United States, on account of the sale beforementioned, will from the best accounts I have been able to collect, amount to at least six hundred and twenty five thousand dollars, which is not demandable ’till the completion of the survey: other business, equally important, is now suffering [lined out] by the inter-regnum—A Temporary appointment upon the death of Mr. Hutchins, would have produced a great saving to the Union. ALS, Washington Papers, DLC. For more on the survey of New York State’s western boundary, see DHFFC 6:2118–24, 8:191–98.
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Benjamin Hawkins to James Madison I have had the pleasure to receive your favour of the 5th of may, with the report of the committee and the newspapers, and I can assure you I concur in every thing and from the bottom of my heart. The character of the president will give dignity and energy to our government, and will together with the favourable appearances stated by you tend to reconcile all parties to it. I, having know[n] the determination of the president never more to take any share in transactions, of a public nature was fearful that even our melancholy situation would not (altho’ the choice should be unanimous) call him forth. My fears arose from my love for him. I thought his character was as perfect as human nature is capable of being that he wanted no additional lustre and might eventually loose. But I was rong and he is right indubitably. Your scheme of impost being temporary is highly approved here. Go on as you have begun and all things will come right. A circumstance trivial indeed but from its effect here, important, deserves to be told The opponents had predicted that Congress being once possessed with power, the friends to the new Government would never consent to make any amendments. Your motion on that great and delicate subject directly contradicts it. And they swear that they will never forget Bland, Grayson and their other friends for suffering any business however important to be done in Congress, prior to the subject of amendments and moreover for suffering this important prophecy by their tardiness to be contradicted. If you can do something by way of amendment without any material injury to the system, I shall be much pleased, and as far as I can learn it will be pleasing to my country men or a majority of them I mean, we certainly are more friendly than we were at the meeting of our Convention, several counties who were much opposed to it, are now decidedly very friendly and I count pretty certainly on its being adopted at our next convention.1 I wish the senate may do something effectual on the Indian department I have had letters from [Alexander] McGillivray and some of my friends in that quarter, and I believe there will be great difficulties in accomodating a line of boundary between the white people and the Indians, and without such a line we may hope for peace in vain. If our commissioners should not succeed I have promis’d our western people and the Indians to pay them a visit. The indians hope every thing from Congress and the whites are afraid that their speculative views will be blasted, if the business should be left wholy in the power of Congress. ***
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ALS, Madison Papers, DLC. Written from Warren, North Carolina. For the full text, see PJM 12:191–92. Part of the omitted text asks Madison to present Hawkins’s congratulations to President Washington. 1 North Carolina’s first convention, held at Hillsboro between 21 July and 2 August 1788, voted overwhelmingly against ratification. Three months later, Federalists in the General Assembly succeeded in scheduling a second convention in Fayetteville for the third week of November 1789.
Samuel Nasson to George Thatcher *** I Receved yours Some time past You honourd me by writing the pr[o]ceadings of Congress. I must at present think that duty on Moloses Salt and allso Steel is wrong layd as to Molloses the Esterward part must be much affected by it as Greate Quantety is and must be Expended by the poor Salt will be dear to the Consumers’ and hurt the fisherey as the Draw back will be paid to the Merchant not the poor fisherman Salt is Small but you know much wanted by the poor not So much by the man of affueance. Coffe I think allso might be [lapsed?] as all we get is now run from the West Indes. Nor Can I think that the Draw back on N. E. rum will be of any real Bennefit it will be a Means of much Cheating as much more will be Shiped than Sent out of the Country. However on the whole it will turn out as I allways thought the Southern States Can and When they please out Vote the others I want to hear if their is any talk of any amendments purposed to be made. I most Sinerley wish that Some may be thought of if it is only for to Quiate the minds of the people. *** P. S. Pray donte forget your old Freind if others have one mr. Hardeson begs me to ask you if you have thought of his afair Concarning his Sons Wages when a presonier with the Savages1 be So good to Enquier if any thing is to be allowed him for his time and Suffering please to write me on that Subject I know you will Endeavour to help the poor of your own and other Districks. ALS, Chamberlain Collection, MB. Written from Boston. The omitted text discusses Massachusetts election returns and the need for Maine to separate from Massachusetts because of its under representation in the state legislature. 1 For more on Joseph Hardison’s petition for his nephew Benjamin Hardison, see DHFFC 7:402, 405, 417–18, 420, 422, 430.
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Roger Sherman to Henry Gibbs The enclosed Letter came enclosed to me I Suppose from one of my family—an extract from my last has found its way from the Salem Paper—into one of the papers in this City, I wrote it in haste without any view to its publication, but I think the publishing it may be of Some use.1 I now enclose two News papers, of the 20th & 24th of March, containing Obeservations on the New Federal Constitutions, and the alterations proposed as amendments Signed A Citizen of New Haven for your perusal, and if you Shall think it may be useful, that they may be published in the Salem Paper, & any other Papers in your State—It will be best to put the whole into one Paper, and I wish to have one of them transmitted to me when You write again—I believe the contention about amendments of the Constitution has pretty much Subsided every where, and I trust the people will be Still more reconciled to it, as the Laws that will from time to time be made under it Shall be published. The Impost & Tonage Laws are not yet finished but I hope will be, very Soon. ALS, Sherman Collection, CtY. 1
See Sherman to Gibbs, 11 May, above.
Alexander White to Horatio Gates The Receipt of your favour of 16th. Ul[tim]o. gave me great pleasure for I really began to fear I was not to have the happiness of your Correspondence. The impost Law as it passed our House I sent to Winchester to be published in the Papers—it remains yet with the Senate.1 they have reduced the duty on Molosses to 4 Cents—the duty on Spirits of Jamaica proof to 10 Cents. other Spirits to 8 Cents, and have done away the discrimination between our Commercial allies and other Nations. spent a day debating on the Article of Salt, but left it finally untouched. The Bill to regulate the collection of Duties, &c. [HR-6] as formed by the Committee has been printed, and is to be taken up this day in a Committee of the whole House. it is long and crude, and will require much polishing. The Eastern Gentlemen do not seem sufficiently impressed with the importance of the Western Country. or the practicability of retaining them in the Union. A Senator of Massachusetts told me that he did not think we ought have any regard to them in our Congressional Acts. (the Seat of Goverment being the subject of Conversation) that it was as probable Canada would join the Confederation as that they
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would remain in it I have spared no pains to remove their prejudices I have procured Mr. Murrays and Hutchins Maps,2 and a late Manuscript Map of the Head Waters of Poto[mac] and of the Monongahela and Yohogeny [Youghiogheny] Rivers. I have had several of those Gentlemen at my Lodgings to examine these, and really flatter myself that my exertions may not be in vain. Among others Mr. Ames, who you will observe is a Sweet Strickler for Molosses he is a pretty Youth, and after examining my Maps with great attention, and observing the Approximation of the Watercourses and the immense in Land Navigation with eagerness and astonishment, declared that in his opinion [lined out] a greater [lined out] Curse could not happen to America [lined out] than a Division of her Territory—that her future Grandeur was the most pleasing object to his mind, that he only wished for long life that he might see it. I have endeavoured to inform but not to flatter, to the Senator above alluded to, I answered, that nothing but the dissemination of such Sentiments as he had expressed could occasion a Seperation—To another Gentleman I observed, that if we must seperate I should much rather have divide by the Hudson than the Allegeny [lined out] I have known Grayson long and intimately, the opinion you have formed of him I think is perfectly just, he continues infirm but in general attends the Senate and takes a part in their Debates. I dont know how he and his Colleague [R. H. Lee] may draw together in other respects but they are Antipodes with regard to Titles. but a Matter of a more feeling Nature is now in agitation Salaries, Pay, a Committee has been appointed to consider these matters, and have agreed to report, that Presidents Salary exclusive of a furnished House [lined out] Carriage and Horses shall be 20,000 dollars pr. Annum—the Vice Presidents Salary 5,000 dollars—the pay of a Senator 8 dollars per day—of a Representative 5 dollars pr. day—the 5 dollars I believe will stand, but I intend to put my Foot in the 8 dollars to a Senator. In our Countries we stand on the same ground, have pursued similar modes of life, and lived in the same style, have sacrificed as much by leaving home, and when here must bear as great a share of the Public Burden. Why then make a difference in our pay. but to cherish that opinion of superior Dignity which seems already to have taken possession of their Hearts—In this I expect to be opposed by our very respectable Countryman Mr. Madison, and certainly by R. B. Lee. Yet I will attempt to do what appears to me right. New-York is an agreeable place, and no pains has been spared to make it so to us Congress Men— but “where the Treasure is, there will the Heart be also.”3 Mine is in Virginia This I hope to prove. *** I transmit to our Friend the General [Adam Stephen?] a News Paper containing a Philadelphia Production on the Seat of Federal Goverment,4 for his ad animadversion—I wish a mutual interchange of my Scribbles Letters since they appear to give some pleasure, may take place between you.
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ALS, Gates Papers, NHi. Portions of the omitted text relay news of New York’s gubernatorial election and Madison’s “respectful Compliments.” The Impost Bill [HR-2] was printed in the [Winchester] Virginia Centinel, 3 June. Thomas Hutchins, geographer general of the United States, 1781–89, published his Topographical Description of Virginia, Pennsylvania, Maryland, and North Carolina in London in 1778; an American edition was printed in Boston in 1787. In 1785 a complementary map of maritime Canada and New England, commissioned by Quebec’s Governor John Murray, was printed in London. 3 Luke 12:34. 4 Probably the Letter from Philadelphia to a Member of Congress dated 11 May and printed under that date. 1 2
Letter from Virginia I never supposed Congress would hurry over the objects committed to their deliberations. They are too important to be acted upon without being discussed; and they are too numerous and intricate to be discussed in a moment. But when I make these remarks, I do not mean to insinuate that it is not possible Congress may not in some instances attend too minutely to the detail of business. I know that the habit of discussion, like all other habits, has an imperceptible effect, and that men fall into the snare before they think of it. Those who discuss a great deal upon important subjects, forget when to drop a temper of discussion when they are upon points less interesting. You ask me, if the patience of people this way is not exhausted, that so much time has elapsed, and so little business accomplished? I am happy to assure you, that people do not yet complain, as they are disposed to make allowances for the difficulties that attend the first organization of the government—But how long this patience will continue is uncertain. Impatience is a weakness to which the mind of man is extremely liable; and it may, no doubt, be discovered in this as in many other instances where it ought not to be. [Philadelphia] Pennsylvania Packet, 17 June.
Other Documents
Andrew Adams to Benjamin Huntington. ALS, Huntington Autograph Book, NRom. Written from Hartford, Connecticut. Sturges will either be appointed to the Connecticut Superior Court or reelected to the council; he was left off the latter because of the erroneous idea that Congressmen could not hold the office.
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Samuel Barrett to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. Office seeking; suggests referring to Ames, Dalton, Gerry, and Strong for “Testimonials.” Benjamin Contee to Benjamin Harwood. ALS, Smith Collection, NjMoHP. Acknowledges receipt of packet for John White sent under frank to Contee; encourages Harwood to use the frank if the occasion occurs again, as it will save the state money. Benjamin Contee to Levi Hollingsworth. No copy known; acknowledged in Hollingsworth to Contee, 2 June. George Thatcher to Daniel Cony. No copy known; acknowledged in Cony to Thatcher, 16 June.
Tuesday, 2 June 1789 Fine (Johnson)
Tristram Dalton to Michael Hodge . . . There was a proposal to place 40 Cents pr. hundred upon Iron imported—this I opposed with success—and it stands among the 5 pr. cent articles. Everything that can affect ship-building I shall watch with a jealous Eye—This manufacture appearing to me to deserve every encouragement upon National principles & the affection I feel for my Native Town adds force to my inclinations to protect a Business which is of so much Consequence. This day the Senate have gone thro’ the consideration of the Impost Bill—subject, however, to alterations in any way, at the next reading, when I shall place before them such arguments in favor of reducing the duty on Molasses still lower, it standing at present at 4 cents, as must obtain 1 Cent—a drawback on Rum manufactured from Molasses and exported to foreign ports will be allowed, nearly equal to the impost on the raw material. . . . EIHC 25(1888):23. The ellipses are in the source.
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Thomas Fitzsimons to Benjamin Rush There has nothing Occurred here for some days worth giving you the trouble of a letter [lined out] for. Some Important business before Committees which has been Kept too long in Suspence but now nearly ready to be brot. forward—I mean the Establishment of the Executive departments and the ascertainment of the Compensations to the Presidt. Vice Presidt. and Members of either house. The departments are determined to be Finance War & foreign Affairs each under the Direction of a Secy. the 2 laters are all ready pre occupyd but I have not heard a Surmize Respecting the person Who may be found to fill the former and to say the truth if I was at this moment asked Who it ought to be I should be totally at a loss to name him. the Whole business of appointments must Soon be taken up as the bill to provide for the Collection of the Revenue [HR-6] is now under Consideration. I know so Little of What passes—at least as not to be able to form the most distant Idea of the persons to be Preferred—there are some few that I would wish to see among the Number but they Can benefit little by my wishes. I believe I have already mentioned to You my Opinion that the Nominations will be made by the Presidt. without any interference of the Senate in the first instance, I suppose they will be so unexceptionable as not to furnish a pretence for a Rejection. The subject of Compensation is a difficult one to support Governmt. with becoming dignity without alarming or burthening the people is the Object. but opinions differ widely as to the Sums. a Report before the house proposes—that furniture Horses & Carriages be purchased for the Presidt. and an Annual Sum allowed for their support. That he should be supplyd with Secys. &c. at the public Expence and have an Annual Appointment of twenty thousand dollars—Over & Above—that the Vice Presidt. shall have five thousand dollars % Ann. and the Members of Each house Six dollars % day—this altogether will amount to a round Sum and I believe will not be much Altered—I think the Vice Presidt. is 1000 too high low that the senators should have 6 the representatives 4 dollars % day—but our Members will admit of no discrimination—and will not agree to set themselves below the sum proposed. The expence of this Place furnishes an Argument for Really it is now about What Philada. was in 1784—I suspect our Constituents will think us extravagant yet there are very plausible reasons for every one of the Sums—and in some Instances Very substantial ones. As Soon as the revenue business is got thro. the removal [of Congress] must be taken up—for which good Reasons Occur daily—Why this Subject should be determined—this is certainly an Improper place for us on many accounts.
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I am sorry but not surprized at the Account you give our of our Political associates I know their inactivity too well to doubt the certainty of it—they sometimes bestir themselves When things come to a point and You must Stimulate them to some exertion a Little before the Election—if they Miss the present opp[ortunit]y. I think it more than doubtfull of their Obtaining any alteration in [the?] Governmt. for Several years—[Arthur] St. Clair is return[ed ] to Philada. and will converse with Mr. [ James] Wilson on the subject of the Fœderal Justiciary—I have ventured to advise his Sketching out a System but he declines it—I think Improperly—we are in our house totally incompetent to such a business and tho one preparing in the Senate May be found defective it will possibly go down because we are incapable of produceing a better—it is with few only that men should attempt the liberty of Remonstrating in their own affairs & tho I am Sincerely interested in Mr. W— [Wilson’s] Concerns it would be Improper for me to go farther than I have. I have wrote to Mr. [Tench] Coxe lately but am so Constantly employd as to be a Worse Correspondent than I Ought the Occasion must be my apology. ALS, Gratz Collection, PHi. Addressed to Philadelphia.
Samuel Henshaw to Theodore Sedgwick I most heartily congratulate you & my Country on your recent appointment—Your Friends in Boston also greatly rejoice—Be cool—be calm, & answer their raised expectations—Say nothing about [Samuel] Lyman—the victory is yours—that is enough for the present. You know some people think you are rather sudden—that you are apt to speak before you sufficiently deliberate—I would therefore advise you, (and I would not advise you, if I did not love you) not to speak much in Congress—and never but on great questions; let the little folks do the little Business. If it should be in your power with the assistance of your connexions to get me back to Boston in my old Station, I will return1—All your Brethren know my Character & my much greater experience in Revenue affairs than any other Man in this State—You may consult Mr. Strong & Mr. Gerry particularly—But dont let them, nor any body else know I wrote you on the Subject—but let them know, that you are sure from conversation you have had with me on the Subject, that I would accept of an eligible appointment in the revenue department, & immediately return to Boston. Burn this, I beseech you, as soon as you have read it. Thomas Melvill Esqr. is now naval officer for the port of Boston—There can be no better officer in that department.
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I will write you next week—let me hear from you immediately—I am in infinite haste. ALS, Sedgwick Family Papers, MHi. Written from Boston. 1 In 1787, when he moved to western Massachusetts, Henshaw resigned the office of collector of impost and excise for Boston and Suffolk County.
Other Documents
Baron de Glaubeck to Henry Knox. ALS, Knox Papers, Gilder Lehrman Collection, NHi. Asks for financial assistance; annotated by Knox to indicate that he gave Glaubeck ten dollars from Burke and five dollars from “T. T. T.,” probably Tucker. Benjamin Goodhue to George Washington. AN, Washington Papers, DLC. For the full text, see PGW 2:431. Office seeking: Epes Sargent for collector at Gloucester. Levi Hollingsworth to Benjamin Contee. FC:lbk, Hollingsworth Papers, PHi. Disappointed that Contee could not get a leave of absence from Congress and take steps to settle his debts. Joseph Savage to George Thatcher. ALS, Chamberlain Collection, MB. Place from which written not specified. Asks Thatcher to inquire of Van Rensselaer how Savage can receive a security for land given to him by New York State. Henry Sewall, Diary. MHi. Delivered letters to Thatcher, “who enclosed them all to Genl. [Willliam] Lithgow—and I put his letter into the Post office.” [Poughkeepsie] Country Journal, 2 June. Benson has resigned as attorney general of New York.
Wednesday, 3 June 1789 Fine (Johnson)
Benjamin Goodhue to Samuel Phillips, Jr. I take one moment to inform you that the Senate have dutied Gun powder at 10 % Ct. and I hope the House when the bill comes down will con-
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cur, what is a little surprising is that the members from the State of So. Carolina and Georgia who so warmly opposed a duty with us should have advocated it in Senate—We have had the bill for collecting the duties [HR-6] before us to day, and have been filling up the blank in the bill with the ports of entry and delivery in distinction from others that are to be ports only of delivery—you will see by the paper inclosed the report of a large committee Gerry was from our State, on the subject of Salaries and doubtless will [be] shock’d at the sums—We from Massachusetts shall oppose large grants all in our power but I am afraid without effect for it appears to me the most of them think no more of Dollars then we have been used to think of Shillings, and I am pretty confident that no surer method could be hit upon to give general disgust then enormous and unreasonable Salaries—I am sorry that any of the members should bring their families and keep their Servants and Carriages, as such conduct naturaly creates the evil I am complaining of—I Know the circumstances of our Country will not warrant such profusion, and I Know if they will be content to live as We do at our lodgings, the pay which has been allowed to our former delagates would be abundantly sufficent—adieu, but I must tell you that I see no prospect of any excise, and I do not believe the impost will operate till the last of July if so soon. [P. S.] I do not Know that Gerry was for large Salaries, but between us I suspect it. ALS, Phillips Family Papers, MHi.
William Maclay to Tench Coxe We carried a vote Yesterday in the Senate to exempt Cotton from Duty, to the first of December 1790. the opposition from the Southern States was pointed, but the Business ended in this kind of Compromise. We have been over the Impost Bill in a second reading, in a committee of the Senate and have made many alterations some of which I cannot consider as amendments. the discrimination in favour of Nations having commercial Treaties is struck out, the duty on Spirits of Jamaica Proof reduced to 10 and on other Spirits to 8 Cents. Molasses now stands at 4—but nothing is final as yet. I hope we will this day. go over it again, much however, as I wish it finished I scarce dare hope that we will compleat it this day. We proceed slowly, and Yet we cannot be charged with Indolence as we often sit, untill near 4 O’Clock. the Collection bill [HR-6] is not however agreed to in the House of Representatives. and without that, the bill before Us is Useless. All this is vexatious inough, When we consider, That the Merchants, by the raising
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of their goods, are actually levying the impost on the People. I will always be glad to hear from You. ALS, Coxe Papers, PHi. Addressed to Philadelphia.
James Monroe to Elbridge Gerry Sometime hath interven’d since the last interchange of friendly communications between us, but be assur’d it hath not proceeded from any abatment in the regard I have always had for you. my cares latterly have been confin’d within a very narrow compass; but my real content & happiness hath not been diminish’d by this circumstance. To effect an establishment here & detach myself from all other pursuits but those of my profession hath been my object. For five or six months I have been settled in the business of housekeeping, in the duties whereof although we are novices, yet we shall in time improve, nor are we without some pleasure in the slow but regular progress we make in it. our society is increas’d by the birth of a daughter who contributes not a little to our delight. she bears the name of her mother.1 we expect you are before us in every respect; but hope especially that we may congratulate you on the happiest fruits of matrimony. I was sorry upon inquiry upon taking my station at the bar to find that yr. aff[ai]r. with Randolph had been so neglected as to leave its commencement with me. I had a writ issued & shall forward it to a conclusion with as much dispatch as I am capable of. you will always confer a particular pleasure on me by putting it in my power to serve you, and you will add to the objects of my profession, by making me known to those of yr. acquaintance who have business of that kind to transact here. I feel great anxiety as to the success of the business in which you are ingag’d. To bind the States together by the strongest ties, & to commit their interests to the direction of one common head is the first of my wishes: & I hope will be the event of this meeting. whatever will be the result of your deliberations time only will unfold, but you have my most earnest prayers for yr. success. ALS, formerly on deposit at ICarbS. Written from Fredericksburg, Virginia. 1 Monroe married Elizabeth Kortright of New York City in 1786. Their daughter, Eliza Kortright, was born in July 1787.
Peter Muhlenberg to Benjamin Rush I certainly ought to begin with an Apology, for having so long neglected, to acknowledge the receipt of Your favors, of the 13th. & — of May
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The only excuse I have to offer, is, that so little of consequence, has been done of late, that I have waited in vain, from one Post day, to another, in expectation, that something worthy of Notice would offer—The impost Bill, which was so long in its passage thr’o The House, is still before The Senate, where agreeably to report, it has been so Prund, & Mutilated, that it will reappear in a very different shape—it seems, The Senate are of Opinion that the impost has been laid at least one third too high, & if They retain this Opinion They will certainly reduce it in that proportion But I am very much at a loss to conjecture, in what manner, They mean to make good the deficiency, this will occasion in the revenue System; and whether the mode some of Them propose, which is, to do it by an Excise, will not be productive of worse consequences, than a higher impost could possibly occasion— They have set aside the discrimination reducd Spirits of Jamaica proof to 10 Cents, other Spirits to eight—Madeira Wine to 18, and so in proportion. in what manner The House will recieve the Amendments is uncertain. On Monday last The Comittee reported on the Salaries for The President. V. P. Senators & Representatives. The House have not yet decided on the report. I have wrote to several of my Friends in Pensylvania, relative to the proposd alteration in our State Constitution—Genl. H[iester]. has done the same, but neither of us have yet receivd an answer—John Arndt Esqr. spent a few days with us last Week; He will without doubt take an active part. *** ALS, Gratz Collection, PHi. Addressed to Philadelphia.
St. George Tucker to Thomas Tudor Tucker I returned from a visit to our friend Donald Campbell in Norfolk, this Evening & had the satisfaction of recieving your favor of the 13th. ulto. on my arrival. Our political Sentiments have generally been in such perfect unison, at least on the subject of a Democracy, that you will readily concieve I felt my Indignation extremely rous’d at the Information it contained, of the Baseness, Servility and Apostacy of our Countrymen from those principles for which thousands of their sons & Brothers shed their dearest Blood. I was however fully prepared to expect every thing which your Letter contained, from the Letters & Papers which I perused at Norfolk, some of which bore date so late as the 22d. ulto. from new york. Stimulated by my Indignation I have actually begun a political farce, the object of which is to ridicule the frivolity of the proceedings of the Senate, & to expose in its proper Colours the Character of their President, whom I consider as the high priest of Monarchy; ready to immolate a Hecatomb of his most virtuous Countrymen at that shrine. The progress I have yet made is very small, but I will endeavour to give you a sketch of my plan, in the Execution of which I wish
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for your aid, at least so far as to assist me with Annecdotes—& to correct what I write; should I succeed in my plan, I am resolved if possible to bring it on the Stage, & try the force of ridicule upon minds callous to other modes of reasoning. In a preliminary Dialogue I have introducd the Author & the Manager of the play house at N. Y. canvassing the merits of the play. the Manager vilifying it as an American production, & proving from the authority of Abbé Reynall1 &c. that it must necessarily be a stupid performance. In this Dialogue I have occasionally said somethings which may serve to prepare the mind for the Subject of the Farce, the title of which is “Up & ride”—or the Borough of Brooklyne. I have chosen Brooklyne as the Scene, as being better known in N.Y. Than any other place of equal Consequence. The Characters are—Jonathan Goosequill, Recorder. Harry [lined out] Lee-shore, Obadiah Cod-line, Matthew Starch, & Ferdinando Blue-fields, Aldermen—Simon Shearwater, Jemmy Smoakum, & Timothy Rice Commoncouncil-men. Billy Goosequill, nephew & intended Son in Law to the Recorder—Mrs. Goosequill, & her Daughter. You will see in the names some Annalogy to the Characters. Act. 1. Scene 1. Goosequil, Starch & Codline, meet on the Eve of the Election for a mayor on the succeeding year & concert the means of securing the Succession to the Mayoralty to Squire Goosequill, & that of recorder to Starch. In this Scene Goosequill announces that George Wheatsheaf the present mayor had determined to decline & had gone to his farm at Flattbush to avoid the Election. In consequence of which Goosequill considers his succession as uncontrovertible & endeavours to establish Starch’s (J. J.) in his Interest. Scene 2d. Mrs. G. all agog at the Approaching Elevation of her Husband meets Simon Shearwater, who ridicules her Anxiety for a procession, & going out is succeeded by Master Billy & Miss, to whom Mrs. G. open’s her whole soul and that of her husband on their approaching Greatness. Billy is dispatch’d over the ferry to bespeak Ice-creams & confectionary of Corry for the Entertainment, & to procure finery for Madam & her Daughter, & a wig for the Squire. Scene 3d. The Aldermen & Commoncouncil are convened to prepare a valedictory Address to Wheatsheaf, in which the Dispute about the Titles of the president & vice president will be brought on—to conclude with a proposition on the part of the Recorder to shut their Doors, during their debates, quoting high Authority for so doing. Scene 4th. A Dialogue between Mrs. G. & the Squire in which she communicates the Steps She has taken, & a proposition on the part of the Squire that measures be taken to secure a splendid procession. This scene & a Song, which I have already penn’d will conclude the first Act.
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Act. 2d. Will open with Madam & Master Billy who recounts to her his dissappointments, Corrie, being so taken up with the great folks in the City as to refuse to make the Creams &c. In consequence of which he had applied to some of the Cake women on the Wharfes (you must find me out the name of some noted one) from whom he had obtained an ample supply of cold custards, Cranberry tarts, mince pies, and Crablanterns. That he had been to a milliners (I want the name of some noted one) & had procured all the most fashionable articles of Dress for Madam, & Miss. Here too you must assist me with the names of the fashionable head, tail, & bosom dresses of the Ladies. That he had procured of the most noted Wig Maker (I want a name) a wig suitable for the Squire; but unfortunately just as they were embarking at the ferry Stairs the Boat was overturnd & all the Pastry spoilt—but he had sav’d the Ladies finery & the Squire’s Wig, though these last were a little discompos’d by the wetting. The plan of the procession is now settled. Scene 2. The Squire enters, & proposes that to give a greater Luster to the procession he with Madam & Miss should pretend to go to Flushing in their One horse chaise, & contrive to meet the procession at the Entrance of Brooklyne on the Jamaica road. This is accordingly agreed to. Scene 3d. The Squire enumerates to Codline, Lee-shore, and Starch his Services to the corporation, & concluding with a modest nolo episcopari,2 leaves them on pretence of going with his Family to Flushing. AL, Tucker-Coleman Papers, ViW. The letter is incomplete and may not have been sent. A draft of the complete play can be found in the same collection. The editors believe Tucker intended Goosequill to be John Adams; Lee-shore, Richard Henry Lee; Starch, John Jay; and Wheatsheaf, George Washington. 1 2
Guillaume-Thomas-François Raynal (1713–96), French philosophe and art critic. “I do not wish to be made a bishop,” a proverbial expression of false modesty.
Alexander White to Horatio Gates I wrote you on Monday that Mr. Madison and I expected Mr. [R. B.] Lee and Mr. Page were for a discrimination in the pay of Senators and Representatives I did not write without just grounds—however the Sense of the Members being discovered to be against it—the [lined out] Report which had been agreed upon was altered—and has since been reported to the House at 6 dollars per Day for the Members of each House. This Report has not yet been considered, when it is the pay I expect will be reduced to 5 dollars—I wish that part of my letter which respects this business could be erased. *** ALS, Gates Papers, NN. The omitted text predicts Governor George Clinton’s election.
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A Hint to the Proprietors of the Mail-Stages between Philadelphia and New-York A friend to the stages takes the liberty of informing the proprietors, that, for three weeks past, the mail has not been received in this city till very late in the afternoon. You, by this bad management, deprive Congress of their letters till late in the evening, and very often till the next morning. Were you to exert yourselves, in forwarding the mail to this city, it might arrive at Two O’Clock: the members of both houses of Congress would then have the pleasure of receiving their letters immediately. Congress adjourn at 3 o’clock: if the mail arrives after that time, the letters lay till next morning. Look Out NYDG, 3 June.
Other Documents
James Boyd to Tristram Dalton. No copy known; mentioned in Boyd to John Adams, 30 June, Adams Family Manuscript Trust, MHi, as seeking Congressional action on Massachusetts resolves regarding his lands and the Northeast boundary dispute, which were sent to Congress by an order dated 10 November 1786 (see DHFFC 2:383–84). Benjamin Contee to Levi Hollingsworth. No copy known; acknowledged in Hollingsworth to Contee, 3 June, Hollingsworth Papers, PHi. Jeremiah Jordan to Michael Jenifer Stone. ALS, Washington Papers, DLC. Written from St. Mary’s County, Maryland. Office seeking: for Henry Carberry. Robert Morris to George Harrison. ALS, Brinton Coxe Papers, PHi. Addressed to Philadelphia. The Senate will finish the Impost [HR-2] Bill today. Jeremiah Wadsworth to Peter Colt. ALS, Wadsworth Papers, CtHi. Addressed to Hartford, Connecticut. The “regulations of the impost will be nearly as you have described them.” Jeremiah Wadsworth to Samuel B. Webb. ALS, Webb Papers, CtY. Asks Webb to find for him a good theater box for the performance of The Contract.
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Governor George Walton to the Georgia Delegation. FC:lbk, Governor’s Letterbook, G-Ar. Written from Augusta, Georgia. Sending state accounts to present to commissioners for settling state accounts. NYDA, June 3. Benson has resigned as attorney general of New York.
Thursday, 4 June 1789 Cool (Johnson)
John Adams to James Lovell *** I find the personal service which my Office renders indispensable somewhat severe. Setting still in the same place, so many hours of every day, and attending to the Course of proceedings in every step, as it is some thing new to me is somewhat injurious to my health: but I hope to get the better of this inconvenience and when habit shall be formed, to find it pleasant: there is in the Senate much more of a National Spirit than you and I have been accustomed to see in Congress and much more apparent Moderation. I wish the Motions of both Houses could be accelerated: but in untried Paths so many Obstructions occur, that time and Patience alone can cure them. I wish to know the spirit of the new Govt. in Massachusetts: and am not without hopes it will be sufficiently national: I dont say fœderal for I think that an improper Word. FC:lbk, Adams Family Manuscript Trust, MHi. The omitted text relates to federal office seeking for Lovell and Robert Duncan.
Fisher Ames to Samuel Henshaw Your last letter to Mr. Strong gives me an idea of the sort of people you have to deal with in the General Court. I wish you success in your hard task of keeping some among them from inciting the majority to mischief— Here, [Daniel] Shays has few friends—but a sense of danger unites men— Security, in respect to federalism, has not divided us into parties—but it produces effects little less to be deprecated—Many wish to limp on with the impost, and put off an Excise, as some do repentance, to a more convenient Season. I reason thus—Money is power—With a good revenue, the Govt. may do the good that is expected from it—or a part of it—it may keep
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breath in it’s own body when faction & violence otherwise might beat it out—The states will sooner or later be led by men who hate this Govt. & hate any Superior more than they hate tyranny—The Govt. is now popular, and a moderate Excise wd. yield a good deal & might be made to increase— My only doubt is, how shall it be imposed & managed to the best advantage. Now is the accepted time. Suppose an Excise of 3 Cents on Rum of all kinds &c. 6 on Whisky—6 on Madeira 3 on other Wines. The Importer to give Bond for the payment of the Duty on the Sale—A purchaser of him within a certain time to give security to the Officer & to discharge the Importer, pro tanto1—and to have a credit for a reasonable time—You will probably stare at such ideas on paper—I am in haste, & will only suggest, that the plan must be, simple, kept to the sea board, confined to few Articles, & very moderate—otherwise it will not go down—Now, will you take so much compassion on me as to attend to the best mode of manag managing this business—Consult, if you think fit, any other persons, Mr. Ste[phen] Higginson &c. and write me by the very first post after you have had time to form an Opinion—You have had good Opportunity to understand the subject—without that advantage, it will fall to my lot to take my full share of pains—I shall be grateful. Keep this to yourself—for you well know, that it is not very convenient to hazard one’s opinions so freely with others as I have done with you in this—A duty on Law processes—on Wheel Carriages—on Tavern Licences may be proper hereafter—Govt. will need it all. The Senate have the Impost Bill yet They have voted to reduce Spirits of Jam[aic]a. proof to 10 Cents—other spirits to 8—Madeira to 18—other wines to 10. & many other Alterations Molasses was voted to day to be 3 Cents. Whether the Draw back will be allowed will be decided tomorrow— It is doubtful. [P. S.] Excuse my hasty scrabble. ALS, American Manuscripts, MB. Addressed to Henshaw at the “General Court” at Boston. The letter is headed “Confidential.” 1
To that extent.
Tristram Dalton to Michael Hodge I have only a minute to acquaint you that the Senate have been, this forenoon, wholly on the duty on Molasses. It is now put at 3 Cents pr. gallon. From the disposition discovered, I suspect that the Issue of the whole matter in the Senate will be a proposition of Amendment by putting Mo-
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lasses at two Cents and allowing no drawback on that or the Rum made from it. This I shall not acquiesce in unless to prevent a worse Evil. [P. S.] Mr. Morris was warm for its being kept at 4 Cents, as was Mr. Ellsworth, one of the best speakers in the Senate. The Question was tyed and the Vice President turned it in favor of the 3 Cents. EIHC 25(1888):24.
Benjamin Goodhue to Stephen Goodhue The Senate have under the second reading the bill establishing duties, and have been the whole of this day upon Mollases and upon the question whether it sh’d. be reduced to 3 cents, they were equaly divided and the Vice President turn’d it in favr. of 3 cents, but weather it will stand where it is or what it will finaly be I do not Know, perhaps as is very likely the house will induce the Senate to bring it to 4. We are upon the bill for collecting [HR-6], and it is a subject so complicated as it applys to the sevaral parts of the Continent, as to ports &c. that We have spent two or three days upon it, and have scarsely made a begining. [P. S.] Some of the Senate wish to have Mollases 2 cents and no drawback, and if our Eastern members had consented I am informed they might have carried it. I am still of opinion the price of Mollases will never be more affected by the supposed duty then it was at first. ALS, Goodhue Papers, MSaE.
Benjamin Goodhue to Michael Hodge I take one moment to inform you that the Senate spent this whole day in the second reading of the bill establishing duties on the Article of Mollases and on the question for 3 cents they were equaly divided and the V. President turned it in favr. of 3 but when it comes down to the House I am afraid they will be for raising it to 4—the other alterations which they made in Jamaica Spirits to 10 cents and of inferior proof spirits to 8 cents you doubtless have heard of—the alteration in other articles made by the Senate I do not recollect are material—the House have been two or three days in rather a lose discussion of the bill for collecting the duties [HR-6], and as yet no opinion can be formed of what may be the collective sense of the House upon the leading features of this great and intricate subject—they have been
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mentioning ports of entry and delivery, in distinction from ports of delivery only, some Gentlemen are for prohibiting the unloading of goods at any other places then are particularly designated by the act, while others are for granting indiscriminate indulgence, in short the Geographical and other circumstances of the various ports of the Union are so widely different that its no wonder it should appear perplexing—nothing decisive has yet taken place so as to form an idea of what may be one single principle of the bill. ALS, Ebenezer Stone Papers, MSaE.
Richard Bland Lee to David Stuart *** It gives me very great satisfaction to hear that the proceedings of Congress have as yet met with the approbation of the discerning. No other motive, but the public good seems hitherto to have swayed our deliberations: and as long as it shall direct our counsel I not only hope that the general prosperity will be promoted, but that the poeple in different parts of the Union will patiently submit to regulations which may in some instances appear to have a partial operation, considering that the extent of our country, and that the diversity as well as inveteracy of our habits and prejudices, will prevent even the wisest men from pursuing a scheme of policy, which would thoroughly accord with the views and wishes of every class of citizens. As far as such a scheme is practicable, I am convinced, that it is the inclination of the present Congress, and that it will be their constant endeavor to pursue it. The different extremes of the Union have on all occasions been ready to make su sacrifices for mutual accomodation where the public interest required them. We are now engaged in a very arduous business the preparing of a Custom house System—it is a novel thing in America, and on the enlarged scale, on which we are obliged to attempt it, it is a most difficult undertaking We have been some days employed in determining on the proper ports within the United States—and the result will be to establish them generally in the manner which the Laws of the respective States have provided. Consequently the Ports in Virginia will remain, perhaps nearly, perhaps exactly as they now are. The Bill which has been reported on this subject and the collection of the duties [HR-6] is very imperfect and will require some weeks to mature. I do not expect that it will pass our house till the end of the present month. Consequently the Impost will not be levied before August—provided we are as expeditious as I hope. A committee has reported the compensations proper to be made to the
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President, Vice President, and Members of the Legislature. To the former the sum of 20,000 dollars per annum, exclusive of his house, furniture, and carriages. To the latter 5,000 dollars per ann. and to the Speaker of the house of Representatives 12 dollars, and to the Senators and Representatives 6 per diem during their session and for every 20 miles in travalling to and from their homes. This report will I believe be agreed to with out Hesitation. The Senate have the impost Bill still before them—and have reduced the duties on rum, molasses, and some other articles at least one third lower, then they were sent to them—and have raised them on some of unproductive articles. It is very uncertain whether these amendments will be assented to by our house. The Senate are preparing a Judiciary system, and have ordered in a Bill to define crimes against the Union—to both which subjects they are fully adequate. We have ordered in Bills to establish a war office, an office for foreign affairs and a treasury office; these departments being essential to aid the Executive Majestrate in the discharge of his duties. Having got thro’ the business now before us [lined out] I will now inf turn to projects of a more private nature. I gave Mr. White the No. of Decius— and as you supposed he was very much delighted. Poor Bland has been very ill and left us early yesterday morning for home. He was much better before he went away—and expects to return to us in the course of a month. He very reluctantly left us as Monday next was is the day appointed to go take into consideration the fifth article of the constitution; and amendments will be prepared and recommended with out his aid or advice. I saw the President yester day and his Lady a few days ago—they are both very well, as are also Miss Nelly [Eleanor Parke Custis] and [George] Washington [Parke Custis]. I wish you would write sometimes about the Crops—many of us here are much interested to know how the Seasons have been and what are the prospects for crops with you. *** ALS, McGregor Library Manuscripts, ViU. The identification of the recipient is based on the references to the Custis children and on the closing regards to their mother, Eleanor Custis Stuart.
Benjamin Rush to John Adams I find you, and I must agree not to disagree, or we must cease to discuss political questions. I could as soon beleive that the British parliament, [lined out] had once a right to tax America, as believe that the a fourth major part of the citizens of New York were federal, or that many of the federal minor-
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ity were so, from [lined out] proper motives—I know from good authority that some of the leading federalists of New York pressed the senate at Albany to relinquish the power of appointing federal senators, to the assembly, rather than risk the loss of the residence of Congress in New York. But my principal objection to the continuance at in New York, is the influence which a city contaminated by having been for seven years a garrison town to a corrupted British Army, must have Upon the manners, & morals of those men who are to form the character of our country. I already see the effects of this influence, and hear much more of it. The citizens of Pennsylvania [lined out] are truly republican, and will not [lined out] readily concur in a goverment which ape has began already so soon to ape the corruptions of the British Court, conveyed to it, thro’ the impure channel of the city of New York. I think Philada. the most eligible Spot in the Union for the present residence of Congress—Upon this account, I am sure [lined out] it will not be preferred—But Trenton—Annapolis—Chester [lined out] town—or the Banks of the [lined out] Ohio should all be preferr’d to New York. It is a the sink of British manners & politicks. I hope one of the last mentioned places will be fixed upon soon, otherwise such factions will I fear arise, that as will convulse our goverment. There is more known—said & felt upon this subject, that is proper to be communicated; it will f or than will be believed while Congress is perfumed with British incense in New York. When I speak of the influence of the New Engd. States, I mean that [lined out] influence in favor of virtue—order, & liberty which has long been a System with them, but which is only [lined out] felt, by fitts & starts by most of the Other States. I wish to see such an influence revived, & perpetual in our Country, & to ensure this, I wish it not to be perceived, or opposed. When I expressed a wish for a Union in principle & conduct of Massachussets—Virginia & Pennsya. I wished only for the predominance of numbers & property in the legislative & executive parts of our goverment. I never knew that highly respect Mr. Jay, [lined out] but supposed, he would have [lined out] been continued in his present office. After stating the abilities—Sacrifices & services of Mr. [ James] Wilson—could it be offensive to hear t that he was your friend [lined out] opposed the narrow Views of those people who wished to [lined out] render your election abortive? or to dishonour you by the manner in which it was conducted? In this he acted a manly part, and I have a right to say, that he was less influenced by personal regard, than by genuine—federal—and republican principles. Letters from New York & Maryland (which I saw) strongly urged him to an opposite Conduct. But he felt—what you have expressed, and could his advice have prevailed fully, you would have had ten, instead of eight votes from Pennsylvania. Why should we accelerate the progress of our Goverment towards monar-
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chy? Every part of the conduct of the americans tends to it. we will have but one deliverer—One great—or One good man in our Country. For my part I cannot help ascribing the independance—& new goverment of our Country to thousands—all equally necessary & equally useful in both those great events. This is not a time to mention, nor are you in the proper place to hear, who were unfriendly to your election, in New York. That we you may never mistake each other’s any of my Opinions or principles in any my future letters, I shall add to this long One—that I am as much a republican as I was in 1775—& 6—that I consider hereditary monarchy & aristocracy as rebellion against nature—that I abhor titles, & every thing that belongs to the peagantry of goverment—that I love the people— but would sooner be banished to Iceland or Tobalski [Tobolsk, Russia], than gain thier favor by accommodating to one of thier unjust popular prejudices—that I feel a respect for my rulers bordering upon homage, but that I would not be jolted two hours in the New York Stage that plies between New York & Philada. to be the prime minister of the United States—and & that if I have applied for no office, & shall apply for none. Under all circumstances, I hope I shall be excused in thinking for myself, at all times, & upon all Subjects. To this detail of my principles, I have only to add one feeling, and that is, that I am with as much Affection & respect as I was in 1775—your sincere (under (notwithstanding our present contrariety of sentiment upon some Subjects), your sincere friend. ALS, Adams Family Manuscript Trust, MHi. Written from Philadelphia.
Anthony Wayne to Aedanus Burke Yours of the 29th April came to hand some time since, & am much Obliged by the information & advice you give me which you may rest assured—I shall strictly observe—in fact it exactly quoderates [squares] with my own Opinion. I am afraid apprehensive that the heavy manner in which the Impost drags thro’ your House will afford an Opportunity for the British & other Merchants to evade the duties not only upon the summer, but also upon the fall & Winter goods—[lined out]. I am informed from good Authority that all the former & part of the latter have already arrived—& the remainder hourly expected both in Charleston & Savannah—& of Consequence the Merchants thro[ugho]ut the United States have observed a simular Conduct which at this period Alarming Crisis may be attended with the most serious Conse-
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quences to this State in Particular: being now threatened with an Indian War—& Congress without the means of affording us an effectual support. You will see by the papers that hostilities have already commenced & it’s more than probable that by the time this reaches you The Ogeechee will be the fronteir of the Southern part of the State. I am now fully convinced that we never shall have a permanent peace with the Creek Nation until they experience our superiority. I have been more than once engaged with these Savages I wou’d with avidity embrace an Opportunity of leading an a well appointed army into that Country & where I wou’d venture to which army I wou’d engage to Organize & direct [lined out] in the Course of three Months & pledge myself to [lined out] for a happy to produce a Glorious & speedy Issue & happy Issue. [lined out] I have been more than once engaged with those Savages & after defeating them in the field—concluded a peace Honble. & Inter[est]ing. to this Country & satisfactory to them.1 Apropos shou’d Congress turn their thoughts to this Quarter which must naturally be the case—may I request your early & best interest to procure me the Command in the southern District & the superintendance of Indian Affairs—by an Appointment simular to that which Genl. [Arthur] St. Clair holds to the Westward sound your Delegates friends upon this business & Impress them With your friends with the Absolute necessity of [lined out] an immediate & effectual attention to this Quarter immence & valuable territory Ceeded by Georgia &ca. to Congress, which Affords a field for National speculations vastly superior to all the Country between the Confluence of the Ohio & Mississippi & the [Great] Lakes. N. B. I am tired of being buried in old or new swamps—I want a more active scene. FC:dft, Wayne Papers, PHi. Written from Richmond County, Georgia. 1 Wayne probably referred to his victory over a band of attacking Creek warriors outside Savannah, Georgia, on 24 June 1782 and his subsequent proclamations aimed at pacifying Britain’s Native American allies for the remainder of the war (Paul David Nelson, Anthony Wayne: Soldier of the Early Republic [Bloomington, Ind., 1985], pp. 174–78).
Other Documents
John Adams to Robert Duncan. FC:lbk, Adams Family Manuscript Trust, MHi. Addressed to Boston. Office seeking: advises to apply directly to the President and to follow the proceedings of Congress to see what arrangements will be made.
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Peter Allaire, “Occurrences from 19th May to 3d June 1789,” New York, 4 June. ALS, Foreign Office 4/7, pp. 106–7, PRO. “Your Consul [ John Temple] was amongst the Mob” at the presidential inauguration. James Madison to George Lee Tuberville. No copy known; acknowledged in Tuberville to Madison, 16 June. Thomas Melvill to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. Office seeking; suggests referring to Dalton, Goodhue, Grout, Thatcher “& doubt not the other Gentlemen from the Eastward.” Robert Morris to Gouverneur Morris. No copy known; acknowledged in G. Morris to R. Morris, 1 September. Encloses a copy of the Impost Bill [HR-2]; described as R. Morris’s “Ideas on many Subjects of a public Nature.” William Moseley to Oliver Ellsworth. ALS, Ellsworth Homestead, Windsor, Connecticut. Written from Hartford, Connecticut. State superior court justices in Congress (Ellsworth and Sherman) have been replaced. John Tracey to Henry Knox. ALS, Knox Papers, Gilder Lehrman Collection, NHi. Written from Boston. Office seeking: Continue Jonathan Titcomb as naval officer at Newburyport, Massachusetts; directs Knox to Dalton, King, and Gerry for his character. William Vaughan to George Thatcher. ALS, Thatcher Papers, MSaE. Written from Portland, Maine; carried by Mr. Rudberg. Office seeking: revenue post; Langdon and Livermore will support him; introducing Mr. John Rudberg, who seeks to teach music and swordsmanship in New York City. Elias Boudinot, Diary. Boudinot Papers, PHi. Proposed New Jersey’s ports of entry under the Collection Bill [HR-6], “but our Members being out of House had hard work to carry them.” Newspaper Article, [Providence, Rhode Island] United States Chronicle, 4 June. “Our last Accounts from New-York advise, *** That the greatest possible Harmony subsists between the Members of that august Body
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[House]—and that all who attend to hear the Debates, speak in the highest terms of the Propriety and Decorum with which they are conducted, as well as of the very respectable Appearance of the Members.”
Friday, 5 June 1789 Cloudy (Johnson)
John Adams to Richard Peters *** Mr. [Sharp] Delany, I hope and presume will have no difficulty in obtaining the object of his Wishes. After an Absence of Eleven Years, it might be Presumption in me to be Sanguine in any Judgment I may form of the Temper and opinions of the People in all the States: but as far as my Information extends, I am clearly of your Mind, that bold and decisive Measures might be taken with out risque. but did you ever know a bold and decisive assembly? especially in its youth? Although Individuals of this Character Sometimes appear, it is not always Safe to follow them, because they have not always that extent of information and that [appropriate?] Judgment, which are indispensably necessary to conduct Such measures to a Successful Conclusion. and when it happens that Knowledge Experience, and Caution, are found united with Enterprize in a few, they find it impossible to impart enough of these qualities to others, to engage them to cooperate in their systems. You remember enough of this in former times; and may live to See more of it. Your confidence in the thoughtful Temper and prudent Foresight of the President is perfectly well founded, and these qualities will be greatly assisted by proper Ministers. But the avarice of Liberty which predominates in the Breasts of our Fellow Citizens, by excluding all Ministers from both Houses of the Legislature, in the formation of the Constitution, has rendered it extreamly difficult to conciliate the Legislature to any Plans of the Executive however Salutary. Poor Montesquieu, if he perfectly understood himself, has been wretchedly mistaken by others. His doctrine of a Seperation of the Executive from the Legislative is very just and very important,1 if confined to the Departments but is much otherwise, when extended to all the Individuals. Seperation is necessary, only so far as to Secure the Independence of each, but to take away from the Executive the Power of appointing to office any Individual, is Shakling its authority and diminishing its Independence. [On the?] other Hand, depriving the People of the Power of choosing into the Legislature any Man who holds an office under the Ex-
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ecutive, is abridging the Liberties of the People in the most essential Point the Election of Legislators even in the lower House; and is a Diminution of the Independence both of the Legislature and its Constituents. There is every Evidence of good Intentions on all sides but there are too many Symptoms of old Colonial Habits: and too few, of great national Views. ALS, Peters Papers, PHi. 1 Montesquieu discussed the doctrine of separation of powers most fully in Book 11 of his Spirit of the Laws.
Daniel George to George Thatcher Mr. [ John] Rudberg sails from this port in a day or two, for New-York, where he hopes to meet with encouragement as a teacher of musick. He tells me that he has no acquaintances in that city; but I doubt not his merits will soon procure him the patronage of the most distinguished characters. He is said to understand musick extremely well; and performs on a variety of instruments: and if an honest heart can be any recommendation, Mr. Rudberg ought by no means to be neglected. Thus much truth benevolence requires me to say in his favour; and benevolence truth forbids my saying less. I wish him success with all my heart. If I did not know that your attention is continually called to business of the utmost consequence, I could solicit the honour of a line from you; but, my good friend, I fear you have no leisure from your more important concerns to attend to such trifles—for trifles they must be called with you. If you should find an opportunity of snatching a moment to write to me, pray, Sir, don’t let your letter contain mere news-paper news—give me something that I could not otherwise learn; particularly I should be happy to be assured from you, whether there be a tolerable harmony Subsisting between the northern and the southern members: on this subject I feel not a little anxious. I think I may venture to thank you, Sir, in the name of your constituents, for so nobly opposing the unreasonable (pardon the epithet!) impost on molasses. I flatter myself that the bill will not pass the senate without some alteration: if it should undergo the changes which I imagine it will, that honourable branch of the legislature will secure to themselves the eternal esteem of the people. The difference in opinion, between the senate and the house, on the subject of titles, has excited the wonder of many wise heads. The opinion of the house, I humbly conceive, was truly republican, and philosophical; and I pray to God that it may prevail. There is more majesty in “George Wash-
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ington, President of the United States of America,” than there is in all the pompous titles of Europe and the East! Nobody used to say Mr. Cesar; and nobody ought to add titles to George Washington. The name cannot be magnified. Besides, the title proposed by the senate is a servile imitation: for it is almost the very title that Oliver Cromwell1 wore—but I have said too much. I wish it were in my power to communicate to you some pleasing domestick intelligence; but I have nothing that you have not already heard. *** P. S. When it is determined by Congress, that the members of the house shall be address’d by the title of honourable, or any thing else, I shall be all obedience; but until such determination, your good sense will tell you that I ought to [lined out] prefix no such title. I have given you my opinion above: therefore you will not attribute it to a want of respect, that I have omitted the customary title of “honourable” in the superscription of this letter. ALS, Thatcher Papers, MSaE. Written from Portland, Maine. The omitted text relates to Massachusetts election returns. 1 Oliver Cromwell (1599–1658) served as Lord Protector of the Commonwealth of England, Scotland, and Ireland from 1653–58; the first Senate committee report on the subject recommended the title “His Highness the President of the United States of America, and Protector of their Liberties.”
Letter from New York Respecting two of the three great departments or Secretaryships, little has been said, as a general supposition prevails that the present incumbents will be continued. The other is much more a topic of conversation and conjecture. The eyes of many would be turned towards Mr. Morris if it was not thought incompatible with his Senatorship; but if this objection did not exist, there would be others raised which would require attention from other circumstances if not from their merits. There are prejudices against as well as for him. Three persons have been a good deal talked of: Mr. [Samuel] Osgood, Mr. [Charles] Pettit, and Mr. Hamilton. Which of these would be the most proper, or whether either of them, I do not undertake to determine, as I have but little personal knowledge of them. The first is deemed what is commonly called a good sort of man, but it is thought that a sphere of less extent would be more suitable for him. The second is supposed to understand the subjects which belong to the Treasury department better than either of the others. His talents and his integrity are well spoken of by many; but I find others, especially some from Pennsylvania, do not seem to like his political opinions and conduct, though they will allow him merit and understanding in other respects. If he
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must be in Office they would rather for him one of the Judges or a Commissioner of the Customs than Financier. This perhaps may be accounted for from your state politics, as he is said to be one of the party with your members now in Congress. The third is certainly a man of considerable talents for his years and experience; but it is thought that his present qualifications are better adapted to the law department than that of the treasury. He has obtained a high degree of popularity in this city, and if he has skill to manage it properly, his consequence must increase. But when the pulse of party beats so high as it has lately done, the tide of popularity is liable to great changes. At present the people of this city think no office too high for him, and hence he is the most talked of among us for the head of the treasury. The appointment of the judges is also a matter of great expectations. We are told your state expect to furnish a chief [ James Wilson]. What your reasons is for this expectation I shall not now enquire; but this I can tell you, that some of you think more highly of the man you propose than the people of other states do. Perhaps you will make a like remark respecting our popular character; but remember he is yet but in the morning of life, and has not been long enough above the horizen to have extended his rays so far as one that has reached if not passed his zenith. [Philadelphia] Independent Gazetteer, 9 June; reprinted at Boston and Worcester, Massachusetts; Lansingburgh, Poughkeepsie, and New York, New York; Richmond, Virginia; and Edenton, North Carolina.
Other Documents
Tench Coxe to Jeremiah Wadsworth. ALS, Wadsworth Papers, CtHi. Written from Philadelphia; carried by Mr. Henderson. Indicates they had a business relationship relating to the woolen industry. Samuel A. Otis to Robert Morris. AN, Miscellaneous Manuscripts (U.S.), NHi. Enclosing list of Senate amendments to the Impost Act in the hand of Benjamin Bankson. Tristram Dalton and Caleb Strong to Alexander Hodgdon. Copy, Miscellaneous Legislative Papers (Senate), M-Ar. Regarding Massachusetts business before the board of treasury. GUS, 3–6 June. Robert and Mary Morris attended Clandestine Marriage at the John Street Theater.
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Saturday, 6 June 1789 Warm (Sewall)
John Adams to Abigail Adams I must now most Seriously request you to come on to me as soon as conveniently you can. never did I want your assistance more than at present, as my Physician and my Nurse. my disorder [ palsy?] of Eight Years standing has encreased to Such a degree as to be very troublesome and not a little alarming. I have agreed to take Col. [William S.] Smith and his Family and [ f ]urniture into the House with us and they will be removed into it by next Wednesday. *** As to Louisa [Smith], our Family will be very great, and vastly expensive and House very full. if you think however you can find room and Beds &c. I will not say any Thing against your bringing her. You must leave the Furniture to be packed by others and sent after you— We must have it all removed and Sent here, as well as all the Liquers in the Cellar, and many of the Books, for here We must live, and I am determined not to be running backward and forward, till the 4 years are out, unless my Health should oblige me to resign my office of which at present there is some danger. It has been a great dammage that you did not come on with me. ALS, Adams Family Manuscript Trust, MHi. Addressed to Braintree, Massachusetts.
Lott Hall to George Thatcher May it Please your Highness. I dare not address you in that familiar stile, that past currant between us, in the days of our youth. Since you are become one of those dreadful great folks, I dont know but you will think yourself scandelized by even reading a letter wrote by a Vermont Pettifogger. Should this be the case, you have nothing to do, but put this letter in your pocket, & the next time you visit the house of office, dispose of it, in such a manner, that in case of sudden death, it may it ever [never] be found, among your imperial manuscripts, or governmental records to reproach your greatness. I see by the publication of your parliamentary debates, that Mr. Ames is a great Stickler for a free lick of Molasses, if he had lived all his days on pork & molasses, I should not have thought, he would have engaged in the dispute with more spirit than he ap-
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pears to have done. After telling how much our Country folks use it, in puddings Beer &c. he undertakes to inform how useful it is, in the Cod fishing business, here I think you ought to lend him a hand, for if you once git to laying duties on the fisheries there is no knowing where you will stop, & by & by you will lay a tax on the old Clam bank, & then all our Lyn [Massachusetts] relations will be obliged to repair to Vermont or some where else. *** Doctr. Green who lives about thirty miles above me, informed that he saw you & conversed with you with respecting myself that you promised to write me, by him, & performed it, about as well as great men in office generally do their promises—from that I have taken incouragement to write you. *** But now Lieut. if Poor Corporal Trim dared to inquir one word about the great fortification that Congress are building, how dreadful Glad he would be to hear & know all about it—Poor Trim dont understand the terms therefore uncle Toby1 wont trouble himself to tell him much about it. As the Divines explaining our holy religion, tell us great is the mistery of Godlyness & we mean to keep it so. so much for that. Letter writing is like praying, it is easy anough to begin one, & keep it a long, but how to taper it off hansomely I never could larn, but I belive I shall do will anough in this, for I have got to tell you that I sh[all] send this letter by the Honorable Steph[en] R. Bradly Esqr. one of the Judges of our Supr. Court. so that if your Honor & wisdom & power Glory will condescend to write me a single line, or more if you please, you may have a Judge to Send it by, & what more can I do, to git a letter from you than send a Superior Judge to bare it from your [torn] to mine, with all due respect, & more, I con[clu]de—And Subscribe my name at proper distance. ALS, Thatcher Papers, MSaE. Written from Westminster, Vermont. Carried by Judge Stephen Rowe Bradley. 1 Corporal Trim was the devoted servant to Uncle Toby, the main character’s militaryminded uncle in Laurence Sterne’s Tristram Shandy.
George Leonard to David Leonard Barnes Last Evening we had a play which was Hond. by the President and Lady, and a Great Number of very Genteal People the appearance was very Brilliant indeed.1 Matters go on very slow in Congress our sea Cost is so Extensive that makes it very difficult to make an Act for the Collecting the duties [HR-6] I Expect a Judicial system will on monday next be Reported which I Expect
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will have a long & tedious Passage in passing both houses I see No prospect at present of any adjourment of Congress. ALS, Bowen Family Papers, RHi. Addressed to Taunton, Massachusetts. 1 The performance was the John Street Theater’s production of David Garrick’s Clandestine Marriage. The audience also included Robert and Mary Morris (GUS, 6 June).
William Smith (S.C.) to Edward Rutledge I had this morning the satisfaction of receiving your very friendly Letter, for which & its contents I return you many thanks. I have also had the pleasure of seeing your Son [Henry] who is greatly improv’d in his looks since I last saw him. As this (Saturday) is our holiday, I took him a walk about the town, shewed him the Federal hall & other curiosities & brought him home to dine with us & he is now in the parlour tete a tete with Mrs. [Charlotte] Smith. *** I am glad to find you approve of our proceedings, so far as relates to the duties on tonnage—had we not cried out lustily, the New-England Delegates were disposed to make them much higher—I agree with [torn] encouragemt. shod. be given to American shipping, but were we to allow [torn] states to indulge their inclinations, they wod. lay a tonnage equal to [pro]hibition on British Shipping, & then we shod. be greatly embarassed how to export our crops—as it is, it is better than we had reason to expect, which I attribute to a spirit of conciliation which pervades the union. The members from the Eastward have displayed much moderation—in general the House is composed of men of accomodating tempers & genteel manners: the good humour which exists amongst us is pleasing & will be attended with beneficial effects—I sincerely hope it will be lasting. You approve of a discrimination between the Shipping of Powers in All[ianc]e & those who are not—Madison is a strong advocate for this measure—Laurence is opposed to it, & as are Hamilton & [William] Duer & several other men of abilities in this city—Mr. Izard also dislikes it—I voted for it, but, on the whole, I think much is to be said on both sides. The Senate have struck out of the Impost Bill the discrimination between British & French Liquors & I think will strike at the discrimtn. on Tonnage, when they take up that Business. We have been employed this last week in the Collection Bill [HR-6] & have made little progress. much difficulty occurs in fixing on the proper ports of entry & delivery—whether a Vessel, having enterred her cargo & secured the Duties at a specified port shall aft[erwar]ds. be allowed to land her cargo any where within the state, or whether there shall be assigned particular ports of delivery, at which alone
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She shall unlade—and whether the States shall or shall not be divided into particular districts, in each of which shall be fixed a particular port of Entry for each district—are questions which have occasioned much debate—the subject being new to many of the Members, many crude ideas have been offered & little information afforded—it is at length determined, that there shall be certain enumerated ports of Entry & delivery & certain ports of delivery only—fortunately these difficulties do not interfere with the police of our State, where our three Ports have been constituted without debate, on my nomination, ports of entry & delivery—they apply to Massachusetts, Maryland, & Georgia. An attempt was made to lay a Duty on the importation of Sl[aves. I] opposed it immediately—insisted on the partiality of it & the dangerous [torn] it wod. have in S. Car. & Georgia—the motion was withdrawn, with an intention to bring in a seperate bill, as it was deemed improper to insert human beings in a bill to collect duties on goods, wares, & merchandize— some time having elapsed since the Committee were appointed to bring in the Bill, I am in hopes the friends of it are not disposed to fight a hard battle, for I assured them that I shod. consider myself bound to oppose it on every ground—at every stage of it, wch. I shall certainly do. You did me justice in not feeling the necessity of recommending Henry to my attentions—independently of his merits & the recommendation which he carries along with him, all who are in any respect connected with you will have a claim & a powerful one to my friendship & regard—a son therefore & one whom I knew is the pride of your heart (& deservedly so,) cannot but experience from me every thing which esteem, friendship & gratitude can suggest. ALS, Smith Papers, ScHi. The omitted part of this letter concerns Smith’s disputed election and is printed in DHFFC 8:553–54.
William Tudor to John Adams That I was right in my Position “that a considerable Time must elapse before the united States can arise to Greatness” I find confirmed by your last Letter. That our Situation, Resources and Population may & ought to rank Us high on the Scale of Nations is indisputably true. But the heterogeneous Materials which compose our extensive federal Republic; the Jealousies, the Ignorances, & the paltry Views of paltry Politicians, will long impede our national Pr[o]gress. Why do we hear of a Faction at New York attempting to lessen the Influence of the Vice President but for the Weight he gives to the Eastern States? And why is he to have a scanty Provision for his Services,
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but because he contends for Dignity & Energy in the Government & its Officers? I have sometimes thought there was something in the Constitution of our Countrymen naturally opposed to Men of great Talents. Owing I suppose to their conceiving, & justly enough, that when they chuse Persons of Common Abilities to Offices they make them what they are, but Men of Genius make themselves. And what is still worse, the few great Men which God has given to a Nation, will rouse them from their Indolence & point the Way to Greatness & to Happiness. Americans have no Objection to public Prosperity, provided it is confined to a narrow Scale. And these Principles will continue to be acted upon, untill every State Constitution is annihilated, and Governors &c. become what They only ought to be, Corporation Officers. We therefore hope that Congress will pass as many general Acts as possible that the national Legislative, Judicial & executive Powers may be speedily & universally felt in every part of the united States. Among other Acts, a Bankrupt Law is much wanted, & would conduce to make many Individuals feel the Force, & participate in the Advantages of the national Government more than any Thing. The numerous Debts contracted before the War, & at the Peace, with the real or artificial Scarci[ty] of Cash which is so distressingly felt throughout the Whole Confederacy, calls for such a Relief. Besides the Inconveniences resulting from some States having Bankrupt Acts, some, Statutes of Insolvency, & others being without any provisional Relief. The Revenue Laws controul & command the States at Large. Bankrupt Statutes would regulate & govern the dearest, because the pecuniary Interests of every Subject of every State. In Consequence of one Paragraph in your last obliging Favour of 27 May, I inclose a Letter to the President, which if you approve of, I wish may be sealed & sent to him, either through the Medium of the Post Office, or as You please. I have my own Doubts on the Subject of such an Application. And therefore beg leave to trust to your Judgement for it’s Propriety. The awkwardness of the Direction is humbly copied from the Stile of the House of Representatives of the United States. ALS, Adams Family Manuscript Trust, MHi. Written from Boston.
Letter from Boston The period is at hand, when the appointment of officers for the executive branch of government will commence. We all have perfect confidence in the judgment and impartiality of our illustrious President. If in any one instance it is supposed better men might be appointed, it should not occasion complaint; because we are led to believe, that the candidates for office must
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produce unequivocal credentials of their merit. No difficulty is apprehended from appointment of characters who are not meritorious; but our only fear is, that some modest men, who are eminently deserving, will not offer themselves as candidates, because they are unwilling to be seen in procuring testimonials in their own favor. Under such circumstances, is it not rather criminal for men, who have reason to believe their services will be useful, and who should not doubt the success of an application, to hold themselves aloof, and by that means keep back their abilities from promoting the public good? NYP, 18 June.
Other Documents
Daniel Carroll to [Tobias Lear?]. ALS, Washington Papers, DLC. Corrects misinformation in his 21 May letter to Washington regarding Maryland revenue officers. John Fenno to Joseph Ward. ALS, Ward Papers, ICHi. Absurdity of publishing bills before Congress completes them; this has taken place without any authority; Congress has not chosen a printer yet. John Langdon to Nathaniel Rogers. No copy known; acknowledged in Rogers to Langdon, 24 August. William Moseley to Oliver Ellsworth. ALS, Ellsworth Homestead, Windsor, Connecticut. Written from Hartford, Connecticut. This is a continuation of a letter begun on 4 June. Reporting on the collection of debts due Ellsworth, the construction of his new house, and the good health of his family. George Searle to George Thatcher. ALS, Autograph Collection, MSaE. Written from Newburyport, Massachusetts. Office seeking: Jonathan Titcomb, naval officer at Newburyport, for a revenue office there; Gerry and Goodhue support him. John Smith to Josiah Harmar. ALS, Harmar Papers, MiU-C. Written from Jamaica, New York. Addressed to Muskingum, Ohio. New York has failed to meet its troop quota for the frontier; Knox thinks nothing will be done until Congress takes up the matter and seems disposed to wait until it finishes the impost before bringing up the matter; the first step will probably be to confirm the resolve of Congress of October 1787 establishing federal troops.
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From New York. [Boston] Massachusetts Centinel, 10 June; reprinted at Portland, Maine; Portsmouth, New Hampshire; and Windsor, Vermont. The Collection Bill [HR-6] “will be a subject of lengthy discussion”; it is expected the duty on molasses will stand at three cents with a drawback; without a drawback it will be lowered to two cents “without much difficulty I believe.”
Sunday, 7 June 1789 Warm. Rain (Johnson)
Benjamin Goodhue to Michael Hodge We have been since my last engaged in the Bill for collecting the Revenue [HR-6] in naming ports of entry and delivery, and also ports of delivery only—this principle is adopted by the Committee of the whole House, that all goods shall be entered, at the port of entry, and not suffered to be deliver’d at any other place then is particularly mentioned in the Act as a port of delivery, and it seems the intention that the sea coast Bays harbours creeks and places of delivery should be so particularly districted to the several Offices of entry as to their respective jurisdiction, as will pervade the whole shores of the Union—what provision will be made for carrying into effect the collection upon the foregoing principles is totaly unknown. [P. S.] I think there is a probibility by what I hear1 that the Senate will before they send the bill for establishing the duties down to the House reduce Mollases to 2 cents and strike off the draw back on Rum—what the House will do in such a case I cannot even conjecture. ALS, Ebenezer Stone Papers, MSaE. 1 In an otherwise virtually identical letter to his brother Stephen written this day, Goodhue substituted here, “I am apprehensive by what I hear” (ALS, Goodhue Family Papers, MSaE).
Benjamin Goodhue to Insurance Offices The bill for collecting the Revenue [HR-6] is still before the House, The ports of entry and delivery have been principaly named and they are now upon the ports of delivery only—it seems the determination of the House at present that there shall be ports of entry and delivery at such convenient distances from one another as will accommodate the entry of the Vessels and so many other ports of delivery as will accommodate the unlading them— and that the shores harbours creeks &c. of the United States be put into dis-
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tricts so that each port of entry and delivery shall have jurisdiction over its particular district, and that no goods shall be unloaded at any other place then is mentioned for that purpose in the Act—what provision will be made to carry the collection into execution conformably to the above mentioned principles must be left for future discussion—The regulation of the coasting trade is intended to be provided for in another Act. ALS, Goodhue Papers, NNS.
Jeremiah Hill to George Thatcher Yours of the 31st ulto. came to hand Yesterday. I cant say but the proposed plan of collecting the revenue will be agreeable to the States in general: but foreign Entries are so few & small in these eastern ports, that is, in the County of York, that to have a Naval Officer & Collector in each port where foreign Vessels usually arrive, viz., Saco, Arundel, Kennebunk, Wells, York, Kittery, & Berwick that the Amount of the Revenue will be hardly sufficient to command the Attention of the officers necessary to protect it. one Officer now has the Collecting of the whole in this County. his Premium is 5 pr. Cent on all the Collections. the most that this officer ever made is 51 £ per annum which surely is not a matter to command very great attention, & the federal Impost upon the present plan is not equal to this States present Impost & Excise consequently if divided among Seven or rather fourteen it will not command any attention at all. query, will it not comport with the Idea of the present Bill to call York Wells Kittery & Berwick one port by the name of the port of York Kennebunk Arundel Saco & Scarborough (as Scarborough is nearer Saco than it is to portland) one port by the name of the port of Saco and have Tide waiters at each particular place where vessels usually arrive at, to attend the vessel till a proper Entry is made & the revenue properly secured ? &c. I am prejudiced in favor of this port’s being called the port of Saco in preference to the port of Biddeford or Pepperrellboro. because I wish party or local Prejudices totally abolished, I should think it best particularly to describe the lines between ports, sometime Scarborough comes here to Enter because they say it is nearest and sometimes they go to Portland, ’tother day an Owner came here to enter his Vessel and brought a kind of a manifest of the Cargo but no Guagers Account the Amount of dutied Articles was 2 hhd. Rum I asked him to Swear to his Manifest, he said he could not the Capt. told him that was all I told him if he produced a Guagers account accordingly to Law I was ready to give him a certificate to the naval Office to enter his vessel, he went off & I have not seen him since, but I hear he went to portland & entered I mention this only to shew the ill consequence of importers being allowed to enter at either port It is a general principle in
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revenue matters, that the more Checks you have in your revenue system the more secure the revenue is from fraudulence I like the Ideas contained in the present Bill [HR-6], viz., the original Invoice & manifest at the port of Entry and at the Port of Delivery compared with the Invoice taken by the Tide waiter I wish you to give me the out lines of the Judicial System, I find but little said about it in the news papers I am rather inclined to think the Senate is right in reducing the impost Bill, for If in future it should be found insufficient for the exigences of Government it will be more honorable to add than to subtract. *** ALS, Chamberlain Collection, MB. Written from Biddeford, Maine. Part of the omitted portion of the letter relates to a public office for “our friend [William] Vaughn.”
Lincoln County, Maine, State Representatives to George Thatcher Your Letter dated New York 31st. May 1789. directed to the Senator & Representatives for the county of Lincoln, on the Subject of Ports of entry and delivery, and Ports of Delivery only in the said county of Lincoln, is now before us. having fully considered the contents would beg leave to reply, that we are of Opinion that those Ports which have heretofore been Established for the convenience of Trade and where Naval Officers have been constantly Appointed, are Sufficient to accomodate the Inhabitants for Ports of entry and Delivery, and the other places under the head of Ports of Delivery only, the most convenient, and Sufficient for the Accomodation of the Inhabitants, within the said county to be Established as ports of Delivery only, therefore Agreeable to your request and for your information we have annexed a List of the places for the purposes Aforesaid. Ports of Entry & delivery. Ports of Delivery only Bath on Kennebeck River Hollowell on Kennebeck River Wiscasset on Sheepscut River Bristol on Damasscoti River Boothbay on Damasscoti River Waldoboro’ on Muscongus River Penobscot on Penobscot Eastern River Thomaston on St. Georges River on Penobscot Goldsborough Frankfort & Machias Sowerdabscock great River Passamaquoddy. Sedgwick point Deer Isle Union River. ALS, Chamberlain Collection, MB. Written from Boston. The letter states the four signers were all the persons chosen to represent Lincoln County at the General Court: Gabriel Johonnot from Penobscot; George Tyler from Deer Island, Blue Hill, and Sedgwick; James Cargill from Newcastle; and Samuel Hamden from Woolwich.
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Richard Henry Lee to Charles Lee *** The impost bill is upon the point of passing the Senate, where many of the duties on capital articles have been reduced one third. The regulation bill [Collection Bill HR-6], upon which the collection of these duties depends, is yet before the house of Representatives, and being both long and complicated its progress is slow. The bill proposes Collectors, Controllers, Naval Officers, Surveyors &c. at some principal ports, and part of these only at others—How this matter will finally end it is not easy to say, and therefore a minute description of the bill is now not necessary. I understand that the N[aval]. O[ fficer]. is to have fees, the Collector commissions and the Controller Salary—Which of these will be the most profitable seems not certain yet—Where the importations are great, the Collectors will be the best place, but where they are small & the Controllers salary good, this last may be the best—However, you shall have due notice that a proper determination may be come to. Conversing on the subject of these appointments lately with the P[resident]. I mentioned two principles which I had the pleasure to hear him approve of. The first, that State Officers in similar lines who had behaved well deserved preference in the service of the U.S. And 2dly. that having discharged these duties undivided, now that they become divided, the same Officers were entitled to the best—He assigned some strong reasons in support of both these ideas. So that it seems probable your wishes for any one of them will be gratified. And when the time comes for application if you choose to write to the P. I will wait on him with your letter and give it all my assistance. What think you of our friend Colo. [ John] Fitzgerald, if he thinks either of these places, after yours, advantageous to him, it is probable that upon application to the Constitutional Nomination he might succeed—I am sure that I will do him all the service in my power—If you judge it proper to mention this to him you will do it. I see that the Bill requires personal residence at the Port [Alexandria, Va.], & if Yeoc[omic]o. should be a port of entry on Potomac the Residence of the N. Officer there will be necessary. This wd. probably not suit Colo. Fitz— It might perhaps do for Mr. [Richard M.] Scott whom I see by yr. note to yr. brother [R. B. Lee] that you approve—These applications are so exceedingly numerous, and often so respectable, that they must distress the P. & many others concerned—I do not see in the progress of this business that the Senate will have much to do in the affair of appointmts. but if it lays in my way to aid Mr. Scott I shall not forget him. *** ALS, Miscellaneous Manuscripts, NN. Internal evidence indicates that this letter was written to Charles Lee at Alexandria, Virginia. In parts of the omitted text, Lee described extensive purchases in New York for his plantation and his hopes that his daughter “Nancy” (Charles’s wife) will resume her correspondence with him.
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William Smith (S.C.) to Gabriel Manigault . . . Much harmony, politeness and good humor have hitherto prevailed in both houses—our debates are conducted with a moderation and ability extremely unusual in so large a body—consisting of men under the influence of such jarring interests coming from such different countries and climates and accustomed to such different manners. How long this delightful accommodation will continue is uncertain: I sincerely wish I shall never see it interrupted. . . . R. [David Ramsay] has given me battle on the plains of N.Y. after suffering a defeat at Charleston; I have fortunately given him as complete an overthrow here as I did there and I hope he will let me alone.1 American Historical Review 14(1908):776–77. The ellipses are in the source. 1 For the history of Ramsay’s petition to the House contesting Smith’s election, see DHFFC 8:542–54.
Jeremiah Wadsworth to Peter Colt *** I have been hopeing every day to come home but such is the Situation of matters I can not leave them. The Senate have lowerd the Duties generally—they have reduced Melasses to three Cents—their will be an attempt to raise it again in our House—or to get of[ f ] the drawback on exportation. indeed if it were to be reduced to two cents I dont know but the drawback Might be to[o] taken of[ f ]. we have a hard jobb to get rid of the Treasury Board & establish a Treasury department with a one Man at the Head of it— it has been Voted And a Bill is reported for the Organiziation that that Bill is to be taken into consideration this Week but will be opposed by the friends to Treasury Boards. I wish to have an exact account of the cost of Melasses at the different Seasons in the last & present Year. by the return post. if an exact one cant be had let me have such an one as can be had. the Port charges were a good thing for us they took hold of the Senate. *** I do not send Mark yet as I can get no body to comb my Head & I find him so compleatly a rascal I have yet doubts if I ought to let him come into our Neghberhood. *** ALS, Wadsworth Papers, CtHi. Addressed to Hartford, Connecticut.
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John Waite to George Thatcher Your Letter of the 31st. ult. inclosing the proposed Impost Bill [Collection Bill HR-6], came to hand yesterday. As the post arrived late in the Afternoon, the merchants were not assembled till towards the close of the evening. They were unable immediately to judge of the merits of the Bill; and therefore concluded to postpone any observations on the manner in which it might be supposed to effect the Eastern Country, till the arrival of another post—before which a more full and general meeting of the merchants will be had. In the mean time, however, I am requested to inform you, that the merchants agree with you respecting the ports of Entry & Delivery in this County; but they think it expedient to add Brunswick, as a number of Vessels sail from that place to foreign parts. The proposed ports of Entry & Delivery in this County will then stand thus thus: Portland— a port of entry & delivery. Scarborough Falmouth ports of delivery only. North yarmouth & Brunswick The merchants are unacquainted with persons suitable for Revenue Officers in other ports; But it was the decided opinion of all present that Mr. Nathaniel Fadre [?] Fosdick should be recommended as the most suitable person for Naval Officer, and Mr. James Lunt the fittest person for Collector of this port. Those Gentlemen have acted in the capacities of Naval Officer and Collector under this Commonwealth, to the general satisfaction of the government and people. ALS, Thatcher Papers, MSaE. Written from Portland, Maine.
Otho H. Williams to Philip Thomas *** The American Court, Thomas, is as gay as any Court in Christendom, and for all I know as Virtuous—The Good old Fabius1 sits at the helm anxious to see the Ship of Salvation fairly under Way—and when that shall be I opine that he will hail the Crew and bid them change the Watch—He is anxious for repose and Speaks, to his private friends, of his home and a quiet life in terms that would extort esteem even from a Tyrant As to the rest I was surprised to find so few divested of state Politics—so very few who considered
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the general interest or who had a comprehensive Ideas of Continental Systems The two Houses are however well composed and in time, I trust will discover that they are Wise. The bill for levying Impost is yet with the senate. The Bill for collecting Impost [HR-6] is in consideration in Ho. Delegates. Bills respecting Tonnage—Shipping—and Navigation generally, I am told, are in contemplation in Committees; But no Laws have yet passed, except that which relates to the Oath to Government. The only Departments agreed on are—Secretary of Finance Secretary of Foreign affairs Secretary at War Secy. of home Dept. in Contempl[ation]. No public Officers except those necessary to the Senate and House of Delegates are yet appointed—and No Man knows—The President himself cannot know, all who may be appointed—There are Offices yet to be created, in the Revenue line especially—and the President has (I know) made no communications. Mrs. [Martha] Washington arrived in New York the Wednesday before last Wednesday—and on Thursday Morning I went to take my Leave, Breakfast was on the table—I was seated; and, the family being retired, conversed two hours with the greatest Man on Earth upon subjects the most interesting to a Patriots and to Man—Colo. [David] Humphreys came in to say a Gentleman was waiting in the Drawing Room—the Gentleman waited— and the conversation continued. You must be assured Thomas that I was sensible of this honor—and besides the honor I assure you that it afforded me a pleasure superior to the mere gratification of Vanity. These communications escape me to no Man who is not my confidential friend—all this letter is a secret so far as it respects myself & the conduct of Others towards me. *** ALS, Williams Papers, MdHi. Written from Baltimore; addressed to Frederick, Maryland. Part of the omitted portion concerns a state investigation into Williams’s conduct as collector of the port of Baltimore. He claimed it attracted support from those made jealous by a rumor, which arrived in Maryland while he was in New York, that he would be appointed comptroller general of the United States. 1 Washington’s tactics during the Revolutionary War were frequently compared to those of Quintus Fabius Maximus (d. 203 b.c.), a celebrated Roman military leader.
7–8 JUNE 1789
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Other Documents
John Adams to Abigail Adams. ALS, Adams Family Manuscript Trust, MHi. Urges her to come to New York City; “my health is so disordered that I cannot consent to your delaying any longer”; intends to be settled in “Richmond Hill” by next Thursday. Christopher Gore to Rufus King. ALS, King Papers, NHi. Written from Boston. Motion made in Massachusetts House of Representatives to consider “expediency of an application to Congress on the subject of amendments” failed when the second was withdrawn. Samuel Henshaw to Theodore Sedgwick. ALS, Sedgwick Papers, MHi. Written from Boston. Office seeking: revenue officer at Boston; wrote Strong and Gerry on the subject of his letter of 2 June. Joseph Howell to Josiah Harmar. ALS, Harmar Papers, MiU-C. Predicts it will be “some weeks if not months” before Congress funds troops; expects something after a finance department is established, “probably by extending some of the Foreign Loans, for it is greatly to be feared we cannot borrow at Home.” Maria Read to George Read. ALS, Rodney Collection of Read Papers, DeHi. Written from New Castle, Delaware. Family news. William Samuel Johnson, Diary. Johnson Papers, CtHi. Dined at the Vice President’s.
Monday, 8 June 1789 Hot (Johnson); Warm (Sewall)
Richard Bassett to Benjamin Chew, Sr. *** My friend I am very tired of my present Situation, the most I see, or hear is in my simple opinion folly in the extreem—The impost Bill has been some Days before the Senate, & I flatter myself it will go out, some better than it came in, especially as we have done away the ugly features of dis-
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crimination, which principle I trust we shall adhear to—The Establishment of the Judiciary has engrossed the Attention of a few of us for Some time— It is an Intrigate & Laborious Work, and I think I may Venture to Say our happiness as a people very much depends on this System—there is great Contrariety of opinion among us—however if you please, as soon as the Work is so perfected, that I can propose anything to you certain, I mean to communicate it, and shall thank you for your friendly Advice & opinion— For let others do as they May, I am determined to persevere in that which I think Right—and do the best for my the Peace & happiness of my Country I can. ALS, Chew Papers, PHi. The letter is dated “June 1789”; the postmark date is difficult to decipher, but could be an “8.” Internal evidence indicates a date between 4 and 12 June.
George Clymer to Richard Peters *** It seems the weather this spring in Penna. has had all the cursed qualities of a New York climate, whose tenderest mercies have been cruelties.1 the finest air we have had here till very lately carrying an edge with it intolerable to the feelings—My grass too and yours must be fellow sufferers and our children be left uneducated—I mean only my three youngest for thanks to fortune the rest got a smattering at College when the harvests were better. I plead guilty in owning the narrowness of my correspondence, being always somewhat of the ghosts humour not to speak till spoken to2 and accordingly I have dealt only in answers ever since I have been here. And indeed there are only two things about which one may write, those past and those to come—the former may be seen in news papers the latter are all too conjectural and uncertain; and to say any thing about them is to follow a Will with the whisp.3 I would to God my situation here had been that of a good Doze, but it has been too much interrupted by unpleasing reflections to have been very comfortable—disgust and disappointment have found their way to my breast, and you hint that from our proceedings they may become general—We have pedlers in politicks north and south and melasses is the rock on which all the New England patriotism is to split—you will be more surprised yet when you hear that the Senate have frettered away still more the duties which were at first set too low. If you have committed treason in speaking freely, mind, I am your partaker in it, in speaking so freely, with encreased guilt, as you owe only a common allegiance while I might be accounted a betrayer an Apostate &c.
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Madison is this morning to make an essay towards amendments—but whether he means merely a tub to the whale,4 as declarations about the press liberty of conscience &c. or will suffer himself to be so far frightened with the antifederalism of his own state as to attempt to lop off essentials I do not know—I hope however we shall be strong enough to postpone. My banishment is a severe medicine, and, tho you call it honourable I dont feel as if it was so. If I had not declared against conjectures I would just hint a variety of opinions about the length of the session—some limit it only by the term of their appointment, only others to two or three months, but a question will be taken I hope before the adjournment concerning a permanent residence—as to any other temporary abode than this I can’t go even the length of a conjecture. [P. S.] Afternoon—Madison’s has proved a tub or a number of tubs but Gerry is not content with them alone, and proposes to treat us with all the amendments of all the antifederalists in America. ALS, Peters Papers, PHi. The letter is dated “June 89 (Monday)”; the content makes clear that it was written on this date. Proverbs 12:10. A reference to the popular belief that benign ghosts appear only when summoned through some medium. 3 A delusive aim. 4 “Seamen have a custom, when they meet a whale, to fling him out an empty tub by way of amusement, to divert him from laying violent hands upon the ship” (Jonathan Swift, Tale of a Tub, 1704). The phrase, “a tub to the whale,” became a metaphor for a diversionary tactic. Centinel (Samuel Bryan) first applied the phrase to the promise of Constitutional amendments in the [Philadelphia] Independent Gazetteer on 7 October 1788. 1 2
James Madison, Notes for a Speech Reasons urging amendts. 1. to prove fed[eralis]ts. friends to liberty 2. remove remaining inquietudes 3. bring in N[orth]. C[arolina]. & R[hode]. Island. 4. to improve the Constitution ——— Reasons for moderating the plan 1. No stop if door opend to theoretic amendts. 2. as likely to make worse as better till tried. 3. insure passage by 2⁄3 of Cong[res]s., & 3⁄4 of St[ate]s. ———
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Objectns. of 3 kinds vs. the Const[itutio]n. 1. vs. the theory of its structure 2. vs. substance of its powers—elections & direct taxes 3. vs. omission of guards in favr. of rights & libertys ——— The last most urged & easiest obviated. Read the amendments— ——— They relate 1st. to private rights— ——— Bill of Rights—useful—not essential— ——— fallacy on both sides espec[iall]y. as to English Decl[aratio]n. of R[igh]ts.— 1. mere act of parl[iamen]t. 2. no freedom of press—Conscience—G[enera]l. Warrants—Hab[ea]s. corpus jury in Civil Causes—criml. attainders—arms to Protest[an]ts. ——— frequent parl[iamen]ts. cheif trust— ——— freedom of press & of Conscience unknown to Magna Cha. [Carta] & Pet[ition]. R[igh]ts. ————— Contents of Bills of R[ig]hts.— 1. assertion of primitive equality &c. 2. do. of rights exerted in formg. Govts. 3. natural rights, retained—as Speech, Con[science]. 4. positive rights resultg. as trial by jury 5. Doctrinl. artic[le]s. as Depts. distinct—Electns. free 6. moral precepts for the administrn. & nat[iona]l. character—as justice— Œconomy—&c.— ————— Object of Bill of Rhts. To limit & qualify powr. by exceptg. from grant cases in wch. it shall not be exercised or exd. in a particular manner. to guard 1. vs. Executive & in Eng[lan]d. &c.— vs. Judical for Civil [lined out] &c. 2. Legislative as in Sts.— 3. the majority of people ——— ought to point vs. greatest danger which in Rep[ublic]. is Prerogative of majority—
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Here proper, tho’ less necessary, than in small Repubs.— ————— Objectns. vs. Bill of Rhts. 1. in Elective Govt. all power in people hence unnec[e]ssary. & improper— this vs. Sts.— 2. In Fedl. Govt. all not given retained—Bill of powers—needs no bill of Rhts. Sweeping Clause—Genl. Warrants &c. 3. St[ate]. Bills not repeald.—[lined out] ——— too uncertain Some Sts. have not bills. others defect[ive].—others—injurious as protestts. 4. disparage other rights—or constructively enlarge— ——— the first goes vs. St. Bills ——— both guarded vs. by amendts. 5. not effectl.—vs. Sts. also—but some check ——— Courts will aid—also Ex. also. ——— Sts. Legisls. watch ——— Time sanctify—incorporate public Sentiment ————— Bill of Rts. ergo. proper— —————————— II increase of Reps. 2 for each St. ——— III pay of Congs. ——— IV Interdict to States as to Conscience—press—& Jury— this more necsy. to Sts.—the Congs. ——— V Check on appeals—& Common law— ——— VI. part[itio]n. as to 3 Depts. & do. as to Genl. & St. Govts. ——— Ms, hand of Madison, Madison Papers, DLC.
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William Smith (Md.) to Otho H. Williams The inclosed papers will give you all the News. Our House have [lined out] had under consideration for three or four days past, the bill for regulating the collection of duties &ca. [HR-6], but have made very little progress therein. I conclude from what has passed, that the United States will finally be divided into districts; in each of which there will be one port of entry & delivery, and others of del[iver]y. only. we have not yet passed the third Clause, a great deal of confusion & inconsistency having taken place, and if I were to hazard an opinion of what is to come, by What has already passed, I would Say, that bill will not be passed into a law for two months to come. Tell Robert I will send him a Hobby horse by Capt. White, if I can get a Clever Nag for his own riding, which he must lend sometimes to William. P. S. I intend to add Elk River & Charleston to Baltimore district. ALS, Williams Papers, MdHi. Addressed to Baltimore.
Other Documents
William Constable to James Seagrove. FC:lbk, Constable-Pierpont Collection, NN. Brown gives it as his opinion that Constable’s lands in Kentucky are well situated and free of any claims. Benjamin Contee to Levi Hollingsworth. No copy known; acknowledged in Hollingsworth to Contee, 10 June. Oliver Ellsworth to Noah Webster. ALS, Miscellaneous Manuscripts, NNPM. Addressed to Hartford, Connecticut. “The business of congress progresses slowly but not unfavourably. I hope, in a month or two more, to see the judiciary & revenue departments organized; when the Government will begin to ‘live & move & have its being’” (Acts 17:28). NYDA, 9 June. Butler and Stone arrived in New York. Letter from New York. [Philadelphia] Pennsylvania Packet, 15 June; reprinted at Philadelphia, Carlisle, and York, Pennsylvania; Annapolis, Maryland; Winchester and Richmond, Virginia; Charleston, South Carolina; and Savannah, Georgia. “The Impost Bill still hangs in the Senate, where many of the proposed duties are much reduced—And the impolitic system of discrimination between states in alliance, or otherwise, done away.”
8–9 JUNE 1789
727
Tuesday, 9 June 1789 Hot (Johnson)
John Adams to Benjamin Rush No! You and I will not cease to discuss political questions: but We will agree to disagree whenever We please, or rather whenever either of Us thinks he has reason for it. I really know not what you mean by apeing the Corruptions of the British Court. I wish Congress had been called to meet at Philadelphia: but as it is now here, I can conceive of no way to get it transported thither, without tearing and rending. I own to you, that I shall wish to remain here rather than go to any other place than Philadelphia. Congress cannot be accommodated in any other than a great City. *** That every Part of the Conduct and feelings of the Americans tends to that Species of Republick called a limited Monarchy I agree. They were born and brought up in it. Their Habits are fixed in it: but their Heads are most miserably bewildered about it. There is not a more ridiculous Spectacle in the Universe, than the Politicks of our Country exhibits—bawling about Republicanism which they understand not; and acting a Farce of Monarchy. We will have as you say “but one great Man” yet even he shall not be a great Man. I also, am as much a Republican as I was in 1775. I do not “consider hereditary Monarchy or Aristocracy as Rebellion against Nature.” on the contrary I esteem them both Institutions of admirable Wisdom and exemplary Virtue, in a certain Stage of Society in a great Nation. The only Institutions that can possibly preserve the Laws and Liberties of the People. and I am clear that America must resort to them as an Asylum against Discord, Seditions and Civil War and that at no very distant Period of time. I shall not live to see it—but you may: I think it therefore impolitick to cherish Prejudices against Institutions which must be kept in View as the Hope of our Posterity. I am by no means for Attempting any Such thing at present. Our Country is not ripe for it, in many respects and it is not yet necessary but our Ship must ultimately land on that shore or be cast away. I do not “abhor Titles, nor the Pageantry of Government”—if I did I should abhor Government itself—for there never was, and never will be, because there never can be, any Government without Titles and Pageantry. There is not a Quaker Family in Pensilvania, governed without Titles and Pageantry. not a School, not a Colledge, not a Clubb can be governed without them. “I love the People,” with you—too well to cheat them, lie to them or de-
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ceive them. I wish those who have flattered them so much had loved them half as well. If I had not loved them I never would have Served them—if I did not love them now, I would not Serve them another hour—for I very well know that Vexation and Chagrine, must be my Portion, every moment I shall continue in public Life. My Country appears to me, I assure you in great danger of fatal Divisions, and especially because I Scarcely know of two Persons, who think, Speak and Act alike, in matters of Government. ALS, Rush Papers, DLC. For the omitted text, which discusses Adams’s election as Vice President, see DHFFE 4:285.
Elias H. Derby to Benjamin Goodhue We do not quite understand whether the Impost is to be paid wholly in Hard Money or whether a part of it is to be paid in Paper—one thing appears to me may operate hard on me & perhaps some others in the State without any advantage to government—it is this, you say ships built & owned by Citizens of the United States shall reap an advantage over others—I think that ships taken last War or that are owned by a Citizen of these states before the new Government existed ought to be look’d upon as though built among us—I suppose it might be easily alter’d now if it stands as I suppose it does. FC:lbk, Derby Shipping Papers, MSaE.
William Frost to George Thatcher The address of your House to the great & benevolent Washington,1 I read with real satisfaction, & think it a proof it is composed of Philosophers, who can soar above the pageant[r]y of titles & empty sounds that tickle the vanity of the childish, and awe the ignorant. I read lately a puerile piece in a public paper, respecting the wool sacks which the Peers of Great britain set their A—s on,2 & guess if you did, it was not relished. Beleive it impossable for mankind to divest themselves of local attachments; for, if men of so enlarged capacities, & (as far as I can judge from your debates,) of liberallity, who would do honour to any nation on the globe, have a predilection for a particular spot; how futile the term! “citizen of the world,” 3 words without meaning. *** P. S. pardon my the mistake in my former letter, by superscribing “the hone.
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G. T. Esq. &c.”—which shall henceforward correct, & in the truly manly & plain stile supers[crib]e. as on this Letter. ALS, Chamberlain Collection, MB. Written from Falmouth, Maine. Part of the omitted text discusses the disadvantages of Maine’s separating from Massachusetts, and reports harvest conditions and crop prices. For the House’s reply to Washington’s inaugural address, see DHFFC 3:45–46. Members of the House of Lords sat on cushions that were symbolically stuffed with the material that was a major source of England’s wealth in the Middle Ages. 3 An allusion to the unbiased character in the book of that name written by Oliver Goldsmith (ca. 1730–74) in 1762. 1 2
Ralph Izard to Gabriel Manigault *** My Collegue [Butler] is at last arrived & took his Seat yesterday in the Senate. We have been, & continue very busy: but no Act has yet been passed, except one for taking the Oath prescribed by the Constitution; a Copy of which has been ordered to be transmitted to the Executive of each State. Harmony has hitherto prevailed, & I sincerely hope it will continue. The impost Bill, has been twice read in the Senate, and will soon be returned to the House of Representatives with many alterations. I think the burthen will, lie heavyest on the Southern States; the middle, and Eastern Members affect to be of a different opinion. We have had a great deal of trouble with it; but it can not be expected that it will please everybody. ALS, Izard Papers, ScU. Addressed to Charleston, South Carolina. Part of the omitted text expresses Izard’s expectations of his most lucrative rice crop since the war.
Comte de Moustier to Comte de Montmorin After having put together in a dispatch interesting details on General Washington since his promotion to the high office of President of the United States, I shall finish describing the picture of the situation of this Republic, from the time of the formation of the new Government to the present, by gathering some details on Congress and the individual States, within the union and outside it. From the time of this last picture on I do not anticipate that my correspondence will be very active since, for one thing, the locale I am in will furnish hardly any interesting topics and, for another, the designs to be formulated about this Federal Republic must be left to ripen until such time as the Americans will not be so blinded by the illusion of their great importance and they will better know how to judge their true relations with the European Powers. My role will be limited in some fashion
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to completing the political map of this country that I sketched out and whose details are found in the various memos and dispatches that I have already had the honor of addressing to You or which are currently piled up on my desk for want of a means to send to You. You would think that after more than three months of existence this Congress, of which wonders are expected, would already have been able to let the American people taste the fruits of a revolution in government that is supposed to produce remedies for all the ills the people complained of and give rise to all the benefits whose privation was attributed solely to the lack of a well organized and energetic Government. Since I have been on this Continent I have had constant proofs of the well-known truth that there is a great distance between theory and practice. The American areopagus,1 made up of the elite of this new Nation, has thus far only decided on matters which are of no interest to the public. Regulations have been made on the internal ordering of the two Houses, about some formalities, about etiquette, about the admissibility of petitions. The House of Representatives has named a Clerk; the Senate has given the title of Secretary to an identical Officer. Democratic spirit still prevails in the House; the Senate is guided by Aristocratic principles, and even tends toward monarchism. The way debate proceeds in the two Houses reinforces these inclinations. Those in the House are open to the public who can hear the debates in the galleries. The Senate holds its “seances” behind closed doors. This arrangement is appropriate since the Senate can deliberate on issues that are secret in nature, but in a sense it is due only to chance, because it derives from the stylistic whim of the Architect [Peter Charles L’Enfant]. The latter, a former engineer in the continental army, was trained in architecture by his father, the Mr. l’Enfant2 who was one of the King’s painters attached to les Gobelins. After having served with distinction he has been here several years, fruitlessly soliciting the reimbursement of his entire fortune which he advanced to the American cause. Having no employment, he voluntarily undertook the renovation of the [New York] city hall which the City would like to offer to Congress. Under pretext of a few necessary changes, he rebuilt almost all the old building bit by bit, so that it retained only its name and a few components of its old form. In the end, he built a monument that can serve as an allegory for the new Constitution. Both have been entirely changed by their framers, who brought their interested clients a great deal further than they had thought to go and who yet only managed a provisional work. Major l’Enfant was not guided or constrained by anyone. Amendments were proposed to him, he listened to all the advice and followed only his own ideas. He proved not only his talent as an artist but also his perspicacity with regard to the people he is working with. It is thus that amendments to be made to the constitution were admitted and the authors who probably never considered it as
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fixed, further distinguish themselves in adding modifications and changes to it that are conducive to their goal while making the people believe that these were established only to please them. The two Houses have not yet finished any essential projects and an examination of which amendments should be introduced into the Constitution in conformity with the will of the greater part of the confederated people is already being proposed. Deliberations on this were opened by Mr. Madison, the Representative most renowned for his knowledge, his activity, and his integrity. It is said that General Washington grants him great confidence and he is a personal friend and compatriot of Mr. Jefferson. It was he in large part who got Virginia to ratify the Constitution, which still has formidable opponents in that State. These deliberations on the consideration of amendments being opened by Mr. Madison could have been dictated by several specific motives; I would not be surprised if the principal, but the most hidden, of these was to succeed in retouching the constitution to accord greater power to the President. But, if this is the secret aim of the framers, they will only get there through detours and routes that draw away the attention of the public, which must be made to think that everything is being done solely for its benefit. Behold, then, a matter of great consequence, which might have to be attended to, and a sort of labyrinth where one could get entangled while the Government is still not ready for action. The only act of Congress that has undergone all the legal formalities is a bill requiring all public Officials, not only the Congress and its employees but those of the individual States as well, to take an oath to uphold the Federal Constitution. It is by this act that we see the two assembled houses designated under the name of Congress which promulgates laws that receive their sanction from the approval of the President demonstrated by his signature. A major issue that should hold the attention of Congress is the creation of a revenue. All voices are open to this, but it is a matter of guiding the people gently at first, in order to familiarize them with this operation that can then be perfected afterward. It was thus necessary to adopt the most popular means. Being that they have an aversion to the excise and above all for direct taxes, such as the poll tax and land taxes, you would think the Americans had been consistently exempt from them; however, these various taxes are very common among them and people are subject to them in several States. It is only against their establishment by the general Government that public outcry is raised. It seemed wise for this reason to adhere, at first, to the kinds of taxes the people are most used to, the duties on merchandise and navigation that are called here the impost, correctly speaking, and tonnage. Two goals were envisioned in establishing these duties, one to create a revenue and the other to protect the manufactures, commerce, and navigation of the United States.
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The ground Congress is operating on now is, in some sense, totally new to it, it makes laws that it has the power to enact, instead of resolutions, as before, that ended up being generally disregarded. But power is not sufficient without the necessary understanding and experience to regulate it. The pretension, from the outset, to carry out each rule to its perfection has dragged Congress by degrees into a vast sea where it encounters new difficulties every day. The House of Representatives no doubt thought that it had made a very suitable law on the impost since it finished after two months of debates, carried out as much in the House as in Committees. The Senate, to whom the bill was sent, made changes to it which should be sent back to the House, where there will be new debates. In the end, because they wanted perfection, instead of restricting themselves to making a provisional law based on the previously proposed and tested concept of fixing duties on the principal articles of importation and declaring all the others at 5. percent of the value of the merchandise, Congress finds itself still without revenue after more than three months of existence, and it is impossible to foresee how long this situation will persist. The federal treasury is empty, debts are accumulating, and in the end the Americans will realize the absurdity, especially in matters of revenue, of wanting to make perfect laws. The lack of revenue has stunted other important operations, like the establishment of federal courts and administrative Departments. The Senate is attending to this first matter, in which it finds great difficulties. The House has already adopted the motion to form three departments; one for foreign affairs, one for finances, and one for war. The motion that was proposed for a fourth department, for interior or domestic affairs (Home Department) was rejected, but it will probably be revisited. There is no discussion of a navy. First they need some revenue cutters, but eventually matters of war and the navy can be reunited. The current Congress is more a school, where politics is studied tentatively, rather than a formally complete political assembly. Most of the members of the two Houses should be given credit because they recognize their lack of administrative understanding better than those of the former Congress. One of the great vices in Congress’s exercise of power comes from the spirit of localism brought by most of the members, which they must follow in order to retain their popularity in their home districts. It is feared that the President himself will not have the courage to resist the effects though there is no one better disposed to rise above all interests extraneous to public interest. If he were capable of such a weakness, which would manifest itself mainly in nominations to office, he would be laying the ground for great future grief. Whatever choices he makes, he should expect some dissentions, but when the dispenser of—I will not say favors, because flattery instills abuses of this—but of positions and rewards, loses sight of the business of public interest, these malcontents
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easily rally the public, disaffected by the confidence they placed in men who no longer seem the most able to work toward the public welfare. One relies on General Washington at this time which will probably be the epoch of party formation and differentiation. The waters are still calm, but tempests could arise, only in holding the tiller of the Republic with a firm hand can its leader avoid exposing it to the dangers through which it must pass. In reflecting on the character of General Washington, and especially on the remark he made to me that he did not like to do things in obscurity, one would believe that it is his intention not to be merely the instrument of the two other branches of Government. I would think rather that he would want them to serve him, but in such affairs there are many angles to take and this is an area the Americans seem to excel in. The strategy generally used by General Washington in the past, and with which he has always succeeded, is always to appear ready to defer to the will of others. He can only make use of this to a certain extent today, since he is no longer in the same relationship with the Congress as before. He depended on the former one, and is the head of this one, and in fact an integral part of it, like the King of England is of the British Parliament. But, as General Washington has studied his countrymen carefully, while avoiding the revelation of his own mind, he will probably be able to find the most suitable means of achieving his ends. The great patience and great power he possesses over himself will serve him well with men who will easily put these qualities to the test. It costs him nothing to give marks of his affection or consideration when it is certain that he will be repaid a hundred fold what he advances. Nature has favored him particularly well in this regard, with an appearance that lends itself to such expressions. Benevolence and nobility are stamped on his countenance, and so happily combined that the one quality easily controls the overconfidence born of the other. His manner is analogous to the character of his appearance. His moderation has yet to be compromised. He gave remarkable proof of this at the ceremony for the response of the two Houses of Congress to the speech he addressed to them the day of the inauguration and of which he had given a copy, after finishing his reading of it, to the President of the Senate and another to the Speaker of the House, who were seated to the right and left of him, respectively, when he rose to make his speech to the standing members of both Houses. He wanted to remain absolutely neutral in the arrangement of this ceremony, just as he had been for that of his inauguration, and he complied without objection to what each House resolved even though he was free to direct the arrangements himself. The House of Representatives was the first to make its response, but they did not deem it appropriate to go and deliver it, and proposed to the President of the United States (whom they want Foreigners to regard as the equal of a King) to come and receive it in a hall adjoining the House chamber. This was a sort of
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special audience that the House granted to the Head of the Republic. The House had decided that he would have no other honorific title than that given in the constitution, which is to say none at all. The motive of the majority was to not raise the President up too high. Those who wanted to look at the bright side of this decision said that the title of President of the United States was grand enough by itself as not to have need of being enhanced by titles borrowed from Europe, which could not serve as examples to a Republic constituted like that of the United States. Others say that soon the more lofty title will be the name of Washington which will become the title of the Presidents of the United States as the name of Caesar became that of the Emperors. Behold the incense smoke that the Americans lavish on themselves. The Senate wanted more distinguished marks. It was of the opinion to call the President of the United States “His Highness the President of the United States, Protector of the Liberties of the People.” It proposed this to the House of Representatives, which rejected it, and in order to avoid a schism from the outset, the Senate settled that for now it would give no title to the President; but it accorded him more consideration than the House in going to him to deliver its response to his speech. The Senators, headed by the President of the Senate, went by carriage to the residence of the President of the United States. The President of the Senate is Mr. Adams in his capacity as Vice President of the United States. He is a declared partisan of a Monarchy limited by a legislative body and a judiciary but he wants the executive power to be energetic and adorned with great pomp. In short, there are different principles in the United States, which, in the long run, should produce different effects and give birth to different parties. Getting back to the subject of titles, the Americans love them and even respect them, it follows from this proclivity that every man in this country is a gentleman and a woman at least a gentlewoman. So much will be made of this that there will be a Highness some Excellencies some Most honorables and honorables. When wealth is conjoined to these titles hereditary nobility, with which several families are already infatuated, will come next. Then the class of the Well born will be known. I am not afraid to enter into these details that form part of the character traits of this people, of whom imaginary portraits have long been made. At the present time, primary attention is necessarily focused on the general Legislature, to use an American term, however in as much as the local Legislatures retain what Sovereignty is reserved to them, they may occasionally be able to attract part of the observers’ attention. The effects of the cession made by the States of the confederation to Congress of several important prerogatives has not yet been felt, but it is easy to foresee that they will not be unimportant. Bodies always follow the impulse of some motor.
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Men endowed with talent and ambition who are not able to succeed in playing a part on the great national stage, or who fear not being able to obtain a satisfactory one, seek to make their own stage interesting in order to give import to their role. Thus, such circumstances could arise which would necessitate the weakening of Congress or the States. This epoch will be that of a third revolution in the United States, which will certainly not be as critical as the first, but will likely also not be as peaceful as the second. In comparing the current situation of the federal Government to what it had been, one must find that the Americans have made great progress, but their politics still does not have a fixed bearing. The union itself under the current plan still is incomplete. The State of North Carolina, which was thought ready to join, cannot be included until the end of the year at the earliest. Rhode Island appears even less hurried. In the meantime, these are independent States in law and fact. Vermont is in fact though not in law. Kentucky can be what it will in this respect. These latter two could be guided by foreign influence. Vermont by that of England, Kentucky by Spain, or if Spain refuses then England. Canada, Nova Scotia, the Bahamas, the Floridas and Louisiana are still other neighboring countries with ties to the United States. There are thus at this time Nine states, separate from the American Confederation in North America of which 3. belong to England, 2. to Spain, and 4. remain totally independent. The Natives can still be regarded as, if not dangerous neighbors, then at least disquieting, being chiefly spurred on and supported by other peoples. The sea establishes communication between Europe and the States bordering the Atlantic as well as between these States and the European possessions of America. So many connections could give rise sooner or later to a troubling of the external tranquility of the United States and make them aware that they are not as invulnerable as they deem themselves. In time they will have, just like the European Powers, a political system complicated between the interests of the Continent to which they belong, and that of other parts of the world, the reaction of which will be felt, to a greater or lesser extent, by every maritime and commercial Power. Meanwhile, they enjoy with security both their new existence and a tranquility that no one yet has an interest in disturbing. The State of Georgia changed its constitution, adopting the model of the Federal Constitution. The Constitution of Pennsylvania is the only one that fixes legislative power in a single Assembly and splits executive power among individuals composing a council, whose advice the “President” is obliged to follow. Attempts have been made to change this Constitution, but the reform party is too weak. This little revolution is probably only being deferred. The easiest thing to do in matters of government is to overthrow and to make up schemes. This new world has provided us with enough examples of this sort, as Mr. Adams told me, the Americans were the first
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people in the world to overturn a Constitution. Those who do not take easily to the innovations are treated as enemies of the public good. Governor [George] Clinton was nearly the victim of his own courage in opposing the new Constitution at the time when it was submitted for the approval of the people and was not yet adopted. Everything was mobilized to prevent his reelection, in which he probably would have failed if the attacks against him had been limited to the crime of antifederalism, but so many absurdities were added that it would have been dishonorable if they had not reelected a man who played such a large part in the Revolution and who had been governor of this State at a time when there was nothing to be won from that job but the loss of his goods and his life. One of the major complaints against Governor Clinton, and which I cite only to show the customs of this land, is his not having given a dinner either for the foreign Ministers or for the Members of Congress. The Americans make a big deal of dinners and they think that men in office have not merit and are deficient in their duties if they do not give frequent and sumptuous feasts. A foreign minister who is not very attentive to this would be most unpopular, though they would not be grateful for this display, which they think him obliged to make, and for which the Americans are convinced that he receives an enormous salary. Governor [ John] Hancock was also reelected in Massachusetts. These two men, along with the Governor of New Jersey, Mr. [William] Livingston, are the only men of real import today who are not either members of Congress or destined for employ in the Federal Administration: Dr. [Benjamin] Franklin more for his infirmities than his old age will probably not take part in public affairs. Mr. Jefferson would be a very influential person in the present situation, and I regret that he is abroad. The States General of Belgium replace Mr. Van Berthal [Pieter Johan van Berckel], who was Minister Plenipotentiary, with his son [Franco Petrus], as Resident Minister. The latter owes his position to the party that turned out his father. He submitted his credentials, addressed to the Congress of the United States, to the President in a special audience to which he was accompanied by Mr. Jay, acting as Secretary of Foreign Affairs, though in fact he lost this office by the New Constitution. The United States have no interest in having a Minister of the States General, after this they can treat whomever they receive as they see fit, without consequences. It does not seem as though the English are in a rush to make friendly gestures toward the American government. Up to this point everything between the two nations is on an even footing. Does England act according to its interests? Does it follow the impulses of resentment? I do not know. Their dispositions toward Canada are those of a jealous neighbor rather than a friend, or even someone who aspires to the latter. Not only has England retained the old border posts, many of which should have been ceded to the
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United States, but there have been new ones constructed, and the garrisons have increased to 8,000 regular troops. Commerce between the two nations is always subject to the same difficulty. The scarcity that has befallen Canada has only made agreements for the import of flour and grain from the United States possible under certain restrictions. If this system had been calmly adopted for the purpose of one day bringing the United States and England to useful accords, it would be quite wise, but severe measures should not be adopted toward a power unless there is no risk run of following through on them and one places no emotion behind them. Moreover, the United States Government has not yet reached maturity and the slowness of its formation and its operations leaves foreign powers the time to consider their conduct at their leisure. The various dispatches that I have had the honor of addressing to You, Sir, in describing the situation of the United States up to now, have had as their main objective to present You with a series of descriptions of a country, which invites hardly anything yet except observation, though one would have thought the moment of action ready to emerge. Henceforth, all I will have left to add is the series of events I have witnessed but I do not foresee them furnishing material for such long reports such as I pray You to excuse me for making up to now to describe the new order of things that I have seen arise. DHFFC translation of a Copy in Correspondance Politique, Etats-unis, 34:172–83, Fr. 1 2
The Council of Athens. Pierre (1704–87) was employed at the Gobelin tapestry works in Paris.
Edmund Pendleton to James Madison I am to thank you for several favrs. & inclosures, the last May the 17th. I am much pleased with your new Gazzette, which I think promises to be as respectable as it’s name sake of London.1 The tardy progress of yr. revenue System, has I imagine produced all the mischief it was capable of, in letting the Spring importations escape it’s operation; however I do not mean to insinu[a]te blame to the House, who I think used more dispatch than might have been expected in discussing a subject so delicate as well as important. On the Subject of discrim[in]ation in the Tonage of Foreign Vessels between those under commercial Treaty with Us, & such as are not, you have made a Convert of me, in reading the debates; My Fondness For universal Freedom in trade carried me too far, & I am now convinced as that is not attainable, it is reasonable & Politic by a discrimination to tempt those who have stood out, to come into such Treaties. I believe you are also perfectly right in
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Supposing the measure popular in Virga. & especially among those called Antis: of those I hear little since yr. commencement in business. I hope the idea of Titles is sent to eternal repose; I know nothing wch. in my Judgment would more strengthen Opposition than the adoption of such a measure, giving countenance to all the suspicions hitherto forged only, of a tendancy in the Government to favr. Aristocratic principles. The Season is unfavorable & the prospect of crops bad. *** ALS, Gilder Lehrman Collection, NHi. For the full text, see PJM 17:535–36. 1 The reference is to Thomas Lloyd’s Congressional Register, the first number of which appeared on 6 May, and Almon’s Parliamentary Register, published in London between 1775 and 1780.
Samuel Phillips, Jr. to Benjamin Goodhue I have a few minutes before the the mail closes to thank you for your favor of the 3d. instant, and am pleased to hear that the Senate have raised raised the duty on Gunpowder, 10 pr. cent. will be found quite low enough to answer the purpose of establishing that manufacture, on account of the great risque attending it, & the high price of labor, which, in such business is vastly more difficult to be obtained than in any other that was ever undertaken among us; I have been asked & given 12/ pr. day to a man who understands the business, and am asked that price now; the risk, I can speak of with feeling, having last week had my buildings exposed to be entirely consumed, by the explosion of a small quantity [of ] uncompleated materials which were in my mill—this is the third event of the kind which has taken place, since I have been concerned in that work—the first of which was dreadful—and the second in no small degree affecting. As to the Salaries proposed, I hope full time will be taken for consideration before they are concluded on, & that our Government will acquire strength before any thing shall take place, that will be generally disgusting, indeed, any thing of this kind will must be deprecated at any time. Mr. Grout has sent forward a Journal of Congress for the use of the Senators of Worcester1—no other has appeared, from any quarter, even from the Secretary. the Worcester members value themselves & their Member on the Circumstance—you will excuse my hinting it. ALS, Letters to Goodhue, NNS. Written from Boston. 1 The House Journal was printed intermittently. Worcester County was entitled to five senators in the Massachusetts legislature.
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William Pickman to Benjamin Goodhue *** Father [ John] Carnes *** shewed me your letter to him, in the street on Our way to Council the old Gentleman is so pleased with being noticed it would be very cruell to neglect him. *** How do you go on at Congress, Your Revenue system lags extremely. I hope it will be perfect when it comes out, well guarded, & not subject to changes. will Congress do any thing to supersede our law respecting prosecution for the slave trade1—it grows serious here as Actions are already entered against some of the concern’d, & I believe Our Court will not attend to A Motion for the Repeal of the Act—We hear you have settled the Rates of your Own pay, pretty handsome for the Senate & house, & too high for the speaker as his waste of Lung Voice & wear & tear of Voice Lung cannot so far exceed the Common Business of the house—You appear to be disposed to lower the Rates of Impost—I hope you will so far succeed as to remove the temptations for smuggling, till the Authority of Congress is established, & the power of Collecting is fully within their reach—Boston appears determin’d to support order let the duties be at any rates ever so high, salem have not fully avowed their principles, & You know we have some smuggling Genius’s, who will be hard to manage, but the Necessity of A free efficient Goverment must actuate the majority to accede to every Resolution for that purpose that Congress may adopt. *** ALS, Letters to Goodhue, NNS. Written from Boston; carried by Mr. DuBey. Part of the omitted text discusses state election returns. 1 “An Act to prevent the Slave-Trade, . . . ” passed by the Massachusetts legislature on 25 March 1788, levied severe fines and annulled insurance on all slave trading voyages by ships owned by citizens of Massachusetts.
Peter Silvester to Peter Van Schaack I believe I mentioned to you in a former letter that I had waited on your freind Mr. Jay and that I had not the Honor of seeing him but left a Card with my name agreeably to the prevailing fashion of the City. not having heard from him after a Considerable period had elapsed I had formed some unfavorable Symptoms As I had understood he was a very exact man and paid much respect & attention to these matters of Ceremony—I must mention that in thus early waiting on him I had a double veiw first to pay my respects to him & then by that means to get introduced to the Vice president Mr. Adams who quartered with Mr. Jay. Last friday evening I had engaged several Gentlemen among [whom] were
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our members to eat a bit of bread & Cheese &c. with me at my lodging. Mr. Jay alone passing by my door as it were first unobserved he made a kind of a halt & we catcht each others eyes & he immediately came up I invited him in he sat a while & inquired very particularly & affectionately after you & desired me when I wrote to you to make his compliments—before he went away he asked me to dine with him on Tuesday—that is this day—I in return told him that I expected some gentlemen to spend the evening with me that night & would be glad that he would honor me with his company he said he would & cam accordingly but went off earlier than the rest as he said Mrs. [Sarah] Jay was indisposed—I dined with him to day in com[pan]y. with the vice president only he there again renewed his expressions of regard for you. I must refer you to the public prints for news—we have been several days busy on the bill for collecting revenue [HR-6] it is a difficult piece of business to secure the dutys effectually & suit the Ideas of the mercantile Interest & the different opinion of the members composing the house I believe however we have got thro the most intricate parts—there is a new Idea (at least us to us) to be incorporated in the bill that an authorized officer may go on board of any vessel before she enters into port and demand the Manifest of the Cargo &c. Mr. Madison has brought forth amendments or explanations of the Constitution which or any others that may be Suggested by any other Member to be taken up by a Committee of the whole the first leisure—the Senate have under consideration the Judiciary which will be Proposed by them in a day or two. The Allowance to president &c. Members &c. has been reported by a Committee but not yet concurred in I think the sums too high but know not the sense of the house on that occasion they say it is about a Modicum of what was formerly allowed to Members of Congress in the different States. You are perfectly at ease in your retreat I suppose this place [torn] formed for a person of a Gay and lively disposition—anxieties are ever the attendant of Mortals but saving the conveniencies with which this City abounds if a small circle of friends understand one another they can spend their days full as happily & contentedly in the Country as in the continual round of pleasures & amusements as they are called in the City—it is trew there are Societys of different kinds here—but dress you must if you go abroad & that is troublesome & expensive—excuse this Scrall should I think of adding any thing Material in the Morning I shall do it—Harry is well I saw him to day & the last time I saw little Cornelius he was well. [P. S.] I send home a parcel of News papers & one or two of the Journals you can have perusal of those and afterwards I should like them to be scattered about a little in the district for which I was Chosen.
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ALS, Van Schaack Collection, NNC. Addressed to Kinderhook, New York. Written in the evening; the postscript may have been written the next morning.
Other Documents
Samuel Emery to George Thatcher. ALS, Thatcher Family Papers, MHi. Written from Baltimore. Asks Thatcher to hold his mail until he calls for it and to forward an enclosed letter to Boston. Catharine Greene to Jeremiah Wadsworth. ALS, Wadsworth Papers, CtHi. Written from “Thunderbolt,” Georgia. “I have concluded with Mr. [Edward] Rutledges approbation to visit the North this year when I shall lay before You all the plans that have been thought of. devised, and finally adopted by Mr. R. and myself, for your consideration”; Greene will be the only lady on the ship; hopes to find Wadsworth in New York when she arrives. Mary Cotton Hall to George Washington. ALS, Washington Papers, DLC. For the full text, see PGW 2:297–98n. Office seeking: her husband, Stephen Hall, as collector for Portland, Maine; if the President will “condisend to inquire of allmost any of the Senators” from Massachusetts and New Hampshire, they will provide a character reference. Stephen Hall to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Portland, Maine. Office seeking: collector for Portland, Maine; has written to the President through “my friend Mr. Wingate.” Caleb Riggs to John Fitch. ALS, Fitch Papers, DLC. Addressed to Philadelphia. Doesn’t know if House committee has reported on Fitch’s petition (see DHFFC 8:39–41, 47, 51–55); has been “directed to enquire of the clerk of the House, but having no personal acquaintance with him” must await an opportunity; “you know great men are not to be accosted on all occasions and at all times.” George Thatcher to Daniel Cony. No copy known; acknowledged in Cony to Thatcher, 16 June. George Thatcher to Sarah Thatcher. ALS, Thatcher Family Papers, MHi. Advice about bringing up children, especially their son Phillips.
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William Samuel Johnson, Diary. Johnson Papers, CtHi. Dined at Don Diego de Gardoqui’s. [Boston] Massachusetts Centinel, 13 June. Sedgwick set out from Stockbridge for New York.
Wednesday, 10 June 1789 Hot; Rain (Johnson)
William R. Davie to James Madison My private acquaintance with you would by no means warrant a correspondence of this kind, but the interest we have in your public character and exertions will sufficiently apologise for the freedom. You are well acquainted with the political situation of this State, its unhappy attachment to paper money, and that wild scepticism which has prevailed in it since the publication of the Constitution. It has been the uniform cant of the enemies of the Government, that Congress would exert all their influence to prevent the calling of a convention, and would never propose an amendment themselves, or consent to an alteration, that would in any manner diminish their powers. the people whose fears had been already alarmed, have received this opinion as fact, and become confirmed in their opposition; your notification however of the 4th. of May1 has dispersed almost universal pleasure, we hold it up as a refutation of the gloomy profecies of the leaders of the opposition, and the honest part of our Antifedederalists have publickly expressed great satisfaction on this event. Our Convention meet again in November, with powers to adopt the Constitution and any Amendments that may be proposed; this renders it extremely important that the Amendments, if any, should be proposed before that time. And altho we may be nominally a foreign State, yet I hope the Alterations will come officially addressed to the people of this Country, an attention however trifling in itself, that will be of importance in the present state of the public mind here. That farago of Amendments borrowed from Virginia is by no means to be considered as the sense of this Country; they were proposed amidst the violence and confusion of party heat, at a critical moment in our convention, and adopted by the opposition without one moments consideration—I have collected with some attention the objections of the honest and serious— they are but few & perhaps necessary alterations—They require some explanation rather than alteration of the power of Congress over elections—an
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abridgment of the Jurisdiction of the federal Court in a few instances, and some fixed regulations respecting appeals—they also insist on the trial by jury being expressly secured to them in all cases—and a constitutional guarantee for the free exercise of their religious rights and priviledges—the rule of representation is thought to be too much in the power of Congress— and the Constitution is silent with respect to the existing paper money an important and interesting property. Instead of a Bill of rights attempting to enumerate the rights of the Indivi[du]al or the State Governments, they seem to prefer some general negative as will expressly confining Congress to the exercise of the powers particularly granted, with some express negative restriction in some important cases. I am extremely anxious to know the progress of this delicate & interesting business; and if you could find leisure from the duties of office and the obligations of Friendship to give me some information on this subject, it might perhaps be of some consequence to this Country, and would in any event be gratefully acknowledged. ALS, Madison Papers, DLC. Written from Halifax, North Carolina. 1 On 4 May the House agreed to Madison’s motion to debate the subject of Amendments to the Constitution on 25 May.
Henry Lee to James Madison I have not heard from you for a long time but often hear of you. All ranks of people within my observation seem highly pleased with the Govt. since its commencement & reckon far too much on the benefits which it may produce—these expectations will meet with disappointment, which may create chagrin in the public mind & renew clamor. The president is dear to the citizens beyond parralel or expression, the senate is reported to contain much wisdom & the house of representatives much integrity—our papers are full of your proceedings & debates, I suppose incorrectly taken from [t]he contradictions which seem occasionally to be exhibited by the same speaker, the lameness of stile & crudeness of matter which seem generally to characterize their doings. Much impatience & much [s]elf suffici<ency appears to> belong to your body. On the subject of title their conduct receives as it merits pointed opprobrium not whether because they opposed adding to the constitutional title of the cheif Majistrate, but because they treated the senate with marked indecency. Whether the President shall have a new name is merely a question of policy & its result must be insignificant in its consequences to the people, but that the two branches of Legislature should hold to each other the most marked respect is necessary for their honor, their respectability & our good.
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The impost bill is thought too high & some proper articles for taxation (or duty rather) omitted—Bar iron for instance. Every idea of nationality seems to command that we should encourage those things essential to the independence of our country, we abound in iron ore, but unless encouraged by must depend on [lined out] i<mportation of this> requisite to national independence—your dutys are laid ad valorem at time & place of importation. this is opposite to the custom prevalent in this state and in my mind indeterminate as well as productive of loss to revenue—A imports from London a cargo of Merchandize into Norfolk, under the late act he is to pay dutys as above mentioned, who decides on the value of the cargo, the importer or your officer or how is this value to be ascertained. Revenue will be diminished because the goods will be imported to the lowest market afterwards conveyed to the highest market. We are told that your commercial officers will be numerous & that you mean to imitate the British usage in this particular, certainly it becomes you to advert to the difference between that nation & ours—the one most rich the other most poor, how can it be expected that we can sustain the expence of her numerous officers from the tide waiter to the collector—I thought that Mr. Pitts [William Pitt the Younger] administration had convicted all the world that smuggling is only to be prevented by moderation in the laying of duties, that hosts of officers & numerous coast guarders & tenders were insufficient—Why then will we run counter to this exper when the creation of a new office frightens our people as well as adds to the drains of our scanty purse. Your house it seems has determined that our fiscal affairs should again be placed in the hands of one, here is another fruitful topic of censure—As integrity is in this department the first object to cherish, I must hold to my former sentiments on this subject & prefer three men to one for the management of the public money. While I give this preference I acknowledge I obtain a good with an evil, I confess while I secure the heart, I yeild the head up in degree—But if I am right in my first position viz that integrity is the first point in view, I am right in determining to prefer three to one, for I am secured by nature from intentional injury, which is a security far more valuable in my judgement than all the checks which the ingenuity of man can invent to controul the individual—Three men cannot be found in the higher order so corrupt as to unite in peculation, if the did their own jealousys & rivalship <would detect th>em—one man the money of the people to his own uses & corrupt those who are entrusted by the community to superintend his conduct. on this point there are two opinions to be sure, & very good men embrace different sides of the question. I am among those who would feel safer & pay quicker was the public coffers under the orders
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of a commission I confess, but whatever may be done I sincerely hope, good to the people may be its result. *** ALS, Madison Papers, DLC. Written from Alexandria, Virginia. For the full text, see PJM 12:212–14. Part of the omitted portion of this letter reports tobacco prices and the progress of improvements to the navigation of the Potomac River. Words obliterated by tears in the paper have been supplied in angle brackets from a transcription in the Armes Collection of the Lee Family Papers, DLC.
Peter Muhlenberg to Benjamin Rush I do myself the Honor to enclose You The Amendments, brought before The House by Mr. Maddison on Monday last. as They are not to be made Public at Present, I will thank You to keep them for Your own Perusal, and to let me know Your sentiments, relative to The propriety & necessity of them—They were well recevd. by the House, as it was alledgd, that unless some amendments took place, some States, who were at present otherwise inclind, might be inducd to Join in demanding a Convention—Mr. Gerry spoke warmly on this subject—reprobated the idea of a Convention & concluded with saying, That if The Present Government would not do, he despaird of any other; & dreaded that a Military one would follow its rejection &c. The Mail is just closing—can therefore add no more at Present. I wrote You on the 4th. instant.1 P. S. This matter will not be brought forward again until the revenue System is complete. I will thank you to communicate them to Doctor [Benjamin] Franklin. ALS, previously privately owned by the late John F. Reed. Addressed to Philadelphia. 1 No letter of that date is known to exist. Muhlenberg probably meant the letter he dated 3 June.
James Sullivan to John Adams The Communicating our Sentiments to men in power, when done with the respect due to their characters, and without a troublesome intrusion, is at all Times a mark of Veneration and esteem. upon these ideas I Venture to address a letter to the Vice President of the United States, and which he will read, when his leisure will admit a moment of heedless employment.
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I am very deeply impressed with the disagreeable situation of N. Carolina, Rhode Island, and Vermont. though I am very sensible that your Situation and ability have placed you far beyond the reach of my Suggesting any thing new to you upon the Subject, yet I wish to be indulged one word. Great expectations of happiness and prosperity are raised upon the general Government. these are Still heightned by the idea of the Characters who have the administration of it. but the System, perfect as it is, or may be, or the Governors, however wise, or prudent, cannot afford to man, that perfect ease and enjoyment, which his fond hopes are reaching after, and which the Wisdom of heaven hath decreed he cannot possess. I beleive we shall be as happy as any nation in the world, but not as happy [lined out] as we expect to be: Government as Doctor Price says, being: but but the choice of evils.1 When our officers have a naked competency, and our national Debt creates Either an imaginary, or a real burthen, our people may become in some measure uneasy. the raising a revenue by Impost, is clearly the best mode in the world; but while it was thought a virtue to prevent the British revenue raised on the Colonies, our Merchants contracted habits which Interest, or Necessity may suffer some of them to indulge, and it would be no miracle wonder that a partial uneasiness, or possibly a limitted disaffection to a young Government, should take place for a while. if any thing of this kind should happen, and the states above mentioned should remain unconnected with the confederated republic, they will become asylums for fugitives from Justice, and increase their number by lessening the risque of offending; and greatly serve to promote the Subversion of the Revenue and other Laws. I could point out many mischiefs arising from this scource, and you might call them imaginary ones. but if they might really exist, it would be more useful to prescribe a remedy, but this I cannot pretend to. and yet as I dread a civil contest, and am very averse to that Kind of war, which calls for halters and axes, I beg leave to mention the necessity of an Early attempt by Congress, to unite all the States; and that before any interdiction of commerce with those which are delinquent Congress should address the Legislatures of those States with a Solicitude on the Subject, point out to them their unfortunate situation, and the Necessity which the Republic is under of taking decided measures to bring them under the General Government, and protection. let me add, the idea of a Letter for this purpose being Signed by the President at the request of Congress. should this fail, perhaps the giving Individuals who shall take the oath of Alegiance, the priviledge of Citizens, may weaken the force, and distract the Councils of the opposition, and and bring on a conviction of the Necessity of a union. However Small these observations may appear to you, yet you will suffer the goodness of my intentions to apologize for them; for I assure you that I
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dread a delay in in this important business because I beleive, that as soon after the Revenue Laws, and the restrictions on Trade shall begin to opperate a present benefit will arise which may strengthen the opposition. The People of the Eastern part of this State where I once was conversant are uneasy at having no port of delivery, or of Entry, Eastward of Portland. the shore is two hundred miles long, and they will Suffer great inconvenience by being obliged to Enter at Portland, my Friends that way have urged me to write you on the Subject expressing their confidence in your goodness. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. 1 From Rev. Richard Price’s Observations on the Importance of the American Revolution and the Means of making it a Benefit to the World (1785), paraphrasing an older proverb dating at least to Aristotle’s Nicomachean Ethics, Book II.
Anthony Wayne to James Jackson You may call the present President the Emperor of the West or by any other high sounding title you please. It cannot add to his transcendent merit, worth, and dignity of mind, but I could wish to see him vested with more power, i.e. the sole appointment of officers. . . . I am more than ever convinced that we shall never have a permanent peace until the Creek Nation experience our Superiority, which will not be effected but by a regular Army, which with the proper authority and means I wou’d engage to raise, organize, and discipline in the course of a few months at Renhead1 to produce a glorious speedy and happy issue. In fact, a regular force is indispensibly necessary to protect these southern states, not only against the Indians but against the machinations of the Danish [Spanish] and British nations. . . . Excerpt of ALS, Parke-Bernet Catalog 2254(1964):item 232. Written from Richmond County, Georgia. The ellipses are in the source. 1
Probably a mistranscription.
Other Documents
Lyman Hall to Roger Sherman. Sherman, p. 205. Written from Georgia; carried by Hall’s son, John. Hopes Congress can find a way to bring Rhode Island and North Carolina in; consequences otherwise are alarming and dangerous to the Union; revolt of other states has been hinted; “I am sorry that the whole Congress (a bad example) cannot agree to pray together—you understand me.”
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Levi Hollingsworth to Benjamin Contee. FC:lbk, Hollingsworth Papers, PHi. Written from Philadelphia. Pleased that Contee will return to Maryland as soon as the more urgent business of Congress will admit. Benjamin Huntington to Jesse Root. No copy known; acknowledged in Root to Huntington, 22 June. Joseph Tucker to George Thatcher. ALS, Thatcher Papers, MeHi. Written from York, Maine. Office seeking: naval officer for York district; “I know your influence, if you are a Mind I shall have it.” Samuel Winslow to Henry Knox. ALS, Knox Papers, Gilder Lehrman Collection, NHi. Office seeking: collector or naval officer for Maine; asks Knox to use his influence with his friends in Congress.
Thursday, 11 June 1789 Hot (Johnson)
Fisher Ames to Thomas Dwight I begin to wish you would break Silence— *** Mr. [George] Cabot informs that one of the Miss Worthingtons is indisposed—that it is not Miss Fanny—*** I wrote in a violent hurry. Company interrupted my writing, and the post office is near closing. The Senate has finished the Impost Bill It is not sent down yet. Molasses at two and an half Cents—and no Drawback on Exportatation—I hope the house, proud & stubborn as they are, will comply with the Amendmts. and pass the Bill as speedily as possible. The Bill for the Collection of the Duties [HR-6] produces much debate—as indeed eviry thing does—Our house is a kind of Robin hood Society where everything is debated The Judicial Business is maturing fast in the Committee of the Senate. Mr. Madison has introduced his long expected Amendments. They are the fruit of much labour and research. He has hunted up all the grievances and complaints of newspapers—all the articles of Conventions—and the
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small talk of their debates. It contains a Bill of Rights—the right of enjoying property—of changing the Govt. at pleasure—freedom of the press— of conscience—of juries—exemption of from general Warrants gradual increase of representatives till the whole number at the rate of one to every 30,000 shall amount to and allowing two to every State, at least This is the substance. There is too much of it—O. I had forgot, the right of the people to bear Arms. Risum teneatis Amici1— Upon the whole, it may do some good towards quieting men who attend to sounds only, and may get the mover some popularity—which he wishes. It grows dark and I must finish—yours affectionately. [P. S.] The Draw back is taken off from all Spirits exported, Brandy & Gin excepted. ALS, Ames Papers, MDedHi. The recipient was identified by his handwriting on the docket and by the content of the letter. The omitted text concerns mutual female friends, including Ames’s future wife, Frances Worthington. 1
Can you bear the laughter of a friend?
Benjamin Goodhue to Insurance Offices of Salem Nothing new has occur’d since my last, except the Senate’s reducing Mollases to 2 1⁄2 [?] cents. and they have taken off the draw back on N. E[nglan]d. and W. India Rum—they have pass’d upon the bill, and it will tomorrow be sent to the House for their concurrence in the amendments, but how it will fare with us I can’t pretend to say. The Bill for collecting the duties [HR-6] is before us, but its so complicated and concerning which there are such various ideas, that it will take a long time to bring it to an issue—We have made but small progress, and the first and great principles of what it may be, are not yet settled in all respects—it was agreed to day that all Goods in foreign bottoms and goods from China the E. Indies should be confined to certain limited ports for their delivery, less in number than goods in our own Vessels from other foreign countries—but the ports for such purposes are not yet named. ALS, Goodhue Papers, NNS. Addressed to Salem, Massachusetts.
Samuel Phillips, Jr. to Caleb Strong I thank you for your kind favor of the 30th. of May with the enclosure of the 2d. of June; The reductions of the impost duty in sundry articles made
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by the Senate will I imagine be generally approved of, this way, from the consideration of it’s facilitating the collection—whatever will tend to this point, is important, especially at first setting out—when they have found they can run their goods, they will be unwilling to loose the sweets of the practice, and the longer they grow continue in the practice, the more difficult will it be to break them of it—This brings to mind an Idea of our Comptroller General [Leonard Jarvis], that in which he is very sanguine— vizt.—that the whole of any forfeiture ought to be given to the informer, after deducting charges—The inducement to vigilance, being so much greater would, in his opinion, encrease the revenue more than a share of those forfeitures would add to it—Many will be gratified with the reduction of the duty of molasses, and it is quite possible Govt. may realize more from the sum proposed by the Senate than from that agreed on in the House—I thank you for your good services in regard to the article of [gun] Powder, and the public at large are indebtd to you, if it be of consequence to them that the manufacture should be established among us—A smaller encouragement would not have effected the purpose, I am not certain this will, for the hazard that attends the business is very discouraging to the undertaking, and affords a good plea for enormous demands of wages from those who are acquainted with the business, who are so rare in this country, that they have a much greater advantage over their employers than in older countrys; I have reason to speak of hazard, having the last week been alarmed by a third explosion of my mill—by which I was in the utmost danger of suffering a heavy loss, but there being but a small quantity of the dust & uncompleated paste in the mill, the building was not greatly injured, and by the exertions of a number of people who were at work by the mills the fire was extinguished—If there was no prospect of carrying the duty higher, you acted with your usual wisdom, in not attempting it; “The temperate & conciliating manner” in which your debates have been conducted, bode well to the Union, May nothing take place to change the Scene. As to your Salaries and grants, we are concerned how you will get along on that head—The propositions that have been made in the House, alarm us—Our Commee. of Finance [in the Massachusetts House of Representatives], have reported that in consequence of reductions which may be made it is probable our civil list will not exceed £15,000 pr. Annum—to have the Salary of the President 2⁄5 & with the proposed additions to exceed 1⁄2 the Amt. of our whole civil list seems out of proportion to some—I hope you wont be in too great a hurry in this matter. The bell tells us the mail is closing. ALS, Strong Papers, MSonHi. Written from Boston.
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Aaron Porter to George Thatcher I find that the Report of your Committee Respecting the Ports of Entry & delivery propose Pepperrillborough for one of those Ports—I would Suggest to you whither Biddeford would not be more proper for this Port office to be held in, because Pepperrilbo. has neither Port, Harbour or River belonging to it, it only joins Saco River on the east side, and the River belongs to Biddeford, together with the Islands Previledges &c. so does the Pool at Winter harbour, and the Harbour itself is intirely on the Western side of Saco Rivers mouth; so that all trading Vessels in this Harbour, Pool or River are in Biddeford—and the Principle Trade of this Port & river is in Biddeford, the Greatest Consumption of Duty’d articles is here likewise & the principle Lumtradeber is made here which commands the trade and Biddeford was the oreginal Town including both in one, & Pepperrillbo. sot of [set off?] from it—Biddeford is Shire Town & better caculated for Trials &c.— and it would be more convenient for the Offices of Collector and of Entry & delivery &c. to be all in the same town, and further that it would be hard for this Port to be subject to Portland Entry by reason of the distance &c. so that it strikes me as though this ought to be A Port of Entry likewise not only for its own convenience but for the benefit of Kenneybunk & Perhaps Scarborough also. Mr. Daltons interest holds him to this plan, and I believe he is in some friendly to Mr. [ Joshua B.?] Osgood, pray communicate this plan to him him & ingage his attention &c. ALS, Thomas G. Thornton Papers, MeHi. Written from Biddeford, Maine.
Letter from New York to Boston Strange it is that any wise man could suppose, we in this country, circumstanced as we are without a single Ship of war or cutter, could collect duties similar, or nearly so to those collected in Great-Britain, the whole coast of which is lined with a host of officers, and guard ships for that purpose, and whose inhabitants for more than a century have been gradually trained to the habits of obedience. And what is stranger still is, that any one should be so void of true policy as to occasion disgust in the very first outset of our government, by extravagant duties to that class of men, who have been the chief instruments in bringing it into existence, and thereby hazarding not only the happy operation of the revenue itself, but in its effects enfeebling every future measure. Duties may by degrees be increased without prejudicing individuals or exciting their clamours, but cannot be lessened if too high at first, without a proportionate discrimination of the authority
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which imposed them. I was led to those remarks by observing in a paper printed in this city, an extract of a letter from a member of Congress to his friend in Salem,1 taken from a paper printed in that place. I had no sooner read it than by its language I was convinced it was the production of a worthy old member from —, he is a man of abilities and integrity, but from his situation in life little acquainted with the nature and effects of a commercial revenue, and I conceive has unfortunately, without proper examination, imbibed the erroneous principles of others, that the higher the duties, the greater would be the revenue. But what is most surprising is that he should annex a quotation from a letter he received from a person in Philadelphia who one would have thought had rendered himself by his antiquated and notorious habits of consolidated selfishness, incapable of deception. [Boston] Independent Chronicle, 11 June; reprinted at Salem, Massachusetts; New Haven, Connecticut; and Fredericksburg, Virginia. 1
See Sherman to Henry Gibbs, 11 May, volume 15.
Letter from Savannah We have been more alarmed lately with apprehensions from the Indians, than we have been since the commencement of hostilities with them. Thirty or forty of them attacked John Lecoutre, three or four weeks ago, but were repulsed. Four of them were killed, and several others from some appearances supposed to be wounded. Since this happened, Gen. [Elijah] Clarke was informed by some Cherokees, who had just left the Creek nation, that they were meditating an immediate and formidable attack against our frontiers. We have however within a few days received more agreeable intelligence from [George] Galphin, who was sent by the commissioners with the last talk. He has informed the executive, that when he arrived in the nation, he was told that they had a few days before dispatched six hundred warriors, to attack the frontier counties; and that twenty-three hundred more were preparing to follow them; but that by his own exertions and those of his brother, they were prevailed on to desist from the expedition, to recall those who had already marched, and to consent to meet the commissioners on the twentieth of this month, at the place appointed for holding the treaty.1 This intelligence of Galphin’s is corroborated by a letter from [Alexander] M’Gilvray to him. I am rather apprehensive that from the feeble opposition which the Indians have met with, and from the unreasonableness of their demands, that it will be difficult, perhaps impossible, to procure an amicable adjustment of our disputes with them. Should this not be the case, I suppose you will receive early instructions of the event from the Executive, as we shall require federal aid, if Congress should be in a situation to afford it.
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NYDG, 25 June. 1 George and his brother John Galphin were the illegitimate sons of a Native American woman and an Indian trader. George, Sr., helped to neutralize the Creeks during the Revolutionary War and frequently served as a go between on the southwestern frontier (PGW 3:87n; Colin G. Calloway, The American Revolution in Indian Country [Cambridge, England, 1995], p. 45). For the sons’ reports to the commissioners for Indian affairs in the southern department relative to the proposed treaty at Rock Landing, see DHFFC 2:190–98.
Other Documents
John Adams to Samuel Barrett. FC:lbk, Adams Family Manuscript Trust, MHi. Addressed to Boston. Office seeking: acknowledges receipt of a draft application to the President; advises to follow the journals and debates of Congress to see what offices will be created and “accomodate your application to the Circumstances as they rise.” John Adams to Thomas Melvill. FC:lbk, Adams Family Manuscript Trust, MHi. Addressed to Boston. Office seeking: advises to apply directly to the President. John Adams to James Bowdoin. ALS, Bowdoin-Temple Papers in the Winthrop Family Papers, MHi. “We proceed Slowly: but in digesting Plans so new, so extensive and so important, it is impossible to bring Bodies of Man to a clear Comprehension of Things and a mutual Satisfaction without long deliberation and debate.” Theodorick Bland to John Randolph. ALS, Tucker-Coleman Papers, ViW. Written from Norfolk, Virginia; addressed to Williamsburg, Virginia; carried by Mr. John Hoomes. Attacked by gout in the head; a tedious ten-day passage from New York; health is somewhat better. Benjamin Goodhue to Nicholas Pike. No copy known; acknowledged in Pike to Goodhue, 18 June. Mercy Otis Warren to Elbridge Gerry. ALS, Gerry Papers, DLC. Written from Boston. For the full text, see Warren-Gerry, pp. 226–28. Office seeking: Henry Warren for collector at Plymouth and Duxbury; Dalton, Langdon, and Strong “may be spoken to with advantage on the subject”; R. H. Lee is a friend and Warren may have Adams’s support.
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William Samuel Johnson, Diary. Johnson Papers, CtHi. Mrs. Anne Johnson arrived; dined at the President’s. [Philadelphia] Pennsylvania Mercury, 25 June. Bland arrived in Norfolk on board the Charles.
Friday, 12 June 1789 Hot (Johnson)
John Adams to William Tudor Your Letters put me more and more out of Patience every Post. Why, in that of the 6th. do you call our national Government a federal Republick? It is no more that, than it is Spherical Trigonometry. What is a federal Republic? It is an association of a Number of independent Sovereign States. Are the Seperate States in our national Government, Sovereign and independent? If they are, We had all better go hom<e>. for Heavens Sake, let us analyze our Ideas and our Language. Unanimity is essential to a fœderal Republick. Is Unanimity necessary according to our national Constitution? Would it not ruin this Country to make it essential? I ask again Where is the Sovereignty of our Nation? Answer me, as a Lawyer and a Statesman, as a Philosopher and an Historian. You need not be apprehensive of “any Faction” attempting to lesson the Influence of the V. P. He has no dread of that upon his Mind. He will have as much Weight as he ought, and he would not have more if it were offered him. He flatters himself he knows his Stops, pretty well, at fifty three or four years of age. He must contend for “the dignity and Energy of Government” because he knows, that without dignity and Energy there can be no Government at all. I agree most cordially with you in all the rest of your excellent Letter and will take care of that inclosed. ALS, Tudor Papers, MHi. Addressed to Boston. The words in angle brackets are taken from the FC:lbk, Adams Family Manuscript Trust, MHi.
John Adams to Cotton Tufts The last Evenings Post favoured me with yours of the 6th. Many Gentlemen are in favour of a national Excise: and Some would have
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the nation take upon itself all the State Debts. Mr. Morris particularly: but I can not Say what will be done. My Burthens are not very heavy: but my health is not very good. I have been obliged to decide many questions on the Impost Bill, the Senate being equally divided. I was obliged to reduce the Duty on Molasses from four Cents, and to prevent that on Salt from being raised from 6 to 9. My Vote on Molasses I Suppose will displease the Southern Gentlemen: but that on Salt, ought to attone for it. So the ballance is even. Drawbacks on Exportation Seem to be necessary to Support infant manufactures and Some branches of commerce not fully established. But when ever the Manufacturer or the Trade will bear it, it Seems to be good Policy to make the foreign consumer, pay the Duty. The Senate has rejected the Duty Draw back on Rum; and reduced the Duty on Molosses to 21⁄2 Cents. if the Rum trade will bear it, I shall be glad. if not, it is ill Policy. My Friends the Dutch have the Art to make Foreigners pay two thirds of the Duties to the State. They Suffer no Draw backs when the trade will bear the Duty. *** When will Mrs. [Abigail] A[dams]. come on? I Suffer, very much for want of her assistance. ALS, Gilder Lehrman Collection, NHi.
Fisher Ames to George R. Minot I inclose, for Mr. Benjamin Russell [The Massachusetts Centinel], some of the amendments of the impost bill in Senate. Please to hand it to him. He has been very civil in sending me papers. Your brother, Clarke Minot, wrote me by the last post. The appointments seem to be almost as far off and uncertain as ever. There is proposed a collector and naval officer to each port. But the nature and number of offices is totally uncertain in this state of the bill. It is daily debated. With tolerable diligence, and good temper, which has not been wanting hitherto, it will be finished next week, and sent to the Senate. The civil departments will employ us next, and the judiciary the Senate. They will finish their stint, as the boys say, before the House has done. Their number is less, and they have matured the business in committee. Yet Mr. Madison has inserted, in his amendments, the increase of representatives, each State having two at least. The rights of conscience, of bearing arms, of changing the government, are declared to be inherent in the people. Freedom of the press, too. There is a prodigious great dose for a medicine. But it will stimulate the stomach as
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little as hasty-pudding. It is rather food than physic. An immense mass of sweet and other herbs and roots for a diet drink. *** Ames 1:53–54.
George Clymer to Samuel Meredith Among all my sins that which consists in not writing you is one of my greatest, considering how frequently you remembered me when you were at N.Y. in the same situation with myself 1—If you ask me how it came about, my answer is that I can hardly tell you—but one thing is certain that I have not wrote a single letter from hence but in answer to some body or other. *** I now recollect better my reason for writing so little except upon real business since being here—it is that for the first month I was not in good health, from the extreme badness and unwholesomeness of the air, and the second month not in good spirits, from the change from my home and the2 friends I love to living in a strange place and among people I care nothing about—I thought sometime ago before I tryed it that I could bear such a kind of life with more patience than I actually do—or that at least I might more frequently go home, but I have now been here above two months and have not yet thought it a proper time to ask leave. I have thought ’tho of seeing you in a short time, but then only for a few days until our adjournment which may perhaps be in two months, some of the members being very desirous of going home. I am now writing in the house, where the impost bill has just come down from the other, with a great number of amendments more of them reducing the duties—whether they will be yielded to it is not in my power to tell you—We are now upon the bill for the collection [HR6] but go through it very slowly. I have mentioned the adjournment, without saying a word of removal about which I can hardly trust my self to think—There is an Offer coming from Trenton and the opposite shore—if a permanent place should be thought of, this or some spot on Potowmack will most probably be chosen—I have sean some wretched strawberries and have [torn] a glimpse of green peas—I dare say your gardening has been three weeks before [torn] Let Betsy [Elizabeth Meredith?] know how much I am oblige [torn] her readiness in sending me the little specimen of her art— I am told [lined out] drawing is not taught here at all, and the other ornamental or useful parts of female education very poorly, but education is not our only superiority over our neighbours, we appear to excell in almost every thing, as far as I can see or hear.
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ALS, Clymer-Meredith-Read Papers, NN. Addressed to Philadelphia. The omitted text relates to Clymer’s land investments in northern New York. 1 2
Meredith attended the Confederation Congress in New York in 1786–88. The word “the” is written over “my.”
Benjamin Contee to Governor John Eager Howard Perhaps the propositions (to be ingrafted on the constitution, if the intention of the motion succeeds) brought forward by Mr. Maddison may make some noise in Maryland—Mr. [Gabriel?] Duvall has a copy of them. It may be seen from thence that some of them are inapplicable in a great degree, as being needless stipulations between—not [lined out] a people and a seperate and independent power—but between a people and their Representatives—in other [words] between a people and—who—why themselves. For it I esteem it a real truth that the Govt. is a Govt. of the people—as much so as any ever was or can be instituted for the successful conduct of the affairs of our [?] extensive Union—extensive I mean in its locality: as well as in the importance of its various concerns—which embrace almost innumerable Objects, and many esteemed highly consequential in the Eye of the present improved and enlightened policy of Nations—the inclosed paper1 contains some strictures which may shew the inexpediency of some of the proposed articles. But a postponement of the business was necessarily induced by other of more importance—at least, it must be acknowledged by all to be, of more immediate importance. I wish now and then to have a line from you; if but to inform me of your Health. ALS, Executive Papers, MdAA. 1 Contee probably enclosed an issue of NYDG containing one of a series of essays by Nicholas Collin writing as “Foreign Spectator,” first published in the [Philadelphia] Federal Gazette in October 1788–February 1789 and republished in NYDG, 3 June–7 July.
William Grayson to Patrick Henry I arrived here about three weeks ago, in very poor condition indeed; I had had a very severe attack of the gout in February, and the consequences of it have distressed me extremely ever since: I am now afflicted with a diarrhœa, though I hope I am in the mending hand.
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Your agreable favor was handed to me about a week ago: With respect to the unmerited attacks1 on your character I think they deserve nothing but contempt on your part: you have certainly adopted the dignified line of conduct, and I trust & hope you will [lined out] persevere in it: nothing would please the author so well as to enter into a literary altercation with you: he would expect to aggrandize himself from the character of his competition: In my opinion such ill founded bad digested calumny ought to give you no manner of uneasiness: such kind of attacks on characters that are high in the public estimation have been so frequent & are so well understood as not to deserve a moments attention—Envy & detraction says Mr. Addisson2 is a tax which every man of merit pays for being eminent & conspicuous. I observe what you say respecting Mr. [ Joseph] Martin, and shall pay the most pointed attention thereto—I shall write you farther on this subject perhaps in a post or two. With the respect to the Spaniards they certainly retain the Natches in their possession, under the supposition of conquest from the Brittish, as also the exclusive right of navigating the river Missisippi; it is also certain they encourage emigration from the United States; the case of Colo. [George] Morgan & his Associates as also of several other persons to whom they have granted pass ports on their agreeing to become Brittish [Spanish?] subjects, is directly in point: It is true also that their dependants settled on St. Mary’s river encourage the negroes of Georgia in running away from their masters, & these unhappy wretches they afterwards send to the Havannah [Cuba] where they are sold to a company who put them to work in their mines— this information I had from one of the Senators of Georgia who moreover told me that there were several complaints of this nature now resting with the Secy. for foreign Affairs for the purpose of obtaining redress of [Don Diego de] Gardoqui. With respect reguard to the navigation of the Missisippi, a gentleman who appears to have the confidence of the Presidt. informed me he was certain clearly of opinion he would never consent to the surrender of the right to the Spaniards for a moment: I hope & expect that this may be the case; however if this information should be thoroughly founded, it is very different from active exertions towards procuring the immediate use of it for the benefit of the citizens of the U.S.—It is said that Gardoqui will leave this place in the course of the summer, for old Spain, but this may or may not be true: I presume the event will depend very much on his negotiations with the new government. With respect to the lands lying on the Missisisippi, bounded by 31. North, Georgia claims the whole, & I believe do not mean to surrender a foot to the U.S.—This I consider as a very great misfortune, for if the govern-
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ment had a greater property in that quarter & which they might dispose of for the payment of the genl. debts, they would perhaps become more interested in the fate of the Missisippi—The old Congress had their eye on this territory, & threw out several baits in vain for the people of Georgia North & South Carolina to induce them to make a surrender of lands: the latter were prevailed on to give up a portion perhaps half as large as the Northern neck of Virga.3 I am exceedingly sorry it is out of my power to hold out to you any flattering expectations on the score of amendments; it appears to me that both houses are almost wholly composed of fœderalists: those who call themselves Antis are so extremely luke warm, as scarcely to deserve the appellation: Some gentlemen here from motives of policy have it in contemplation to affect amendments which shall affect personal liberty alone, leaving the great points of the Jud[iciar]y. & direct taxation &c. to stand as they are; their object is in my opinion unquestionably to break the spirit of the party by divisions; after this they I presume many of the most sanguine expect to go on coolly, in sapping the independence of the State legislatures—& In this system however of divide & impera,4 they are opposed by a very heavy column, from the little States, who being in possession of rights they had no pretensions to in justice, are afraid of touching a subject which may bring into investigation or controversy their fortunate situation: last munday a string of amendments were presented to the lower House; these altogether respected personal liberty; & I would now enclose you a copy did I not know that Parker had done it already—Even these amendments were opposed by Georgia & New Hamshire & Connecticut: they were however submitted to a commee. of the whole on the State of the nation, & it is thought will not be taken up again for one while. I understood that the mover [Madison] was so embarass’d in the course of the business that he was once or twice on the point of withdrawing the motion & it was thought by some that the commitment was more owing to personal respect than a love of the subject introduced. In the Senate I think that prospects are even less favorable although no direct proposition has yet been brought forward; I have suggested to my colleague [R. H. Lee] the propriety of bringing forward the amendments of the State before the Senate, but he thinks it will be best to wait till they come up from the representatives. Before my arrival I understand there was a great deal to do about Titles a committee of the Senate reported the propriety of giving the President the title of his highness & Protector of the liberties of America, & I have no doubt but this folly would have been committed if the lower house had not refused their assent to the measure—Since I came here a question has aris’n on appli-
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cation of the Clerk for instructions to designate the Members in his entries on the journals—On this Occasion I did not fail to express my dissaprobation of titles in as inapplicable to republican governments—I believe there are abt. 4. other members who think with me on this subject: however the point was carried not for the present, that is it was agreed this was not a proper time for investigation The Members are therefore known by the names of John. Thomas. & Harry. according to the caprice of their parents. Inclosed you have the bill for the imposts, by which you will see there is a great disposition here for the advancement of commerce & manufactures in preference to agriculture: I have marked all the amendments made in the Senate that I at present recollect—The bill with the amendmts. is now before the lower house; you will easily percieve the ascendancy of the Eastern Interest by looking at the Molasses which is reduced to 21⁄2 Cents, while Salt continues at 6.—& with an allowance of a draw back to their fish &c. A Bill was reported yesterday for arranging the Judiciary, by which all the States are thrown into districts & circuits—I have only heard it read once, of course know but little about it, but as it is very important as soon as it is printed I will send you a copy. Another bill is before the Senate for discriminating between American shipping & foreign shipping [Tonnage Act], & between foreign shipping in alliance with those not in alliance. I shall be extremely obliged to you for your sentiments on the doctrine of discriminations. There is a bill now depending before the lower house for the collection of the revenue [HR-6]; the ports already agreed on particularly in the Eastern States will swallow up a great part of the revenue, & have no other good effect except that of creating dependants on the new government—The raising money by impost has been thought very favorably of throughout america; I am however of opinion that considering the extent of our coasts and the impossibility of preventing smugling, that it will be found on experiment to be the most expensive mode of raising money that could have been devised—Satisfied I am it will be particularly injurious to the Southern States, who do not & cannot manufacture & must therefore pay duties on every thing they consume. The cry here is, raise every thing this way; [lined out] & to be sure this is good policy with the States East of Maryland; some of the other States join in the5 Cry, not because it is their interest, but because they are afraid of trying any other mode of taxation—An excise is talked of, also a stamp duty, and I believe seriously aimed at by a good many—but whether there will be found a majority in both houses for this sort of business is more than I can pretend to determine—If the Anti’s have their uneasy sensations, in my opinion the fœderalists are not altogether on a bed of roses. The Creditors of the domestic debt (the great supporters of the
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new government) are now looking steadfastly on their friends for a permanent provision for their interest. But how is this to be accomplished—The Impost after deductions for smugling—Cutters—tide waiters—Searchers naval Officers—collectors & controllers—&c. &c. will not yield after paying supporting the expences of government more than will pay the French & Dutch Interest, if so much. What is then to be done? Ah! there is the question! There are an infinity of people here waiting for Offices—many of them have gone home dissatisfied for want of money This accounts for the great number of patriots who were so very sanguine for the new government. It is certain a hundredth part cannot be satisfied gratified with the places. of course 99. will be dissatisfied. *** Many gentlemen here are of opinion that the fœderalists aim at a limited monarchy to take effect in a short time. this however I doubt extremely, except in the Eastern States who I believe if the question was left to them would decide in favor of one tomorrow. they say they have no surety in their fisheries or in the carrying business, or in any particular priviledges with[ou]t. a strong government. Is it not strange that Monarchy should issue from the East. Is it not still stranger that John Adams the son of a tinker, and the creature of the people should be for titles & dignities & preheminencies, & should despise the Herd & the ill born. It is said he was the primum mobile6 in the Senate for titles for the President in hopes that in the scramble he might get a slice for himself. The Commee. of the lower house have reported five thousand dollars for his salary, at which he is much offended & I am in great hopes the House will still offend him more by reducing it. *** ALS, Meissner Collection, Washington University, St. Louis, Missouri. The conclusion of the letter is printed under 13 June. The omitted portion of the text written this day relates to New York State politics and mentions a visit by Governor George Clinton the day before. Probably the Decius essays; see Randolph to Madison, 27 March, n. 2, volume 15. Joseph Addison (1672–1719), British essayist, poet, and statesman. 3 On 9 August 1786 Congress appealed to North Carolina, South Carolina, and Georgia to cede their claims to western territory. Exactly one year later Congress accepted South Carolina’s cession of its claim to a narrow strip running from the Tugaloo River westward to the Mississippi ( JCC 31:507, 33:466–67). Virginia’s Northern Neck, measuring approximately seventy-five miles long by twenty miles at its widest point, is the peninsula lying between Potomac and Rappahannock rivers and Chesapeake Bay. 4 Divide and conquer. 5 Grayson wrote “this” and crossed out the “s.” 6 The primary motive or moving power. 1 2
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Walter Jones to James Madison Our personal acquaintance having been hitherto cursory I can claim no great Share of a correspondence, necessarily and very deservedly so extensive as yours. your public Conduct, and the Intervention of our private & common Friends have fixt you high in my Esteem, and I am persuaded that we are very intimately united, in our dispositions to exert our respective Talents & opportunities in promoting the true Republican honor & Interest of the united States. I can farther assure you, that any Communications, which you may have Leisure or Inclination to make me, will be very acceptable & obliging, and that I should value none more, either in respect to the Integrity or Selection of them. The proceedings of your House have met with general approbation in this part—the disappointed party are much puzzled to give any unfavourable turn to the appearance of the federalists, in their forward defence of Republican principles, on the few occasions that have hitherto been offered. I regret that the Senate have so soon discovered, a vain predilection for European Corruption in respect to Titles—I hope never the less, that its progress will be effectually Stifled, by the Successive firmness & Complexion of the House of delegates. The duties, as they are presented by the Committee of your house, are generally thought high. I am a poor Judge of the matter, but I conceive that any Expedient, short of a material Injur[y to] Commerce should be tried, rather than resort to the delicate Experiment of direct Taxation. Some persons here, of good Judgement in mercantile affairs, are of opinion that the eastern people, without very strict regulations, will elude the payment of the Duties on Salt & molasses, by feigned clearances of their Rum and Salt to foreign Ports. Our Friend Mr. Page and myself have established a course of Communication; and thro his hands any Intelligence you may oblige me with, will be properly directed. ALS, Madison Papers, DLC. Written from Northumberland, Virginia.
Richard Bland Lee to Leven Powell We are yet engaged in our custom house system and have little prospect of bringing this difficult business to an end before the first of July [Collection Bill, HR-6]. The Senate sent to us today the Impost Bill with several amendments—the principal of which have the effect to remove the discrimination in favor of French brandies—and to lower the duties on Rum and Molasses—in the following manner—on distilled spirits of Jamaica proof to 10 cents on other Spirits to 8 cents and on Molasses to 21⁄2 cents per gallon—
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abolishing the draw-back allowed on the exportation of American rum on account of the duty on molasses. The other amendments will not have a material effect on the productiveness of the impost—but it is very doubtful if whether any of them will be agreed to by our house. In the present state of our deliberations I can not tell when the General impost will begin to operate—not till some time in August. The enclosed paper will shew you the amendments which Mr. Madison has submitted to the consideration of our house. A very desultory conversation took place on this occasion—Some objected to recommending any amendments till experience should demonstrate the necessity of them— others considered the investigation of this subject premature and that it ought to be delayed for some months till the Weighty business before us should be dispatched. However I believe the amendments which Mr. Madison proposed will be finally recommended to the Legislatures of the respective States—provided attempts should not be made to introduce others which would destroy the efficacy of the government—in which case the attainment of any might be risked. The farther consideration of this subject will be diff defered till the important business which presses for immediate decision shall be determined on. There has been an abundance of rain here and the weather very warm since the commencement of this month. [P. S.] What seems to be the present public sentiment of the People in Virginia, relative to the general as well as our particular Concerns? *** The Senate have before them a Bill for establishing a Judiciary system—I have not seen it. They are however very capable of digesting a proper system. In my next I hope to be able to inform you of some decisive steps having been taken on some of these important objects. An enquiry into the state of the Western lands has been ordered—and some provision will probably be made for the sale of those lands as soon as possible. If I can be of any use to you here be pleased to command me—and let me hear from you whenever your Leisure & convenience will permit you to write. ALS, Powell Papers, ViW. Addressed to Middleburg, Virginia. Text omitted from the postscript relates in part to New York’s state elections and its election of Senators.
George Thatcher to Benjamin Brown *** How much I shall be at home during the two years for which I have been chosen a representative is uncertain—perhaps I shall be absent as much as one year of the two—I shall write to Mr. [Silas] Lee—Whatever he & you conclude upon I wish to be advised of. As to politics—almost every thing is yet in an unfinished state—there is
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much business before Congress—but so unformed as that I cannot give any particular account in what manner they will be compleated—The Senate have returned the Impost Bill to the house, with several amendments—particularly—they have reduced the duty on Molosses to 21⁄2 cents a Gallon—and have taken off the draw-back on N. England Rum exported exported—they have also reduced most of the other duties—about one third. ALS, Thatcher Family Papers, MHi. Addressed to Wells, Maine. The omitted beginning of the letter concerns the recipient’s plan to study law: “I esteem the knowledge of the Laws of the Land we live in the most useful, & the study of them the most honourable that Gentlemen of leisure and independence can pursue.”
George Washington to James Madison As the Communications herewith enclosed will not take much time to Read, As there are matters related which to me are new; and as the information respecting land transactions, and other things in the Western Country will require to be noticed & acted upon in some way or other, I send them to you together with a Gazette with a marked paragraph containing some suggestions that have not, I believe, been touched upon in any of the Papers I gave you yesterday—but are handed to you for the same purpose that they were—i.e. merely for Consideration. AN, American Manuscripts, CSmH. The note, endorsed “friday morning,” was dated by the editors of PGW based on the internal references to western land sales and the timing of an article signed “A. E.” that appeared in NYDA the day before, in support of a land office in the Northwest Territory. See PGW 2:479–80n for a lengthy excerpt of the article.
Nathaniel Wells to George Thatcher I observe in the account of the proceedings of Congress as published in the newspapers a proposal of appointing certain ports, as places of entry & delivery, & other ports as places of delivery only. I am not certain, whether, I understand what is intended by ports of delivery only, if it is intended that goods are to be unloaded & delivered at no other ports it will be a severity never imposed upon us while under the british government, & such as will in my opinion operate injuriously to the United States—Can it be meant that a vessell belonging to Scarboro’, returning from the W. Indies & bringing 50 or 100 Hhds. [hogsheads] of Mollasses should in the first instance proceed to Portland & there unload her cargo, & then receive it on board again & proceed to Scarboro’ where she must be unloaded a second time, or that a vessell bringing a similar cargo, belonging to Wells, should proceed to Saco, which is a barred harbour, &
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there deliver her cargo in manner aforesaid, & then return to Wells, which would ordinarily occasion an expence of more than one hundred dollars. It is impossible that such should be the sense of Congress—What then can be the sense of Congress in regard to Ports of delivery only—It appears to me that every port where there are any vessells which proceed on foreign voyages, must be places of delivery, but if for want of proper information, it should be otherwise determined, by making Wells a port of entry Kennebunk being a parish of that town, at the distance of four miles only from the harbour, in the first parish will be included, tho’ it is doubtful whether the harbour in the first parish, will be included under the denomination of Kennebunk being a river in the second Parish in Wells. I observe Peperelboro’ is to be a port of entry & delivery, but nothing is said about Biddeford—I would suggest for consideration, whether it would not be better that Saco should be the port of Entry and delivery which would equally include both towns, otherwise goods cannot be delivered in Biddeford. If Congress should determine to exclude any place from being a place of delivery, where eight or ten cargoes from foreign ports have been usually delivered in the course of a year the act cannot be complied with—The lumber cargoes amount to a small sum only, & the extraordinary expence which would be occasioned by delivering at two ports would amount to about half as much as the hire of the vessell. ALS, Thomas G. Thornton Papers, MeHi. Written from Boston.
Other Documents
Benjamin Goodhue to William Pickman. No copy known; acknowledged in Pickman to Goodhue, 18 July. Joseph Jones to James Madison. ALS, Madison Papers, DLC. Written from Richmond, Virginia. For the full text, see PJM 12:214–15. Some discussion in Richmond on the equality and policy of the Impost Bill [HR-2]; greater “warmth” respecting the amount of salaries for the Vice President and members of Congress—most think them “too high”; a gentleman in the treasury department in this state seems to look for an office. Uzal Ogden to John Adams. AL, Adams Family Manuscript Trust, MHi. Written from Newark, New Jersey. Asks Adams’s patronage for the enclosed first issue of the Christian’s, Scholar’s, and Farmer’s Magazine [Elizabethtown, New Jersey], and requests an endorsement, to be published with the second issue.
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Roger Sherman to Simeon Baldwin. ALS, American Manuscripts, CSmH. Encloses a newspaper; the impost laws “are the Subject of daily attention;” bills have been brought in to establish the three executive departments and to establish salaries, but they have not been considered yet; “diligent attention to business is paid by both houses but the progress is slow.” From New York. [Boston] Massachusetts Centinel, 17 June; reprinted at Portland, Maine. Madison’s Amendments to the Constitution contained “many explanations” which it was “impossible” to take up, “but they will be acted upon as soon as the House can find time”; the Collection Bill [HR-6] seems intended to designate as many ports of delivery “as will accommodate the trading people”; the first officer to board a vessel may demand a manifest; “The Senate will speedily act upon the Judiciary Business.”
Saturday, 13 June 1789 Fine (Johnson)
John Clark to Elbridge Gerry I received yours of the 28th. of April, and can assure you it gave me great pleasure to find your Sentiments so nearly coincide with my own, on the subject of the Federal seat: this is an important one, and will require the serious attention of Congress when ever it shall be agitated; for my own part, I can truly say, that abstract from every self interest I can find no place so secure, and at the same time so well calculated in every respect as the banks of the Susquehanna, at or near what is called Wrights Ferry [Columbia, Pennsylvania]; this Situation is not only delightful to the Eye, but the flourishing Towns of York, and Lancaster are within ten Miles, and the Country abounding with all the necessaries, and conveniences of Life, and capable of the highest improvement; besides the Inhabitants well disposed to Government; this River abounds with the best Fish, and is Navigable for Boats only; the distance to its mouth, is about forty five Miles, to what is called Haver de Grass, the Rout by Land, could be defended by 3,000 Troops, against 50,000, this is a fact: if you take an accurate view of this River, you will find the East branch extends to within thirty Miles of the Saratoga, through the new England Settlements;1 the West branch goes near to the [Great] Lakes, and nearly communicating with the Western Waters; if we take into consideration the Fur Trade, of the Western & Northern Country, should Congress fix on this Spot, it must draw the whole of it down that
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River; besides New England, N. York, Jersey, Pennsylva. Maryland, & Virginia would each share more of any profits that might be made, from their being so contiguous; the Potowmac is but about 75 Miles from this Ferry, and it is so well situated, that all the materials for building, can be had cheaper than any place I believe in America and the necessaries of Life are not only at all times plenty, but cheap: I wish you to be fully informed of every particular, and for that purpose will if it should be required be ready to render you any information within the compass of my power; You Sir, have been a faithful Friend to your Country, and I hope will live to have a principal share in establishing the Federal Seat, where the Enemies of America, will never be able to disturb Congress in their deliberations. The proceedings of the present Congress have been much admired, I find you have taken up the Judiciary department and hope it will be so well established, as to do away in a great measure, the fear and prejudices of many well meaning men, in short Sir, this is an important piece of business; and very much depends on the Organization of it. I trust great pains will be taken to appoint Men, in each of the Departments, that will do Honor to America; there are many who from a modest diffidence will, I am persuaded not, make application; but those who know them, (in my Opinion) ought to mention them, and bring them forward; especially such as have in the worst of times shewn themselves capable and as still deserving. and they ought to be culled out from every State. I must beg you will do me the favour to correspond with me when your leisure will permit, and if it’s possible pay me a visit. Photocopy of ALS, Gerry Papers, DLC. Written from York, Pennsylvania. 1 The reference is to the concentration of Connecticut settlers in Pennsylvania’s Wyoming Valley.
Andrew Craigie to Brissot de Warville *** The success of the new Government is such as to exceed the expectations of the most sanguine—The great departments are now the subject of discussion—there is no doubt but Mr. Hamilton will be at the head of the Treasury & Mr. [William] Duer will be his Assistant. I send to Mr. [Pieter] Stadniski a variety of papers Congressional Register &c. as you directed—by which you may judge of the happy progress of public measures—you may rest assured that it is the intention of Government to make provision for the payment of the Interest of its domestic debt & the perfect establishment of public credit—In all the public debates none
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but the most honorable views are manifested such as prove an enlarged policy & are calculated to inspire universal Confidence—I have sent the first number of the Congressional Register & shall continue to send them as fast as they come out. *** ALS, Scioto and Ohio Company Papers, NHi.
William Grayson to Patrick Henry *** Since writing the above I have been informed that Colo. Connelly [ John Connolly] has been in the district of Kentucki and made offers (in case of their effecting independance of the Union) of the Assistance of the Brittish to procure the navigation of the Missisippi—I am not at liberty to tell you my authority but I believe it to be true. Perhaps you may have heard it before. I have also procured a copy of Colo. [George] Morgan’s hand bill inviting a Settlement under the authority of Spain at New Madrid [Missouri], near the Mouth of the Ohio on the Spanish side—A copy of this document I shall send you in my next unless I should have time to copy it before this goes off. One article at all events it may be not improper to send you at this time to wit. All persons who settle with me at New Madrid & their posterity will have the free navigation of the Missisippi & a market at N. Orleans free from duties for all the produce of their lands where they may recieve payment in Mexican dollars for their flour Tobacco. &c.
I am sure I have fatigued you by this time I shall therefore conclude with one request which is that as I shall write you frequently & in all probability make free with men measures, characters & parties, that our correspondence may be perfectly confidential & for ever confined to ourselves This letter will go safe by a private hand—When I write by post it will be on Genl. subjects. ALS, Meissner Collection, Washington University, St. Louis, Missouri. The first part of this letter was begun on 12 June and is excerpted under that date.
Samuel Holten to Benjamin Goodhue May I request your attention to the affairs of my friend, James Boyd esquire, they became a subject of instructions to the delegates in Congress from Massachusetts, in november 1786,1 but reasons of importance at that time prevented there being brought before Congress; and Mr. Adams being
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particularly instructed to make proposals to the british government, to settle the line between the United States & Nova Scotia, & the state of our Government for several years past, has still prevented there being brought forward: the instructions I understand that the instructions referred to, together with other papers & letters from gentlemen of the first character here, are supposed to be in the hands of Mr. [Samuel A.] Otis; and as I consider Mr. Boyd a worthy citizen, that has suffered greatly in the common cause of our country, I can’t but solicit your influence in his favor, that he may have proper attention paid to his affairs; but his particular situation and circumstances, which you will perceive by the said letters & papers, renders it, I think, unnecessary for me to take up his case more particular. ALS, Letters to Goodhue, NNS. Written from Boston. Although the ALS is dated 18 June, both the draft (Holten Papers, DLC) and Goodhue’s docket on the ALS are dated 13 June. 1
DHFFC 2:383–84.
John Waite to George Thatcher Time has admitted of a more deliberate attention to your favour of the 31st. of May, and of the proposed Bill [Collection Bill HR-6] accompaning, than could be had when we last wrote you, we perceive Portland to be inserted in the Bill as a port of Entry & Delivery, Scarborough Falmouth, North Yarmouth & Brunswick we think will be proper ports of Delivery only. The Multiplicity of Oaths mention’d in the Bill, attracts our attention, to pretend to dictate your wisdom would be arrogance, but your candor will excuse our expressing a few sentiments on the Subject; It appears to us a multiplisity of Oaths is in no degree conducive to the Security of Collecting the Revenue; but on the contrary it has a direct tendency to familiarise the minds of men to falshoods: it tends to establish two kinds of Truth; a Superior & an Inferior. that done; the Human heart will soon pay little attention to either; for common sense will tell us that the same God that requests us to revere an Oath, also requires truth in the Inward part; he that offends his Maker by violating the one, equally offends him by departing from the other we suppose other means may easily be devised by Congress; that will quite as affectualy [lined out] secure the Collection of the Revenue without an oath as with; & therefore wish a regard to truth may not be deminished by an unnecessary use of them—It seems by the Bill that the Ports of Portsmouth Boston New London, New York Philadelphia Baltimore Carolina Charlston & Savannah are [lined out] viewed in a particular point of Light by Congress If it is because they are looked upon as heads of extensive Destricts: the Idea
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will apply as well to Portland, as to either of the former for she is the Principal of a more extensive destrict than either: and If the Navigation of the Eastern Country should be Oblig’d to apply to Boston, because she is the head of a Destrict: it would be a very great hardship on the Gentlemen in Trade in this distant Country. ALS, Chamberlain Collection, MB. Written from Portland, Maine, on behalf of a committee of the town’s merchants.
William Widgery to George Thatcher This is the Second Letter I have Wrote you Since I have received any, I Wish to Know by your next Whether it is Likely the that Congress Will Lay an Excise on any thing except on Exports and imports or not, and whether Congress Will be Likely to Send out for the annumeration of the People the Present year or not as all these are matters of Consequence in and with the States Legislaturs Send me what you pleas according as you think matters will Opperate but you may Depend nothing Shall Cause me to mention your Name in the Matter there for if it Should not happen to turn out as you expect it will Do you no hurt, there is Considerable Murmering a mong the People here and in our quarter on account of the Report of the Committee on the Wages of the Members of Congress Sum Say a Government at the rate they have fixed there wages will Damage Distraye it self, and one thing more I wish to know how Congress is to Compell the Payment of the Impost and and to prevent Runing goods with out a Smaal Navy or Whether it is not intended to have one. thus much may Suffise for the Present the Remainder part in my Next. ALS, Chamberlain Collection, MB. Written from Boston.
Letter from a Member of Congress [Fisher Ames] to His Friend in Rhode Island [George Benson] Most Persons here will not believe that your People will be long held in Error with Respect to their best Interests. They consider the speedy Accession of your State as a Matter of Certainty. With that Idea, the Duty on Lime and Barley was stricken out of the Impost Bill. It was thought unnecessary to take any Measures to effect a Purpose which of itself was so nearly accomplished. The Separation of your State is not contemplated as a possible Event. It need not to be said, how much it would affect the Union at large.
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The Means which the Government possesses to make the Separation undesirable to your People, are equally obvious. Let your Merchants, Farmers and Manufacturers, consider well how much they have prospered in a State of Union with their Brethren, and what may be expected to ensure the Continuance of their Prosperity, whenever Congress shall be compelled to resort to those Means. Every Government must enforce its own Revenue Laws, and provide for the public Safety and Tranquility, as Circumstances may require. I do not pretend to say what would be the Line of Conduct, if your State should finally renounce the Union; but let a thinking Rhode-Island Man weigh in his own Mind, what Prudence and Justice will require to be done. I have not a Doubt that your State will finally accede to the Union. Nature, Compact, Interest, the Ties of Honour, and those of Blood, bind us indissolubly together. Of all political Curses, the most formidable is Disunion; for I do not know another, which that would not draw after it. I am shocked to argue upon such a Topic. Yet, if it is only probable that some Party Men intend a Separation, it would be very proper to warn your People of the Consequences. Of all Conditions, that of Fear and Distrust is the most painful. The Reason why Men submit to bear the Burthen of Government, is to be actually safe, and to feel secure. What Security against external Force can your People have? The Sea is open to the Fleets of foreign Nations, and an imaginary Line divides you from your Neighbours. Either the States will be friendly, or they will not. If Laws and Oaths, and Aid of all good Men, who will make common Cause of any Violation of their Rights, will not induce you to unite with the States as Brethren, on how much worse Security will you not trust them as Neighbours? Suppose them hostile, encroaching Neighbours, what will protect your State? Not its own Strength. Will they seek foreign Protection? The Idea is delusive. No Nation in Europe would consent to afford it, and all Europe would not long be able. Would all your Property recompence them, if they should? Would a Nation of Slaves—would Armies and Fleets respect your Liberties, more than your own Servants? What is to become of your Proportion of the public Debt? If that should be adjusted without the Voice of your Representatives, and prompt Payment demanded, would the Burthen fall lightly upon your Citizens? The Taxes on consumable Articles will almost imperceptably relieve the States in the Union from the Effects of the War. Supposing the Idea of a Separation to be disdained, as it will be by every true American, then the people of your State must consider the Government as their own. If they are to live under it, and it is clear that they must, Prudence will dictate that they should not lose Time in acceding to it. The News-papers will shew, that almost every Debate in Congress has involved the most precious Interests of Rhode-Island. The Interests of their Eastern
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Brethren are inseparably united with their own. The Aid of your State in Congress has been needed, and earnestly desired. Surely there is no Profit in Delay. On the contrary, you endanger your own Cause—you may defeat your own Wishes. The Reasons why your State should join the Government. The only Reason why it should not, is drawn from the supposed Tendency of some Parts of the Constitution. That very Reason will be found a very strong one why they should accede to it, and that with all possible Expedition. The Business of Amendments is now before Congress. If your People are in Earnest, let them send their Representatives to unite with those who are endeavouring to introduce them. They would be very arrogant and uncandid to suppose, that a Majority in Congress are not as zealously disposed to guard the Freedom of America from Violation as the People of Rhode-Island. But if they are the only People who love Liberty, and who know how to secure it, the federal Constitution, if it is as defective as they pretend, will furnish scope for their Talents. Congress is the Body in which such People may do Good. If they are anxious to improve the Government, why absent themselves from NewYork? If Amendments are not made, who will be less excusable than they? If they object, perhaps the Amendments will not be agreed to. The Answer is plain, they must live under the Government as it is. Surely the Chance of their Adoption is less, if Rhode-Island should be unrepresented. NorthCarolina has even rejected the Constitution, yet they have called another Convention, and will accede beyond Question. Why has that State been blind to the very different Policy of yours? The Example of North-Carolina should be allowed some Weight. The Confidence that some Amendments will be made, has guided them in twice calling a Convention. I trust that the Discussion of the Amendments will be liberally managed, and such as are proper will be inserted. A Motion for the Purpose has been made, and it was urged that it was proper to delay the Consideration for some Time, in order that the States which have been most dissatisfied might be represented. Rhode-Island was particularly alluded to, and it was said to be practicable for the Members of your State to be chosen and sent in short Time. The Motion contains a Bill of Rights, and many Explanations which cannot fail to satisfy any reasonable Man. Accordingly the Business was allowed to subside. You may be assured, however, that it will be resumed as soon as the Government is organized, the Revenue Bill in Operation, and the great Departments arranged. At present, the House is too closely occupied with those Objects to attend to any other. It will not be evaded or delayed a Moment, and it is my sincere Belief that the Amendments will prevail. Thus, Sir, the People of your State have the Alternative plainly before
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them. An honorable Opportunity presents to join the Union. Either they will accede, or they will not. If they accede, the sooner they do it the better. I defy any Man to point out, even upon antifederal Principles, an Advantage that will ensue by Delay. There is Proof, equal to Demonstration, of many Disadvantages and Dangers that will attend it. On the other Hand, if they renounce the Union, they prefer Danger to Safety, Poverty to Opulence. It is thus that Fear makes Men blind: To avoid one Danger, they often rush upon another; and to escape Pain, suffer Death. [Rhode Island] Providence Gazette, 20 June; reprinted at Salem, Massachusetts; Newport, Rhode Island; Hartford, Connecticut; New York City; Elizabeth, New Jersey; Philadelphia and Pittsburgh, Pennsylvania; and Winchester, Virginia. The identity of the author is based on George Benson to Sedgwick, 27 June, quoted in “Other Documents” on that date below. Benson apparently included a copy of the newspaper containing the letter and a report of Rhode Island’s refusal to convene a convention to consider ratification of the Constitution.
Other Documents
Andrew Craigie to Joel Barlow. FC:dft, Craigie Papers, MWA. Place from which written not specified. An excise will be laid and the ways and means will be devised so that “sufficient Revenue is obtained for every purpose.” Thomas Duff to George Read. ALS, Rodney Collection of Read Papers, DeHi. Place from which written not specified. Office seeking: something in Delaware. Charles Guillaume Frédérick Dumas to George Washington. Translation, Item 93, 4:233, PCC, DNA. Written from The Hague. For the full text, see PGW 2:482–83. Office seeking: representative of the United States at Brussels and Vienna; mentions Morris as informed of his situation. Elbridge Gerry to Samuel Henshaw. ALS, Autograph Collection, MH. Addressed to Boston. Will support Henshaw for his former revenue office at Boston; the Collection Bill [HR-6] is “ill drawn & not well digested, & after much debate” in COWH was “referred to a select committee.” Elbridge Gerry to Thomas Melvill. ALS, Melvill Papers, MH. Office seeking: to be a naval officer Melvill must apply to the President; Gerry will render him all the service he can.
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Stephen Goodhue to Benjamin Goodhue. FC:lbk, Goodhue Family Papers, MSaE. Written from Salem, Massachusetts. The scarcity of molasses and not the proposed duty caused the rise in its price; if it were plentiful, the duty would not raise the price for no other article has risen in price because of the proposed duty on it. James Madison to Thomas Jefferson. ALS, Madison Papers, DLC. For the full text, see PJM 12:217–18. Cannot say when Jefferson’s request for leave will be taken up; “Every Step taken under the new System is marked with tardiness; the effect of that want of precidents which give a mechanical motion to business under old establishments”; enclosing the Amendments Madison proposed; expects them to satisfy a majority of the Antifederalists, certainly in Virginia. William Smallwood to William Grayson. ALS, Washington Papers, DLC. Written from Mattawoman, Maryland. Office seeking: Henry Carberry for an army post. GUS, 17 June. Catherine S. [Mrs. F. A.] Muhlenberg and son, John Peter, arrived in New York on June 13.
Sunday, 14 June 1789 Fine (Johnson)
Abraham Baldwin to Joel Barlow You gave us all such a scolding in your last letters for not writing, that I shall write now constantly, merely through fear. I have nothing to write but politicks, and there is enough of that for every day in the week, the circle of our friends does not furnish any thing to my recollection worth communicating, which I have not told you before. We have made but one law yet, prescribing oaths agreeably to 6th art. of constitution. The impost law has passed our house and was yesterday returned from the senate with many alterations. We have bills on the principal executive departments, treasury &c. now before us. We shall abolish board of treasury, and try a minister in that department again; boards are but little better than shingles in such work. We have also in the works a bill containing the machinery for the collec-
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tion of the duties laid in the impost law [HR-6]. A heavy piece of work. The Senate have before them a bill on the judiciary department, in my opinion admirably contrived, my chum Ellsworth has been at work at it night and day these three months. A few days since, Madison brought before us propositions of amendment, agreeably to his promise—to his constituents. Such as he supposed woud tranquillize the minds of honest opposers without injuring the system. viz. “That what is not given is reserved, that liberty of the press & trial by jury shall remain inviolable, that the representation shall never be less than one for every 30,000 &c.” ordered to lie on the table. We are too busy at present in cutting away at the whole cloth, to stop to do any body’s patching. There is no such thing as antifederalism heard of. R.I. and N.C. had local reasons for their conduct, and will come right before long. Montezuma [George Washington] feels well, has two levees a week, and now and then a small circle without form to dine with him. Madame [Martha Washington], Jaff [David Humphreys], [Tobias] Lear & [Robert] Lewis are with him. I send this via Falmouth, in ten days by Bunyan you shall have a packet of newspapers. ALS, Baldwin Family Collection, CtY. On this date, Baldwin also sent a letter to his sister Ruth, Barlow’s wife, relating family news (ALS, Baldwin Collection, CSmH).
Pierce Butler to Thomas Butler Just as I was on the point of Sailing from Carolina, I received Your well written letter of the 20th. of February—In it You tell me that You have commenced parsing Latin Lessons; and also that You read Latin without any trouble—You assure me that You will try to do the best You can I thank my Dear Child—Nothing can make me more happy than your doing so—because I have scarce anything so near my heart as Your distinguishing Yourself for Abilities, Integrity, Candour and purity of mind. I think with Your good friend Mr. [Rev. Weeden] Butler that You do improve much in writing; And as a proof of my approbation please to request of Him to pay to You half a Crown for me—trusting that You will continue to improve so as to write for me when I am not able to write for myself. We arrived here from Charleston the 6th. Instant1 after being fifteen days on Ship board—Our passage was disagreeable—bad weather and high Contrary Winds—You know I suppose what brought Us here—My obedience to the Commands of Your Country—to Attend the Fœderal Legislature as Senater. Believe me my Son, that nothing coud induce me to Continue in publick life but to keep the Door open for Your Entrance I trust You will not only take my place but fill it with more Eclat You must then apply closely to get knowledge in order to qualify Yourself Mr. Butler will point
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out the Road to fame and happiness You have only to pursue it without deviation and be constant in Your progress And may Almighty God who Rules the Wills and Affections of Mortals influence You to pursue steadily that which is right. ALS, Butler Letters, Uk. Addressed to Chelsea near London. Butler addressed his son as “My Dear & tenderly beloved Boy.” 1 Preparations for the Butlers’ arrival began as early as 3 March, when William Constable wrote James Seagrove that Butler had asked him to rent a house for their accommodation (FC:lbk, Constable-Pierrepont Collection, NN).
John Fisk to Benjamin Goodhue *** India voiges will not do, the Lord helps us, as for salt it is very low here, the duty on molasses is high, but you know you cannot be a goverment without money, the only deficulty is to aportion it that each Individual shall bare apart which must cost you time a studdy. For my part I do not fear but all will be well, draw back’ open a door for fraud small Imposts & no draw back’ will in my Opinion will be more benifical to goverment, than the other plann. ALS, Letters to Goodhue, NNS. Written from Salem, Massachusetts. Part of the omitted text relates to an unnamed mutual friend who had not had a letter from Thatcher.
Benjamin Goodhue to Salem Insurance Offices The bill for establishing the duties has come down from the Senate, but the House have not yet taken up the amendments which they have made in it; and whether We shall concur or not is quite uncertain for I have not heard anything said by the members respecting them. the bill for collecting the duties [HR-6] was yesterday after being a considerable time before us in adjusting some of the leading principals thereof committed to a special committee in order to have it in conformity thereto—the Judicial Sistem is reported to the Senate and they go upon the consideration of it tomorrow— I perceive that it is doubtfull with you whither all the duties are to be paid in specie, and whither any provision is to be made for the Owners of Ships which were built in a foreign country—to the first I would observe, that the question has never been before Congress, but it seems their, implied sense, that specie alone shall be received; for the large committee who reported the collection bill, made such a provision, and altho’ that particular clause has not been taken up, I have not heard any person object to it—I do not Know
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what reason the committee had in saying the whole of the duties should be paid in specie, unless it be this, that specie will be wanted to pay the interest of our foreign debt and the common exigences of government, and it is wholly uncertain untill it is tryed how much the duties will produce—to the second I observe, that it is the agreed sense of Congress, that Ships built in Foreign countries shall in every sense be in intitled to the same priveledges as ships built in the United States, that are now the property of our Citizens, this provision was intended by the House and agreed to but as well as I can recollect was thro’ inattention omitted—however the Senate have inserted it, and no apprehensions need be had on that account. ALS, Goodhue Papers, NNS. Addressed to Salem, Massachusetts.
Samuel Henshaw to Theodore Sedgwick I have had the pleasure of hearing that you left Berkshire on Tuesday last on your way to Congress, escorted in high Style by the noble Federalists in your vicinity—I rejoice at their honoring, not only my Friend, but, themselves also. *** Is your Letter to me known in N. York?1 There was a partial, ill-natured extract from it printed by [Thomas] Adams & [ John] Nourse [(Boston) Independent Chronicle] immediately after your choice, which staggared many of your firm friends—But our Friend [Benjamin] Russell printed the whole Letter in his next [Massachusetts] Centinel which not only took of [ f ] the ill impressions made by printing the extract, but raised you higher than ever in the opinion of those whose esteem you value—But I would not have you broach (too suddenly & violently) those Sentiments in Congress—For I guess there must be considerable private management before it will do to say much openly on the Subject—Could Congress be prevailed with to assume the whole debt contracted to carry on the war, it would immortalize them in this State. In consequence of a Letter I recd. from Mr. Ames I have wrote him relating to this Subject—consult him—and consult Mr. Gerry—I advise you to take pains to be on good terms with Mr. Gerry—I am sure you wont find a better Man—a better friend. About ten days since I wrote you inclosed to Mr. Strong—I wrote you also on Monday last—the Letter arrived at the post office on Thursday last—if you have not recd. it, pray enquire after it—I shall be greatly disappointed, if I dont hear from you this week, and I beg you to write me your mind fully & freely on the Subject of my last, & first too—I should not have had a thought of coming forward as a candidate for office had not my Friends here—Friends to the federal Govt. urged me into it—They say much very
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much depends on geting into office, the revenue office especially, Characters who by their past conduct have obtained the confidence & esteem of the people, and who know how to sooth, & paliate the irritable & choleric, instead of insulting & exasperating them with those haughty airs—that insolence of office, which too often accompany Men in such stations—In fact they have been importunate—and I have been Silly enough to come forward—and soon expect to [lined out] have the mortification to go backward again! But if there is no prospect of my Success, I hope my few friends to whom I have wrote on the Subject, will, in mercy to my feelings, bury the whole in oblivion. *** ALS, Sedgwick Family Papers, MHi. Written from Boston. For the full text, see DHFFE 1:739–40. Portions of the omitted text refer to Henshaw’s efforts on behalf of Sedgwick’s election, and to Massachusetts politics. 1
Dated 6 May and printed above.
Jeremiah Hill to George Thatcher I thank you for the Gazette of the united States received Yesterday, but was chagrin’d to see this Port still retaining the old prejudiced name of Pepperrellboro’ in honor to the late great Patriot, Sir William Pepperrell.1 his influence about 20 Years since had that Town set off into a seperate Districk from Biddeford to perpetuate his memory & his Influence caused the Militia Company on that side the [Saco] River to take Rank of the Company in this Town, and I felt sorry that Congress should be influenced by such old Prejudices. I thought by your Letter of the 31st ulto. that your influence would have abolished that old Prejudice & reduced the ports name to its original Primative, I observe that a number of Ports in this eastern Territory retain their original name, query, why could not the port of Kennabunk have been call’d the port of Wells in preference to the port of [lined out] Arundel or the port of Arundel in preference to the port of Wells? Kennebunk is the name of a River that runs between the Town of Wells & Arundel and is as common to both towns as Saco River is to Biddeford & Pepperrellboro’ however I suppose the Matter is settled—and I trust I shall have restraining Grace enough to acquiesce in the divine will. Please to give my kind Love to my good friend Sedgwick if he has arrived at the federal Seat, I think by this time he must have arrived to one of the first Seats in the apostolic order, as he has been purified at least five times.2
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domestic The other day I paid Miss [Mrs. Sarah] Thatcher a visit a la mode de New York and Master Phillips came forward with his Book to shew me how well he could read, I poured a whole volley of praises upon him for his attention to his Book, told him what a fine Man he would make if he learnt his Book well &c. &c. & promise to acquaint his papa with it & recommend it to him to purchase him a new Book & bring home with him for him and he appeared well satisfied with my Encomiums. *** We are all here looking out with earnest expectation for the arrival of the federal System, but as the news papers are silent respecting the Judicial Department, we learn nothing of that part of the System. ALS, Chamberlain Collection, MB. Written from Biddeford, Maine. 1 Sir William Pepperrell (1696–1759) of Kittery Point, Maine, became a military hero for leading colonial militia forces in the celebrated capture of the French fortress of Louisbourg, Nova Scotia, in 1745. 2 A victor in the Hampshire-Berkshire District election did not emerge until the fifth runoff election on 11 May.
Michael Jenifer Stone to Tench Coxe *** I have been sick Ever since I came to New Yorke—The air—The Water—and the Scents of the Town have made War upon my weakly Frame. But I hope to all these (remidiless Evils) I shall be reconciled—I can hardly add any political information to that which you’l find in print—I conjecture we shall not remain here above three or four Months. The Congress will probably rise—and this will then give rise to the Questions—When—and Where shall we meet again? And the Latter will probably animate the Congress more than any that has yet been discussed. *** ALS, Coxe Papers, PHi. Addressed to Philadelphia. The omitted text relates to a private business transaction Coxe had conducted on Stone’s behalf and includes a postscript in which Stone requests that their correspondence continue “tho’ this our business may be done.”
Other Documents
John Adams to William Tudor. See 28 May above, the date on which the letter was written.
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Benjamin Goodhue to Samuel Phillips, Jr. No copy known; acknowledged in Phillips to Goodhue, 20 June. Governor Samuel Huntington to Benjamin Huntington. LS, Huntington Autograph Book, NRom. Written from Norwich, Connecticut. Wishes to be kept informed about any Indian treaty or other proceedings that affect Connecticut’s land in the Northwest Territory. Governor Samuel Huntington to Benjamin Huntington. No copy known; second letter of this date acknowledged in Huntington to Samuel Huntington, 27 June. Theodore Sedgwick to Ephraim Williams. ALS, Sedgwick Family Papers, MHi. Addressed to Stockbridge, Massachusetts. “As to the judicial Bill your objection will probably be a very difficult one to answer. But on that construction so many difficulties will be found to result and so immensely complicated would be the operation that policy dictates the other construction, viz. that the judicial power hath a capacity of being extended to the enumerated subjects in the discretion of the legislature.” George Thatcher to Sarah Thatcher. ALS, Thatcher Family Papers, MHi. Regrets neighbors’ misfortunes; not uneasy at news of another lawyer’s opening a practice in nearby Saco; more praise for Lord Kames’s book on education. Jeremiah Wadsworth to Peter Colt. ALS, Wadsworth Papers, CtHi. Addressed to Hartford, Connecticut. “As to the prices here I do not nor can not know them I am always busiley employed we work much harder than in the Old Congress”; asks if Colt has changed the bail money of Sturges and Knox. Paine Wingate to [Hannah Veazie Wingate]. ALS, Miscellaneous Manuscripts, NHi. Written in the afternoon. A Senator (Maclay) has informed him of the death of the recipient’s relative, David Folsome; hopes to be home in August or September; an account of the President “would fill a folio volume to enumerate all his virtues & excellencies & you can not esteem him too much if your admiration of him is short of Idolatry.” William Samuel Johnson, Diary. Johnson Papers, CtHi. (Dined with?) the Vice President.
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From New York. [Boston] Massachusetts Centinel, 20 June; reprinted in Portland, Maine, and Portsmouth, New Hampshire. The Senate amendments to the Impost Bill [HR-2] “will be acceded to generally—though some suppose further debate upon the subject will take place.”
Monday, 15 June 1789 Fine (Johnson)
William Ellery to Benjamin Huntington *** I am informed that the Gentlemen of this State who belong to the Ohio Company intend to recommend Benjamin Bourn Esqr. of Providence in this State to the President, as a suitable person to succede Genl. [ James M.] Varnum as a Judge of the Western territory. I am acquainted with him. He has had a liberal education, is a man of sense—a lawyer of distinction—is a representative for the town of Providence, a staunch federalist, eloquent, and a man of decent manners. Perhaps Mr. Ellsworth may not be acquainted with his character. You have not yet informed me whether you had taken the letter with you to Congress, which I wrote to you formerly respecting the effect which the reform of the civil list had upon my salary. When the Impost has commenced operation, and begins to be productive I mean to apply for an allowance for the service of a Clerk, during the time of issuing, and hope when I apply to have your assistance. The gentleman [David Howell] you allude to is indeed a considerable courtier For the sake of getting business, and that he might stand fair in the opinion of gentlemen of Congress, he is acting a double part. I hope he will not deceive our elect father [Sherman]. If he should not succeed in business according to his wishes, he may by countenancing the Antifeds, hereafter be appointed a Senator. *** If I could obtain an Office for myself, and my son William under the new government, when this State shall have acceded to it, I shall be content. Please to present my compliments to Mr. Sherman, Mr. Baldwin, and any and all of the gentlemen of Congress who you think may wish my welfare. When do you think the Impost business will be completed? Is the When shall you take up the matter of coin[ing]? A considerable quantity of gold
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dust is imported into this and the State of Massachusetts from the Coast of Africa, which the merchants would be glad to have coined. ALS, Ellery Letters, R-Ar. Written from Newport, Rhode Island. The names in brackets are written in the margin of the letter. Part of the omitted text discusses the prospects for ratification of the Constitution in Rhode Island.
Thomas Fitzsimons to Benjamin Rush *** Last week a proposition for Amendments was brot. forward by Mr. Madison. No Opinion could at the time be formed how farr they were Acceptable but I have reason to think they were thot. both Nugatory & premature I inclose the paper that you may make your Observation. I suppose Next week—they will be considered—We are to day to go on the business of departments & the bills being ready there will not be much difficulty in Getting them thro. the treasury being the Most Important Engages the public attention most I mean as to the persons who are to execute it I suspect extreamly there will not be a Pensylvanian in it—a Secy. or Minister, a Comptroller & Auditor—are the principles—will have extensive Dutys and Important dutys and ought to be men of Superior Capacity in their different lines—these first appointments will not only give a tone to the business—but even a Complexion to the Governmt. I hope a Good one tho I Acknowledge the difficulty of Getting men in all Respects fit is Great—I have been exceedingly Confined by some of our business for many days past which must Apologise for your not hearing from me lately—from 9 till 3 OClock generally—besides that part to be executed at home & my Commercial Correspondence to attend to Engages me fully—I mean this as an Apology—that you may not Concieve I remit of my attention to you. ALS, Gratz Collection, PHi.
William Floyd to Ezra L’Hommedieu I have been here now upward of two months, and Congress were formed near a month before I came, and the first business to which their Attention was turned, was the passing of Laws for the Laying and Collecting the Impost, and you will be Surprised when I tell you that we have not yet passed a Single Law Relating to that matter nor but one Small Law that Relates to any thing else, nearly three months is Elapsed Since that Business was begun, and if I was Judge from what has passed I Should Suppose that it would be near two months more before those Laws will be in Opporation so as to Bring any Money into the Treasury.
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Although you have Seen Business of this kind go on very Slow in Public Bodies, Yet I believe you will not be able to conceive how five months could be Spent in passing the Laws for Laying and Collecting the Impost of these States. *** ALS, privately owned in 1981.
James Madison to Edmund Randolph The inclosed paper contains the proposition made on Monday last on the subject of amendments. It is limited to points which are important in the eyes of many and can be objectionable in those of none. The structure & stamina of the Govt. are as Little touched as possible. Nothing of a controvertible nature can be expected to make its way thro’ the caprice & discord of opinions which would encounter it in Congs. when 2⁄3 must concur in each House, & in the State Legislatures, 3⁄4 of which will be requisite to its final success. The article which I fear most for is that which respects the representation. The small States betray already a coolness towards it. And I am not sure that another local policy may not mingle its poison in the healing experiment. The papers inclosed from time to time mark our progress, or rather our delays in the revenue business. They are to be lamented, but seem unavoidably incident to the first essay on the subject. Subsequent tasks will be easy. I am anxious to hear that Mrs. R.s alarm is removed.1 ALS, Madison Papers, DLC. 1
Elizabeth Carter Nicholas Randolph was concerned that she had cancer of the mouth.
Benjamin Rush to John Adams I have been so long accustomed to regard all your opinions upon government with reverence, that I am was disposed upon reading your last letter, to relax suspend my belief in republican Systems of political happiness; but a little reflection led me again to adopt them, and upon this single principle, that they have never had a fair tryal. Let us try what the influence of general science & religion diffused in early life, will have upon our citizens. Let us try the effect of banishing the latin & greek languages from our country. They consume the flower of human life, and by enabling us to read agreeable histories of ancient crimes, often lead us to imitate them or to tollerate them. Hitherto the factions have been fewer, & less violent in America since the year 1776 than in many monarchies in the same number of years, under
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less irritating, and dividing circumstances. [lined out] Passions which in Europe would have vented themselves in war, here discharge themselves only in newspaper scurrility, or in inflammatory resolves, or addresses. One thing further, my profession has taught me, viz. that the political passions produce fewer diseases in a republic than in a monarchy. Disappointed Ambition in Sweden and in Italy has produced sudden death from colics, & apoplexies— In America, it has scarcely of late years produced a single hypochondriac disorder. In time, I believe the effects of the political passions upon health and life will be still less perceptable in our country. I think likewise our republican form of goverment, has already softned the religious passions. We have less bigottry than formerly—and while there is no court, nor monarch, no mode of worship will be preferred from interested considerations. Do you not think it will be wise better to raise our people to a pure and free government by good education, than to sink to their present vulgar habits by accommodating a goverment to them? Much has been done already to enlighten our citizens—but more much more may be done. What do you think of a federal University, & of English free Schools in every township in the United States? I find we think more alike in your last letter upon a certain subject, than we did in your first. I have a right to believe that the residence of Congress in New York has allways been an object of more importance in the eyes of many people, than the adoption or establishment of the federal Government. Many pious people wish the name of the Supreme Being had been introduced Somewhere in the new Constitution. Perhaps an acknowledgement may be made of his Goodness, or of his providence in the proposed amendments. In all enterprises & parties I believe the praying are better Allies than the fighting part of [lined out] communities. ALS, Adams Family Manuscript Trust, MHi. Written from Philadelphia.
William Smith (Md.) to Otho H. Williams I am now to acknowledge receipt of yours of the 7th with the inclosures. The house after considerable debate & delay have gone thro’ the bill, for the collection of duties [HR-6]; as far as the last enacting clause of the 5th page. And after many alterations & amendments, have agreed finally, to recommit the Bill to a special committee of Seven. I can only say in general that ports of entry only, are exploded, & that the coasts, Bays & harbours of the United States, are to be devided into districts, wh. will consist of Ports of entry & delivery, & Ports of delivery only. Maryland will be devided nearly as heretofore. If I can the districts shall
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be two or three less. The Comptroller at present is Struck out, & Naval Officer inserted. At the following ports To Wit, Boston, N. York, Phila., Baltimore, Norfolk & Portsmouth, Alexand[ri]a. George Town, Charles Town, & Savanna, there is to be at each a Collector, a naval officer, & a Surveyor, I am however inclined to think, that either George Town or Alexa. will be Struck out from those ports that are to have three officers. Connecticut is not yet passed upon, and there will be some other ports added to the eastward. A Surveyor only will be appointed to the ports of delivery only. Mr. Gale is gone to Maryd.1 therefore cannot lay my hands on the draft of the Bill you refer to—The bill for regulating the Tonnage is not yet reported. I think with you, that after all the different bills, respecting the revenue, are brought into one view there will appear so many inconsistencies, that Congress will find it necessary, to form from the whole one general System And after all, the first laws will be found very imperfect, and require explanatory laws every Session, from time to time. *** ALS, Williams Papers, MdHi. Addressed to Baltimore. 1
Gale requested leave until 23 June.
Robert Southgate to George Thatcher Having Received from Mr. King a Letter last Evning under your Patronage for which favour Please to Accept my Gratitude and Excuse the Freedom I have Taken to Convey my Answer to him Under the Same Protection, which you will please to Deliver your Numerous Correspondents in this Part of the Country I have no Doubt give you from time to time Every Kind of Information that is likely to come to my Knowlegdge and my pen you well know never Produces Subjects of Entertainment I will therefore only Mention one or two Matters to you which I think it is probable may have Escaped your Correspondents Scarborough is a Port of some Consequence I think the most so of Any between Portland & Boston that is not a Port of Entry & Delivery I think it would be an Advantage to the Town that it were a port of Entry & Delivery and would Wish your Attention to this Matter— I will next tell you what I have Several times heard observed Respecting yourself and which may Perhaps affect your Interest it is said that you Correspond with Mr. [Samuel] Nason, Doctr. [Daniel] Coney, Mr. [William] Frost &c., and that your Letters have at Several times been Shewn in Such a manner as to Cause Some Pointed Remarks of Gentlemen of an oposite Political Character, such as George Thatcher is Courting Popularity Among the AntiFœderalist &c. George Thatcher will Hurt himself it is but Verry
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Lately I have Heard Any thing of the kind and if nothing of the kind should for the future appear the Knowledge of this I thought could not do you the Least Injury. ALS, Thatcher Papers, MSaE. Written from Scarborough, Maine.
Anthony Wayne to James Madison *** The present situation of this Country from the reiterated depredations of the Indians—on One Quarter—& the insiduous protection afforded our run-away Negros by the Spaniards on the other, are of so alarming & serious a nature as to th[r]eaten this lately flourishing State with ruin & desolation—unless timely Protected by Congress. I am now decidedly of Opinion that we shall never have a permanent peace with the Creek Nation (who are Numerous & insolent) until they experience our superiority or until an Army is Stationed for our Protection. I have been more than once engaged with those Indians—& always proved them Vulnerable—& was I clothed with proper Authority—& the necessary means—(which rests with you) I wou’d engage to raise—organize & discipline A Legionary Corps—in the course of a few months (say by Winter the season for Operation in this Climate)—at the head of which I wou’d pledge myself to Produce a Glorious— speedy—& happy Issue. In fact—a regular force is indispensibly necessary to protect (not only) the Southern States against the Indians—but also the United States from the Ideal & insolent Claim of the Spanish Nation to that invaluable territory lately Ceded to Congress by the State of Georgia, possessing ever[y] possible advantage, that a happy Climate—luxuriency of soil & Navigation can afford—which in addition to other & further Cessions of Georgia & North Carolina—presents a field for National speculation vastly superior to all the Country between the Ohio & Mississipi. These considerations will naturally draw the attention of Congress to this Quarter—& probably induce them to make an Establishment in the Southern District simular to that, which Genl. [Arthur] St. Clair presides over to the Westward—it will not only be an effectual barrier against the Indians & vague Claims of the Spaniards in future, but it will also open an Ample fund towards sinking the National debt, by the rapid sale of Lands superior to any on the Contenent, so that whatever expence may be incured at the first outset—will be more than Counterbalanced by the many Advantages resulting from it, independent of the expediency of a Measure equally fraught with—Prudence—honor—& Justice. ***
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PJM 12:220–22 (ALS privately owned in 1977). Written from Richmond County, Georgia. Part of the omitted text congratulates Madison on his election, laments Wayne’s absence from “the Magnum Concilium of America,” and requests Madison’s thoughts on the subject of the letter. On the same day, Wayne sent a similar letter to Secretary Knox (ALS, Fogg Collection, MeHi).
Other Documents
Oliver Ellsworth to Charles Chauncey. ALS, Chauncey Family Papers, CtY. Addressed to New Haven, Conn. Enclosing copy of Judiciary Bill [S-1] and seeking remarks on it; there will be separate bills to define federal crimes and court processes. Oliver Ellsworth to Richard Law. Copy, Law Papers, CtHi. Duplicates letter above. Oliver Ellsworth to Oliver Wolcott, Sr. ALS, Lee-Kohns Collection, NN. Duplicates letter above. Oliver Ellsworth and William Samuel Johnson to Governor Samuel Huntington. Summary of ALS, Henkels Catalog 1439(1930):item 149. “Congressional business.” James Monroe to James Madison. ALS, Madison Papers, DLC. Written from Richmond, Virginia. For the full text, see PJM 12:219–20. Public opinion here in general is favorable; some think there should be “greater dispatch.” Joshua B. Osgood to George Thatcher. ALS, Chamberlain Collection, MB. Written from Browerfield, Massachusetts. Office seeking: for himself and for Jeremiah Hill. Edmund Pendleton to James Madison. ALS, Gilder Lehrman Collection, NHi. Office seeking: his nephew, Nathaniel Pendleton, Jr., for federal district judge in Georgia. Richard Peters to John Adams. ALS, Hull Collection, DSI. Written from Philadelphia. Have expected too much of Congress; “I am happy to find by your Letter that you are likely to be settled so, as I presume, to have your Family with you. This Satisfaction of mine is on your own Account, for as a Pennsilvanian I do not desire you to be so comfortably settled where you are as
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not to be convinced that you could do better where all Pennsilvanians wish you”; comments on Montesquieu. Richard Marshall Scott to George Washington. ALS, Washington Papers, DLC. Written from Alexandria, Virginia. For the full text, see PGW 2:497. Office seeking: any revenue office; mentions R. H. and R. B. Lee as references. NYP, 16 June. Brown and Sedgwick arrived.
Tuesday, 16 June 1789 Cool (Johnson)
Jabez Bowen to John Adams I Returned yesterday from attending the Genl. Assembly. The great matters on which the ins. & outs differ were bro’t on. we lost The Convention by 11 Votes. The Repeal of the Tender by 9.1 on the whole we gain a little. but our progress is so slow that we shall never arive at our wish’d for point except something like Mr. Bensons motion in Congress, could be obtained.2 it was usual for us to adjourn, till August, but no such motion was made. consiquently the Assembly will not meet ’till October (except calld by Warrant.) in August the Lower house are Re-chosen. we shall do our utmost to make a Change to our wishes—but have no great prospects. The oposition which consists of the Debtors, with the midling & Lower Classes of Farmers continue firm in their oposition. and I am afraid will so Continue Their Leaders keep up a Correspondence with some of the Antifederal members of Congress by which they are encouraged to stand out. our situation is Difficult & verry disagreable and what further steps to take we know not. wish for your Advice & Assistance. I Think it was a great oversight in not putting the old Impost Bill3 in motion the first moment Congress was organized, in that case no time would have been lost. and every one would have been fully heard with patience. From the forme of The Address used by The House of Representatives of the U. States to the President, one would think that the House was composed of a Majority of Quakers, and should we have no occasion to Talk to any Bodyes of Men in the old World. we might make out pretty well. but when the Respectable Republicks of America determin that no Title shall
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be affixed to Their Head, it will be looked upon as a piece of Singularity & oddity. *** ALS, Adams Family Manuscript Trust, MHi. Written from Providence, Rhode Island. 1 References to a state ratification convention and Rhode Island’s paper money law, respectively. 2 On 1 June Benson proposed that Congress recommend to the legislature of Rhode Island that it call a convention to consider the Constitution. 3 The proposed five percent impost recommended by the Confederation Congress to the states in 1783.
William Maclay to Tench Coxe The importance of the law for the Establishment of the Judicial Courts of the United States is so great, that we wish to obtain, assistance in our deliberations, on that Subject, from all Quarters. It is with this View, that I inclose a Copy of it to you. & hope that You will have leisure to bestow some thoughts on the Subject of it. should your Engagements prevent this, perhaps you could place it in the hands of some of your Friends, who would pay some Attention to it. This Bill will be debated in the Senate next Week, and in all probability will take up some time. But Yet any remarks you may favour Us with had better be forwarded as early as possible. neither the impost or Collection Bills [HR-6] are yet passed both Houses. this Slowness of proceedings may seem Strange to you at a distance, it is highly disagreeable to Many that are Present, all I can say with certainty, is that some of Us cannot help it. This I however say without meaning to fix any particular Charge any where. ALS, Coxe Papers, PHi. Addressed to Philadelphia.
Samuel Nasson to George Thatcher *** I was lately told to my face if I had not Strove so hard for your Election I might have been in the Senate I Calld. for an Explanation and was then answered that if I had done the Same for Mr. [Nathaniel] Wells then he would been at Congress and his freinds would have Exerted themselves in my Intrest and I undoubtedly would have had a Seat in the Senate my answer was that I had done my Duty and if my Election Depended upon my Selling my Concience that is if that was the way to gain a Seat and if others took that way to gain one then I thought the post of Honour was a Private Station to which I Cheerfuly Retiared and hope their to remain forever. As to the Inteligence you give me I hope Skipt. over the first part and
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come to what you Say of Amendments you think that they will be agreed two soon or Quick Demised I hope you will be Enabled to do your Duty I am more and more Convinced that they are Nesseray you think that we are in no Dangour from Congress I hope in God they will be keept from doing what will finaly End in the Distruction of our Liberty. I am Convinced that if we allways have men in the house and Senate that feel for the people then we Shall not be in any Dangour nor Should we if we had not a Constitution but Sir I would that we had Such a one that they might not have power to make laws which would affect the Libertys of the people. Go on and make a few more acts and lay Taxes on all the Nessercarys of Life from these you Can raise a revenue as long as people has Mouths or Stomochs that requier food. However I think to tax Superfluiates would do more good and keep the people more Calme I find you oposed the Tax on Molloses and Salt it will affect this part of the Countery more [than] the other as the poor must make Use of More Mollases and Salt [than] the rich I will Endevour to prove that it will tax the poor more then thir perpotion. Take thus a poor man worth five pound and at the Same Time Blessd with twelve Children (for I think that was the Number Jacob had) then a Man worth one hundred pounds with a wife only now the Last aught to pay twenty times as much as the former but none think he must Use Mollose to Sweaten his Coffe his porrage and at the Eastward you know it is Eat with pudding in leu or for want of milk now two gallons wich is but a Small allowance for himself and famely wich at five Cents will pay 6 Dollors taxes whereas the other perhaps will Use 50 lbs. of Sugar and will pay in Taxes about two thirds of one Dollor thus you must See the Sweat turn on Poverty and in the End Devour the poor and Let the rich go away full Contery to that good old word for the rich he Sent away Emty—done fear but you will hear from as often as you Can bare it for I Shall Endevour to Tell you the Truth. [P. S.] I have left out the work [word] honl. but asure your self that if you play the man for your God and the Citys of you God that your name Shall Stand foremost in the first thirty. ALS, Thatcher Papers, MSaE. Written from Sanford, Maine. Part of the omitted text relates to the recent Massachusetts elections.
George Read to John Dickinson As the inclosed Copy of A Bill to Establish the Judicial Courts of the United States is for the Consideration of the Senate upon the Report of their Committee appointed to frame it, Mr. Bassett and myself have thought it
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our duty to transmit the same to you for your perusal & Comments upon it’s respective Provisions, hoping that we may obtain the same in time, before the Senate shall have entered on it’s third reading—the second reading being appointed for Monday next as in A Committee of the whole, after which it is to be gone over on such it’s 2d. Reading in the Senate as a house—therefore Mr. Bassett and myself hope that we shall be favoured in time, with A Return of the Copy and your Observations thereon in it’s Margin. And We must beg the favour of you to give the Attry. Genl. Mr. [Gunning] Bedford [ Jr.] an Opportunity to peruse & Consider this Copy— expecting his Observations also. We are so restricted in our Number of Copies that we cou’d not afford one to each of you. The Establishment intended by this Bill is so important and general in it’s Concern that the Representation of the Delaware State in Congress wish to have the Aid of all that information that You Sir and other Law Characters can or may please to afford [lined out] them on this Occasion. The Same Committee who Reported this Bill are preparing another for prescribing and regulating the Process of those Respective Courts—another Committee are employed on A Bill declaring Crimes & Offences against the U.S. and their punishmts. The Impost Bill hath taken up much time in both Houses—it is now on it’s Return to the Senate with a disagreement to many of the Amendments made there which will probably produce A Conference—The Bill for Regulating the Collection of the Impost [HR-11] is yet in the house of Representatives in an incompleat State—The Minutes of the Senate, which are ordered to be printed Monthly for publication, are now at the Press and the publick papers will disperse them shortly. I came to this place in ill health and continued so for some time—I am now tolerably well recovered and shall be glad to hear of your and your family’s good health to all of whom please to deliver my most Respectful Complimts. ALS, Miscellaneous Manuscripts, DLC.
George L. Turberville to James Madison *** That happy presage that which was form’d on the early operation of the new system I trust will [lined out] not be merely Ideal—we have all the reason in the world to be sanguine in our expectations—and in my opinion the conduct of your house will tend very much to [lined out] satisfy the minds of those who were really fearful of danger to the Liberties of their fellow citizens whilst at the same time it will daunt the boldest of the wicked ones who prey-
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ing upon the Virtuous Jealousies of the first discription, meant to make them the agents of confusion to the only gratification and emolument of themselves—for there are some whose Talents are best fitted to shine amidst disorder and Licentiousness—& there are others whose Circumstances as well as their dispositions impell them to resort to Anarchy as their cheifest good. The remark, that the Idea of releif from the Payment of the Debts due to the British made some whigs in Virginia at the Commencement of the Revolution—if we judge from the Conduct of some of the Characters who owed those debts—since the Peace—will be deem’d (however dishonorable) to be true. As far as I can discover there is a great change in the opinions of many who were deemed Antifederal since the Government has been in force even in this State—and in New York where the Citizens are more have immediately within their [lined out] veiw the Splendour attendant on it—[lined out] personally hear the wise and able arguments of the Members in the house of Representatives—and become generally acquainted with it in all its parts it is not surprizing that the Citizens shou’d discover the Error or the design of those who endeavour’d to deceive them, or to argue them into an opinion—that if the system was either dangerous to their Liberties or incompetent to produce the end of its institution. *** [P. S.] N. B. I am sorry to find the Senate [lined out] governed by [lined out] an attachment to the little pageantry of Titles—& their wish to receive messages from your house by two members—when their secretary was to be the bearer of information to you is of a peice with the Title business. We have it here (not author[it]atively I hope tho’) that They have resolved that the President hereafter notwithstanding temporary fo[r]bearance shall be styled “his highness the President of the U.S. and protector of our Liberties” that their body (the Vice President being called “his Excellency”) shou’d assume the disignation of “right honorable” and also the Speaker of yr. house—& that the Representatives be “honorable.” I hope for the dignity of human nature that this is false—the Arguments made use of in yr. house do honor to you— and must carry conviction to all that who possess real magnanimity. Altho’ some have been malicious enough to attribute the stand made by the Representatives to envy in as much as that they were to gain Nothing by the Novel arrangement—being now stiled by each other in their debates (at least) “The honorable.” Was the senate composed altogether of Gentlemen of similar sentiments with the Virginia representation in that body—I shou’d augur ill indeed from their proceedings—one of our senators in a printed Letter1 hath ventured to predict Aristocratic Oppression from the senate—and the other hath forseen (thro a mist indeed) evils from the strength and energy he supposed unwarrantably existant in the system he
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execrated. Thus situated it is not unreasonable to suppose—that almost in spite of their patriotism—they wou’d feel a natural bias to encrease their personal importance—Validate their former Reasonings—and demonstrate to the World their vast powers of forsight—and depth of skill in finding out by inspiration almost—the consequent effects of untried political Causes. Upon the Subject of amendments, altho I shou’d be happy to know what are thought essential & what are likely to be adopted by Congress—I assure you I am totally unsollicitous for any. Where there is such responsibility— where the public Voice so thoroughly pervades every department of Government—& where age is made the qualification for Office it’s to me is very apparent that the interest of the Ruler & the people of the Representative & Constituent are the same. And beside when it is recollected (& it can never be forgotten) that the government originated with, & was the result of the reason & deliberation of The People—is it possible that it can ever be converted into an Oppression upon those people? for the aggrandizement & benefit of a few—without such a total depravity of manners such corruption—such pusillanimity takes possession of the people as shall fit them like the ancient Cappadocians2 for the [lined out] exercise of Despotic government alone—and at Such a period shou’d it ever arrive (which may heaven prevent) The Constitution with all its amendments will be ineffectual to protect (us or) our posterity from the Evils which will inevitably await them. ALS, Madison Collection, NN. Written from “Epping,” Richmond County, Virginia. For the full text, see PJM 12:222–25. 1 2
Lee to Edmund Randolph, 16 Oct. 1787, DHROC 14:364–72. The people of ancient east central Turkey.
Letter from Providence, Rhode Island, to New York *** We are informed, that the members of Congress are in general pleased with our new revenue act, and look upon it as a favorable symtom of federalism; but I can assure you this is not the case, and it is done with a view to amuse the people, and continue themselves in office a little longer, with the hopes it will be in their power to oppress the federalists, and embarrass the new government, which they are determined to do as much as possible; and unless Congress will adopt some decisive measures, there is little or no prospect of their calling a convention, as you may observe by their conduct in the last sessions, which rose last Saturday, without altering the tender or giving any encouragement for calling a convention; They are adjourned till next October, when there will be a new choice.
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From the above statement of facts, you may judge, as we have nothing to hope from our present rulers, so we have nothing to dread from their resentment, were we to withdraw ourselves and claim the protection of the new government. GUS, 1 July; reprinted at Philadelphia. The letter was printed in italics.
Other Documents
Benjamin Contee to Levi Hollingsworth. No copy known; acknowledged in Hollingsworth to Contee, 19 June, Hollingsworth Papers, PHi. Daniel Cony to George Thatcher. ALS, Chamberlain Collection, MB. Written from Boston. Hopes the House will concur with Senate’s reduction of duty on molasses; “The Best part of the Community in this quarter, (in my oppinion) are highly gratified, that the Amendments, have at this early period, engaged the attention of Congress”; office seeking: Thomas Melvill as naval officer for Boston. John Frothingham to George Thatcher. ALS, Thatcher Papers, MSaE. Written from Portland, Maine. Office seeking: naval officer of Portland; has “some acquaintance” with Dalton, Strong, Goodhue, and Sedgwick, who “may be disposed to favour me.” Benjamin Goodhue to Michael Hodge. ALS, Ebenezer Stone Papers, MSaE. For the full text, see EIHC 83(1947):211. Is happy to report that the House concurred with the Senate’s amendment to the Impost Bill [HR-2] reducing molasses duty to 21⁄2 cents; House amendment to Senate provision for reducing the duty on spirituous liquors “will probably issue in a compromise by adopting a mean rate between” the two Houses. Benjamin Goodhue to Stephen Goodhue. No copy known; acknowledged in Stephen Goodhue to Goodhue, 25 June. Dudley Hubbard to George Thatcher. ALS, Thatcher Papers, MSaE. Written from Portland, Maine. Asks what relation will present revenue officers appointed by the states, especially Massachusetts, have to new officers to be appointed by the federal government; Thatcher’s friends ask if he will attend the state supreme court in July.
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John Langdon to Woodbury Langdon. No copy known; acknowledged in Woodbury Langdon to John Langdon, 6 July. William Maclay and Robert Morris to Governor Thomas Mifflin. Pennsylvania Archives, ser. 1, 2:590–91. Transmits a copy of the Judiciary Bill and invites comments from the governor and supreme executive council. George Read to Gunning Bedford, Jr. No copy known; acknowledged in Bedford to Read, 24 June. Theodore Sedgwick to Samuel Henshaw. No copy known; acknowledged in Henshaw to Sedgwick, 28 June. Henry Sewall, Diary. MHi. Delivered letters to Thatcher, “who was so kind as inclose & frank them, by post, to Genl. [William] Lithgow.” William Samuel Johnson, Diary. Johnson Papers, CtHi. Dined at Benson’s.
Wednesday, 17 June 1789 Cool (Johnson)
Abraham Baldwin to Governor Edward Telfair Your favour of the 2d of May I have just received from Philadelphia. Your conjectures pointed exactly at the place on which we were labouring at the time you wrote. The anxiety to provide supplies to carry on the government, without having recourse to excise or direct taxation has, I fear, carried us rather too high in our Impost law. It is just returned to us from the senate, with their amendments. In my opinion, their amendments are according to the present fashionable use of the word, for the worse. They have lowered the duties one third on rum, wine and such like bulky articles of general consumption, the proper subjects of revenue; and have raised one third on all articles for the protection of American manufactures & commerce. Our house had set that class at seven % cent, the senate has raised it to ten, which is the worst thing they could have done to the bill. These protections and commercial regulations will surely lead us a wild dance. One law only is yet passed in manner & force, viz. a law prescribing the
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oaths agreeably to the 6th article of the constitution. We have now before us a bill containing the machinery for the collection of the impost [HR-11], also bills for the establishment of the principal executive departments. It is agreed that the treasury department shall be again put under the direction of an individual; experience has wrought a very general conviction that a board of commissioners will not answer for that duty. The senate has under consideration a bill for the judiciary department. We have just received from Charleston the disagreeable intelligence of the Indians having renewed their hostilities. We collected all the information we could, and laid it before the President, representing the distressed state of that part of the country, and the importance of immediate attention to their situation. I am sure he will not want a disposition to do every thing for us in his power. ALS, Telfair Papers, NcD.
William Bingham to James Madison I observe by the public Prints, that the Bill for the Establishment of the Impost has returned from the Senate, with considerable Reduction of the Duties on Several Specified Articles. I will not undertake to Scrutinize the Reasons that have urged the Amendments. But, as the Bill is now before the House of Representatives, I will take the Liberty of commenting on that part of it, which limits its Operation to Seven Years. My principal Objection arises from the injurious Tendency it will have on public Credit, whose support Should claim So devoted an Attachment, on the part of the United States. For, whilst other Nations are in the practice of mortgaging their Revenues to the public Creditors, by Specific Appropriations, to pay the Interest, we must follow their footsteps, or by offering a less Substantial Security, Submit to the Consequences of having our public funds depreciated. This will tend in a great measure to raise the market Rate of Interest, of which the public funds are generally the Index—whereas it appears to me very expedient to endeavor, from the Operations of Government, to lower the Interest, which would furnish Opportunities of borrowing Money on Such Terms, as would enable the Public to extinguish Part of the Capital of the Debt, if the Creditors would not agree to a Reduction of their Interest. This financial Manœuvre has been practiced in England various Times, with success, & Interest brought down from 6 to 3 % %. If this Reasoning is just, it becomes an Object of the most important
Abraham Baldwin to Edward Telfair, 17 June 1789, ALS, p. 1. (Courtesy of Duke University Library.)
Abraham Baldwin, painted by Charles Frederick Naegele, 1857–1944, from a portrait by Robert Fulton, 1765–1815, oil on canvas. (Courtesy of the Georgia Museum of Art, the University of Georgia, Gift of F. Phinizy Calhoun.)
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Consequence, for every Government to engage the Confidence of the public Creditors by pledging every security that it has the power of offering. G. Britain, in the famous Act of 17871 which consolidated the Duties of Customs & Excise, Set apart a Sufficient Portion of their Produce to pay the Interest of the public Debt, before any Money could be issued for any other Purposes whatsoever. The Difference betwixt the Value of the unfunded Debt of G. Britain, which is floating in the Market, & has no Specific Appropriations for its Support, & that which is funded on productive Revenues, is always very considerable. It appears therefore to me, that the Funds should be at least coextensive with the Engagements they are meant to relieve. The Jealousy of the House of Representatives on the subject of a perpetual Revenue Law is very natural, from the Character of that Body as constituting the democratic Branch, & possessing exclusively the Power of originating Money Bills—But, it is not found that in England, Laws for the Creation of Revenue, commensurate in their Duration with the Necessity that gave Birth to them, have ever been attended with injurious Consequences. On the Contrary, they have had a Tendency to establish public Credit on a permanent Footing, which, in its Consequences has So increased the Capital Stock of the Country, as to furnish Sufficient funds for the most extensive Operations of Industry, & Views of national Aggrandizement. You will pardon the Trouble I occasion by the Perusal of these few Reflections. AL, Madison Papers, DLC. Written from Philadelphia. The writer is identified by his handwriting. 1
27 Geo. III, c. 13.
George Gale to William Tilghman On Calling here yesterday I fortunately found Mr. [ James] Hollyday with Mrs. [Anna Maria] Gale and all my family very Well We propose staying till Friday Morg. when we shall set out for Talbot. I send you by Mr. James Hollyday’s servant the paper which Contains Mr. Madison’s Amendments—I trust you will think the most of them Innocent and were it not that the Opponents to the Government would might Exult perhaps insultingly would have little Objection to them being Adopted—But when I have the pleasure of Seeing you on my Return ’thro Chester Town I will say more to you on this Subject.
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I Enclose also for your Amusement a Copy of the proceedings of our House as far as they have been printed—You’l Oblige me by furnishing Your father [ James Tilghman, Sr.] & Mr. [ Jeremiah?] Nicols with the perusal of them if they wish it. ALS, Tilghman Papers, PHi. Written from “Readbourn,” Queen Annes County, Maryland.
James Madison to Edmund Randolph The inclosed bill relating to the Judiciary has been just introduced into the Senate. Having not yet looked it over I can say nothing of its merits. You will be a better judge, and such remarks as your leisure will permit, will be acceptable & useful. A very interesting Question is started—By whom officers appointed during pleasure by the Presidt. & Senate are to be displaced? whether the power results to the authority appointing—or to the Presidt. as an Executive function, to the Presidt. who is vested with the Executive power generally, except so far as it is expressly qualified. My present opinion is that the Senate is associated with the Presidt. by way of exception, and can not therefore claim beyond the exception. This Construction has its inconveniences particularly in referring too much to a single discretion, but it is checked by the elective character of the Executive, his being impeachable at all times—and the subordinate officers being also impeachable. His power under this Construction will lie merely in a capacity to remove worthy officers: but experience shews that this is not the prevailing evil, the continuance of the unworthy being the most so. add to this, that his caprice would be restrained, by the necessity of the Senate’s concurrence in supplying the vacancy: and that injured merit would be supported by the public opinion, would attack with probability of success the re-election of the Presidt. and would at least be able to make a party agst. him in the Legislature and to go into one or other of its branches to plague his administration. High as the existing Presidt. stands, I question whether it would be very safe for him even not to reinstate J[a]y or K[no]x &c. on the contrary construction, the Senate must sit constantly— officers would make parties there to support them vs. the Presdt. and by degrees the Ex. power would slide into one branch of the Legislature. On the most favorable supposition it would be a two headed Monster. Excuse the scrawl which a moment only has permitted, the hour of the mail being come. ALS, Madison Papers, DLC. Addressed to Williamsburg, Virginia.
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William Smith (Md.) to Otho H. Williams I have yours of the 18th—in my last I believe I told you, that the collection Bill [HR-6] was recommited; the comee. one of which I am, have met yesterday morning, & proceeded to divide the whole U.S. into districts, Maryland stands, I think nearly as heretofore only Elk river inclusive is added to Baltimore district. At each port of entry & delivery, there will be a Collector only, & at the ports of delivery a Surveyor, a few of the principal ports, one of which Balto. is will be three officers. The duty of the several officers not yet designated, (that is to be done this morning)—The suspicion that some gentlemen in congress had in contemplation to make the interests of all the States bend to the convenience of one or two, perhaps was not altogether groundless. it was contended, that we Should have but one port of entry for Maryland to wit at the mouth of Potomack, or 10 Miles up at St. Marys, but this matter is now give up & from the present appearance, the bill will be more similar to the Maryland laws, than the first plan. The house of representatives have concurd with the Senate in most of their amendments, to the impost bill, except the deduction of the duty on Spirits, they Still adhere to the original bill on that point, a conference will I Suppose take place to adjust that business. I have proposed That for accommodation we Should agree that the dutys as proposed by the Senate should be accepted on all Spirits imported in American Bottoms, And Stand as sent up by our house on Forreign bottoms, this will make about 50 % Cent difference, & would secure to our Merchants the carrying [lined out] trade on that article. Tide & land waiters are done away for the present. The Senate have at length published their Judiciary Bill, I have not yet read it, but have reason to expect it will meet with considerable opposition in our house. I very much regret my not being with you at Eutaw,1 I am heartily tired here with the delays and dilatory proceeding—yesterday the whole day was Spent in debate, whether or not, the president should have the power of displacing the Secy. of forreign Affairs, or only with the Senate’s consent. at near four oClock, there appeard more Speakers Anxious to be heard, than at the begining, therefore the debate to be renewd this morning, & will probably take another day—The President has been indisposed for a day or two past, no levee yesterday, he is now better. *** ALS, Williams Papers, MdHi. Addressed to Baltimore. 1 “Eutaw” was Williams’s estate outside Baltimore, named for the South Carolina battlefield where he distinguished himself for bravery in 1781.
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Jeremiah Wadsworth to Harriet Wadsworth I recieved your letter of by last post & thank you for it. I am so much occupied that it is impossible for me to write so often as my inclinations dictate. as business grows up every day—my time will be more and more occupied & I can write less to my dear friends but I still hope in all June to see them! I am very well & have rarely any Head Ach—My love to Your Mamma [Mehitable] Aunt Sister [Catherine] & Brother [Daniel] Tommy & Julia & Fanny. I should like to hear that you have made some disposition of your time as to be regular in your applications to learning & business as well as in your pleasures & diversions—I think it will be absolutely necessary to regulate your Hours of receiving Visits & to be able to command your own time—I am [blotted out] very impatient to come home. it has been so long since I expected to be able to do so that I am quite out of Patience. ALS, Wadsworth Papers, CtHi. Addressed to Hartford, Connecticut.
James Warren to Elbridge Gerry I have lately been very Unwell or should have not failed to acknowledge before now the receipt of yours of the 9th. May. & to Express my Obligations for the Attention you have paid to my Affairs. Mr. [Benjamin] Walker in his Statement has drawn a Curious picture of our Books which if well founded must make us, & our Bookeeper very ridiculous indeed. I am Inclined to suppose & I should not wonder if there were some Inaccuracies in our Books (tho’ Mr. [ Joseph] Henderson will not Admit such A Supposition at all) but the Statement he has given is not in some Instances founded in facts. he may in the Course of such a large Transaction Conducted in a hurry, pick out some Instances where his Observations may apply but I am Certain they will be few & of trifling Consequence The Cash Account his Querulous & Captious predecessor acknowledged was Compleat & well vouched by a receipt for every Article of Charge & I think I am certain it is so. The Truth is this is A remnant of the Persecution I have suffered for some time. not satisfied with its operation here, it is Extended to New York & is virulent enough to follow me to every quarter of the Globe, thus situated I must submit while Others have had no difficulty in Obtaining settlements, & paid much larger Ballances than I have any reason to suppose due to them. You seem to go on smoothly with your revenue System and if practice Coincides with Theory will soon have a revenue sufficient for every purpose. Time will shew the success. We are all submission to the Wisdom of Congress, & perfectly Acquiescent to every Measure without a Murmur or a Groan, this is certainly the Golden Age returned to Bless the Western
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Hemisphere when every Man setting under his Vine, & figtree1 can read the History of your proceedings without any Emotions or feelings but those of Curiosity or Amusement. No Body can say that the Constitution has not full Scope to Operate on its principles, Federals and antifederals are agreed in their Wishes that it may take its range. my Curiosity is Excited to see the Nature & Effect of Mr. Maddisons plan for amendments. I suppose we shall soon have the one & be in some measure able to Judge of the Other. I wish to know in the mean time how you Calculate the amount of your proposed revenue & that of your Expenditure & whether it is supposed that your Impost & Lands will be sufficient without takeing the Excise You say your Stile is Courtly. I am certainly think it is. Republican principles & Virtue have a Trial which While I regret, I can easily beleive you feel as sensibly as any Man in your Body. Are you on Terms of Confidence with the V.P. or—or— or. it is dangerous to Ask questions & more so to make Observations. I shall reserve both till I see you when I shall do both without hazard or reserve. ALS, Gerry Papers, MHi. Written from Plymouth, Massachusetts. For more on Warren’s claim, see DHFFC 7:1–4. 1
I Kings 4:25.
Other Documents
Governor Samuel Huntington to William Samuel Johnson and Oliver Ellsworth. ALS, Gratz Collection, PHi. Written from Norwich, Connecticut. “Your proposed Intention of forwarding the Journals of the Senate, will be usefull & very acceptable”; will transmit copies of some state statutes as they are printed. Richard Henry Lee to Richard Parker. No copy known; acknowledged in Parker to Lee, 6 July.
Thursday, 18 June 1789 John Adams to James Sullivan I have received your favour of the 10th. and am obliged to you for a free Communication of Your Sentiments upon some important points. The situation of Rhode-Island, North Carolina and Vermont, must be disagreable to themselves as well as to thier neighbours. Congress is not inattentive to either—What measures they may think proper to take is as yet to be determined—It is reported here that the Minority in Massachusetts are encouraging the majority in Rhode Island—A speach from the
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President, a Resolution of the House or senate or both, have been thought of and proposed, but there are different sentiments concerning the Wisdom and the effect of Either—But there is no difference of opinion concerning the Conduct of Rhode-Island—They are betraying the Rights and Interests of New England every day; and their fault is less Criminal than that of Massachusetts-Men who countenance and encourage them. You must be enough acquainted with American Politicks to perceive that the members of the middle & the south, will not be unanimously Zealous at this moment to give N. England two additional senators. If the new Government has dominion enough over the minds and Hearts of Men to Maintain its ground in the states that have accepted it—RhodeIsland will come in, if not, the other states will go out, and the Government will expire. Our Eastern friends seem to have reason to desire a Port of delivery Eastward of Portland, but that Bill is not yet digested—The members from that Part will endeavour to obtain what is reasonable, and I shall be glad to throw in my mite of assistance to them, in any thing in my sphere. FC:lbk, Adams Family Manuscript Trust, MHi.
George Clymer to Benjamin Rush I received yours this day with Captain French’s1 petition which I will lodge in the morning with the President, conceiving this case to come within the province of the Executive. I don’t know where has been the greatest neglect between us but I catch at your letter as a provocative to write you—The impost has not yet taken its complete shape, but enough of it is seen to pronounce upon it, and I am afraid there are some of its features you will not like—Among the expected glories of the Constitution, next to the abolition of slavery was that of Rum, but melasses has shipwrecked New England Virtue and we must look to a day still more distant for the promised blessing—some hope there is however that a congressional excise will reach the distillations, if not the states must individually defend themselves against the poison. In another view Penna. need not complain of the bill, for many of her manufactures will be tolerably well sheltered under it. To this knotty business has just succeeded another—It has for three days past been maintained by Gerry &c. that in the removal of officers the president has constitutionally but a divided power—this position tending to the utter subversion of the executive has been combated with the utmost force of Madison and Ames, yet they still hold out against eloquence and reason and have asked another day—I think I see however a clear majority against them.
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The president has been ill for some days but is I hear better—there are various accounts of his disorder at first it was spoken of as bilious or aguish, now as inflamatory. Some of the points above spoken of being fully settled I shall then hope to see home for a short time which I fervently pant after, esteeming my sojournment here as the a most painful exile scarcely alleviated by a due sense of the errand I am upon. When we shall adjourn I know not, ’tho I believe many people will in a few weeks be as impatient as myself—but this uncertainty would not so much teaze me if I could have much expectation that the adjournment when it comes would be a removal too, but of this I can say nothing—the people here presumptiously call their town the Capital, I don’t suppose this folly will be suffered to last very long, the prevailing wish being to create a town for the permanent residence. Not having found H[torn]2 or any of the other Pennsylvanians so intelligent upon the subject prospect of a Convention as I expected, I will be obliged to you for a line on that subject, should I not meet you in a few days. Tis now just midnight. ALS, Gilder Lehrman Collection, NHi. Addressed to Philadelphia. Dated from internal evidence including Clymer’s notation, “Thursday night,” in the margin of the last page. 1 For detailed information on Philadelphian Robert French, held prisoner in St. Croix, and his wife Mary, see PGW 2:122–26n. 2 Clymer probably was referring to Heister, whose influence with German Pennsylvanians he and other advocates of a convention to draft a new constitution for Pennsylvania had been soliciting. Hartley is the other possibility.
Tench Coxe to James Madison I observe you have brought forward the amendments you proposed to the federal Constitution. I have given them a very careful perusal, and have attended particularly to their reception by the public. The most decided friends of the constitution admit (generally) that they will meliorate the government by removing some points of litigation and jealousy, and by heightening and strengthening the barriers between necessary power and indispensible liberty. In short the most ardent & irritable among our friends are well pleased with them. On the part of the opposition, I do not observe any unfavorable animadversion. Those who are honest are well pleased at the footing on which the press, liberty of conscience, original right & power, trial by jury &ca. are rested. Those who are not honest have hitherto been silent, for in truth they are stript of every rational, and most of the popular arguments they have heretofore used. I will not detain you with further remarks, but feel very great satisfaction in being able to assure you generally, that the proposed amendments will greatly tend to promote harmony among
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the late contending parties and a general confidence in the patriotism of Congress. It has appeared to me that a few well tempered observations on these propositions might have a good effect. I have therefore taken an hour from my present Engagements, which on account of my absence are greater than usual, and have thrown together a few remarks upon the first part of the Resolutions. I shall endeavour to pursue them in one or two more short papers. It may perhaps be of use in the present turn of the public Opinions in New York state that they should be republished there. It is in fed. Gazette of 18th. instant.1 At some future day I should wish the powers of the general government extended to the declaring in what places canals may be cut, without giving them the power of providing for the expence, but at present this would be a dangerous Idea. I much doubt whether the federalists of N. Cara. would consent to adopt the constitution, if it contained such a power. You will see however infinite advantages, both pecuniary & political in a canal at the dismal Swamp in Virginia, and another at the head of the Delaware peninsula. The article in our late papers relating to the trade of aux Cayes [Les Cayes] & two other ports in Hispaniola is very important. I understand from the french Consul2 that his brother [François, marquis de Barbé-Marbois] & the Gover. general [de Chilleau] having on late visit to the South part of the island, found that it was of great natural value, and but indifferently improved by reason of the inattention of the french Merchants to a poor new settlement, they determined on this Measure for the advancement of it. Tis a politic Measure & as they will take our flour, pork &c. and give us sugars & coffee it must prove very beneficial to Us. I cannot comprehend the late alteration in regard to cotton. The papers say it is to be introduced among the free Articles with a duty of 3 Cents % lb. This is a contradiction. I have urged strongly to several Members of the two houses who have written me on the impost the necessity of making it free. Tis the only article to which labor saving Machines can be applied— and it may be encreased by the planters & importers to any quantity, while wool is limited and flax is unfit for winter uses. Gold & silver leaf are dutied 10 % Cent, I suppose upon sumptuary principles, but the makers of frames, girandoles &ca. in Europe will send us their wares free of that duty, while our workmen in that line will be injured by paying it. The duty on plate, plated ware and lace appears to be very proper, but I confess I do not approve the addition of Leaf. It appears more important as operating against the proper principles of the law than in Value. I observe in the debates it has been urged that the rates of impost have been complained of as too high—and this by the Merchants. You may be assured, Sir, that is not the case here. My attention has been particularly called to this point from my profession, & from the letters I have recd. from our
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Members, and I do assure you that little either of clamor or argument has appeared against the duties proposed in your house. ALS, Madison Papers, DLC. Written from Philadelphia. 1 A sequel, also signed “A Pennsylvanian,” appeared in the [Philadelphia] Federal Gazette on 30 June; it was reprinted in NYDA, 3 July. 2 Pierre François Barbé-Marbois succeeded the marquis de Barbé-Marbois as French consul at Philadelphia in 1785, upon his older brother’s reassignment as intendant at St. Domingue.
Frederick A. Muhlenberg to Richard Peters By Col. [Sharp] Delaney I have the Honour to transmit You a Sett of the Minutes of the House of Representatives, as far as they are at present printed, and if You will be at the Trouble of having them filed I will transmit the preceeding Sheets as fast as they come from the press. I also inclose the Bill to establish the judicial Court of the U. States as the same was reported to the Senate by a Comittee appointed for that purpose. A considerable Time I presume will elapse before the same is passed in the Senate & transmitted to our House, if Your Time will permit to favour me with Your Observations thereon you will lay me under particular Obligations. We have these two Days past had a very important and interesting Debate on a Motion to strike out the Words: “to be removeable by the president,” in the bill for establ[ish]ing the Department of foreign Affairs. The Question will probably be decided this Day, and I sincerely wish & hope the words may not be struck out, as without them I should consider the Act very imperfect indeed. The Antis now begin to discover themselves, and they are on this Occasion bringing their whole force to a point, I think I see an antifederal Monster growing, which if it should gain Strength will I fear interrupt the Harmony with which we have hitherto proceeded. ALS, Peters Papers, PHi. Carried by Sharp Delany.
Peter Muhlenberg, George Mathews, and Josiah Parker to Governor Beverly Randolph We do ourselves the honor of incloseing you a Resolve of Congress respecting the Cession of Virginia to Congress, By this Resolution untill measures are taken by the State of Virginia in conformity thereunto. the officers of the Virginia line not yet provided with lands may probably be intirely
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prevented from receiveing that compensation which the State so liberally granted them. to you Sir as Cheif Magistrate of the state, consequently the protector of the Rights of your Citizens. we as part thereof request your Excellency, will please to take such Steps on the Subject as you may deem expedient. to have that justice done to the Officers of the Virginia line which your laws and their claims intitle them to. Being in Congress at this time ourselves and knowing this subject better perhaps than other officers, emboldens us to make this request; resting ourselves perfectly satisfyed that you will introduce the Subject to the next Session of Assembly. who I trust will be as ready as yourself to do justice to your own Acts as well as your Citizens who have Cause of complaint. ALS, Executive Papers, Vi. The enclosed resolution, dated 17 July 1788 and beginning, “that the Executive of the State of Virginia be requested to inform Congress,” is printed in DHFFC 6:2016. Although representing different states in Congress, Muhlenberg, Parker, and Mathews had served together in the Virginia Line of the Continental Army: the first as colonel of the 8th Regiment, 1776–77, Mathews as lieutenant colonel and then colonel of the 9th Regiment, 1776–78, and Parker as major and then colonel of the 5th Regiment, 1776–78.
Nicholas Pike to Benjamin Goodhue I was this day honored with your most obliging Letter of the 11th. Instant. Your kindness respecting [my] Petition1 [has] laid me under very great Obligations, of which I feel gratefully sensible. I think the Duty on Melasses is now full low. As you are so kind as to attend to my matters, I beg leave to suggest one thought, which escaped me, when I did myself the honor of writing you last; Vizt. As it may possibly, & probably indeed, happen that there may be a Necessity of Abridging original Works: May not such an Abridgment be confined to the Author of the Work, by the Act now forming; or, in other Words, May not the Author of any Work, & he only, be allowed by this Act, to abridge his own Work, & still have the Copy-right of the Abridgement (by sd. Act) secured to him without any further conditions to be complied with, should any be required by this Act? I do not know but what I have now suggested may be entirely superfluous; if so, the suddenness of the thought must be my Apology. Wishing you the smiles of heaven. ALS, Letters to Goodhue, NNS. Written from Newburyport, Massachusetts. 1
See DHFFC 8:30–31, 33, 36–37.
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Caleb S. Riggs to John Fitch In compliance with the promise I made You in my last I have made farther enquiries about the state of Your business, and am informed by the Clerk of the house of Representatives, this morning, that Your Memorial is committed to a Committee of whom Mr. Chadwaleder of New-Jersey Mr. Huntington of Connecticut are members and who else I am not informed— He tels me they have not reported upon it, and also ads that he conceives they will not report upon Your Memorial particularly, but will take up the subject in a more extensive view, and report a Bill, or an opinion, how far and in what manner exclusive rights and emoluments, and what gratuity if any should be given to the inventers of new arts and discoviries—But it is his opinion that the business before them will not admit of their attending to it very shortly—thus stands the matter as far as I have any information respecting the matter, under these general notions You will be able (if they are true) to adjust Your plan so as to meet them in their operation. ALS, Fitch Papers, DLC. Addressed to Philadelphia. For more on the petition, see DHFFC 8:39, 51–55.
Theodore Sedgwick to Benjamin Lincoln I arrived in town only on Monday and am yet quite a novice, I should have wrote you the first day of my arrival but a lameness in my wrist prevented. From each Gentle man having brought with him a system in almost every great subject, there will be found immense difficulty in procuring a union of opinion in almost any. We have now a subject of the highest importance before the house— whether the heads of the great departments shall be removable at the pleasure of the president? I presume the right side will be a majority in the house. A vast many very important subjects must come before the Legislature, which have not as yet been touched. What think you of an excise, will it not be indispensible? of the assumption of the state debts? is it not absolutely necessary to the free and unshackled operation of the government? The funding of the debt perhaps may be defered untill another session but it must become an object of discussion. When I began to write my intention was only to propose to you to consent to a free, friendly & confidential correspondence. ALS, Lincoln Papers, MHi. Addressed to Boston.
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Theodore Sedgwick to Eliza Sedgwick I write you only my dear little Girl to give you information that I am just now arrived in this town, and to request that you will be kind enough to inform me by frequent opportunities of your health and happiness. I cannot however conclude without thanking you my good child for the improvements you have made since you have been from home. Accept, my love, my sincerest wishes that every species of happiness may attend you thro’ life, and only please to remember that this depends on your own disposition and conduct. The knowledge I have of your improvements arises from the pretty letters I received from you before I left home. May the almighty bless you prays most fervently your ever affect[ionat]e. Papa. ALS, Sedgwick Papers, ICHi. Sedgwick misdated the letter as 18 May. The letter is addressed to the care of the Reverend Simeon Howard.
Theodore Sedgwick to Pamela Sedgwick I should have wrote you on the first day of my arrival, which was monday, had it not been on account of my wrist, which is now indeed almost well altho somewhat stiff. I came to Poughkeepsie in the stage where that broke down, and I was obliged to stay untill saturday before I could obtain a comfortable passage by water. I found myself received here with a degree of satisfaction I had little reason to expect. Mrs. [Theodosia] Burr is gone to Pensylvania with her Daughter, who I am happy to hear is in a much more comfortable state of Health than she was. I have not yet procured Lodgings, because I wish to have time to look about me and to provide such as may be agreable. I have not as yet called on Mrs. [Sarah Wentworth?] Morton owing to that round of ceremony in which I am compelled to be engaged. Nor have I yet seen the President who has been very unwell but is now thank God much better: This you are to consider meerly as the commencement of my correspondence and therefore will be pleased to excuse the manner. It is I think very probable that congress will have a recess in the fall. May the almighty bless you my dearest love, I hope it may not be inconvenient to you to come down towards fall in which case I shall attend you hence. ALS, Sedgwick Family Papers, MHi. Addressed to Stockbridge, Massachusetts. The salutation reads, “My dearest Pamela.”
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Other Documents
John Adams to Richard Peters. FC:lbk, Adams Family Manuscript Trust, MHi. Written from “Richmond Hill,” near New York City. “I am settled on the beautiful banks of the Hudson and expect Mrs. [Abigail] Adams daily—Tho I shall be as happy as a Priest, I shall have no objection to as good a Residence on the Schuylkill or Delaware, if my superiors should command me to remove”; hopes deliberations are not interrupted with the question of the seat of government. Samuel Barrett to George Washington. ALS, Washington Papers, DLC. Written from Portland, Maine. For the full text, see PGW 2:33–35. Office seeking: keeper of federal judicial records or anything else; mentions Adams, the Massachusetts delegation, Johnson, Sherman, Sturges, Wadsworth, and Trumbull as references. Samuel Holten to Benjamin Goodhue. See 13 June, above. Thomas Jefferson to James Madison. ALS, Madison Papers, DLC. Written from Paris. For the full text, see PJM 12:241–42. Developments in the French Revolution; will return to the United States as soon as he receives permission. Richard Henry Lee to Mann Page, Jr. No copy known; acknowledged in Page to Lee, 23 July. Jeremiah Wadsworth to Amariah Jocelin. No copy known; acknowledged in Jocelin to Wadsworth, October 1789. John Walker to James Madison. No copy known; calendared in the lists, probably kept by Peter Force, in Madison Miscellany, DLC.
Friday, 19 June 1789 Hot (Johnson)
John Adams to Benjamin Lincoln I am honoured with yours of the 30th. of May, and find We are well agreed in opinion in all points. Nothing Since my return to America, has alarmed me So much, as those
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habits of Fraud, in the Use of Language which appear in conversation and in public Writings. Words are employed like paper money, to cheat the Widow and the fatherless and every honest Man. The Word Aristocracy is one Instance, ’tho I cannot say, that there is no colour, for the Objection against the Constitution, that it has too large a Proportion of Aristocracy in it; yet there are two Checks to the Senate evidently designed and prepared, the House of Representatives on one Side and the President on the other. Now the only feasable remedy against this danger is to compleat the Equilibrium, by making the Executive Power distinct from the Legislative, and the President as independent of the other Branches as they are of him. But the Cry of Monarchy is kept up, in order to deter the People, from recurring to the true Remedy, and to force them into another which would be worse than the disease. i.e. into an entire relyance on the popular Branch, and a rejection of the other two. a remarkable Instance of this, I lately read, with much concern, in the Message from the Governor to the House.1 The attention and affections of the People are then turned to their Representatives only, and very artfully terrified with the Phantoms of Monarchy and Despotism. Does he mean to insinuate that there is danger of a Despotism? or of Simple Monarchy? or would he have the People afraid of a limited Monarchy? in Truth Mr. H[ancock]. him self is a limited Monarch. The Constitution of the Massachusetts is a limited Monarchy. So is the new Constitution of the United States. both have very great Monarchical Powers; and the real defects of both are, that they have not enough to make the first magistrate, an independent and effectual Ballance, to the other Branches. But does Mr. H. mean to confound these limited Monarchical Powers, with Despotism & Simple Monarchy which have no limits? Does he wish and mean to level all Things and become the Rival of General Shase [Daniel Shays]? the Idea of an equal distribution of Intelligence and Property, is as extravagant as any that ever was avowed by the madest of the Insurgents, another Instance of the false Coin, or rather paper Money in Circulation, is the Phrase, “confederated Republick” and “confederated Commonwealth.” The new Constitution might in my opinion, with as much Propriety, be denominated judicial Astrology. My old Friend your Lt. Governor [Samuel Adams], in his devout Ejaculation for the new Government, very carefully preserves the Idea of a confederated Commonwealth, and the independent States that compose it.2 Either his Ideas or mine, are totally wrong upon this Subject—in Short Mr. A. in his Prayer and Mr. H. in his message, either understand not the force of the Words they have used or they have made the most insidious attack on the new Constitution that has yet appeared. With two Such popular Characters at the Head of Massachusetts so near to Rhode Island: with Governor [George] Clinton at the head of N.Y. and Governor [Patrick] Henry, in Virginia so near to N. Carolina: there is some
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reason to be jealous. a convulsion, with Such Men engaged openly or Secretly in favour of it, would be a Serious Evil. I hope however that my fears are groundless—and have too much Charity for all of them, to imagine that they mean to disturb the Peace of our Israel. Mr. [Samuel] Henshaw like all others must apply to the President, if he has any Views of Employment. He has never communicated to me any desire of any Thing. I believe him to be a very worthy man. This Letter is very free, and of course confidential. We have got down Molosses to two and an half Cents: but I was obliged to reduce it, the senators being equally divided. But when they saw that I had reduced it to three Cents, they took the Resolution to take away the Drawback on Rum, and reduce Molosses half a Cent lower. They have not been very Severe upon me for what they call my Partiality for the Eaters and Distillers of Molosses. ALS, Fogg Collection, MeHi. Addressed to Hingham, Massachusetts. 1 Governor John Hancock’s speech to the Massachusetts legislature on 8 June was printed in the [Boston] Massachusetts Centinel, 10 June. 2 In his address to the Massachusetts legislature on 27 May, accepting election as lieutenant governor, Samuel Adams expressed “a devout and fervent wish that gracious Heaven may guide the public councils of the great confederated commonwealth, and the several free and independent republics which compose it” (Harry A. Cushing, ed., Writings of Samuel Adams [4 vols., New York, 1908], 4:328).
George Clymer to George Washington I have just received from Philadelphia the inclosed petitions of Captain Robert French and his wife, both of them addressed to the President and Congress, but conceiving the case to come entirely within the province of the Executive I have thought it my duty to lay them before you; only observing that the persons who have recommended the Petitioners case to the consideration of government are of the most respectable characters. ALS, Item 78, PCC, DNA. For the enclosures, dated 24 April and 15 June respectively, see PGW 2:122–24 (Robert) and 2:124–25n and Item 78, PCC, DNA (Mary).
Thomas Dwight to Theodore Sedgwick Several fortuitous circumstances have prevented my offering you more early congratulations on your appointment to Congress—you will gratify me highly in believing that no one can experience a more heartfelt satisfac-
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tion in the event than your friend—altho personal attachment may be in me, the greater source of such feelings yet I am not without vanity enough to believe that some part of the pleasure is derived from the consideration of public good. Had your competitor [Samuel Lyman] arisen to office upon the disgraceful means used for the purpose of his election I should have pitied even his own dupes & should have felt it as the triumph of vice over virtue. but I desire to thank God for the joy I feel, that the position is so happily reversed. Our Genl. Court are talking about & about the State debt—quarrelling about modes of paying it, when in fact a majority I suppose are determined to avoid any mode of providing for it—it is a blessing to us that they have no farther management of Continental business. You will excuse me for thus far trespassing on that time which maybe is devoted to objects of greater importance. ALS, Sedgwick Family Papers, MHi. Written from Springfield, Massachusetts.
Thomas Hartley to Jasper Yeates I arrived here on Friday Night last—and came in Time to vote on all the Bills—which have been brought forward except the one for Taking the Oath, which is the only one that has passed into a Law. The Congress have been engaged in great National Objects the Discussion of which has taken much Time. The Senate have reported the Judiciary Department, but the Bill has not yet been officially sent to us—I will endeavour to procure a Copy and forward the same to you—and in such Case I beg to have your Sentiments upon it as fully as Circumstances will admit no Expence will attend the Communication. Since Tuesday we have been engaged in Considering a Clause of a Bill for establishing the Department of Secretary for Foreign Affairs—to wit “To be removeable from Office by the President of the United States.” There has been much Debate and as my Mind has made been made up for two Days I take this Oppertunity as [lined out] when Gentlemen are repeating what has been said over and over again, to write to you and shall give you the Determination as soon as the Question is put There has been much Difficulty concerning the Impost Bill—The Duty upon Molasses had been reduced in the Senate—and that with other Amendments was sent down to us—the Reduction in that Article was also carried in our Body by a very small Majority—in other respects the House of Representatives were pretty unanimous [lined out] but we have disagreed to the greater Part of the Amend-
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ments proposed by the Senate—yet we are told that the Senate will nearly meet Us—and perhaps a Conferrence will pass the Act in a few Days. So many local Interests—& so many Prejudices—to be reconciled we may readily suppose that Decisions in Congress at least in An Infancy— cannot be very speedy—It is a great School for Improvement—I wish I may approach [lined out] A greater Degree of Perfection myself. I shall at least study to understand my Duty and endeavour to practice it. I must trust to you and my other Freinds to do my [me] Justice in my former Profession whilst I am here as I immagine it will not be in my Power to attend the next Court at York. tho I think I shall have little opposition agst. my going to see you in the Fall. The Question was put upon the Clause above referred at 2 OClock p.m. and carried by 30 agst. 20 that the Clause shall stand. this was a very cardinal Point—upon which the Happiness or Misery of this Country much depends. The Responsibility of the President is much established and tho’ the Senate may have a Negative upon the Persons he may nominate it yet if from their Cabals proper Men cannot be brought forward—he will have it in his Power to remove such improper Persons as soon as he discovers their unfitness—The Arguments have been very lengthy—you will find most of them in the News-papers from Philada. next week. P. S. The President has been poorly. but has got much better & so far as I can learn is out of Danger. ALS, Yeates Papers, PHi. Before sending the letter after 10 a.m. on 21 June, Hartley added a second postscript, calendared under that date, below.
William Smith (Md.) to Otho H. Williams I have only to advise that we are proceeding very slowly in the collection bill [HR-11] which is not yet brot. into the house, it has already undergone much alteration; but what perhaps may be more material for you to know, is a determination in the senate yesterday, after two days Solemn debate, That they will give their assent, or dissent, to the presidents nomination for office, by Ballot only. this mode, some people think will afford an oppertunity to Cabal, & thwart the president much as the members may Skulk concealed, it is certainly unworthy that body, who ought to act above board & in view of the whole United States. this circumstance may greatly affect the appointment to office which will probably be made by bargain & Sale, at some future day. Our house have Spent three days, on A motion for Striking out of the Bill for establishing a department for foreign affairs, the presidents power of removing the Secretary without the consent of the Senate, no
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question has been so warmly agitated, I much question if it is finally decided this day—The president has been much indisposed for some days past, he was something better last evening. I have not heard this morning, I hope he continues better, were we to be deprived of his influence I much fear no other man could hold us together. You will precieve the Views that must have governd the Senate in their determination on the question for Voting by ballot, I conceive it will throw the appointment of officers intirely into their hands, by negativing as many of those Nominated as they may choose to set aside, to make room for friends & dependants. and how easy will it be for a very few designing men to Agree with each other & always overset the candid undesigning part of that body, who will never condescend to cabal or intrigue. ALS, Williams Papers, MdHi.
Letter from Virginia to New York City We are sorry to observe in the proceedings of Congress, with respect to the duties, so many local prejudices advanced, and so many delays in finishing the business, which only ought to have been a temporary law, to be amended every year as circumstances might have altered. There are several articles of import omitted, particularly playing cards, which certainly are a luxury, and ought to be taxed high, as they are by our state, viz. 7/6 per dozen, in Pennsylvania the same sum, and in New-York I think one dollar. I hope the Congress will revise the duties, and make that on cards at least one dollar per dozen. We find here, that the state duty has raised the price very considerably, and if the impost were general, a considerable sum might be raised from them. Be pleased to give some of our great men a hint about the cards. NYDG, 30 June.
Other Documents
John Adams to Benjamin Rush. Alexander Biddle, Old Family Letters (Philadelphia, 1892), pp. 39–40. On republicanism. Tristram Dalton to Michael Hodge. No copy known; mentioned in Dalton to Hodge, 21 June. Richard Henry Lee to Richard Parker. No copy known; acknowledged in Parker to Lee, 6 July.
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Theodore Sedgwick to Ephraim Williams. ALS, Sedgwick Family Papers, MHi. “I find that the violent opposition which was made to my election and the length of the contest have been at least advantageous to the personal distinction with which I am treated”; molasses is reduced to two and a half cents a gallon; executive departments are under consideration; the important question is whether removal from office should be vested in the president alone. Jonathan Titcomb to George Washington. ALS, Washington Papers, DLC. Written from Newburyport, Massachusetts. For the full text, see PGW 3:56–57. Office seeking: naval officer for Newburyport, Massachusetts; mentions Dalton, Strong, King, Gerry, and Goodhue as references.
Saturday, 20 June 1789 Hot (Johnson); Warm (Sewall)
John Adams to George Washington Among the Candidates for the Honour of public Employment, under the New Government there is one whose connection in my family, and public relation to me, in the late legation to St. James’s would render my total silence on his account, liable to misinterpretation, as proceeding, either from a want of esteem, confidence, or affection for him on the one hand, or to a failure of respect to The President on the other. The Gentleman I mean is Colonel [William Stephens] Smith whose original education and Services, during the late War are all better known to you, Sir, than to me, He was indeed so much a stranger to me, that, to my recollection I never heard his name, ’till he was announced as the secretary of my Legation to Great Britain During the three Years that he resided with me in England, his Conduct was to my satisfaction—and his Character was much esteemed in England, France, Spain, Portugal through all which he Countries he had occasion to travel. As his Qualifications, are as well known to you, sir, as to me, and the situations that require to be filled, and the merits of other Candidates, much better: it is not my intention to solicit any particular place for him. his inclination, as well as mine, would no doubt prefer something at home, but if the public service require a minister to go abroad, and he should be thought a proper person, I presume he would have no objection.
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In England he has served three Years; is known at Court, and in the Nation, and is as much esteemed and would be as well recieved, as any other faithfull American. As all my Dispatches passd through his hands, he is well acquainted, with the rise, progress and present state of the negotiations of the United states at that Court. I shall not however dissemble my opinion, that it would not consist with the dignity of this Nation, or Her Chief Magistrate to send to that Country, any Character higher than a Consul, before an explicit agreement shall be made on their part, to return to your Court a Minister of equal rank. In Portugal Mr. Smith has already executed one Commission to the satisfaction of that Court as well as of his Constituents. With the present Prime Minister, The Chevalier De Pinto,1 he has had a personal acquaintance in London for several years, and to my Knowledge is much esteemed by that wise, able, and amiable Nobleman, one of whose most earnest Wishes, it is, to form a Treaty with this Country. In Holland Mr. Smith is known to many: and I flatter myself, that, from my long residence and numerous acquaintances in this Republic; especially among the Capitalists, Stock-Brokers, Loan-Undertakers and money Lenders who have now in their possession, obligations under my hands, for more than nine Millions of Guilders and from his Known Connection with me, he would be, as well received, both at the Prince of Orange’s Court, by their High Mightinesses, by the Corps Diplomatique, and the Nation, as any other Person. While on one hand I shall hold myself under Obligation for whatever appointment the President may judge fit for him, I shall cheerfully acquiesce, on the other, in whatever may be the determination. FC:lbk, Adams Family Manuscript Trust, MHi. Written from “Richmond Hill,” outside New York City. The ALS is not in the Washington Papers. 1 Luis Pinto de Sousa Coutinho (1735–1804), longtime Portuguese ambassador to Great Britain.
William Few to Governor Edward Telfair I have received your letter of May 2d from Savannah [paper damaged and torn] that an Indian war will in your opinion be unavoidable if it should be the case, we have to use every exertion to immediately draw forth the aid of the United States and in order to effect this it will be necessary for the Indian Commissioners [Henry Osborne and Andrew Pickens] to report as soon as possible to Congress that they have used all the means in their power to bring the Indians to peacable terms without success, and this ought to be
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accompanied with a declaration of the Executive that the State is actually invaded and in a state of warfare with the Creek Indians, and that the aid of the United States will agreeable to the Constitution be necessary for the protection of the Citizens thereof, and it may be necessary also to transmit such information and documents as may tend to establish those facts. This will Enable the your Senators and Representatives here to bring forward and urge the adoption of such measures as the interest and safety of that Country may require. Inclosed is the Copy of a bill now before the Senate for Establishing the Judiciary of the United States [it has?] been very maturely discussed and generally agre[ed to?] by a large Committe of Senate, tho it may perhaps be much altered before it passes through both Houses of Congress. The Impost Act will probably be passed in a few days nearly on the principles of the Copy which I sent you in my last letter. That seems to be the only source of Revenue that Congress have yet contemplated altho it is not by the highest calculation thought to be equal to the payment of the monies now due in Europe with the Interest of foreign and domestic debt and the unavoidable expences of Government, an Excise act or a small poll tax has been talked of by some but [it is?] doubtfull whether either of them will be attempted this Session which it is thought will not continue longer Than Autumn, but this is uncertain for the business of Congress goes on very slow we find almost every Act involves great Constitutional principles which require time and much disquisition to establish. *** the late papers to which I beg leave to refer you for News. ALS, Telfair Papers, GHi. Addressed to Augusta, Georgia.
Thomas Fitzsimons to Benjamin Rush In my last I sent you a Copy of the Amendments intended to be proposed by Mr. Madison—I wish when your leisure permits You would Give me your Thots. on that Subject I have sent our friend [ James] Wilson a Copy of the bill Reported to the Senate for Establishing the Judiciary. I hope he will look carefully into it & give his Opinion—our business now grows very interesting—there are 3 bills before our house for the Establishment of the Treasury—Warr & Foreign Departments & on Tuesday (the last) was taken up in a Committee of the whole. a proposition was made to Strike out—Removeable by the Presidt. the discussion of which has employed us every day since & is yet undetermined. it involves a question of no Small Importance and has Engaged all the Abilitys of the house—the Advocates for the Clause consider the power as Indispensible and without being expressed in the
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Constitution to be Vested in the Presidt. in the Genl. powers of the Executive. the Opponents afraid of Makeing that Power too forcible contend that as the Senate are partys to the appointment they are Constitutionally so to the dismission—the Antis are of course on this side and have debauched some weak Members of the other side into an Opinion that the power would be dangerous—I may say with truth that the whole weight of Ability, is on the side of the Clause and I have no doubt it will be retained Madison & Ames have been Great on this question & our Colleague Scot Who possesses some of the Strong powers of Popular Oratory made some Remarks Shrewd & diverting for the honor of Pensylva. every man of us are on the Right side. as it will be decided tomorrow I will advise you the result Which I have no doubt will be favorable the Mem[oria]l.1 you inclosed to Mr. Clymer is a Involves a Case of some difficulty. we both think it Improper to be brot. before Congress and mean it should go to the President—he has been Confined for four days past by an Intermittent. I begin to think this a Very tedious business & to wish most Sincerely for a Return to my family & friends—but in the way We proceed I do not Know When that Can be a Good deal of our business is in forwardness. ALS, Beinecke Rare Book and Manuscript Library, CtY. Addressed to Philadelphia. 1
The petition of Capt. Robert French; see Clymer to Rush, 18 June, above.
Benjamin Huntington to Anne Huntington *** The Papers will Inform what has been doing this Week in Congress we are giving Every thing into the hands of the President which we are not fit to manage ourselves Perhaps we shall find this will lead us to a Greater length than we at first Conseited I hope but dont beleive we are acting wisely in Giving Power to the President to turn out the Great Officers of the United States at Pleasure without giving any Reason for it we are told that he is under a Sufficient Check by being Responsible for his Conduct I wish to know how much Restraint he will be under by his Responsibility when he has an Army at Command and all the Officers both Civil & Military a Set of his own Creatures Dependent on him for a Subsistance in their Places, and with a Disposition to Support himself in Place by force as will be the Case in the first Instance where a President is Ambitious and finds himself under a Probability of Failing of a Re-Election, but why should I Trouble you with Politics I wish I was not Troubled with them myself! ALS, Huntington Papers, CtHi. Addressed to Norwich, Connecticut; carried by Capt. Niles. The omitted text includes hopes for her improved health.
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Samuel Phillips, Jr. to Benjamin Goodhue Your kind Favor of the 14th. Instant inclosing the Journals of Congress, with the paper of the day was received; I did not mean by the Information I gave of the attention of the Worcester member [Grout], to solicit a similar gratuity from you—Indeed I am not satisfied it is reasonable that any member should be subjected to such a tax as as a continuation of this practice would incur—but I thought it might be well to hasten a copy for the use of the Legislature & the Executive. I do not wonder that you find great difficulty in constructing a Revenue System for 11 States, when a single State has found it not an easy matter to accommodate one to their own purpose; I need not however suggest to you, of how much consequence it is, that this business should be compleated with as much dispatch as is consistent with due deliberation on the subject for the reputation of Congress, as well as for the sake of the Revenue. I fully accord in Sentiment with you on the importance of guarding against high pay to the members of Congress and their Officers in General—as such a measure would excite a more general dislik to the new Constitution and it’s administrators than almost any other; when the pay is once established, it will be almost impossible to lower it, and every Officer of Government will expect allowances & Salaries, as high as high in proportion, at least—I am very sorry the people of New York are so extravagant in their charges, I think they are injureing themselves & the eastern States, in particular, as, on this account, a removal of Congress will be much more easily effected. *** [P. S.] If you will be so obliging as to send the enclosed by the Packet, I will discharge the expence & shall be much obliged. ALS, Letters to Goodhue, NNS. Written from Boston. Part of the omitted text describes the Massachusetts legislature’s measures for supporting its public credit.
Theodore Sedgwick to Pamela Sedgwick My wrist is now tolerably well recovered, you may therefore expect to receive from me a Letter which will be as long as you can desire to read. At Spencertown [New York] on my way down I had one of those fits of illness to which I am so subject. I was at the house of a Mr. Powars, where I was treated with every degree of kindness I could have experienced in the house of a brother. before evening I was so well as to be able to proceed to
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Kinderhook. The next morning I took the stage and proceeded on to Poughkeepsie. this was thursday. when I arrived there I found the stage from New York was broken down at Fishkill, and was therefore obliged from thence to come by water. While I staid at Poughkeepsie, I was waited on by a gentleman originally from our state residing there who had married a woman of known infamous character, whom he himself had kept, and who probably has now another wife husband in full life, and yet this woman though they have been married several years and we should suppose the first effects of facination whould long since have ceased to operate, continues still to induce him to conduct towards her with all the ardor of the most impassioned affection. Where a virtuous connexion between the sexes is formed, the tenderness peculiar to it continues to encrease with its duration. but generally when a man of sense forms an attachment, the object of which is merely the frantic desire of possession, the passion cools by the attainment, yet this gentleman tho quite a man of sense, of taste and of the world, though he must if he should ever soberly reflect, dispise this woman, whom I have reason to believe extreamly abandoned, continues the dupe of her wiles, merely from her desire to please which is every moment exerted. Yesterday I called on Mrs. [Sarah Wentworth?] Morton who was very happy to see me, and has given me a hope she will favor us with her company on my return. This will give me pleasure, because I know it will be very agreeable to you. I shall write each of our sweet little ones who can return answers, How I long already to see them? I dare not indeed indulge myself in reflecting on the pleasures I have lost. May God almighty bless you, my sweetest Love, is the most ardent desire of the heart and the constant prayer of your ever affect[ionate]. ALS, Sedgwick Family Papers, MHi.
Theodore Sedgwick to Peter Van Schaack *** The most important information I can give you of a public nature is a bill [Foreign Affairs Act HR-8] which yesterday was reported by a committee of the whole house establishing the principle of removability from executive offices by the president alone. Should the senate concur in this idea it will go far to establish a degree of vigor, firmness and stability in the supreme executive magistrate which otherwise, he cannot possess. ALS, Sedgwick Family Papers, MHi. Addressed to Kinderhook, New York.
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Alexander White to Horatio Gates The Piece from the Winchester Papers has been inserted in the United States Gazette,1 it was much taken notice, and supposed to be wrote in New York till I showed the Paper in which it originally appeared—this week has been Spent in discussing this Question. whether the Secretary of Forreign Affairs (and of course all other Great Officers of State) should be removable by the President. the News Papers will announce the part I took, and some of my reasons—I shall be anxious to know the Sense of my Country more particularly Yours Sir and that of our Martinsburg Friend [Adam Stephen]— I enclose you the Journals as far as printed, beginning where my last Packet which was sent to General Stephen ends to him, after perusal, You will please send the inclosed. ALS, Gates Papers, NN. 1 Probably the lengthy article in support of impost discrimination that appeared in the [Winchester] Virginia Centinel, 3 June, and was reprinted in GUS, 20 June.
Letter from Charleston, South Carolina to New York Georgia is now in the greatest distress, urge Congress to something soon, or the state is lost, the Indians have acted a treacherous part, and were we in a situation should be chastised, at present peace is best, but unless the general government interfere, it cannot be obtained. My neighbours are breaking up and leaving their crops, I fear I must follow their example; the risk is too great, I have done all an individual could, but now despair. NYDA, 1 July; reprinted at Portsmouth, New Hampshire; Newport, Rhode Island; Norwich, Connecticut; Lansingburgh, New York; New Brunswick, New Jersey; and Philadelphia.
Other Documents
William Davis to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. Office seeking: for revenue post in Boston. Nicholas Gilman to Governor John Sullivan. ALS, Peter Force Collection, DLC. Enclosing the House Journal and newspapers; “Hitherto there has been more harmony and good understanding in the House than I ever expected to find but the progress of business is unavoidably slow”; list of bills
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under consideration; “It may not be unworthy of remark that every Senator & Representative chosen within the United States have attended & taken their Seats except the one from New Hampshire which deficiency I hope will soon be supplied.” George R. Minot to Fisher Ames. See 20 May, above. John Muir to George Washington. ALS, Washington Papers, DLC. Place from which written not specified. For the full text, see PGW 3:59–60. Office seeking: naval officer for Vienna, Maryland; mentions “some of the representatives in Congress” from Maryland, particularly Henry, as references. Theodore Sedgwick to Samuel Henshaw. No copy known; acknowledged in Henshaw to Sedgwick, 28 June. Theodore Sedgwick to Henry Van Schaack. No copy known; acknowledged in Van Schaack to Sedgwick, 5 July. Peter Silvester to Peter Van Schaack. See 20 July, below. John Strode to James Madison. ALS, Madison Papers, DLC. Written from Culpeper, Virginia. For the full text, see PJM 12:246–48. Hopes that patent protection will not be so broad as to discourage the genius of others working in the same field. Thomas Underwood to James Madison. ALS, Madison Papers, DLC. Written from Goochland County, Virginia. For the full text, see PJM 12:248–49. Asks if the public debt will be discharged without recourse to direct taxes, and what is the general opinion respecting certificates paid to officers and soldiers of the Continental Army; neighbors in Madison’s district are “abundantly pleased” with his conduct, including many of those who voted against him. Jeremiah Wadsworth to Catherine Wadsworth. ALS, Wadsworth Papers, CtHi. Inquires about the family; desires to hear all the news; “I mean the little town News not the News papers news for of that we have too much here.” Jeremiah Wadsworth to Harriet Wadsworth. ALS, Wadsworth Papers, CtHi. “I am very well but almost melted with Heat but we are so much cooler here than in Town (Mount Pitt) that I hate to go thier but I am oblidged
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to roast four or five Hours, there every day [lined out] my health is good & tho I have to eat vegetables Peas & Strawberries several days I have no Head Ach.” (“Mount Pitt” was the estate of Morgan Lewis near the intersection of present day Clinton and Grand streets on the lower east side of Manhattan; see I. N. P. Stokes, The Iconography of Manhattan Island [6 vols., New York, 1895–1928], 1:438–41).
Sunday, 21 June 1789 Very warm (Sewall)
Pierce Butler to Weeden Butler *** We have been here a fortnight—Six and sometimes seven hours daily I am confined to the Senate Room—to be sure it is as cool and commodious as could be wished—Indeed the Building lately Erected here for the Genl. Legislature does great Credit to the Architect [Peter C. L’Enfant]—It assuredly surpasses the Accommodations for the Lords and Commons of Great Britain—I wish We may make good Use of it, entre nous, I have my doubts—I wish I may be mistaken—I hope the best, I apprehend the worst—Mrs. [Mary] Butler and my Daughters are here. We shall probably remain here two Years—My time is four Years;1 but I think I shall Resign at the end of two Years, if I should live so long. *** [P. S.] If there is any new, easy System of Astronomy I will thank You to have it Sent to me. ALS, Butler Letters, Uk. Addressed to Chelsea, near London. Much of this letter, like the correspondence between the two Butlers in general, relates to the education of Butler’s son Thomas in London. 1
When the Senators were classified, Butler drew a four year term.
Tristram Dalton to Michael Hodge Your favors of the 15th. from Boston are at hand—It ever gives me the highest pleasure to find that my fellow Citizens approve my conduct—and it shall be my sincere endeavours, thro’ life, in every Station, to render the best service to our Country. The Impost Bill is nearly thro’. The Senate and House differ on two or three points only—The most important is on the paragraphs that make a
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discrimination between Nations in & not in Treaty—a Conference of Committees will no doubt be appointed & soon settle the business. By the papers you will see a most interesting debate has been had in the House of Representatives—respecting the giving the President power to remove certain Officers—it has passed and must therefore come before the Senate—and is, with respect to that Body, a very delicate question—Whichever way they turn the Question, Censure will follow—because their power will be effected by the decision—or perhaps it may be said the Constitution. Having wrote in my letter of the 19th fully to you, there is less occasion to add at present. [P. S.] Let me know the Judges & other Gentlemen’s Opinion on the above Question. ALS, French Collection, MHi.
Benjamin Goodhue to Samuel Phillips, Jr. I have nothing worth communicating and should not have wrote was it not to inclose you another sheet of our Journals—four days have been taken up this last week upon this great question whether the President shoud. have the sole power of removing all Officers in the Executive departments, for altho’ it came into view in the bill for establishing the Office of secretary for Foreign affairs yet the debates were upon the general principle, and it was after so tedious a debate in which the constructive constitutionality of the measure was urged on both sides in favour of each opinion determined in favour of his having that power by 33 to 20—I confess the necessity of the supreme Executive’s having such a power over his subordinates appear’d to me essential to the well & energetic administration of this Government, for I conceive the Constitution contemplates him as the great responsible person for the department of which he is the Head and views the Senate as advisory only with regard to appointments and judiciary with regard to impeachments. The Collection bill [HR-11] is yet in the hands of a select committee of which I am chairman, but I must for the sake of exculpating myself from the censure which I acknowledge is justly due to us for the slowness of our progress, tell you I have done all in my power to get and keep them to the business, and We adjourned over yesterday partly with that particular view, but after being a little while together, they would not be persuaded to tarry, and what I am almost ashamed to mention some of them say’d they were going to tarry a twelve month and therefore there was no need of such a hurry— many find great fault with Gerry who say he had this subject in his charge as a sub committee a month and never put pen to paper—I would not men-
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tion those things to any other but you—I think if some gentle murmerings were published at the dilatoryness of our proceedings it might have beneficial effects. ALS, Phillips Family Papers, MHi.
Samuel Holten to George Partridge *** By the debates of Congress being made public, the observing people, begin to perceive, that it will take much longer time to do the public business than they expected; however, their expectations are still greatly raised, supposing that finely they shall have a compleat set of national laws, & I conclude they will not be disappointed; yet, I have my fears, that your impost may be too hight, for I have not so much confidence in the virtue of the people, but that, they will in some degree consult their interest in paying of it, & if they should think it just, to evade the law, no doubt they would endeavor in many instances to do it. *** It gave me pleasure to hear that you had again taken lodgings at Mrs. Dunscombs, where the Ladies are so agreeable. *** FC:dft, Holten Papers, DLC. Written from Boston.
James Madison to Samuel Johnston *** In the inclosed paper is a copy of a late proposition in Congress on the subject of amending the Constitution. It aims at the twofold object of removing the fears of the discontented, and of avoiding all such alterations as would either displease the adverse side, or endanger the success of the measure. I need not remark to you the hazard of attempting any thing of a controvertible nature which is to depend on the concurrence of 2⁄3 of both Houses here, and the ratification of 3⁄4 of the State Legislatures. It will be some time before the proposed amendments will become a subject of discussion in Congress; The bills relating to revenue, and the organization of the Judiciary and Executive Departments, being likely to remain for some time on hand. This delay proceeds partly from the intricacy and partly from the novelty of the business. At every step difficulties from one or other of these sources arrest our progress. After the first essays the work will become every day more easy. Among other difficulties, the exposition of the Constitution is frequently
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a copious source, and must continue so until its meaning on all great points shall have been settled by precedents. *** ALS, Hayes Collection, NcU. For the full text, see PJM 12:249–50. The omitted material includes a comment on Washington’s health, “We hope that he is not in much danger, but are by no means without our fears also,” and an explanation of the arguments relating to the power of removal similar to the one Madison gave to Edmund Pendleton in the letter below.
James Madison to Edmund Pendleton 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 [lined out] in fact from the President who being at all times impeachable as well as every fourth 4th. year elegible 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
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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 [lined out] 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 [lined out] 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 imediate representatives of the people, composing the other House, will decidedly predominate in the Government. Mr. Page tells me he has forwarded to you a copy of the amendments lately submitted to the H. of Reps. They are restrained to points on which least difficulty was apprehended. Nothing of a controvertible nature ought to be hazarded by those who are sincere in wishing for the approbation of 2⁄3 of each House, and 3⁄4 of the State Legislatures. [P. S.] The President has been ill—but is now in a good way. ALS, Madison Papers, DLC. Addressed to Bolling Green, Virginia; carried by Col. Hoomes.
Maryland Delegation to Governor John Eager Howard We find upon enquiry that great care and information will be requisite to State the Account on the Part of Maryland with the United States. Consistent Rules must be adopted by Tribunals which decide upon the Charges brought against the United States—Some Proof must be adduced to Substantiate those charges. And we Presume the real loss to each State will be Proportioned to the Promptitude of exertion during the War, and inaccuracy of their Accounts, and defect in their Exhibits; In this view we fear for Maryland. The Principles upon which the Continental Account is to be settled have not yet been compleatly fixed. Some of the States have brought forward
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charges and Proof, upon Subjects which we apprehend have not been attended to in our State. The repeated movements of the Militia with all the Concommitant Expenditures, The various charges of Defence both on Land and Water, The differences in the Value of Continental money when advanced by Congress and expended by Maryland. All these when combined will form an amount well worthy of attention. In such an Account—to collect the materials—to arrange them methodically—And state them with perspecuity, will require Industry, ability and an intimate acquaintance with that Branch of business. And though many of our charges may not be admitted by the Rules of the several Offices, it will be adviseable to have them ready for Equitable decision—Perhaps Fifty thousand Pounds may be at Stake. We are lead from these considerations to give it as our Opinion that an Agent to attend the settlement of these Accounts is absolutely necessary. And the Commissioner of the Army Accounts [ Joseph Howell] hath informed Mr. Stone that Mr. [ John] White’s services are essential. Mr. White has had frequent conversations with us upon the Subject. And added to the circumstance of his intimate acquaintance with the business heretofore—The propriety of his plans—his reflections—And his zeal in our Cause has convinced us that every assistance should be given him, and that the State ought to retain his Services. LS, MdAA. Gale, absent on a two-week leave, was the only member of the state’s delegation who did not sign the letter. John White was probably referring to this letter when he wrote Governor Howard on 22 June that the delegation “have thought proper to Communicate their sentiments on the appointment your Excellency and the Council were pleased to give me, and which I now do myself the honor of laying before you” (ALS, John White Papers, MdHi).
William Smith (Md.) to Otho H. Williams We have been in Anxious Suspense, for some days past on accot. of the Presidents indisposition, who has been dangerously ill, although not generaly known, his disorder has been a fever which at present is apprehended, will terminate in a large Boil on his thigh, & will be lanced to day or tomorrow & expected to carry off his disorder, for which all ranks & degrees I believe most sincerly pray—After a most solemn debate of four days, in which all the speakers in our house, were warmly engaged, it was finally determined, against a motion for Striking out the presidents power of removal from office, in the executive department, without the consent of the senate; thirty two agst. twenty, this decision seems to meet the approbation here,
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out of doors; on the contrary, the senates resolution, to give their advice & consent by ballott, on the presidents nomination to office is generaly condemn’d, in such circles where I have been—The committee on the collection bill [HR-11], will probably report it again, in two or three days, it has undergone many alterations & amendments, & will probably undergo many more in the house, & may be still very imperfect. The first of Septr. is the soonest I expect, the opperation of those laws will take place, some gentlemen think the middle of August. It may perhaps be usefull, for you to correspond with as many members of the senate as you can with propriety you may depend, the balloting business is intended to [lined out] throw into their hands the appointment of Officers—Colo. R. H. L[ee]. was at the head of this scheme, And from his Assiduity & address, he expects, & I have no doubt he will obtain a considerable influence, you are I believe on Such terms with him as to afford an oppy. of corresponding. he is very open to flattery, as is most men. Our little C. C. [Charles Carroll?] is I think very candid & Sincere in his professions, And what you will hardly believe, is almost an enthusiast in favor of trade & Navigation. *** ALS, Williams Papers, MdHi. Addressed to Baltimore.
William Smith (S.C.) to Edward Rutledge I am sorry to find by your last that the Indians have renewed their savage depredations on our unfortunate Sister State: I had previously to the receipt of this intelligence [illegible] hopes that a negociation had taken place by the which these inroads were at least Suspended; if not altogether prevented. Independently of the sufferings of some of our friends with whom I heartily sympathize, I am much alarmed at these skirmishes, as they may be the prelude to a general & serious war between the United States & those Tribes. Were Congress hastily to enter into the resentful measures of Georgia & afford Them her Succour, the Union might be involved in extreme difficulty: every thing in the Shape of treaty & accomodation should be presented to them in the first instance. Nothing has been yet brought forward publicly here, nor do I know if the Georgia Members propose any thing. I have sent you some papers—& your Journals, with Genl. [Charles Cotesworth] Pinckneys—also a Copy of the Judicial Bill, & one for the Genl.— please present them with my best regard. I sent him a set of the Journals last oppy. but had not time to write which I hope his goodness will excuse. I wish you & he would read the Bill with great attention & send me as
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soon as you can your remarks on it, with your proposed alterations & the reasons for them. Don’t wait till the whole is compleated, but, currente calamo,1 in your style, send a sheet at a time, trot & trot, [torn]. Mr. Izard has communicated to me the observations the General & yourself sent him by your Son [Henry]. They shall be duly attended to—those need not be repeated, as I have a Copy of them: having the whole Bill before you, you will be able to see the advantages or defects of the whole System. In my last, I requested you & he wod. send me your thoughts on a Bankrupt Bill; I delay bringing it on, that I may be furnished with every useful material on so difficult a Subject. You see I do all I can to avail myself of your abilities & to make you useful to your Country, in Congress, without giving you the trouble of quitting home. I have a double satisfaction in this, for while I am serving America by employing so excellent an Auxiliary, I know I am gratifying your highest wishes by making you promote the welfare of your Country. We progress slowly in Congress: the Impost Bill has past the Senate, with several amendments—some of which we have disagreed to—the Senate have adhered to them & a committee of Conference will be the result. The Bill for collecting the Impost [HR-6] has been discussed in a Committee of the whole & is recommitted to a special Committee—The Bill for imposing Duties on Tonnage is returned from the Senate with some very important alterations, which our House will not concur in, particularly that respecting a discrimination on the Shipping of our Allies: our House established a discrimn. by a very large Majority & the Senate have abolished it in the same manner. The Senate have resolved after a debate, that in giving their advice & consent to the nominations made by the President they will ballot & not express their opinions viva-voce & by debate. You will see by the papers that we have had a debate of 4 days on the Question of giving to the President the power of removal from office. This has been the most important question & the most solemn debate we have had since the meeting of Congress: tho’ the house was nearly divided on the subject & the arguments were generally warm & animated, yet I never saw a debate conducted with so much temper & good humour. I long to know what our friends at home think of the determination—Mr. Izard, & Major Butler & Col. [Lewis] Morris think it wrong: [Henry M.] Bird thinks it right: I imagine the Senate will concur—it is a very delicate question for them. In the course of my speech, I quoted the Federalist as an authority on my side, (see 2d. vo. pa. 284)2—the next day Benson sent me a note across the house to this effect: that Publius [Hamilton] had informed him since the preceding day’s debate, that upon more mature reflection he had changed his opinion & was now convinced that the Presidt. alone shod. have the power of removal
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at pleasure; He is a Candidate for the [lined out] office of Secretary of Finance! While we were thus struggling & contending about the President’s prerogatives, he was lying extremely ill in bed—it was not known at the time, but we have been since informed told, that he was in some danger—I had a long conversation yesterday with his Doctor [Samuel Bard], who informed me that the President had been troubled with a Bile on his Seat, which had been so inflamed by his riding on horseback as to grow into an Imposthume as large as my two fists—this occasioned a fever of a threatening nature—it was apprehended that it would turn to a malignant fever one & the Doctor sat up with him one night—the fever however abated & the Imposthume has been opened—he is now considerably better & out of all danger, but will be prevented for some time from sitting up. He has given Mr. Jefferson leave of absence & nominated Mr. [William] Short, as chargé des affaires. Some doubt arose in the Senate, upon receiving his message, whether he had not transgressed his Powers in giving Mr. J. leave, without consulting the Senate—some of the members are clearly of that opinion; the matter was however passed over, & his nomination was confirmed by Ballot. Some of the members disapproved of a single nomination & conceive that it is a practice he means to pursue & which will preclude a fair choice on their part. What a blessing to this Country is a Man in this high Station who is so generally beloved that those things which would alarm & give uneasiness if committed by any one else are overlooked when done by him. I am in hopes that before his death, a number of questions will be settled, the discussion of which under his Successor would give rise to parties & factions: there is danger however to be apprehended on the other hand that some points may be conceded to him from a Sense of his virtues & a confidence that he will never make an improper use of his power, which ought not to be yielded from apprehension a dread of his Successor being less virtuous & moderate. I am sorry to hear that the Creditors at home are pushing for their debts—I am confident that you employ all your influence with your clients to restrain this disposition: as they are now satisfied that their debts are secured to them from further interference, they should allow Sufficient time to their debtors. Our instalment Law3 meets with more friends here than I expected: there is not the least idea of the Congress taking any notice of it & I avail myself of every oppertunity of justifying our Legislature & convincing the people here that it was absolutely necessary for the Salvation of the Country & for the benefit of the Creditor as well as the Debtor. About a week ago Mr. Izard’s little boy Ralph had the misfortune to break his thigh bone by a fall: but he is doing very well. We have just begun to have warm weather; yesterday was extremely hot, & pleasant, for it resembled Ch Carolina. I dined yesterday with your Son [Henry Middleton Rutledge] at Mr. Izards—
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he looks healthy & thriving—he expects to go to College in six months: George [Izard] is just entered at College. ALS, Smith Papers, ScHi. Off-hand. Pro-ratification essays authored collectively by Madison, Hamilton, and Jay under the pseudonym “Publius,” and appearing serially in New York City papers between October 1787 and May 1788, The Federalist was published in a two volume edition by John and Archibald McLean in 1788. Smith quoted from Federalist No. 77, authored by Hamilton, in his speech of 16 June. 3 “An Act to regulate the payment and recovery of debts . . . ,” passed by the South Carolina legislature on 4 November 1788, allowed for debt payments in installments. 1 2
George Thatcher to Sarah Thatcher You are a good girl, for you write me almost every mail, tho I write you but once a week—I would write you oftner if I were able; but it is not perfectly easy to my feelings to use a pen, & I have many Letters to answer. I write always as many as two Letters a day, & frequently more—so that you must lay my writing you so seldom as once a week to other causes than want of attention. *** Major [ Jeremiah] Hill wrote me, in his last, that he called to see you—& Phillips came with his book to shew him how well he could read— You can hardly concieve how much I set my mind upon that dear Boys education—The Books I purchase & my daily reading begin to have his improvement in view. *** Do the trees about the house & in the Garden look flourishing & grow well? I want to see them—& promise myself the pleasure in the course of two or three months. How do you make out to live, I mean on account of provisions? Some time ago I was in expectation we should recieve a little cash here, but I see no prospect of this kind now. And doubt whether we shall have any payment made this Session. ALS, Thatcher Family Papers, MHi. Part of the omitted text continues the discussion of their son Phillips’s education.
William Tudor to John Adams I thank you for correcting my careless Appellation of federal Republic as applied to the National Government. We are so used to Absurdities & indefinite Terms when speaking of the great Constitution, that I am now to
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ask your Indulgence in future for sometimes hastily using adopting Expressions which are so often improperly used by our Massachusetts Politicians. And yet notwithstanding your just Idea of the sole Sovereignty of the national Government, was a Man to tell our general Court that the Commonwealth of Massachusetts was not a sovereign & independent State they would charge him with talking Treason. They admit that Congress now is sovereign, quoad1 certain Purposes, and this State alone sovereign for others. This Error & nonsense they will persist in, untill the full Operation of the National Statutes, & the new Officers get into May. And give me leave to ask if Congress is not in a Degree countenancing this Delusion? Are they not, I mean the lower House, encouraging those extreme democratic Notions which have hitherto impeded the Advancement of that full Respectability that our Country is intitled to, by refusing to admit of those Distinctions & Titles which effect so much in European Governments? The News Papers inform that even the Title of Esquire is become an Abomination in their Ears. And on the same Principle so ought the Addition of Mr. to be. To act thoroughly consistent they ought to turn Quakers in Politicks, if not in Religion. This Silliness pleases Mr. Han. Mr. S. A. & Dr. J.2 I most heartily wish all the Fools of the same Stamp throughout the Union would unite & colonize. There is Land enough upon the Banks of the Ohio for all the democratic Simpletons in the united States. There let them found a Utopia & crack Acorns with the equal Commoners of the Woods. It is owing to Envy & a contemptible Pride, that our chief Magistrates are to be denied those Titles which would be expressive of their Posts, because two only can possess them. and because thirteen Excellencies would be then out titled. *** ALS, Adams Family Manuscript Trust, MHi. Written from Boston. Part of the omitted text concerns an unidentified enclosed document which Tudor suggested might “furnish an argument in favour of a National Bankrupt Act.” His description and Adams’s 28 June reply indicate that it was a copy of Nathaniel Tracy’s 1788 petition to the Massachusetts legislature. For Tracy’s petition to the First Congress, see DHFFC 8:86–89. 1 2
As regards. John Hancock, Samuel Adams, and Charles Jarvis.
Other Documents
Thomas Hartley to Jasper Yeates, a second postscript to his letter of 19 June, written at 9 a.m. Reports on Washington’s continued poor health. John Langdon to Woodbury Langdon. No copy known; acknowledged in Woodbury Langdon to John Langdon, 6 July.
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James McHenry to James Madison. ALS, Madison Papers, DLC. Written from Baltimore. For the full text, see PJM 12:254. Pleased that the Collection Bill [HR-6] has been dismissed; suggests improving the revenue collection in Baltimore by appointing two officers instead of the current single officer; “I cannot help, when I read the debates, wishing you better informed and abler associates.” James Madison to Joseph Jones. No copy known; acknowledged in Jones to Madison, 3 July. James Madison to Samuel Johnston. No copy known; acknowledged in Johnston to Madison, 8 July. James Madison to James Maury. No copy known; acknowledged in Maury to Madison, 13 February 1790. Robert Morris to Edward Tilghman. ALS, William Tilghman Papers, MdHi. For the full text, see PMHB 7(1883):485–86. Sent Alexander Wilcocks a copy of the Judiciary Bill [S-1], requesting his, Tilghman’s, Benjamin Chew’s, and Edward Shippen’s comments; advises on the education of his son, William Morris, who is studying law with Tilghman. George Thatcher to John Avery. No copy known; acknowledged in Avery to Thatcher, 27 June.
Monday, 22 June 1789 Rain (Johnson); not so warm (Sewall)
William Maclay to Benjamin Rush To what can it be owing that I have not heard from you for Two Weeks past. if we really are loosing, or have actually lost the Confidence of the public, by our delays in transacting public Business, leave Us, at least, still the Consolation of private Friendship. for be assured That the delays in the proceedings of Congress, have been laboured against, with the utmost diligence; & even supposing the General Conduct, to have been culpable, Many individuals, to my certain Knowledge, are not so. But it ought to be considered how difficult a Task it is, to reconcile, and write in any One Measure the Jarring interests of states so widely seperated. This is however a new
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Week, and much is expected from it, I am not without hopes That both the impost and Collection Bills [HR-11], will be got forward, altho the later, is not yet brought in by the Committee, to whom it was recommitted, in the House of Representatives. num quam disperandum est de republica.1 We shall certainly all do well, in a little time. The loss of half a Years Revenue, to be sure is Vexatious, but the State Treasuries, in those States which have impost Laws, will get a considerable deal by it, Pennsylvania is one of them. This however was no reason of Delay with any Member from that State. ALS, Rush Papers, DLC. Addressed to Philadelphia. 1
The affairs of the republic are never to be despaired of.
Jesse Root to Benjamin Huntington Your favour of the 10th Inst. with the inclosed paper was duly recd. for which I thank you; a Correspondence by letters at a distance, though, not equal, yet comes next to the pleasure & advantage of a personal enter view with our friends—I was last Week at New london Saw your Son there he Said Mrs. Huntington & family were well Should have Called but did not come by there—the Season is very fine & the fruits of the earth afford a flattering prospect to the husbandman which so lately wore a gloomy aspect. As to amendments in the Constitution there are Sundry which undoubtedly, may be made to advantage, but why such haste? about a business, on which, a little practice & experience will reflect more light than a hundred years debate—besides; it is necessary that the revenue System Should be organized & have affect as Soon as possible. And in doing of that great attention & Caution is necessary, for a revenue by Imposts depends upon trades floureshing, & the duties being Certainly Collected, if the duties are to high they will discourage trade—& provoke to smugling. Again in a Country & under a government like ours the efficacy of revenue laws will depend much upon the Opinion the people entertain of their necessity & equality. It will be much easier to encrease the duties after the Ship gets well under way—than to Start too high at first—and as we have been little accustomed to high duties—in this Country—& those which have been imposed, indifferently Collected—I cant but Consider, the formation & Commencement of practise upon the revenue laws as a very important & Critical business. Mr. Ellsworth has favoured me with the bill proposed for the Judicial de-
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partment I have not had time Since I received it thoroughly to Consider it— but think I can discern by the features that Connecticut folks want far of [weren’t far off ] when it was begotten. LS, Huntington Autograph Book, NRom. Written from Hartford, Connecticut.
Joshua Seney to [George Washington] I have long been acquainted with the Family of Commodore James Nicholson, and frequently seen him, in Maryland; have often heard Sentiments highly favorable to his merit, expressed by Gentlemen of that State, and have reason to beleive, he was generally esteemed by those who knew him, as a private Citizen, a Patriot and as an useful Officer. I have personally known the Commodore for some time past, and experienced in him, an amiable disposition and an upright Character. ALS, Miscellaneous Letters, RG 59, DNA.
Samuel Sherburne to John Langdon This is the day appointed for electing a representative in the room of Mr. [Benjamin] West a general indifference as to this object seems to pervade every part of the State—the greatest exertions have been made here by the Sheep party in favor of Jas. Sheafe, but their utmost endeavors aided by your friend the Sheriff [ John Parker] could not raise him above 59—Mr. [Abiel] Foster & Sir Charles [Henzel] had one each, & in spite of my wishes 114 were thrown for yr. humble Servt.—a thin meeting for such an occasion, I have no desire to be elected as it wd. break up my business, tho’ I am informed that many neighbouring towns will be unanimously for it—Mr. Foster has by far the best chance of success. Our General Court rose last friday—The two [torn] I am informed address’d the Council on the incompatibility of our friend Judge Livermore, holdg. the two offices of Judge & Rep. & requested that another ought be appointed in his stead, this most probably was occasioned by a particular faction—perhaps he will prefer sendg. on his resignation to indulging them with The pleasure of acting on the address, the particulars will undoubtedly be sent him by his son [Edward St. Loe]—You will oblige me exceedingly if you can forward a copy of yr. Judicial bill, with that relative to crimes & punishments, as it will probably be a long time before we shall have them thro’ the common channel—Eliza & Mrs. [Elizabeth] B[arrell] enjoy uninterrupted health which I hope is the case with you & our friend [Elizabeth
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Langdon?]—Shd. any thing in our line stumble in your way, I presume you will not be unmindful of yr. sincerest friend. ALS, Langdon Papers, NhPoA. Written from Portsmouth, New Hampshire.
Other Documents
James Calhoun to Jeremiah Wadsworth. ALS, Wadsworth Papers, CtHi. Written from Baltimore. Office seeking; sent a letter to the President forwarded through Smith (Md.); took the liberty of mentioning Wadsworth’s name as having knowledge of his service in the quartermaster’s department. James Calhoun to George Washington. ALS, Washington Papers, DLC. Written from Baltimore. For the full text, see PGW 3:61–63. Office seeking; for references, mentions D. Carroll, C. Carroll, Henry, Wadsworth, and Smith (Md.), who has known him since childhood. Richard Champion to Pierce Butler. ALS, Butler Papers, PHi. Written from Rocky Branch near Camden, South Carolina. The lack of post roads in the back parts of the Carolinas is “an Evil much complained of”; recommends a postal road “through Salisbury, Charlotte, Camden, and Statesburg, or from the middle parts of North Carolina through Camden and Statesburg,” and a single road connecting the two states’ seaports; office seeking. Charles Chilton to Michael Jenifer Stone. ALS, Washington Papers, DLC. Written from St. Mary’s City, Maryland. Office seeking: revenue post at St. Mary’s, Maryland; tracking a missing letter and enclosures to Charles Carroll sent to Stone in April. Benjamin Contee to Levi Hollingsworth. No copy known; acknowledged in Hollingsworth to Contee, 23 June, Hollingsworth Papers, PHi. James Madison to Samuel Johnston. No copy known; acknowledged in Johnston to Madison, 8 July. Pamela Sedgwick to Theodore Sedgwick. ALS, Sedgwick Papers, MHi. Written from Stockbridge, Massachusetts; favored by Mr. Whiting. “Have not heard a word From my dearest Love” in fourteen days; heard “you was very unwell the day you reacht. Kinderhook;” begs him to write soon; “Your Letters are one of The greatest Comforts of my Life—and to know that you are Happy in that Line of Life which is most agreeable to
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your Inclinations will at all times affoard me Great Consolation”; encloses a letter from “A Mr. Douglas—who writes in Pressing Tearms for Money”; greetings from the children; family news; “the Season has been very fine here since you left us and Vegetation as rappid as almost was ever known— the Earth is covered with The deepest Verdure—and the meadows appear to be a Part of Paridise.” Joshua Seney to James Nicholson. ALS, Miscellaneous Letters, RG59, DNA. Office seeking: supports Nicholson’s application.
Tuesday, 23 June 1789 Rain. Hot (Johnson)
Fisher Ames to George R. Minot I have written so often, that my conscience did not reproach me with any neglect of duty to you, or to our good friends in the [Wednesday evening] club. I am not able to write fine-spun sentiments and grave remarks, and to give my letter the ease of epistolary writing. I would write, as I am used to converse with you; and as to matter of fact, the newspapers take the advantage of me, and possess themselves of every novelty, before I could send it. You will see of course how slender materials are left me, to gratify the curiosity of our friends. The debate in relation to the President’s power of removal from office, is an instance. Four days’ unceasing speechifying has furnished you with the merits of the question. The transaction of yesterday may need some elucidation. In the committee of the whole, it was moved to strike out the words “to be removable by the President,” &c. This did not pass, and the words were retained. The bill [Foreign Affairs Bill HR-8] was reported to the house, and a motion made to insert in the second clause, “whenever an officer shall be removed by the President, or a vacancy shall happen in any other way,” to the intent to strike out the first words. The first words, “to be removable,” &c., were supposed to amount to a legislative disposal of the power of removal. If the Constitution had vested it in the President, it was improper to use such words as would imply that the power was to be exercised by him in virtue of this act. The mover and supporters of the amendment supposed that a grant by the legislature might be resumed, and that as the Constitution had already given it to the President, it was putting it on better ground, and, if once gained by the declaration of both houses, would be a construction of the Constitution, and not liable to future encroachments. Others, who contended against the advisory power of the Sen-
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ate in removals, supposed the first ground the most tenable, that it would include the latter, and operate as a declaration of the Constitution, and at the same (time) expressly dispose of the power. They further apprehended that any change of position would divide the victors, and endanger the final decision in both houses. There was certainly weight in this last opinion. Yet the amendment being actually proposed, it remained only to choose between the two clauses. I think the latter, which passed, and which seems to imply the legal (rather constitutional) power of the President, is the safest doctrine. This prevailed, and the first words were expunged. This has produced discontent, and possibly in the event it will be found disagreement, among those who voted with the majority. This is in fact a great question, and I feel perfectly satisfied with the President’s right to exercise the power, either by the Constitution or the authority of an act. The arguments in favor of the former fall short of full proof, but in my mind they greatly preponderate. You will say that I have expressed my sentiments with some moderation. You will be deceived, for my whole heart has been engaged in this debate. Indeed it has ached. It has kept me agitated, and in no small degree unhappy. I am commonly opposed to those who modestly assume the rank of champions of liberty, and make a very patriotic noise about the people. It is the stale artifice which has duped the world a thousand times, and yet, though detected, it is still successful. I love liberty as well as anybody. I am proud of it, as the true title of our people to distinction above others; but so are others, for they have an interest and a pride in the same thing. But I would guard it by making the laws strong enough to protect it. In this debate a stroke was aimed at the vitals of the government, perhaps with the best intentions, but I have no doubt of the tendency to a true aristocracy. Ames 1:54–56. A postscript dated 25 June is printed under that date.
Samuel Nasson to George Thatcher I now Set down to take a look of Sundry letters I have had the honour of Receiveing from my freind mr. Thatcher and in one you deel Very freely with me and Say you have a right to Call me an: Insurgent and the reason is you Say that you are Calld. the Insurgent Delegate now why I Should give me [lined out] have that name because you are stigemitized. does Miserey want Compeny you go on and Say that you have no doubt of Making me a federalist: now I Cannot tell what you mean. in another you Say it is good to have Some Mistereys in Everything (but let me tell you that in politicks to have two many will never do for Republickins) I Ever was a Stanch fed-
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ereolest from the year 1775. (when Some who are now Call themselves by that name Could do nothing but Cry in the Chimmeney Cornor) you may Spare yourself the Trouble to regenerate me and Surly your power of Working Wonders will fail for how Can a man be made or filled with prisepeles at this time when he has been Compleately full years ago however leave these Jockes and Let me tell you that I thank you for you kind Regards and for the Intelegence you have Commucated to me from time to time and be asurred that I Shall have a greatfull remembrance of your favours—I think Mosley the talk at Present in these parts is the Sallerys of offisers in the new Government I Cannot Say that I am Displeased with the Sums perposed I hope you will begin as you mean to hold out Small Sums at first might Lull the people asleep two Soon; now you Start but I Beg you would run So far as not to return to your busness Stop Short Sir and let me Explain myself. it is the Same favour I have Granted to you. I do it thus I want you know to have many ammendments to the New fabrick and if the Sellorys are Set low at first and please the people with a Baubble they will be So pleased with that that they will forget the main object for the Sallerys must Sooner or later be anough to Support Gentelmen what did I Say Gentelmen yea Noblemen. and I would that they ware all princes. for I assure you that I have a high oppinon of amarica and I think he that is a true Republican is and aught but a Prince nay Princes in all the Earth. We hear that the duty on Molloses is lickely to be reduced this I larnd from a passage in one of your letters to our freind [Nathaniel] Barrel I want to know how much Can be raised by the impost and how much of that will be Yearly Expended for the Support of the General Government you Start again and ask me how it is posable for you to ansewer tell therr has been a Tryal why Sir I hope you have not run so fast as to over Shoot the mark. have you not made a Calcuation what the Cost of Collection will be have you not Cast up what a Number of armed Ships will Cost yearly for by the Sums layd on I Conclude you mean to keep a few Sloops of War at least to Guard the Coast as well a few Troops on Shore if the Latter I hope you will not forget that your Sincar freind and Humble Servant mr. Nasson was allway fond of a Milletery Life and a Small Commission in the line would be agreeable if it was but to be a Corpereal for I find that we must not Use Mollosses unless we Can pay for it and I have a Very Sweat tooth and Should hope to Sheair a littel if I was Interduced into that Corps—but Sir to be Serious have the Congress well weighed the temptation of runing Cargos have they recollected how much was run when Greate Britten laid only one penny on a gallon. And even under the Cannon of the Ships of war I must Confess to you that my mind is the Same as it was Concarning the Increasing the Excise on rum when I had the honour of a Seat in the house I then offered to Venture all
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that I was worth that Six-pence would Bring more into the Treasury then one Shilling I know that you understood me. I hear good news for my freind Oatis [Samuel A. Otis] please to ask him now who was his most truest freind him that Strove to get him a Seat in Congress or him that Voted for him to be a Naval Offiser I hope he is now Convinced I Sinerely Congratue him and hope he has not so far advanced as to forget his old Freind (however you may ask him that Question if you have a proper time for you know their is times and Seasons for all things1) I Can forget as Soon as Dean [ Jonathan] Swift when he had been the mean of getting a poor Doctor made a Beshop he then left his house and Compey. Please to give my Complements to all the members from this Common my Insurgent Brother Col. Grout I hope is Stanch and will assist you in Every thing that is for the Best Intrest. of this State Tell him from me if he turns torry he Shall have my Curse and whatever you or him thinks of that it may one day prove heavy please to remember me to him in a perculer manner tell him he has my Prayers that he may prove a Long and a Greate Blessing to the Commonwealth my Complements to you Brother Sedgwick. I do assure you that I have a Greate Regard for him and if we Differd in Some matter when he and I was in the house togather yet I Esteem him a Senceble man and a fair and Candid reasoner I wish I Could Say the Same of all the Gentilmen of the Bar when they have been in publick Busnes you have Some tim Qurrald with me for not writing to you after this long Scrol I Beleive you wont want to here from me often pray dont forget the Corperell. ALS, Thatcher Papers, MSaE. Written from Sanford, Maine. 1
Ecclesiastes 3:1.
James Sullivan to Elbridge Gerry They tell us here that a certain Gentleman quite in private life, in this state, and who lately visited New York, gave the Title of Emperor to the president, and that this raised an inquiry whether such was the Taste of the Eastern part of the confederated republick; the Serious part of our people concern themselves more upon the questions of compleating the union, and securing an adequate revenue, than they do about Titles. Mr. Langdon writes me that a bill is in forwardness to Establish a Judicial System; Since which I am favoured with a copy of it, I Shall if I find any objections to it, when I have attended to it take the Liberty to mention them to you. a Judicial System is a great object, because revenue Laws are to no
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purpose without Courts to inforce them, and it ought carefully to be attended to, because the Security of the people essentially depends upon it. But Revenue Laws and Courts to inforce them are of very little consequence unless we can eradicate an opinion Established with the body of the people when we were a part of British Empire. an Informer against Smuglers was more odious then than a theif. we have no Ships or Cutters to gaurd from Smugling our extensive Sea Coast and the expence of preparing a Sufficiency would Swallow up the whole or at least a great part of the Imposts. we have then to change the public opinion and to make the people veiw Informers as meritorious, to do this they ought to be scribleing in the papers throughout the union. for unless something is done our sanguine hopes of Revenue may in a great Measure be defeated. Sometime ago I mentioned to you that I should have no objection to holding an office under the general Government in the Judicial Line provided I was not obliged by it to go out of the State and to be absent from a family whose Education I wish to Super-intend. one Veiw I had in Speaking of it, was that I do not wish it to be concluded from my being in favour of amendments to the present System of Government, that I am opposed to, or do not wish to Support it. you ask me how I am in regard to the Interest of certain Gentlemen. I never said or wrote a word to Either of them1 about it any Subject, nor shall I ever do it. I mention it to you as a friend that you may let it be known that I should consider myself honored by the Notice of Government in that way. though the office I hinted at will by no means be an Evidence of avarice or ambition in me. I do not wish you to make any Exertions in the matter. I know that the door of power is thronged with men who claim Notice and Support with an unceasing confidence. I am by all means to be out of that list. I do not want to Stand in the way of any one who can do more to Serve the public Interest. I had rather however be thought of and Laid aside as one unsuitable then to have it said, after wading with patriots through the Revolution that no body thought of me. The Vice President is near the heart of power and as to this matter holds the Key of advice, he knows my standing as a Barrister, my character, the offices I have held, and now hold, in the commonwealth. he and you know what Satisfaction I have given the people as a Judge, and you both know the part I have taken in my Countrys cause and Interest. in a government where the question is not who has most friends, but who can best serve the public Interest, there is no pretence of for asserting a claim. I am by no means uneasy at what men say who are noisy for a Constitution which they neither understand or have ability to Support. that is that those who have been for amendments, must be excluded from office. for Should Such a Temper be Established in the government no honest man would wish an office. the Liberty of speaking freely upon matters Submitted to the people and of Voting
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freely in Elections that are so very Essential to a free Government—that any attempt to prevent it must be considered as the Most baneful kind of corruption. I Shall never trouble you again on this Subject and most sincerely beg your pardon for what I have done. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. 1
Probably John Hancock and Samuel Adams.
To The Editor of the Federal Gazette I have this moment received a letter from a Member of Congress at NewYork, dated the 23d instant; as the subject is important, I send you an extract for insertion in the Gazette of this evening—Yours, &c. M. F.1 “Sitting in the house, I received yours of the 21st, and as soon as it rose sit down to answer it. The amendment from the Senate agreed to by the House of Representatives, seems to be entirely misunderstood; it respects importations from India and China only—it is in itself inaccurate and in transcribing, I suppose, has been rendered more so. The words are ‘On all goods wares and merchandizes, other than teas, imported from India or China, in ships or vessels not built within the United States, and not wholly the property of a citizen or citizens thereof, nor in vessels built in foreign countries, and on the 16th May last the property of a citizen or citizens of the United States and so continuing till the time of importation, twelve and a half per cent. ad valorem.’ So that it will have no effect on your British Trade. We have company to dinner, and are engaged in the evening, which induces me to shorten this letter; I hope however it will answer the desired purpose, and that you will believe me to be &c.” Any gentleman desirous of seeing the original letter, on applying to the Editor, will be informed of the place where it may be seen. [Philadelphia] Federal Gazette, 25 June. The letter to the editor is dated “June 25, Two o’Clock, p.m.” 1
Probably Miers Fisher.
Other Documents
William Samuel Johnson to Tench Coxe. ALS, Coxe Papers, PHi. Responds to Coxe’s letter (20 June, Johnson Papers, CtHi) requesting information about Connecticut’s Episcopalian Church; discusses Johnson’s efforts to unite the Episcopal Churches of the United States.
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William Pickman to Benjamin Goodhue. ALS, Letters to Goodhue, NNS. Written from Boston. Office seeking: Vice President Adams suggests, in a letter to Nathaniel P. Sargeant, that Pickman apply to the President for a federal office; Sargeant advises soliciting the help of Goodhue; Sargeant has also written to Strong and Ames on the subject, and Pickman has written to Wingate; “I must therefore call up your Friendship on this Important Occasion & beg you to Forego For A Moment those delicacies of situation to which you may think yourself reduced.”
Wednesday, 24 June 1789 Fine (Johnson)
Gunning Bedford, Jr. to George Read Your letter of the 16th only came to my hands this morning, and Mr. [ John] Dickinson last evening sent me a copy of the proposed law [ Judiciary Bill], with a request that I would make my observations on it and return it to him this morning, to be sent back to New York by this day’s post. I should ill requite the honor done me by the communication, and but abuse the confidence reposed in me, were I to attempt any remarks on a subject of so much importance, so entirely new to me, with so little time for reading or reflection. To those who have thoroughly digested the whole system, and who have considered this as the foundation upon which the most grand and elegant superstructure of jurisprudence is to be built, crude and hasty thoughts can give no information. The objects are too extensive and complicated for me so immediately to understand that I might make a just criticism on this proposed bill. It appears to me a noble work, and must do the framers of it, as well as our government, great credit. I flatter myself our State governments will have wisdom enough to follow the example in new modelling their legal systems. It will be very difficult accurately to define the jurisdiction of the Federal courts, so as to prevent controversies with the State courts. Indefinite expressions, unavoidably made use of, will create difficulties. Common law and statute law are referred to in the act. Have the States the same accurate and fixed idea of both or either as applied to themselves individually or to the States generally? Do we refer to the common law and statute law of England? This is derogatory. What, then, is the common and statute law of the United States? It is difficult to answer. Yet the dignity of America requires that it be ascertained, and that where we refer to laws they should be laws of
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our own country. If the principles of the laws of any country are good and worthy of adoption, incorporate them into your own. I think we ought not to refer, at this day, to the law of any nation as the rule of our conduct. This is the moment for legal emancipation; as the foundation is laid so must the superstructure be built. Pardon these observations, sir, I am transgressing my own bounds. Your good sense would rather censure than approve (under my circumstances) any further remarks. You will be pleased to present my respects to Mr. Bassett, and my acquaintance in Congress. Read, pp. 482–83. Written from Wilmington, Delaware.
Jonathan Cass to Nicholas Gilman *** [P. S.] Your Brother N[athaniel]. & others Gives You an idea of the prevailing pollicy in this State much better then I can. I therefore shall say but very little about it only venture to say that I belive Judge [Abiel] Foster will be Chosen for Congress, tho many say I am apt to be sanguine, but General [ John] Sulivan having refusd. to serve, Saml. Sherburne was the most considerable Competitor he had in the lower part of the State and Your brother N. has been more much engaged in his interest and used as much industry as it was possible a man could, for he found a party rising in Sam. Sherburn favour & others for J[ames]. Sheafe but I have no Idea that either will get it, & have but very little doubt (if any) but Foster will, & I wish our Choise may be agreeable to You and the other Gentlemen in Congress, for I really believe it was the best Choice that could be made. ALS, Dreer Collection, PHi. Written from Exeter, New Hampshire. The omitted text offers to pay a loan owed to Gilman, if needed immediately.
John Dickinson to George Read Thy Favor of the 16th. I received on the 22d. in the Evening, and am much obliged for that and the Inclosure. I have given the [ Judiciary] Bill such imperfect Attention as the shortness of time, Weakness of Health, Frequency of Interruption, & the Novelty of its provisions would permit, & have made some Notes in the Margin, as was requested. I then sent it to the Attorney general [Gunning Bedford, Jr.], informing him, that his Observations were expected. It is now returned. There can be no Doubt, but all the parts are very intelligible to gentle-
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men who have been present at their frequent Discussion, know the Intricacies of their mutual Dependance, & of their Relation to the Constitution, but to Me it appeared the most difficult to be understood of any Legislative Act I ever read. Is it possible, or agreable to the Constitution, to establish an appeal from the Decisions of The supreme Court in Cases where that Court has original exclusive Jurisdiction? Or, is it right & best, that the single Determination of that Court in such Instances should be irreversible? I sincerely rejoice to hear of the Reestablishment of thy Health. ALS, Read Manuscripts, PHi. Written from Wilmington, Delaware.
Thomas Hartley to Tench Coxe As the Proceedings of our House are daily published it will be needless to trouble you with what you have more plain and better expressed from the Prints. A very important Decision however has taken place respecting the Power of the President to remove from Office without the Concurrence of the Senate. Our Majority for the Power being there was upwards of 30 to 20—but in an Amendment there was some Deference in Sentiment which has broke us a little and that unnecessarily. The Impost Bill will be got through in a few Days—as it is probable there will be a Conference between the Senate and the House of representatives & when the variance in Sentiment may be removed—In short upon a free Conference one or other House must abandon those Principles which are not so proper to be insisted upon—especially as this Bill is of so much Importance. It is probable also that we shall go on to—establish the other great Departments whilst the Senate are engaged in the judicial Department. At half after eleven oClock. The Bill for establishing the Department for Foreign Affairs passed by a Majority of 29. agst. 22. I am sorry that some of the Gentlemen insisted so much upon the Amendment several Gentlemen of us would be better pleased had the first Clause been a Part of the Bill. The Persons who are agst. the Constitution give all the Trouble they can—and some Gentlemen who really are Friends to good Government occasionally join them upon [lined out] speculative Grounds—or from Difidence. The President has got much better and as I am told is out of all danger. I write you in a hurry and my Letter will appear rather singular but you must (as I have said upon other Occasions) excuse Matter of Form. At half after twelve OClock.
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The House of Representatives has demanded a Conference—and have appointed [lined out] a Committee upon the Impost Bill and I hope for a good Issue. ALS, Coxe Papers, PHi. Addressed to Philadelphia.
Ralph Izard to Edward Rutledge *** Mr. [Robert] Barnwell will inform you how we are going on in the political career. The House of Representatives are very jealous of the Senate & are desirous of curtailing those powers & diminishing that weight which is assigned to them by the Constitution. I do not think it is the Esprit de Corps which makes me Judge them to be in the wrong. Denmark was a free Country, before that body which stood between the Executive, & the People, was destroyed.1 The King of Sweden is now playing the same game:2 the People of America ought to have acquired wisdom from such political Lessons. The President has been very ill. Dr. [Samuel] Bard, who attends him thought him not entirely free from danger. It would have been a dreadful calamity at this critical time, if he had died. I am glad to inform you that he is entirely recovered. ALS, Izard Papers, ScU. Encloses a letter (unlocated) to Rutledge from William Samuel Johnson regarding the education of Rutledge’s son Henry at Columbia College; Izard’s son George was Henry’s “Chum” and shared a room with him at the College. The boys’ education is the subject of the omitted text. 1 In October 1660 the clergy and burghers of Denmark staged a bloodless coup d’etat by forcing the nobles of the ruling Rigsraad, or permanent council, to curtail their powers and accept Frederick III as a hereditary monarch. 2 In February 1789 Gustavus III called an extraordinary meeting of the Riksdag (Sweden’s parliament, composed of four Estates), dismissed the nobles, and won the support of the remaining Estates of clergy, burghers, and peasants for a new “Act of Union and Security” that lodged supreme executive and legislative functions in the monarch.
Joseph Jones to James Madison I thank you for the copy of the amendments proposed to the constitution which you lately inclosed to me—they are calculated to secure the personal rights of the people so far as declarations on paper can effect the purpose, leaving unimpaired the great Powers of the government—they are of such a nature as to be generally acceptable and of course more likely to [lined out] obtain the assent of Congress than wod. any proposition tending to separate the powers or lessen them in either branch. The Part that speaks of facts triable by Jury not otherwise reexaminable than may consist with the prin-
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ciples of the common law, means I suppose that the Court of appls. shall not [lined out] re-examine the facts but by a Jury, or what is the true meaning? *** Alexandria and George Town are very inconvenient ports of Entry and if established as such will I fear open the door to great abuses. In what forwardness is the bill for the judiciary department. I have [lined out] heard the Senate had undertaken the business and some sketches of the plan, but little has been said on the subject lately, at your leisure I shall thank you for the outline of the plan. Virga. ought to have one of her Citizens in the Superior Court, but we have very few fit for it who are capable [lined out]—of our Judges—[Edmund] Pendleton, [George] Wythe, [ John] Blair, would either of them answer well—the first will I fear be unable to execute his present office long the others are qualified and able if they would act. Among the Lawyers I know of none, but [Edmund] Randolph—it is of the first consequence to have your Supreme court of able Lawyers & respectable characters. *** I see it is directed for the present that two copys of the acts as they pass Congress shall be sent by the President to the respective Executives, and one prescribing the oath has been received and no request or mode proposed to carry it into effect—we had some little difficulty how to conduct the business but ultimately directed it to be printed in the Gazette1 and to have a sufficient number of copies struck to furnish each of the Superior Courts and the Co[unty]. Courts with one or two that they may swear or not as they choose. ALS, Madison Papers, DLC. Written from Richmond, Virginia. For the full text, see PJM 12:258–60. The omitted text reproaches the unnamed office seeker mentioned in his letter of 12 June, and discusses state legal cases. 1
[Richmond] Virginia Gazette and Weekly Advertiser.
Benjamin Lincoln to Theodore Sedgwick *** We feel our selves sadly embarrassed lest we should touch the funds which may be called for by the union, should we do that, and have ever [torn] good [torn]ry will vanish Every system built upon a basis so uncertain will fail us—This brings us to enquire what are we to do and leads to an answer of your question “What think you of an Excise” I think well of it provided the Union will take upon themselves the debts of its parts if they will not, if they and should they assume the excise the measure in my opinion will be pregnant with the worst of consequences, their right to do this I doubt not but right & the propriety of exercising that right are very different things— I know that the Union may assume to its self the impost, Excise, & a direct
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tax but the moment they do this and leave the debts of the [lined out] several states unprovided for they will establish a very powerful interest, in the different States directly opposite to the general one—For the holders of the State securities know that the services performed & articles supplied for which they were given were as much for Continental purposes as were those services & supplies which originated what is called the domestic debt of the Union reflecting on this, when they find that the sources from which they used to draw their interest are dryed up, they will complain, they cannot, they will not, indeed they ought not to rest quiet, their complaints will reach you they must be heard & must be attended to and addressed—The order of citizens who will be thus effected through out the Union is important in respect to numbers and more so as they are men who wish in general for a firm energetic government and as they are men of property. The moment you [lined out] become hostile to the Gentle men of [torn] property, the holders of public securities, State [torn], and the men who are for a firm and an [lined out] energetical government, these are very generally [lined out] united [line damaged and illegible] your government, indeed you will in my opinion do more you will convulse it, you will shake it to its foundations, and this you will do at a moment when it [lined out] will want the fostering hand of the most tender and judicious nurses to rear it up and at a time when a different line of conduct will operate as such a powerfull Cement to the Union as shall will safely bind it so as that no faction raised to oppose it will be able to execute act with success. *** The invalids in this State are suffering exceedingly there is about £20,000 due to them the State is in now way to pay it—I hope it will be among the first provisions Congress will make do attend to these sons of affliction. I wish that our beloved freind and brother Judge Nathan Cushing might be remembred in some appointment under the judicial system—He served thro a long war without emolument to himself If it should not interfere with your own veiws do promote his. ALS, Sedgwick Family Papers, MHi. Written from Boston. Most of the omitted text discusses state measures for funding its debt.
Robert R. Livingston to Oliver Ellsworth I found on my return to town the day before yesterday your obliging letter covering a copy of the bill for the arrangent. of the Judicial departments. I have read it over with attention, & am much pleased with the system as both cheap & expeditious. I am not clear that more than one circuit in a year will be necessary, & whether the number of Judges you assign will be suf-
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ficient to ride two circuits & execute the other duties of their departments with due deliberation. As the most burthensome, & at the same time the most unnecessary business of the federal court will be the determination of causes between citizen & Citizen of different States, & between foreigns. & Citizens I could wish to see the jurisdiction of the superior courts in matters of this kind confined to causes of importance. if a cipher was added to every one of the numbers inserted in your blanks it would not in any case be too much, & in some cases too little—In granting new trials the court shd. have a power to impose the terms at their discretion—Nor shd. the judgment on the first trial be void, but voidable on such conditions as the court might direct. Would it not be better that the Attorney Genl. Shd. be appointed by the executive to which department he necessarily belongs than to the judicial with which the executive shd. in no sort be confounded? I am sorry that I am compelled, by my short stay in town, to substitute these hasty reflections to the conversation I could wish to have with you on this important & intricate subject—which you have managed with so much address as to lay the foundation of an excellent system which prudence & experience will enable you to build upon with advantage. ALS, American Manuscripts, CSmH. The FC:dft in the Livingston Papers, NHi, is dated 26 June.
James Madison to Tench Coxe Accept my acknowledgments for your favor of the 18th. instant. The printed remarks inclosed in it are already I find in the Gazettes here.1 It is much to be wished that the discon[ten]ted part of our fellow Citizens could be reconciled to the Government they have opposed, and by means as little as possible unacceptable to those who approve the Constitution in its present form. The amendments proposed in the H. of Reps. had this twofold object in view; besides the third one of avoiding all controvertible points which might endanger the assent of 2⁄3 of each branch of Congs., and 3⁄4 of the State Legislatures. How far the experiment may succeed in any of these respects is wholly uncertain. It will however be greatly favored by explanatory strictures of a healing tendency, and is therefore already indebted to the cooperation of your pen. The duty on Cotton was a concession to S.C. & Georga. who complained of sacrifices on almost every other article. It has unluckily happened in a variety [of ] instances that compromises [lined out] between local views have been made at the expence of the general interest. This is an evil not to be altogether avoided. And perhaps it is on the whole less incurred than was to have been apprehended in such an Assembly as Congress. On Gold & silver
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leaf your remark is equally apposite. Those who objected to the duties on bulky articles as provoking fraud, ought to have opposed the duty on these on another principle. A very interesting question has grown out of the silence of the constitution with regard to the power of removal from offices. Four different expositions were contended for. 1. that the power of removal was involved in that of appointing & belonged to the Presidt. & Senate—2. that no removal could take place but by way of impeachment. 3. that it devolved on the Legislature to be disposed of according to its discretion—4. that being of an Executive nature and not taken from [the] President by the exception in favor of the Executive agency of the Senate, it remained to him by virtue of the general clause vesting him with the Ex. power—Each of these doctrines was defended by a very free use of the argumentum ab inconvenienti2 agst. the others. The decision was in favor of the 4th. as most consonant to the text of the Constn. to the maxim which forbids an unnecessary mixture of powers—& to the responsibility of the President. I will not troubl[e] you with a further state of the case, because you will be able to form a better idea from the Newspapers, mutilated and erroneous as their accounts are, than c[oul]d. be brought within the compass of a letter. ALS, Madison Papers, DLC. 1 Coxe’s remarks on Amendments, signed “A Pennsylvanian,” were reprinted in NYP, 23 June. 2 Arguing on grounds of the inconvenience posed by a certain construction of the law.
James Madison to Edmund Randolph My last stated a question relating to the power of removal from offices then on the anvil of the H. of Rs. I now inclose the discussions as conveyed to the public thro’ the Newspapers. It is not necessary to apprize you that the reasonings on both sides are mutilated, often misapprehended, and not unfrequently reversed. You will perceive yourself that much of the reasoning is also founded on a misconception of the [lined out] ideas of the adverse side. Mr. Jefferson has at length obtained formal leave to visit his own Country. Mr. [William] Short is to be charged with the affairs of the U.S. in his absence. The President has been ill. but is now in a safe way. His fever terminated in an Abscess which was itself alarming. but has been opened with success, and the alarm is now over. His death at the present moment would have brought on another crisis in our affairs. ALS, Madison Papers, DLC. Addressed to Williamsburg, Virginia.
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Otho H. Williams to Philip Thomas *** The Senate have published their b[ill] for the establishmt. of the Judiciary department which will not pass uncriticised thro’ the H. Delegates. The senate als[o] after two days solemn debate, have resolved to advise, & Cons[ent] to the appointmts. of Public officers by the President, by Ballot on[ly]—they had no other way of abridging the Presidential power [in this respect]—and are too Conscious of their dignity to think of caballing, Viva voce—This stroke will open the public eye upon the senate—Heretofore they were deemed too awf[ul] for an audience to behold—I do not know if their doors h[ave] been open or not—while I was at Court1 no body was admitted at the Lobby of their Chamber—I have but just got this and you’ll think me petulant for commenting. *** ALS, Williams Papers, MdHi. Written from Baltimore; addressed to Frederick, Maryland. A lengthy postscript discusses Washington’s recent illness and closes with the prediction, “If now he shod. be removed, all the good that would accrue under the present System would be imputed to his virtues & Example—all the evil to his loss.” 1
Williams spent most of May 1789 in New York City.
Other Documents
Tobias Lear (for George Washington) to John Dandridge. FC:lbk, Washington Papers, DLC. For a partial text, see PGW 3:204n. Presented Dandridge’s order to the President in his favor on Brown for £800 Virginia currency. Richard Henry Lee to Charles Lee. ALS, Lee Family Papers, ViHi. Addressed to Alexandria, Virginia. For the full text, see Lee 2:492–94. “The public affairs remain as when I wrote you last”; personal business; legal matters. Richard Henry Lee to Mann Page, Jr. No copy known; acknowledged in Page to Lee, 23 July. James Madison to Benjamin Hawkins. No copy known; acknowledged in Hawkins to Madison, 27 August. NYDA, 25 June. The Masons, including many members of Congress, celebrated the festival of St. John the Baptist with a procession at 11 a.m. from the Grand Lodge room at the Coffee House to St. Paul’s where they heard a sermon;
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the procession returned to the Coffee House and at 5 p.m. the Masons regathered at Bendin’s Tavern for an entertainment.
Thursday, 25 June 1789 Fine (Johnson); cool (Sewall)
Fisher Ames to George R. Minot I have received yours, per post, and thank you for it. I am hurrying this to get it in before the mail closes. We have had the treasury bill before us today—made some progress. A puerile debate arose, whether the Secretary of the Treasury should be allowed to exhibit his reports and statements to the legislature. The champions of liberty drew their swords, talked blank verse about treasury influence, a ministry, violation of the privileges of the House by giving him a hearing from time to time. They persevered so long and so furiously, that they lost all strength, and were left in a very small minority. The clause, permitting this liberty, passed. Ames 1:56. Written in the evening. This is a postscript to Ames’s letter to Minot of 23 June.
Peter Muhlenberg to Benjamin Rush General Hiester has just obtaind leave of absence for a short time, and as he means to set off imediately when the House adjourns, and will without doubt wait on You while He remains in Philada. I shall by him trouble You with a few lines—I wrote You on the 4th. instant,1 and on the 10th. enclosd you a Copy of Madisons Propositions for amending the Constitution; at that time it was not intended they should be made public, until The House should be ready to act upon them, but one of the printers having obtained a Copy, imediately gave them to the Public2—I was & am still anxious to know what your sentiments are relative to these propositions, but as I have not been Honord with a line from You during the Present Month, I am doubtfull whether my Letters are come to hand—You have doubtless seen the Bill to establish the Judicial Courts in The United States which Originated in the Senate; The House has been so much engaged with other Business, that They have not yet acted on this Bill; it will require, & without doubt receive several Amendments before it is enacted into a Law—Affirming for ex. is limited to The Society of Quakers, whereas it must be extended to all Religious Societies conscientiously scrupulous agt. Oaths—
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The Bills for establishing The Foreign—Treasury, & War Departments, have occasioned a considerable ferment in The House; The Clause Removable by The President, has been strongly oppos’d—& The Constitution has been variously Commented on, to support different Opinions. [lined out] The House seem to agree pretty generally, That the power of removing an unworthy Officer is vested by The Constitution somewhere, but where is The Question—The Legislature—The Judiciary—The President & Senate and The President solely, have each been contended for and each have found Their Advocates—A Considerable Majority of The House have determind that the power of removal is vested solely in The President as The Chief Executive Magistrate—But the Majority have again divided having founded Their Opinion on different principles. One part found Their Opinion on this principle—That as it is generally agreed, The Power of removal is vested somewhere and as The Constitution has not made an express declaration it becomes The duty of the Legislature to declare by Law where this power is Lodgd, in order to prevent Confusion hereafter—The others found their Opinion on this principle That by a fair construction of The Constitution, The power of removal is vested in The President—That the Legislative & Executive Powers ought not to be blended, but should allways remain seperate in every free Country—That the Constitution vested certain Executive Powers in The Sena[te] but that these were strictly defind, & that the residuary Powers were without doubt vested in The Supreme Execu. Magistrate—That to make a declaration by Law would imply a doubt, & that nothing more was [illegible] necessary than something of the Declaratory kind expressive of the sense of The House on the subject. Last Evening Messrs. Buttler & Huger from So. Carolina rode out in a Chaise—The Horse took fright and run off with them—Buttler is much hurt, & poor Huger had his Leg broke, & Shattred in a dreadfull manner, so that his life is despaird of.3 If you have not been furnished with a sett of The Journals of The House— I have one to spare. Mr. Leonard a Representative from Massachusetts will probably set out for Philadelphia in a few days, I shall take the Liberty to introduce Him to Mr. [Tench] Coxe & Yourself—Mr. Boudinott this Moment moves for an Amendment to the Amendment which implies That the Constitution vests The President with The power of removal—This amendment, if adopted will probably reconcile the two Parties, who have voted on the same side, tho’ on different Principles General Hiester will perhaps be able to inform you of The issue, should it be decided before He leaves the House. *** P. S. Mr. Boudinotts Motion is with drawn.
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ALS, Sol Feinstone Collection, PPAmP. Addressed to Philadelphia. The portion of this letter relating to the accident that befell Butler and Huger was printed in the [Philadelphia] Federal Gazette, 27 June and reprinted at Portsmouth, New Hampshire; Boston; Providence, Rhode Island; New Haven, Connecticut; New York City; York, Pennsylvania; Fredericksburg, Winchester, and Richmond, Virginia; Edenton, North Carolina; Charleston, South Carolina; and Augusta and Savannah, Georgia. Muhlenberg probably meant his letter of 3 June. The proposed Amendments were first published in NYDA, 12 June. 3 Butler was confined to his house for several days and remained lame for weeks. Huger survived but suffered the effects throughout his term. 1 2
Other Documents
Elias Boudinot to Hannah Boudinot. No copy known; mentioned in Elias to Hannah Boudinot, 26 June. Silas Deane to Jeremiah Wadsworth. ALS, Deane Papers, CtHi. Written from London; addressed to Hartford, Connecticut. For the full text, see New-York Historical Society Collections (1890):524–25. Deane intends to have his accounts examined and settled by Congress, to exonerate him from the unmerited treatment he has received. Silas Deane to George Washington. FC:lbk, Deane Papers, CtHi. Written from London. For the full text, see PGW 3:68. Cites Wadsworth as a reference for more information about the state of Deane’s public accounts which he intends to have settled by Congress. Augustus Fitch to Oliver Ellsworth. ALS, Ellsworth Papers, DLC. Written from Hartford, Connecticut. One of several letters regarding the house Fitch was building for Ellsworth. William Foster to Henry Knox. ALS, Knox Papers, Gilder Lehrman Collection, NHi. Written from Boston. Offers his wharf as a federal facility for collecting duties and storing goods; Tucker, Griffin, Dalton, Otis, and others of Foster’s friends are acquainted with it and will join in procuring it for the public. Stephen Goodhue to Benjamin Goodhue. FC:lbk, Goodhue Family Papers, MSaE. Written from Salem, Massachusetts. The general opinion is that a drawback on salt would be disadvantageous to the people at large.
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Thomas Hartley to Tench Coxe. ALS, Coxe Papers, PHi. Addressed to Philadelphia; carried by General Hiester. “Things are going on nearly in the Direction I expected.” Samuel Holten to Benjamin Goodhue and George Partridge. FC, Holten Papers, DLC. Written from Boston. See identical letter to Goodhue, dated 13 June. George Mason, Jr. to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Colchester, Virginia. Office seeking: for Joseph Fenwick as consul at Bordeaux; he “is well known to most of the Maryland Delegates particularly the Mr. Carrolls.” Thomas Mifflin to John Langdon. Photocopy of ALS, Remember When Auctions, Inc. Catalog 44(1998):171. Written from Philadelphia. The ellipses are in the source. “. . . I have taken greater Freedom with you than any Circumstance could induce me to venture with any other Member of Senate or House of Representatives . . . An old acquantance of you own, & one who has always loved you, lately directed to the President an application for Employment in the Customs of Philadelphia . . . Capt. Nathaniel Falconer of this City is the Friend I mean . . . a staunch Federalist . . .” John Miller to George Washington. ALS, Washington Papers, DLC. Written from Philadelphia. For the full text, see PGW 3:69. Office seeking: unspecified in Philadelphia; mentions the Senators of Pennsylvania and Representatives from Philadelphia as references. William Plumb to Oliver Ellsworth. ALS, Ellsworth Homestead, Windsor, Connecticut. Written from Middleton, Connecticut. Urges that Congress fund the domestic as well as foreign debt. Edward Stevens to James Madison. ALS, Madison Papers, DLC. Written from Fredericksburg, Virginia. For the full text, see PJM 12:261. Madison’s constituents regret that Congress’s revenue system did not take advantage of the spring importations; the proposed Amendments to the Constitution give “general Satisfaction, and I trust if adopted will shut the mouths of many”; the Senate’s deliberations on presidential titles have “alarmed their best friends. It gave a great opening to the enemies of the Constitution to insult its friends.”
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Paine Wingate to George Wingate. ALS, Wingate Papers, MH. Outlines moral precepts for son at school; hopes to be home in September. Daniel Hiester, Account Book, PRHi. Went to Philadelphia. GUS, June 27. Abigail Adams and her son Charles arrived in New York.
Friday, 26 June 1789 John Adams to Jabez Bowen I received your letter of June 16. and am glad to learn that you “gain a little.” If as I have learnt from Dr. [ James] Manning, the leaders of your councils have an intercourse with the dissaffected in the Massachusetts, and as appears by your letter a correspondence with antifederal members of a more august body: it is probable there is a chain of communication throughout the states. If such should be the actual situation of things, would not any address of Congress, give fresh courage and spirits to the general cause of opposition? especially if it should be found, not to make any great impression on the callous minds and hardoned hearts of desperate debtors? I answer that any class of farmers, provided they are not in debt, beyond the value of their possesions; should continue their opposition: because their property must always lie at the mercy of those who have none; without a consistent government. It is in vain to talk of over sights. The scene is new, and the actors are inexperienced. much light has been obtained and diffused by the discussions which have occasioned delay—and there is no remedy but patience. Why will you afflict the modesty of any gentlemen by expecting that they will give themselves Titles. They expect that you their creators will do them honor. They are no quakers I warrant you and will not be offended if you assert your own majesty, by giving your own representatives in the executive authority the title of majesty. Many of these quakers think Highness not high enough, among whom I own I am one. In my opinion the American Presidents will soon be introduced into some farce or other in half the theatres of Europe and be held up to ridicule. It would not be extravagant the prophecy that the want of titles may cost this Country fifty thousand lives and twenty millions of money, within twenty years. I will continue to be mindful of you and will endeavour to pursuade Gentlemen to promote such
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a resolution as you desire, but there seems to be a general aversion to it, or rather suspicion that it would do harm rather than good. I beg leave to return you, and the other Gentn. of Providence and Newport my best thanks for your polite and friendly attention to Mrs. [Abigail] Adams and her family in her late journey through your State. FC:lbk, Adams Family Manuscript Trust, MHi. Written from “Richmond Hill,” near New York City.
Elias Boudinot to Hannah Boudinot I wrote you yesterday by Capt. [Patrick] Dennis—Since which I have purchased a piece of Muslin of 20 Yards. which I wish you to send to Sister [Mary] Hetfield from me—and tell her “that Providence suits the Seasons to the wants of the Shorn Lamb.” I have been engaged all Day as Chairman of a Committee of Conference with the Senate; and the House sits to morrow—that I shall not see you— To morrow week will be the 4th July, so that I am afraid that will also prevent me then. We proceed but slowly in Business, tho we do a great deal—I know not what to say to comfort you or myself, farther than to preach the doctrine of Submission—If [illegible] not that Mrs. P. [Eliza (Mrs. John Marsden) Pintard ] is as kind as possible, it would be much worse with me here—but my beloved wife is not here—and nothing will be so satisfactory without her— I hope it will not be long before you visit us—My love to the Girls and all Friends—The Packett is expected in the next week, when I hope they will see their Papa—I have not recd. one Letter from you since I left you. The President is mending slowly. He sat up in Bed this day, and I hope will recover fast this fine weather—Poor Huger is very ill. May our Guardian Angel protect my sweetest Lovely Wife this Night— preside over her Slumbers & make her dream peaceful & pleasing—Tis past Eleven oClock. God bless my dearest Love. ALS, Boudinot Collection, NjP. Addressed to Elizabethtown, New Jersey. The letter is dated ten p.m. and the salutation reads “My dearest Love.”
William Gardner to John Langdon . . . nothing has given me greater pleasure than on finding it publickly announced of your being honoured with the Congressional Chair previous to the arrival of our Illustrious President & that very respectable character
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the Vice President . . . the high esteem you are held in by those valuable characters who are colleagues with you . . . I have but lately return’d from Concord . . . Genl. [ John] Sullivan is in the Chair . . . the Senate were all for him . . . I had the honor to be unanimously reappointed Treasurer . . . I have not had it in my power to secure any money for your Orders, as every avenue to the Treasury is stoped against it . . . so many discounts are daily made . . . I am glad to find . . . that Congress have reduced the intended duty on Molasses . . . there are still some alterations necessary in the Import [Impost] act—the Tonage on foreign vessels is by far too low . . . it ought . . . to be 150 cents pr. Ton at least; as it now stands, it’s no obstacle to their trading here . . . Restrictions on our part would operate favorably—by facilitating a Commercial Treaty with Great Britain, in which case, a reciprocity of benefits would arise—and without using the means nature has given us, we shall not see the salvation of the Lord—but shall shortly see the Starvation of the people—I am afraid the Southern States, don’t enough study the Interest of the Northern—they appear to dread our growing greatness—on which, whether they know it or not depends their safety . . . Brittish influence must be banished from our Councils . . . by prudent management its in the power of America from her many resources, to become the most powerful as well as the most free Country on Earth. . . . Excerpt of ALS, Remember When Auctions, Inc. Catalog 44(1998):item 264. Written from Exeter, New Hampshire. The ellipses are in the source.
Josiah Thacher to Benjamin Goodhue A Letter was put into my Hand Some Time past Directed to the Senator or Representatives of the County of Cumberland Relative to Ports of Entry and Delivery wrote by Geo. Thatcher Esqr. requesting (if I mistake not)* some Information on the Subject—I confess I did not well understand from the Letter what was the nature of the Information desired—I gave the Letter to Mr. Calef 1 a Representative from Scarboroug who has been acquainted with Trade who said he wou’d write immediatly—But added that he was at a Difficulty to know what account Mr. Thatcher wish’d for—But it seems by a Letter from a Member of Congress Shewn me by a Gentleman yesterday that it has been an Object in Congress to fix and Limit to perticular Ports the Place of unlading of Ships and that Cargos shall not be unladed at any other ports or Places whatever—That Ports of entring and Clearing Ships Should be Determined by Congress may be proper—But if the place of Delivery, that is of unlading their Cargos be also Determined—I conceive a very perticular attention is necessary to this Subject—especially for the County of Cumberland.
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I have never been much concern’d in trade but as an Inhabitant have had abundant oppertunity to observe that the places of unlading Ships are Portland Falmouth Scarborough Northyarmouth Brunswick and harpswell and that either of those Towns being Deprived of this Priviledge must feel the Injury in the most sensible manner. I have given you this Trouble because I have often been happy to observe you attentive to the Interest of Trade and Commerce—Which appears to me to be a first Object in this Common Wealth—I doubt not but you will be sensible that the Interest of each part is the Interest of the whole—I cannot suppose it any way necessary to Solicit your Assistance [lined out] to a Subject which you will at once understand better than I can be Supposed to comprehend it after any Attention I might give. *I have not the Letter by me. ALS, Letters to Goodhue, NNS. Written from Boston. 1 Samuel Calef represented Cape Elizabeth, Maine, not neighboring Scarborough, in the Massachusetts house of representatives, 1788–91.
Henry Wynkoop to Reading Beatty My wishing to be some time in the Neighbourhood of Trenton, prevented my calling at Your House on my Return, an Omission, which must be made up to Cressey [Christina Beatty] in some other way. The President is recovering, the Disorder terminated in an Ulcer in the Thigh, which hath been opened & is said to be in A fair Way of doing well. A melancholy Accident, befell Mr. Butler of the Senate & Mr. Huger of the Representatives, both from South-Carolina, who riding in A Chair on wednesday Evening, the Horse took fright, ran off & shattered the Chair, Mr. Butler was much hurt but Mr. Huger has one of his Legs so fractured that it must be taken off to save his Life which it is said will yet be doubtfull. The Impost Bill now lay’s with the Senate & A Committee of Conference is Appointed from both Houses on the Differences which have occurred on that Subject, the Collection Bill [HR-6] is recommitted to A special Committee, the Bills for establishing the Departments of foreign Affairs & War have passed the Representatives & that of the Treasury was taken up yesterday. The unprecedented establishment of leading Principals prove’s the Cause of great Delay in bringing forward the Operations of the new Government. happily great Harmony continues to prevail, tho’ Individuals differ in Sentiment on particular Subjects, the National Good is the leading Object. ALS, Wynkoop Papers, PDoBHi.
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Other Documents
John Adams to Stephen Hall. FC:lbk, Adams Family Manuscript Trust, MHi. “Your friend Mr. Wingate, is as proper a person as you could have chosen to convey” to the President your letter seeking the collectorship at Portland, Maine. John Adams to Eliphalet Pearson. FC:lbk, Adams Family Manuscript Trust, MHi. Written from “Richmond Hill,” outside New York City. Acknowledges receipt of certificates of membership in American Academy of Arts and Sciences for the Duke d’Almodavar and the Marquis de Santa Cruz; will forward them to “my friend” Don Diego de Gardoqui for transmittal. John Adams to Cotton Tufts. FC:lbk, Adams Family Manuscript Trust, MHi. Written from “Richmond Hill,” outside New York City. Abigail, son Charles, and Louisa Smith arrived on 24 June, after five days sail from Providence, Rhode Island; advises that Samuel Tufts apply for a federal job directly to the President, but asks for a record of his merits; Jonathan Jackson, William Pickman, and Epes Sargent “have applied I suppose for places, but this is under the rose [sub rosa].” George Clymer to Levi Hollingsworth. ALS, Hollingsworth Papers, PHi. Addressed to Philadelphia. “We go on here most tiresomely and vexatiously slow, and not at all likely to proceed any faster, the greatest enemy this Country has at present being men more fond of talking than of acting—As to the past you know it from the News papers as well as myself and the future is in the clouds.” William Constable to Gouverneur Morris. FC:lbk, Constable-Pierrepont Collection, NN. Has joined with Robert Morris in an “India & China scheme”; accompanied Morris and his wife to “Morrisania” last Sunday. Benjamin Contee to Levi Hollingsworth. No copy known; acknowledged in Hollingsworth to Contee, 29 June, Hollingsworth Papers, PHi. Francis Dana to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from York, Maine. Office seeking: would not consider appointment as minister to Russia, but offers himself as district judge; recommends John Lowell for the Supreme Court and Theophilus Parsons for district attorney.
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Jonathan Dayton to John Langdon. Excerpt of ALS, Remember When Auctions, Inc. Catalog 44(1998):item 282. The ellipses are in the source. “. . . A slight indisposition since my return from New York has prevented my making the enquiry you wished, respecting pasture for your horses . . . I have succeeded in procuring it . . . if you will send them over by the bearer of this, Mr. Lee . . . a very careful & trusty person . . . my servant shall be at the ferry to receive and take them where they will be as well provided for . . .” James Reynolds to the President of the United States and the Senate of the United States. DS, Miscellaneous Letters, RG 59, DNA. Office seeking: customs; in petition format. Joseph Savage to George Thatcher. ALS, Thatcher Papers, MSaE. Place from which written not specified. Asks Thatcher to obtain (pay/land?) warrant from Knox; “We have no names at this time to communicate” (for nominees to office?). NYDA, 27 June; reprinted at Providence, Rhode Island; York, Pennsylvania; Baltimore; and Richmond, Virginia. This information supplements DHFFC 5:952. The House adjourned without doing any business because of the meeting of the conference committee on the Impost and Tonnage bills in the conference chamber. “From New York, 28 [27]June,” [Boston] Massachusetts Centinel, 4 July. This information supplements DHFFC 5:952. “The two Houses had a conference yesterday *** on the Impost Bill.” NYJ, 16 July. Sherman’s son William died at New Haven, Connecticut.
Saturday, 27 June 1789 Benjamin Huntington to Governor Samuel Huntington Your Excellencys two Letters of the 14th Instant with the Resolve of Assembly Directing the Committee for Selling the Western Lands to make E[n]quiry whether any Treaty with the Indians is to take Place &c. came to hand by Capt. [ Jonathan] Culver I have also Recd. a Transcript of the Same
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Resolution from Col. [ John] Chester, The Treaty proposed was held & Finished in Jany. last1 without a full Settlement of all that was Desired on the Part of the United States The Pensylvanians Finished their Business with those Natives who appeared; and when another Treaty will be held is not known nor has there been a proposal in Congress of any further Negotiations with the Indians since the Commencement of business under the Present Constitution. There is a Report of a Committee in the House of Representatives Containing a Statement of the Present Situation of our Western Territorial Affairs which will be taken up and Considered when the more Important Business of Impost & the great Departments of the Executive are is settled and which must take some Weeks longer Time. I have seen Mr. [Andrew] Ellicott the Surveyor who has made an Actual Survey of the western Boundaries of Pensylvania and has taken the Latitude of the Ohio where it Crosses the Western Line of that State and Measured the Distance from that Place to the Lake Erie and finds that the Northwest Corner of Pensylvania goes about one Mile and one half into the Lake and that the Lake Bears in upon our Reserve2 but has not made an Actual Survey of the Bank of the Lake—He has given me a Small Plan of that Part of the Country which I have not Time at Present to Copy but will send a Copy in a Short Time to your Excellency—Mr. Ellicott says he has been on our land and that there is not any better in that Country. I Shall know Every Motion Made Respecting the Western Territory and give the Earliest Intelligence to your Excellency. Govr. [Arthur] St. Clair is here and says he wishes some Directions from Congress Relative to Running the Lines between the Territory of the United States and the Connecticut Reserve as he is not Authorized by any Resolve of Congress to Co-opperate with our Surveyor in Sitting those Lines which Indeed ought to be Run by an Agreement of both Parties to prevent Disputes hereafter I hope to git this Object Accomplished when the Affair of the Western Territory is taken up on the Report before mentioned the Geographical Description of those Lines is truely Reported & nothing but an order of Congress to the Governor of the Western Territory is necessary to Enable him to Authorize a Settlement of the Lines in Conjunction with our Surveyor Employed for that purpose. I hope the Genl. Assembly at their Next Session will Increase the Grant of Jany. last to a Sum Sufficient for the Purpose of a Treaty to Extinguish the Indian Title whenever another treaty with the Natives is held by the United States.3 The Business of the Impost goes on very slowly Indeed. The Blank Bill [Collection Bill HR-6] I sent your Excellency was so mangled & Mutilated
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when it came before a Committee of the Whole as to occasion a Reference to a Special Committee to make a New Bill [HR-11] which is now Drawn and Ready to be Reported on Monday next & I hope it will be agreeable & pass in a short Time. ALS, Fogg Collection, MeHi. Addressed to Norwich, Connecticut; carried by Capt. Williams. For the treaties of Fort Harmar, signed on 9 January, see DHFFC 2:152–63. In 1786 when Connecticut ceded its western land claims to Congress, it withheld four million acres in the northeast corner of Ohio. This became known as the Connecticut, or Western, Reserve. Benjamin Huntington was one of a state legislative committee of three that managed sale of these lands (Connecticut State Records 6:237–39). 3 In January the Connecticut legislature adopted a resolution appropriating £300 specie for the purchase from the Indians of their title to the Western Reserve. In May it adopted the following resolution: Resolved by this Assembly that the Committee appointed to make Sale of the Lands belonging to this State lying West of the State of Pensylvania, be and they are hereby directed to make enquiry whether any Treaty is expected to be made, or the Natives are to be Collected for the Purpose of making a Treaty with the Congress of America, or any particular State and upon receiving information of any proposed Treaty, to give the earliest information to his Excellency the Governor that proper Measures may be taken to extinguish the Claims of the Natives to the Western Lands belonging to this State (Connecticut State Records 7:15). 1 2
Richard Bland Lee to Leven Powell Inclosed you will receive the second number of the Congressional Register. The editor has not fully complyed with his promises to the public—in the weekly publication of them. In consequence the debates are only dilivered to the 21st of April. We have not yet brought any business to a final close. A difference has taken place between the two houses on the subject of a discrimination in favor of vessels belonging to nations in treaty of commerce with U. States; and has consequently delayed the passage of the impost Bill. However this difference of opinion will be accomadated in a few days—and the arrangements for the Collection will be made so as to give us a pretty certain prospect of seeing the impost begin to operate by the first of August. We have passed in our house two Bills, one establishing a department of foriegn affairs—and the other a war department—and have another under consideration for establishing a treasury department. The Senate are busily employed in considering their Judiciary system. The particulars of which I will delineate to you in my next. We have had a great constitutional question before us whether the President had, or ought to have, from a fair Construction of the constitution, a power of removing officers from the
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executive departments. It was determined in the affirmative. Some of the debates on this subject I inclosed to your neighbour Col. [Francis] Peyton. Mr. Madison shone with superior lustre on this occasion. Our beloved President has been extremely ill in the course of the last fortnight—he is now happily out of danger and recovering his strength and appetite. What is now the complexion of politics with you? What are the public sentiments? It has been an age since I heard from you. ALS, Powell Papers, DLC. The recipient was identified from the location of the letter.
Theodore Sedgwick to Pamela Sedgwick *** I am now in the house where there is a very interesting debate on an important subject. We are proceeding very slowly, this is in a great measure owing to very natural causes. A Majority of the house appear to me to be actuated by pure motives, but their several systems having been formed on limited views, it is with difficulty that there minds can extend so as to comprehend extensive and national objects. I do not, however dispair of doing as much as at present ought to be done, and have an adjournment by the begining of September. Adieu, my dearest, write me as often as you have opportunity. ALS, Sedgwick Family Papers, MHi. Addressed to Stockbridge, Massachusetts; carried by Mr. Hyde.
Oliver Wolcott, Sr. to Oliver Ellsworth Your kind Favour of the 30th. of May and of the 15th instant with it’s Inclosure have been recd. The Bill relative to the Establishment of a National Judiciary, which you have favoured me with the Inspection of, is, I Apprehend as well calculated upon it’s general Principles, as any which could probably be devised, to secure the important Objects of, an Impartiality and Uniformity in Decision, and to render them as Little burdensome and expensive as Circumstances will admit. What ought to be the Apportionment of the Powers committed to the respective Jurisdictions, is I beleive a matter of more uncertainty—and perhaps nothing but Experience (the only sure guide in human Affairs,) will clearly dictate what Regulations of this kind will be best—The general Appearance of those proposed, as relative to the modes of Tryal, I think are well exempt from Intricacy, and [illegible] able be adapted to Chicanery, and will [illegible] to suffice—or if they shall hereafter be found otherwise they may be Varied as shall be found necessary.
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I shall therefore upon this Occasion only make these general Observations—That I think it will be the Wish of Congress to facilitate the Habit of Submission to the New Goverment as much as possible. That they will beleive, that to Superinduce a new Goverment where local Goverment have been Already established, who have been Accustomed proudly to consider themselves as fully competent Object to every Object of Legislation, may (at least in some of the States) be a matter of pretty difficult Operation, especially when it is considered how feeble the Efforts of Reason are, against the Prevalence of Custom—These Dificulties I doubt not will be Surmounted—And Altho I believe it will be necessary and politick, sub modo1 to imploy some of the State Officers and to use some State Establishments to carry the new Goverment into effect, yet I think it may be a matter of Doubt wheather, it would be well (Until some Habits of Obedience are established) to delegate much Authority in this manner, (which it might be found pretty Difficult hereafter to resume) unless the exercise thereof should be liable to the Revision and controul of Officers, who derive their Authority solely from the National Goverment. I suggested that some of our States probably might retain a Propensity to exercise their beloved illimitable Sovereignty—I think also that some at least of the Governors of these States do not wish to have it beleived that they have any earthly Supirior—They are all of them (except Capt. Collins of R. Island)2 called Excellency, which is the highest Appellation known in this Country—Pity it is (so far perhaps as we know) that mankind should be so much governed by Sounds, but so it is—And I am half in Opinion with Mr. Pope That whatever is is Right3—With these Veiws I sincerely Wish that Congress would not relax from the Principles of the Constitution, nor Attempt to effect (what some, I believe, Very erroneously call) Amendments thereto—To bind a Goverment with Fetters of Iron which is founded on periodical Elections is in my Opinion, to guard against Evils of the Most Visionary Nature—The Executive will, in my Judgment, require a constant and active Support, Otherwise a constitutional Defect will be found in that Branch of Goverment, especially after the great and confidential Character, who now possesses it, shall leave it. Thus Sir I have scribbled over some few general Observations for your Amusment, not Instruction—you indeed Appointed me the Task, and it was Very kind in you to do so, as you must be Very sensible that a Lt. Govr. of Connecticut, for want of Business and Emolument, must be strongly disposed to a torpid State—This Circumstance induces me to wish to be placed in a Situation, which might prevent such an Inconvenience—And will therefore with real Diffidence, take the Liberty to mention to you, Sir, that in Case the Judiciary shall be established as proposed, if I could be tho’t to be a proper Person to execute the office of District Judge for this State, that
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I should Very gladly Accept the Appointment—An Application so intirely Novel as it respects myself, occasions some Anxiety how it will be recd.— If there is an Impropriety in it, your Candour and Freindship will forgive the Error—A Wish to have more Business than I am at present imployed in—And a desire to render myself more Useful to a Family, whose Interest I find I have too much neglected, while I have been long Attending upon that of Others, has prompted me to mention this Matter to you in the Confidence of Freindship—And which you will therefore be pleased to treat in such manner as you shall judge proper—And shall therefore only Add, that my holding the office of Lt. Gov. shall be no Barr to my entering into a National Service, as I will Very Willingly resign it, upon such Appointment. FC:dft, Wolcott Papers, CtHi. Written from Litchfield, Connecticut. Subject to restrictions. Governor John Collins of Rhode Island. 3 The reference is to a line from “Essay on Man,” published by Alexander Pope (1688– 1744) in 1734. 1 2
Other Documents
John Avery, Jr., to Caleb Strong. ALS, Strong Papers, MNF. Written from Boston. Encloses order to Strong and Dalton from Massachusetts legislature asking that they present the enclosed address from the legislature to the President. (The address is printed in PGW 3:166n.) John Avery, Jr., to George Thatcher. ALS, Thatcher Papers, MSaE. Written from Boston. Thanks for his attention to the settlement of the Continental accounts of the estate of Thomas Chase. George Benson to Theodore Sedgwick. ALS, Sedgwick Family Papers, MHi. Written from Providence, Rhode Island. Encloses newspaper containing a report of the latest failed attempt to call a ratifying convention (apparently the Providence Gazette, 20 June); his friend Ames has provided Federalists in Rhode Island with “a train of thoughts very happily arrang’d and express’d which are presented to the Publick, and which appear to have a favorable operation”; asks him to concur with Ames “in every Proper Method” to achieve Rhode Island’s ratification of the Constitution; Antifederalists “listen to the sentiments of a Member in Congress as to ‘One having Authority’ and they ‘believe and tremble’ but still Continue to Prostitute their Power.”
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Joseph Clay to Abraham Baldwin. FC:lbk, Clay Letterbook, GHi. Written from Savannah, Georgia. For a partial text, see Collections of the Georgia Historical Society 8(1913):215–22. Without the threat of federal retaliation, the Indians would risk a war with Georgia.
Sunday, 28 June 1789 Hot (Johnson)
John Adams to William Tudor I Shall not grant the Indulgence you request in yours of the 21st, most certainly: I mean that for hastily adopting Expressions, which are so often improperly used by Massachusetts Politicians. Our Fellow Citizens will never think alike nor act aright, untill they are habitually taught to Use the Same Words in the Same Sense. Nations are governed by Words, as well as by Actions; by Sounds as well as Sights. You and I learned in our Youth from our great Masters, the Civilians, that the Summa Imperii,1 is indivisible. That Imperium in Imperio,2 is a Solecism, a Contradiction in Terms. and We have been both taught, by History and Experience, Since, that those Instructions of our Masters were infallible oracles. The new Constitution, however, I fear will be found to be too nearly related to such a Solecism. It is an avowed Attempt to make the national Government Sovereign in Some Cases and the State Governments in others. it is true that as the former, embraces the whole, and the latter but Parts; as the former has the greatest objects as War and Peace &c. and a general Super intendence over all the rest, the Superiority of Rank and Dignity is allowed to it. But I never the less, own, that it is too clear that in a course of Time, the little fishes will eat up the Great one unless the great one Should devour all the little ones. It is contended by Some that our new Constitution, is partly national and partly fœderal, but it seems to me, that as far as it is fœderal, it is wholly national: as far as it is not national it is not fœderal: but consists of individual, Seperate, independent and unconnected States. but in this View, it is improper to talk of the fœderal Commonwealth and the independent Republicks that compose it. because that the new Constitution, which is the only League by which they are connected together, is not a Confederation of independent Republicks, but is a monarchical Republick, or if you will a limited Monarchy. Though Names are of Importance, they cannot alter the nature of Things. The Name of President, does not alter the Nature of his
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office nor diminish the Regal Authorities and Powers which appear clearly in the Writing. The Prince of orange Said to me “Monsieur, Vous allez avoir un Roi, Sous le titre de President,”3 and his Judgment would be confirmed by every Civilian in Europe, who should read our Constitution. Crudities enough, to be Sure, come from a certain august Source; as you have remarked: but the People should not mind them. The People themselves should honour their own Creation, if they mean to honour themselves. and I hope the People will assert their own Supremacy, and give the Title of Majesty to the President. This is the lowest that can comport with his constitutional Dignity, Authority, and Power. I agree, entirely with you that it is Aristocratical Pride alone, that feels itself hurt, by a distinction of the President. Those who proudly think themselves his Compeers, cannot bear that he Should be more than Primus inter Pares.4 But the common People, if they understand their own cause and Interest, will take effectual Care to mortify that Pride by making the Executive Magistrate a ballance against it which can be done only, by distinguishing him clearly and decidedly, far above all others. I thank you for Traceys Romance,5 which I have Shewn and will continue to show to proper Persons, and I hope it will assist in procuring a Bankrupt Act. Your Letter to the President, I delivered immediately. Your Pupil Ames makes a very pretty figure: let me congratulate you on his fame, and that of another of your Pupils Mr. [George R.] Minot, to whom I am indebted for two Copies of his History,6 which I am ashamed to say I have never thanked him for, which as I ought in Duty to have done for the great Pleasure I received from the perusal of that elegant and judicious Composition. ALS, Tudor Papers, MHi. Written from “Richmond Hill,” near New York City. The highest authority. A state within a state. 3 “Sir, you are going to have a King, under the title of President.” William V (1748– 1806), Prince of Orange and stadtholder of the Netherlands (1751–95), became well acquainted with Adams, his frequent guest at The Hague, in 1782. The comments would have been made when Adams was last at The Hague arranging new loans to the American government in March 1788 (Adams 3:viii, 211). 4 First among equals. 5 See Tudor to Adams, 21 June, above. 6 The History of the Insurrections (Worcester, Mass., 1788). 1 2
William Bradford, Jr. to Elias Boudinot I received the bill for establishing the federal Courts, from Mr. Morris about the same time I was favored with a copy of it from you. At his request
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I have made a few remarks upon it which I have transmitted to him: & I purpose to examine it more minutely & will suggest to you such observations as strike me. It will be more easy to state my objections to you; which may be done in a single word to a gentleman of the profession, & yet be quite intelligible. In the mean time, I enclose you a rough copy of the observations I sent to Mr. M.: you will therefore make such use of them as you think best. The question, “By what law is the U.S. to be governed, besides the acts of the Legislature,” is a very interesting one. The Lex loci1 must in many cases govern—but in general matters what is to be the rule. What forms of writs shall be used? what shall be the effect of a judgt. in binding lands or of an Execution in binding personal Estate? Is there any limitation of actions in these Courts? What law ascertains the peremptory Challenges in Criminal cases—& what if the prisoner stands mute! Do Are the rules of the common law respecting the form & certainty of indictments to prevail—A thousand such question will arise—& Amidst the different decisions of the Common law—the Statute law of England—& the laws of the particular states, the Courts will be in a labyrinth of difficulties. The allusion is often made to some law. “Thus it is said if by law the action doth survive.” Does this extend to these action which survive by the Common law, or also to those preserved by the Stat. of Edw. .2 Suppose the action were an action of Trover:3 this form of action does not survive yet a remidy in another form does. We ought know what law it is is to give the principles that are to prevail in those new Courts. Another very interesting subject & which is closely connected with the peace of the union, is that respecting suits which are to be brought against States. It cannot be intended that suits shall lie against them in all those cases where it would lie for against individuals—& even in express contracts it will be difficult to enforce a decree if the State is refractory. What if a citizen of N. Jersey should put one of the certificates of this state in suit, which the State has determined they shall not be paid? What if young Mr. Penn4 who never was a citizen of Pennsa. should commence a suit for an immediate payment in specie of all the money (above £100,000.) that is due to him? Under what Limitations ought these suits to be? This bill & the examination I have given it tho’ but slight, shows me in a strong light, the difficulty of legislating for so great a country, consisting of such discordant materials. You did not inform me whether you received the Jersey paper money I sent by Col. Hartley and whether the sum was the ballance due. *** ALS, Wallace Papers, PHi. Written from “Rosehill,” outside Philadelphia. Part of the omitted portion relates to office seeking by John B. Bayard.
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The local law. 13 Edward I, c. 24 (1285), preserved the right of clerks in the court of chancery to issue writs which then became the basis of lawsuits. See DHSCUS 4:427n. 3 An action at law to recover the value of personal property illegally converted by another to his own use. 4 William Penn (1776–1845), son of Richard Penn and heir to that family’s litigated proprietary interest in Pennsylvania, was born and lived in Great Britain. 1 2
George Clymer to Tench Coxe I do not wonder that the proposed duty on Cotton has been ill received at Philada.—It was as ill relished by several of us here, but what could be done—When other states had taken care of themselves, in a manner indeed perfectly agreeing with the interests of the whole, the Carolinians insisted insisted upon this small tribute to them—It was opposed to this and at first with effect, that they could make no promise of supplying all the American demand in any short time, and that until they could the protecting duty without great benefit to themselves would greatly injure the attempts at a cotton Manufactory. But the Senate took it up and coming with their additional weight we have been obliged, ’tho sorely against our wills, to yield to the injustice. It is now too late to make alteration. I wish however some memorial jointly with the Massachusetts may at a convenient time be produced against it—I say it is now too late to agitate any question about Cotton [lined out] as a material or a Manufacture and so I believe Dr. [Thomas] Ruston has found it—I procured him an interview with some of the N. England delegates and with Mr. Cabbet [George Cabot] of Beverly who appears to have a very sensibly reflecting mind on the general subject.1 The latter did not favour Dr. Ruston’s notion of a present application to Congress, tho engaged himself in the Manufactory from a publick as well as a personal view—It is not sufficient that the future benefits of a manufacture can be demonstrated if it yet remains in an infant state—It must attract notice from its actual growth to stand the chance of legislative protection. The inverse of this ought to be the rule, but such is the humour here—to attempt any duty on fabriks interfering with our Philada. undertaking we perceived clearly would be to little purpose—I hope it may be tried the next year with some success. The impost after being driven like a foot ball about and at every stroke something knocked of[f ] is now to rest with the President—I may venture to say without much enmity to the spot where we are that if Congress has sat in Philada. this business important as it was would have been finished a month ago & the influence there, for Opinion is influence, would have determined, agreeably to the common wish of America, in favour of high
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duties—but how have we responded to this spirit? in this strong hold of G. Britain it is no wonder that we have fretted the whole away to rags—We shall not go much beyond the current expences of government. From What you say the inactivity of the opposite parties in Penna. are a ballance to one another, but the question is whether inactivity in such a cause as the [lined out] of a Convention2 is not opposition to it—As this question is answered so shall we have reason to be anxious or not. I fancy the Antifederalists with you wish to be let down easy, or they would not shew so much satisfaction at Madison’s amendments—Like a sensible physician he has given his malades imaginaires bread pills powder of paste & neutral mixtures to keep them in play—I am really glad of this disposition in them having greatly feared that they would not as such amendments were not wanted by the federal party so they would not at all have come up to the hopes of the anti-federal. I have not seen Mr. McClay for a day or two; when I do, I will ask of him a sight of the remarks.3 ALS, Coxe Papers, PHi. Both Cabot and Ruston petitioned Congress in 1790. See DHFFC 8:366–75. The movement to call a state constitutional convention. 3 Possibly Coxe’s “Remarks on Amendments” signed “A Pennsylvanian” and printed in the [Philadelphia] Federal Gazette on 18 and 30 June. 1 2
John Dawson to James Madison You will be pleas’d to accept my thanks for the Journals received a few days since by mr. [ John] Hopkins, from whom I learnt the different subjects which engage the attention of Congress and the variety of opinions on some of them. You have it in contemplation, I hear, to adjourn in august. Surely you will not do this without recommending those alterations which have been so ardently desird by many of the States, most of which will not materially effect the system, but will render it more secure, and more agreable in the eyes of those who were oppos’d to its establishment. I rejoice to find that you come forward at an early day with a proposition for amendments, altho I coud have wish’d they had been more extensive—experience, as well as sound policy point out, in my humble opinion, the propriety of the amendment propos’d by this State for rendering more secure our western territory, & for guarding against the danger of the surrender of the Mississippi1—that in the commercial regulations there will be efforts in the one part of the Continent to throw the weight of the taxes duties on the other, is apprehended by many and therefore the amendment propos’d to this part of the system is thought to be of importance.
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Those who are unacquainted with the difficulties and delays which ever attend the transactions of Congress, begin to complain, that too much time is taken up with rum, sugar, Molasses &c. *** ALS, Madison Papers, DLC. Written from Fredericksburg, Virginia. Portions of the omitted text describe Dawson’s postponed plan to visit New York and include greetings to Mrs. Dorothy Elsworth, mistress of the boarding house where Madison and several other Virginia and Pennsylvania Representatives resided. For the full text, see PJM 12:263–64. 1 The seventh amendment proposed by the Virginia ratification convention. See DHFFC 4:18.
Benjamin Goodhue to Insurance Offices of Salem The bill laying the duties passed both Houses yesterday and the House have concurr’d in the reduction of the duty on Spirits and every other article worth mentioning as proposed by the Senate, and the time mentioned in the bill for its commencement is the 1st of August—the bill for collecting the duties will be reported tomorrow, and is so put together that I suspect it will not take a great while, (I mean compared with past delays) to pass it—the Senate make considerable progress in the Judicial bill, and I think from present appearances, We shall adjourn by September—when the Collection bill [HR-11] is printed I will forward it to you as it will be reported—We have nothing more worthy of communicating. ALS, Goodhue Papers, NNS. Addressed to Salem, Massachusetts.
Thomas Hartley to Jasper Yeates I have the Pleasure to inform you that the Impost Bill yesterday passed both Houses and we presume the President will ratify it to morrow or next Day—it will operate by the Month of August—but this System cannot be said to be completed until The Collection Bill [HR-11] passes—which we hope to complete in about a week—thus we have got over (at least for the present) a very important Piece of Business—Much Delay has attended the Impost Bill—but the reasonable Mind will make the proper Allowances. As the Bill was so necessary in our House we gave up the Discrimination between Foreigners in Alliance and those out of Alliance with us—but in the Tonnage Bill which we had under Consideration Yesterday we adhered to a Discrimination by a Majority of one—This seems a Matter of Speculation. I am not so clear we are right—but the Pennsylvanians were unanimous.
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The Bills for establishing the three great Departments will I trust also soon make their way through. The Senate have the Law Department [ Judiciary Act] still under Consideration—they are now reading the Report of the Committee—and adopting or [lined out] rejecting the same—and I am told they have gone about one third through the Report as soon as they have adopted a Report the same will be published and officially sent to our House—I will then [lined out] forward you a Copy and shall beg for your Observations upon the same. An adjournment is spoke of to take place in September until the winter—So that I hope I shall be able to see my Friends and attend to my Business for a few Months. ALS, Yeates Papers, PHi. Addressed to Lancaster, Pennsylvania; carried by Rev. McKnight. In a separate letter of this date in the same collection, Hartley sought some information about Lancaster and also about Franklin College for a distinguished foreigner.
Thomas Martin to John Langdon . . . The bearer of this is . . . the son of a very industrious, honest Tradesman late of Boston who was intirely put out of his business, lost his life & his family ruin’d in consequence of the late War, being over Zealous in the American Cause & very forward in the destruction of the Tea in 1773, in the troubles of 75 the Opposers of the American Scheme having intire Command in Boston he thought their resentments might fall extremely heavy on those who had been forward in the Opposition to ministerial plans therefore . . . left the town & went to the Eastward leaving his house . . . on the evacuation in 76 his family returning to Boston found the town pillaged . . . I rejoice to find that Union & Zeal for the interest of this New Nation in the several branches of the representative body appears conspicuous, may their patriotic endeavor be blest with success . . . Summary and excerpt of ALS, Remember When Auctions, Inc. Catalog 44(1998):item 213. Written from Portsmouth, New Hampshire. The ellipses are in the source.
William Smith (Md.) to Otho H. Williams I have yours of 20th. In answer to which I would observe, That Mr. [Alexander] Furnival was much mistaken in his report respecting the impost bill; many of the senates amendments to that, as well as the Tonnage bill were rejected, by our house, & finally terminated in a conference between the two houses on friday last, & yesterday the house of Representatives
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agreed to concur with the report of their conference & the senates amendments. expe except the discrimination, in the Tonnage bill, between those nations in treaty with us, & those who are not, to that part of the bill we have adhered only by a majority of one. Say 26 to 25. And I think it more than probable, that the senate knowing, how nearly we were divided, will adhere to their amendment & we will give way. The first day of August is fixed in both those bills for their commencement—The committee on the collection bill [HR-11], will I expect, report thereon, tomorrow or next day, when it will probably undergo a radical examination in the house. As the bill Stands at present, Vessells in port will not be liable to pay any duty on tonnage but on Vessells entring only therefore I presume, whatever may be due on Vessells entring our ports before the laws of Congress take place will be collected under the existing State Laws—No Bill has yet been reported for registring, &ca. therefore I can give you no information on that head. Congress, will not interfere with the inspections of the several States, that being intirely left with themselves, but I think with you that it will be well for Congress, by their laws to Prohibit taking on board produce of the several states, without the laws of the respective States being first complied with. The Bill for Collecting revenue, as it now Stands, has fixed for a few principal ports, such as N.Y. Phila. Balto. &ca. &ca. three officers, To Wit a Coll[ecto]r. Naval Offr. & Surveyor. The duties of the first is to enter all Ships, take Bonds, & Collect the duties 1⁄4 % Cent the commission for collecting, the Naval officer is likewise to rec[eiv]e. from the Master & Mercht. coppies of their respective Manifests & Invoices, to Calculate the duties, as well as the Collrs. register the Same &ca. for & in consideration of wh. he is to receive one half of all fees—a few of which are as follows Viz. Six dollars for entring a foreign Ship, I think above 200 Tons & four dollars for an american Ship of that Size & so in proportion for a less Tonnage. I Suspect you need not be under any apprehension that there will be any deficiency in applicants for offices, even in Maryland & From Baltimore, I know there are more than you are acquainted with, I will not suppose that all those who are willing to accept appointments are qualified but that will rest with the president & Senate (I apprehend in a great measure with the latter) under their late rule. The present plan is that the Secretary of the treasury, who is to Superintend the finance, Shall also decide on the forms of Keeping & Stating accots. making returns, & in short to Superintend the collection of the revenue, & all money matters—which I Suppose some of the inclosed papers will Shew you more fully—I proposed in committee that there should be a comptroller in each State, or at least for every two or three States, that were contiguous to each other, whose business it Should be to attend to the collection of the revenue, prescribe forms &ca. but this was overruled.
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I think it will not be amiss for you to spend a week or two here about the latter end of Next month about that period (perhaps sooner) the appointments will probably be made, & being on the spot may be an advantage. *** The President has been very ill—[I] believe in great danger. yesterday for the first time he has had on his cloaths for many days. ALS, Williams Papers, MdHi. Addressed to Baltimore.
James Sullivan to Elbridge Gerry I rejoice with joy unspeakable and full of security, that the point is carried agt. giving the President the power contended for. we have the highest confidence in General Washington but he is out of the question in the matter the old antimonarchical party here veiw it as a question upon the Constitution. if the provision is made for the presidents having this Authority the Legislature have no need to interfere, if there is no such provision the Legislature have no right to grant it. Should Congress have the right to add to the powers of Supreme Executive or any part of it in one matter they may have in another if the power given the president is not well described the body which can describe can alter it. but I need not write you on this Subject your argument as printed in childs paper1 is unanswerable. I have given it to Edes with an introduction to print tomorrow.2 I shall send you the Paper by the next post. our Aristocrats Seem very quiet at present. they are composed of a set of men who consider the people made for Government and not the Government for the people they have no relish for your success because you retain the old revolutional principles. they have called in the old Tories to their Aid and would as soon thrust the Dagger at the President or Vice president as at you but they have not come so much within their reach they are much displeased with and Disappointed in the great Man from Virginia [Madison] they think he appears too serious in his Motion for amendments but some of us think that he is going so far and laying aside the amendments proposed by the Several States in order to prevent any thing being done on the subject, so we the people have our opinions and as yet in some instances dare to speak them. and we beleive that through your Exertions and those of others we shall yet hold that priviledge our papers of last week were only copies from N.Y. Papers therefore I do not send you any. I sincerely hope that [ John] Fenno and every other Partizan against the Freedom of the people of America will be discountenanced. the people have earned and deserve freedom. ALS, The James S. Copley Library, La Jolla, California. A second ALS of this date from Sullivan to Gerry, in the Gerry Papers, MHi, enclosed Sullivan’s letter to Adams of the same
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date (printed above). Sullivan asked Gerry to deliver it if “you think it quite prudent *** but if you have one Doubt return it to me again.” 1 2
Gerry’s speech of 17 June first appeared in the NYDA, 22 June. See DHFFC 11:900–902. Gerry’s speech was reprinted in Benjamin Edes’s Boston Gazette on 6 July.
Letter from Fredericksburg, Virginia, to New York I am much pleased with your account of the proceedings of Congress. The great zeal with which Mr. Madison has forwarded and supported the amendments, reflects the highest honor upon him, and will confirm him in the good opinion of his friends, at the same time it will reconcile all opposition to him. As it is admitted that the proposed amendments are only an explication of the system, and will not have any tendency to impair its powers; I must confess that the pointed opposition and little support, that this gentleman has received, excite my greatest astonishment. To deny that which may be granted without any inconvenience to the donor, discovers a very unfeeling disposition, and precisely on this ground do the amendments in my opinion stand; I have formed this opinion from the arguments of both its friends and opponents. I find myself equally disposed to commend this gentleman’s conduct, on the discrimination clause, a measure dictated by gratitude, and warranted by sound policy: In short, the only satisfaction we could take of Great-Britain for the contempt with which she has received our overtures for a commercial treaty. NYDA, 14 July; reprinted at Baltimore.
Other Documents
Abigail Adams to Mary Cranch. ALS, Abigail Adams Letters, MWA. Written from “Richmond Hill,” near New York City; addressed to Braintree, Massachusetts. For the full text, see Abigail Adams, pp. 11–14. Samuel A. Otis met her and her entourage with a carriage at the wharf on Thursday, June 25; “many of the Senators, all their Ladies *** and some of the Rep[resentative]s” have visited her at “Richmond Hill.” John Adams to William Davis. FC:lbk, Adams Family Manuscript Trust, MHi. Written from “Richmond Hill,” outside New York City; addressed to Boston. Office seeking; advises to apply directly to the President; if asked, he will give testimony in his favor.
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John Quincy Adams to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Newburyport, Massachusetts. Believes that Dalton sent the copy of the Judiciary Bill [S-1] that he has seen; Theophilus Parsons thinks six Supreme Court judges will not be enough, and objects to adding the district judge to the circuit court “because it gives him a casting vote in affirming his own decisions.” Robert Chesley to Michael Jenifer Stone. ALS, Washington Papers, DLC. Written from St. Mary’s County, Maryland. Office seeking: revenue officer on St. Mary’s River. Benjamin Goodhue to William Pickman. No copy known; acknowledged in Pickman to Goodhue, 2 July. Samuel Henshaw to Theodore Sedgwick. ALS, Sedgwick Family Papers, MHi. Written from Northampton, Massachusetts. Office seeking: has written Strong several times, and Dalton last week, to solicit their support; Partridge and Goodhue will support him, and Ames will not object although he probably supports James Lovell; a military appointment will be better for Benjamin Lincoln than a revenue office; “I rejoice at your faith that Congress will assume the State Debts”; your wife and family were well as of last Friday. David Meade Randolph to Josiah Parker. ALS, Washington Papers, DLC. Written from Presque Isle, Virginia. Office seeking: one of the revenue offices on James River. James Sullivan to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. Office seeking: he would not decline appointment as district judge. George Thatcher to Joseph Savage. No copy known; acknowledged in Savage to Thatcher, 4 July. George Thatcher to Sarah Thatcher. ALS, Thatcher Family Papers, MHi. Consoles her for missing him, “for I have some home-sick-hours too, when your Letters are my sweetest comforter”; looks forward “with pretty good assurance that Congress will adjourn by September.” Theodore Sedgwick to William Bacon. No copy known; acknowledged in Bacon to Sedgwick, 7 July.
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Samuel Winslow to Henry Knox. ALS, Knox Papers, Gilder Lehrman Collection, NHi. Written from Portland, Maine. “Mr. Thacher the Representative for this part of the Country has corresponded with several of the Merchts. of this Place upon the subject of the Impost Bill, and has requested them to propose to him such Characters for filling the necessary offices as they would wish him to promote.”
Monday, 29 June 1789 Hot (Johnson); warm (Sewall)
Comte de Moustier to Comte de Montmorin *** Even if the Consular Convention *** had arrived before the formation of the new Government, it could not have been ratified in as much as there has been a kind of cessation of Government up to the present time. I have tried to remedy the delay of the ratification as much as this depends on me without making any official demand, which did not seem to me to conform to what You have directed, Sir, in appointing me to speed up the ratification without making a great show of it or being too open. I have succeeded only imperfectly. The President of the United States has his own way of doing things, that is to say, that without any official request on my part he communicated the convention to the Senate, which must concur with him on all acts of executive power concerning foreign relations. This Senate which no doubt wants to consider closely this matter already so much discussed, has set it aside preferring to occupy itself with internal affairs to which it is not proceeding with great speed, so that I cannot tell when will be the right moment for them to take our convention under consideration, so that they will not feel pressured or find any obstacle for American trade in France that would make them not support a system that most Americans imagine to be useful only to us. It seemed to me to have been proper that the ratification of the Convention reach Mr. Jefferson at the same time as the Leave that will be sent off to the Minister Plenipotentiary in accord with the request that he made to the former Congress, which was not assembled for a single day and which therefore did not perform the legal act of dispatching a Leave. If the ratification has not reached Mr. Jefferson when he informs You of his leave, Sir, I think You could impress upon him how unbecoming is this negligence on the part of the new Government. He will himself certainly be much affected by it, but it seems to me that it might be useful to bring the Americans to a more active feeling toward France in giving their returning Minister a sense of
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how beneficial for them it is to adopt a system of conduct agreeable to His Majesty. A particular incentive that could render the observations You deem appropriate to make to Mr. Jefferson useful and effective is that it is not unlikely that this Minister Plenipotentiary would become, upon his return, Minister of Foreign Affairs, if Mr. Jay obtains the post of Chief Justice as expected. Although Mr. Jefferson has been delayed, there will be nothing lost for him because the slowness of the Congress in all its operations will give him time to arrive, perhaps even well before all the departments, and especially the judiciary department are formed and organized. However, Mr. Jefferson’s views on the post of Secretary of Foreign Affairs are unknown. It is generally believed only that if he is disposed to accept it, it will be offered to him, just as it is believed that Mr. Jay would like a permanent position better than one that could be revoked without process. This change suits us in every regard, Mr. Jefferson being better informed about the customs and conventions between Sovereigns and Nations, having more elevated sensibilities, more conciliatory manners, and inclinations that are more suitable to the good of his country (which demands the approbation of the King) than the man he would replace. The Senate has agreed to the leave which the President granted to Mr. Jefferson as well as the nomination by the First Magistrate of Mr. [William] Short with the title of chargé d’affaires. These are the first two acts of authority exercised by the President. Senate approval is given by ballot. The votes were unanimous, undoubtedly due to a special regard for the President as much as in consideration of Mr. Short. It is not known whether the Senate will definitively use the ballot to make its approval of the President’s nominations known. Since, in such cases, the Senate must give not only its approval but also its advice, it would be difficult to give advice by ballot. All is still in flux in the new Government. Infants who begin to walk on their own are often subject to missteps before going briskly and with assurance. It is perhaps for this reason that the two Houses of Congress are making such slow progress in the operations they have undertaken. The creation of a revenue is the primary one that has originated in the House of Representatives, the establishment of federal courts has held the attention of the Senate during the same time. The formation of Administrative Departments has already occupied the House of Representatives for some time. In fact, there is still nothing decided and the Federal Government, though endowed with great power, yet currently wields none and presents the singular spectacle of a Government without courts, without treasury, without army and without Ministers. In such a strange situation, there was a momentary disturbance as the prospect of a more unusual event presented itself, should the confederation
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lose its chief [because of illness] before being able to consolidate. Because in fact the political edifice of the United States is as yet barely prepared to set its foundation. *** What supports the United States in their state of tranquil anarchy is their distance from every foreign power, the lack of interest that any of these has in troubling them, and the existence of the individual State Governments, which in fact would suffice to maintain them if the Americans did not have a mania to play a great role in numbering themselves among the premier nations of the globe, which they flatter themselves to surpass already in many ways and which they imagine one day they shall exceed in every way. The individual States, while waiting for the formation of a bill of federal revenue, have fully enjoyed the product of the customs duties for four months without contributing anything to the expenses of the Federal Government, which has only been deprived of revenue up to now for having not yet been able to determine the mode of establishing and collecting it. It is a loss of at least two million livres tournois. The year is going to end without Congress having sold off any lands in the federal territory, named the Western Government [Northwest Territory]. During this time the migrations are taking another course and in spite of the speed of the population [increase] the lands can only be occupied in succession; those of Congress will consequently be some time in regaining their value. The emigrants from the Eastern states, who were inclined to go to Kentucky or to settle along the right bank of the Ohio, are stopping this year in the lands of upstate New York that comprise a very large district which has been given the name of Ontario County, while waiting for it to be populated enough to be broken up into several counties. *** I learned that, in the past year more than 40 British square rigged vessels exported wood from the port of Savannah alone and they paid in gold and silver. Similar exportations were made in the Northern United States and in other areas. In short, it seems by their continued purchases that the English are undertaking a large stockpiling of wood, principally in their sugar colonies. This operation is attributed to their design to resist the kind of commercial war that they think the new American Government is inclined to make on them in order to bring them to arrangements favorable to American trade in the English Antilles, where American ships are completely barred though their commodities are admitted under the English standard, under which sugar and coffee are also exported for the Continent, which makes for a very different system from our own. If the English have no other motive for this large accumulation of wood that they are undertaking in the United States than to withstand Congress’s commercial warfare, they could succeed to a certain extent, because Congress is very needy and has no other revenue than that of custom duties, a stagnation of English
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Commerce would affect its finances to the point where it might be necessary to relax the rigors to which this Commerce is submitted. If things were thus, it would be a propitious circumstance for the project I am proposing to Mr. [ Jacques] Necker for the foundation of a branch of French Commerce in this country. French merchants could replace the English profitably both in selling and buying. A more prompt and efficacious means of putting Congress in a position to resist the schemes of the English would be to put them ahead with a loan, which corresponds to an idea which I have already developed in my memo No. 2. of 25. Dec. last. In this all depends upon the views of the King towards the United States and on other circumstances, which only His Majesty’s Council can appreciate. *** The Captain Ferrier affair remains the same.1 I already had the honor of informing You of the manner in which the State of Virginia treated the recommendation of Congress. I think that the new Congress or rather the President of the United States in whom executive power is now vested, will not be in a rush to take up this Issue, which is a matter of interest only to us and not to the Americans, who on the contrary ask nothing more especially in Virginia than to promote emigration on some principle that they make for themselves. I learned that a similar incident occurred in Baltimore, but I am unaware of the results. At this time of nullity in the Federal Government, and while the ratification of our consular convention remains on hold, every decision of this kind depends on the mood of the Governors of each individual State, who in similar cases are able to interpret the law at their discretion. *** DHFFC translation of a Copy in Correspondance Politique, Etats-unis, 34:195–205. Part of the omitted text refers to Washington’s illness, the Creek Nation, and Georgia, Kentucky, and American access to the Mississippi River, English and French trade with the United States, and advises that French ships should avoid Newport because Rhode Island was out of the union. 1 Captain Joseph Marie Anne Ferrier was at the center of a major jurisdictional dispute among Virginia, France, and Congress beginning in October 1787, when he was confined by the French vice consul at Norfolk on charges of barratry, the illegal plundering of a ship’s cargo by its captain and crew. Before he could be extradited to France, he was released on bail by a writ to answer a suit brought against him locally, as required by a state statute of 1780. Despite Moustier’s enraged protests and a recommendation by Congress on 13 June 1788, Virginia’s Governor Edmund Randolph did not feel empowered to suspend the writ or assist the vice consul in the absence of any consular convention stipulating otherwise. The affair fueled the urgency behind negotiations begun in 1781 that resulted in the first FrancoAmerican consular convention, signed in November 1788 and ratified by the Senate on 29 July 1789 (Mary A. Giunta and J. Dane Hartgrove, eds., The Emerging Nation: A Documentary History of the Foreign Relations of the United States under the Articles of Confederation, 1780–1789 [3 vols., Washington, D.C., 1996], 3:781–83, 810–12; JCC 34:218; PTJ 14:69, 82–84).
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Roger Sherman to Rebecca Sherman The late bereaving Stroke of divine Providence in our family is very affecting to me—I Should have been glad to have been with him Wm. [Sherman] in his illness but could not—I am informed by Isaac’s [Sherman] letter that all possible care was taken of him, and that Mr. [Simeon] Baldwin was very helpful in ministring to him, and he has given me a particular account of his case in his letters. I Shall ever retain a grateful Sense of his kindness therein. It is is my earnest Prayer that this Providence may be Suitably regarded by me & all the family and especially the Surviving children, of our family, & his Child—that they may be excited to be always in an actual readiness for death. Our children have all been brought under the Bond of the Covenant, by Baptism, but those of them who are come to years of discretion Should consider that it is indispensibly necessary for them to give their cordial consent to the Covenant of grace and that it is their duty to make a public profession of of Religion. and attend all the ordinances of the Gospel, and in order to understand how this Should be done in a proper manner they Should Search the Scriptures & attend public preaching—The Sermon that I agreed with Mr. [Reuben] Moss to print will give much light on that Subject—I would have each of the family have one, and give two to John’s [Sherman] family one to Mr. Baldwin one to William’s daughter Betsey, & to the following Persons. Dr. [Ezra] Stiles, Dr. [ James] Dana, Dr. [Samuel] Wales, Dr. [ Jonathan, Jr.] Edwards Mr. [David ] Austin—Brother Josiah, Mrs. Minot & her son. I want much to come home, but it is difficult leaving the business at present—’tis Supposed by Some that congress may make Such arrangements by September as to adjourn to Decr. I can have leave of absence but Should be unwilling to leave the business at present I Should be glad to have you write to me that I may know how You do. and what You want—I had thought of Sending home piece of India Taffity for Becca and Betsey but cant find any, the India Ships are gone to New Jersy—& dont expect to bring much of the goods here until the State duties are expired—I received my trunk by Capt. [William] Clark. I am in health. ALS, Sherman Collection, CtY. Addressed to New Haven, Connecticut.
Alexander White to Horatio Gates A Question has been agitated in Congress which I presume will cause some Speculation among the People—the several Retailers of Speeches have
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published what they pleased as my Argument on the subject, that which seems to come nearest the truth is contained in the enclosed Paper—The impost Law passed the Senate yesterday—after a free Conference between the two Houses—Our Eastern Brethern have taken us in with Respect to Molosses, for which it is said [lined out] we are indebted to our Senator R. H. Lee—The Tonnage Bill will be lost, unless one of the Houses recede from a principle in which both seem much attached to their respective opinions— Whether there shall be a descrimination between the [lined out] Vessels of Nations in Alliance and those not in Alliance—there is a great Majority in the Senate against a discrimination, the Majority for a discrimination in the House of Representatives yesterday was but One The President has been very ill of an Imposthume in the thigh, it has been opened suppurates well he is now able to walk with a Crutch, though he was for a time confined to his Bed. *** ALS, Gates Papers, NN.
Other Documents
Richard L. Barnes to Michael Jenifer Stone. ALS, Stone Papers, MdHi. Written from Leonardtown, Maryland; carried by Henry Carberry. “I am concerned, that New York is not as agreeable a place, as you expected as well for the satisfaction of Congress, as an inducement, for their continuing there, for such time, as a proper place, may finally be fixed on, for the seat of Government, which as it will materially benefit, the place, that will be adopted, will of course cause much heat, and party bustle, which ought to be avoided as much as possible”; pities Congressmen for having to attend to requests for support from office seekers “but that is unavoidably anexed to their station, and I flatter myself, they will make proper allowances for their Friends”; gave Henry Carberry a letter of recommendation to Henry and C. Carroll. Clement Biddle to Henry Knox. ALS, Knox Papers, Gilder Lehrman Collection, NHi. Written from Philadelphia. Office seeking: federal marshal for Pennsylvania; has written Morris, Maclay, and a short letter to Grayson; seeks suggestions for what measures he might pursue with other Senators. Benjamin Contee to Levi Hollingsworth. No copy known; acknowledged in Hollingsworth to Contee, 30 June.
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Silas Deane to William Samuel Johnson. ALS, Johnson Family Collection, CtY. Written from London, England; addressed to Stratford, Connecticut. For the full text, see New-York Historical Society Collections (1890):528–29. Accompanying letter to Wadsworth of 25 June contains details of his efforts to have his public accounts settled and character exonerated, for which he solicits Johnson’s support. Elbridge Gerry to Samuel Holten. ALS, Gerry Papers, MHi. Office seeking: has not forgotten Holten’s letter of 17 February recommending Samuel Williams for a revenue office at Salem; if Williams wishes to be collector or naval officer, he should apply to the President; if he wishes a subordinate office, he should apply to the men appointed to fill those positions. Edward Rutledge to Pierce Butler. ALS, Wister Papers, PHi. Place from which written not specified. Expresses thanks for the Butlers’ attention to his son Henry and concern for Mrs. Butler’s health. Elizabeth Sherman to Roger Sherman. ALS, Sherman Collection, CtY. Written from New Haven, Connecticut. For the full text, see Sherman, pp. 221–22. Particulars of the death and interment of her brother, Sherman’s son, William, who was buried at 3 o’clock on Saturday; begs her father to come home, even if just for two days. Roger Sherman to Simeon Baldwin. ALS, Sherman Collection, CtY. Addressed to New Haven, Connecticut. For the full text, see Sherman, p. 223. Thanks Baldwin for attending Sherman’s son William during his fatal illness; heard of his death in a letter from son Isaac on Saturday evening. Joseph Whipple to John Langdon. FC:dft, Sturgis Family Papers, MH. “You have much business on your hands & we are informed that you are very necessary to Mr. Adams in his present Station—Shoud Mr. Adams be appointed to the Judiciary or any other department that will remove him from the chair you will in the Senate you will undoubtedly be placed in it if its your choise”; despite clamor from office seekers, is confident that Langdon’s influence will preserve Whipple in his current office of collector at Portsmouth, New Hampshire; asks Langdon to promote the sale of Whipple’s land in Dartmouth to interested foreign speculators.
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Letter from New York. [Philadelphia] Federal Gazette, 1 July. Reprinted at Baltimore; Richmond, Virginia; Charleston, South Carolina; and Savannah, Georgia. The Impost Bill [HR-2] passed the Senate on Saturday; will be handed to the President today.
Tuesday, 30 June 1789 Hot (Johnson)
James Boyd to John Adams Your Excellency will pardon the freedom of my addressing you, when you are acquainted with my sufferings & my present Indigence. which is such as urges me to request your Influence with Congress respecting the resolv’s of this Court1 relative to my sufferings which was sent on to Congress by Order of Government bearing date Novr. 10th. 1786,2 Copy of which by the desire of the Honble. Mr. [ James] Bowdoin. I inclos’d to the Honble. Mr. Dalton on the 3 In[stan]t. requesting him to deliver the same to your Excelly. As your Excellency was in Europe at the time those papers were sent to Congress. I was inform’d by several Gentlemen then in Congress that nothing respecting them cou’d be done untill your return to America as the Eastern Boundary Line was not then determin’d. Altho’ that Matter is not yet fully determin’d as to the River St. Croix, I am clearly of opinion that its the most Nothern River, as that was the only one known to the Indians by the Name of St. Croix, & is the River [ John] Mitchel was Order’d by Government to explore & take the true Course, I was present with Mitchel when the Indians (upon oath) declaird that to be the only St. Croix—I am encouraged by my Freinds who have wrote to Congress in my behalf to hope that Congress will take Notice of my present Indigent situation & in their wisdom & goodness grant me some relief, as I am the only Refugee yet unnoticed. P. S. for any particulars I beg leave to refer to Mr. Dalton, who I wrote fully too. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. For background on the northeast boundary dispute with Great Britain, see DHFFC 2:359–87 and LDC 23:340. 1 2
The Massachusetts legislature or General Court. For this document, see DHFFC 2:383–84.
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William Bradford, Jr. to Elias Boudinot I wrote you a few days ago, inclosing some remarks upon the bill for establishing the fœderal Courts. I have since had some conversation with others on that subject, & the system does not meet with approbation from any professional Gentleman. There is one thing observable in the jurisdiction of the district Judge, & that is, that it is very much limited, except in the case of seizures. Take away the jurisdiction over them, & in time of peace, he will be have little to do, & a man of real talents will hardly be found to accept it: & with a jurisdiction so extensive over seizures it seems to require a man of the first Abilities. Would it not therefore be best, to add to his jurisdiction over cases in equity & at law to a limited amount, & secure a person of consequence to fill this post & ease the Circuit Judges who seem to have an accumulation of Business far beyond a common portion of industry to dispatch. *** ALS, Wallace Papers, PHi. Written from Philadelphia. The omitted text includes a recommendation for Edward Shippen as Pennsylvania’s federal district judge, in preference to Francis Hopkinson. The latter’s appointment, joined with James Wilson as circuit judge, “will not be very pleasant to the Gentlemen of the bar in this State.” Bradford also sends regards to Hartley.
Benjamin Goodhue to George Washington Mr. Goodhue, a member from Massachusetts, and resident in the Town of Salem would beg leave, in as much as the bill for collecting the revenue [HR-11], now before Congress contemplates the formation of several districts, at which Officers are to be appointed, for the purpose of making such collection, humbly to recommend to the President of the United States, such persons, for filling those Offices within his neighbourhood, as by his personal knowledge of their abilities and integrity he may deem worthy of such a trust, and whose appointments, he has the fullest assurance will meet the general wishes of his Constituents. For the district of Salem, William Pickman Esqe. as a Collector, and Joseph Hiller as Naval Officer—the former he has known from Childhood, and is one of the best families in the Town, is now their Representative in the State legislature, and is strongly recommended to several members of Congress, by his Townsmen, as well as some of the first characters in the State, as being well qualified for this Office—the latter is an amiable and worthy man, who now irreproachably holds the same office, under the State
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government—for a Surveyor for Salem, Mr. Goodhue is not yet prepared for a recommendation, but will endeavour to be in season. For a Surveyor for Marblehead, Stephen Sewall, for Beverly, Josiah Batchelder Esqe., and for Ipswich, Jeremiah Staniford, each of whom are now employed, in their respective ports as Naval Officers. For the district of Newbury port, are Michael Hodge, Jonathan Titcomb and Stephen Cross, two of whom are now employed in the State revenue, and the other is well qualified for such business. ALS, Washington Papers, DLC.
James Madison to Thomas Jefferson By this conveyance you will receive permission through Mr. Jay to make your proposed visit to America. I fear it will not reach you in time for your arrival here before the commencement of the windy season; yet I hope the delay will not oblige you to postpone your voyage till the Spring. The federal business has proceeded with a mortifying tardiness; chargeable in part on the incorrect draughts of Committees, and the prolixity of discussion incident to a public body, every member of which almost takes a positive agency, but principally resulting from the novelty and complexity of the subjects of Legislation. We are in a wilderness without a single footstep to guide us. Our successors will have an easier task. And by degrees the way will become smooth short and certain. My last informed you of some of the difficulties attending a regulation of the duties. The bill on that subject [Impost Bill HR-2] has at length recd. the fiat of both Houses and will be forthwith made a law by the concurrence of the President. The rates are not precisely on the scale first settled by the House of Reps. The most material change is in the articles of rum and molasses. The necessity of preserving a certain ratio between them is obvious. The ratio sent to the Senate was that of 12 Cents on the former and 5 d[itt]o. on the latter. The Senate returned them in the ratio of 8 and 21⁄2. which has, after a conference, prevailed. The Senate has prevailed on another point [lined out] in the bill which had undergone more discussion and produced more difficulty. It had been proposed by the H. of Reps. that, besides a discrimination in the tonnage, a small reduction should be made in the duty on distilled spirits imported from Countries in treaty with the U. States. The Senate were opposed to any discrimination whatsoever, contending that even G. Britain shd. stand on the same footing with the most favored nations. The arguments on that side of the question were that the U. S. were not bound by treaty to give any commercial preferences to particular nations—that they were not bound by
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gratitude, since our allies had been actuated by their own interest and had obtained their compensation in the dismemberment of a rival empire—that in national [lined out] & particularly in commercial measures, gratitude was moreover, no proper motive, interest alone being the Statesman’s guide— that G.B. made no discrimination agst. the U.S. compared with other nations; but on the contrary distinguished them by a number of advantages—that if G.B. possessed almost the whole of our trade, it proceeded from causes which proved that she could carry it on for us on better terms than the other Nations of Europe—that we were too dependent on her trade to risk her displeasure by irritating measures which might induce her to put us on a worse footing than at present—that a small discrimination could only irritate without operating on her interests or fears—that if any thing were done it would be best to make a bolder stroke at once, and that in fact the Senate had appointed a Com[mitte]e. to consider the subject in that point of view. On the other side it was contended that it would be absurd to give away every thing that could purchase, the stipulations wanted by us, that the motives in which the new Govt. originated. the known sentiments of the people at large, and the laws of most of the States subsequent to the peace shewed clearly that a distinction between Nations in Treaty and Nations not in Treaty would coincide with the public opinion, and that it would be offensive to a great number of Citizens to see G.B. in particular put on the footing of the most favd. nations, by the first act of a Govt. instituted for the purpose of uniting the States in the vindication of their commercial interests agst. her monopolizing regulations—that this respect to the sentiments of the people was the more necessary in the present critical state of the Government—that our trade at present entirely contradicted the advantages expected from the Revolution, no new channels being opened with other European nations, and the British channels being narrowed by a refusal of the most natural and valuable one to the U.S. in the West Indies— that [lined out] this evil proceeded from the deep hold the British monopoly had taken of our Country, and the difficulty, experienced by France Holland &c. in entering into competition with her—that in order to break this monopoly, those nations ought to be aided till they could contend on equal terms—that the [lined out] market of France was particularly desireable to us—that her disposition to open it would depend on the disposition manifested on our part &c. &c.—that our trade would not be in its proper channels untill it should flow directly to the countries making the exchange, in which case too american Vessels would have a due share in the transportation, whereas at present the whole carriage of our bulky produce is confined to British Bottoms—that with respect to G.B. we had good reason to suppose that her conduct would be regulated by the apparent temper of the new Government—that a passiveness under her restrictions would confirm her
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in them, whilst an evidence of intention as well as ability to face them would ensure a reconsideration of her policy—that it would be sufficient to begin with a moderate discrimination, exhibiting a readiness to invigorate our measures as circumstances might require—that we had no reason to apprehend a disposition in G.B. to resort to a commercial contest, or the consequences of1 such an experiment, her dependence on us being greater than ours on her. The supplies of the United States are necessary to the existence, and their market to the value, of her islands. The returns are either superfluities or poisons. In time of famine, the cry of which is heard every three or four years, the bread of the United States is essential. In time of war, which is generally decided in the West Indies, friendly offices, not violating the duties of neutrality, might effectually turn the scale in favor of an adversary. In the direct trade with Great Britain, the consequences ought to be equally dreaded by her. The raw and bulky exports of the United States employ her shipping, contribute to her revenue, enter into her manufactures, and enrich her merchants, who stand between the United States and the consuming nations of Europe. A suspension of the intercourse would suspend all these advantages, force the trade into rival channels from which it might not return, and besides a temporary loss of a market for 1⁄4 of her exports, hasten the establishment of manufactures here, which would so far cut off the market forever. On the other side, the United States would suffer but little. The manufactures of Great Britain, as far as desirable, would find their way through other channels, and if the price were a little augmented it would only diminish an excessive consumption. They could do almost wholly without such supplies, and better without than with many of them. In one important view the contest would be particularly in their favor. The articles of luxury, a privation of which would be salutary to them, being the work of the indigent, may be regarded as necessaries to the manufacturing party: that it was probable nothing would be done at this session, if at all, in the way projected in the Senate;2 and in case a discord of opinion as to the mode, the degree, and the time of our regulations should become apparent, an argument would be drawn from it in favor of the very policy hitherto pursued by Great Britain. The event of the tonnage bill, in which the discrimination was meant to be most insisted on by the House of Representatives, is not yet finally decided. But here, also, the Senate will prevail. It was determined yesterday in that House to adhere to their amendment for striking out the clause, and there is no reason to suppose that the other House will let the Bill be lost. I mentioned in my last that both the Senators of Virginia were for admitting Britain to an equality with the most favored nation. This was a mistake as to Grayson. The other bills depending relate to the collection of the Impost, and the establishment of a war, foreign, and Treasury Department. The bills on the
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two first of these departments have passed the House of Representatives, and are before the Senate. They gave birth to a very interesting constitutional question—by what authority removals from office were to be made. The Constitution being silent on the point, it was left to construction. Four opinions were advanced: 1. That no removal could be made but by way of impeachment. To this it was objected that it gave to every officer, down to tide waiters and tax gatherers, the tenure of good behaviour. 2. That it devolved on the Legislature, to be disposed of as might be proper. To this it was objected that the Legislature might then dispose of it to be exercised by themselves, or even by the House of Representatives. 3. That it was incident to the power of appointment, and therefore belonged to the President and Senate. To this it was said that the Senate, being a Legislative body, could not be considered in an Executive light farther than was expressly declared; that such a construction would transfer the trust of seeing the laws duly executed from the President, the most responsible, to the Senate, the least responsible branch of the Government; that officers would intrench themselves behind a party in the Senate, bid defiance to the President, and introduce anarchy and discord into the Executive Department; that the Senate were to be Judges in case of impeachment, and ought not, therefore, to be previously called on for a summary opinion on questions of removal; that in their Legislative character they ought to be kept as cool and unbiased as possible, as the constitutional check on the passions and parties of the other House, and should, for that reason also, be as little concerned as possible in those personal matters, which are the great source of factious animosities. 4. That the Executive power being generally vested in the President, and the Executive function of removal not expressly taken away, it remained with the President. To this was objected the rule of construction on which the third opinion rested, and the danger of creating too much weight in the Executive scale. After very long debates, the 4th opinion prevailed, as most consonant to the text of the Constitution, to the policy of mixing the Legislative and Executive Departments as little as possible, and to the requisite responsibility and harmony in the Executive Department. What the decision of the Senate will be cannot yet be even conjectured. As soon as the bills are passed, Mr. Jay and General Knox will of course have their commissions renewed. The bill relating to the Treasury Department is still before the House of Representatives. The [Treasury] Board will be discontinued, but the business will be so arranged as to make the comptroller and other officers checks on the Head of the Department. It is not clear who this will be. The members of Congress are disqualified. Hamilton is most talked of. The Senate have in hand a bill for the Judiciary Department. It is found a pretty arduous task, and will probably be long on its way through the two Houses.
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Inclosed is a copy of sundry amendments to the Constitution lately proposed in the House of Representatives. Every thing of a controvertible nature that might endanger the concurrence of two-thirds of each House and three-fourths of the States was studiously avoided. This will account for the omission of several amendments which occur as proper. The subject will not be taken up till the revenue and Department bills are passed. The President has been ill. His fever terminated in a large anthrax3 on the upper end of his thigh, which is likely to confine him for some time. Incomplete ALS, Madison Papers, DLC. 1 The ALS ends here. The remainder of the letter is taken from PJM 12:269–72; its source was William C. Rives and Philip R. Fendall, eds., Letters and Other Writings of James Madison (4 vols., Philadelphia, 1865), 1:479–85). 2 Senate Committee on North American trade, see DHFFC 1:69, 82–83, 109–10. 3 A carbuncle or malignant boil; probably a malignant pustule caused by infection from animals. Dr. Samuel Bard diagnosed Washington as having anthrax (PGW 3:76n).
Edmund Randolph to James Madison I thank you sincerely for several letters, which my vagrant life between this place and Richmond upon business has prevented me from acknowledging in due season. The amendments, proposed by you, are much approved by the strong fœderalists here and at the Metropolis [Richmond]; being considered as an anodyne to the discontented. Some others, equally affectionate to the union, but less sanguine, expect to hear at the next session of assembly, that a real melioration of the constitution was not so much intended, as a soporfic draught to the restless. I believe indeed, that nothing, nay not even the abolishment of direct taxation would satisfy those, who are most clamorous. But I confess, I am still in hopes to see reported from your mouth some review of the various amendments proposed, and declaration reasons against the fitness of such, as appeared improper for adoption. I am now well-persuaded, that there is danger of the executive being a feebler member of the government, than I once supposed. I therefore much approve of the power of removal for which you have lately contended. But the temper of those, who boast of being democrates, does not relish the fabrication of one great man, and throw out of view, when they manifest their intemperance on this subject, the probable wickedness of faction. At this distance from the center of deliberation, it would be rashness in the extreme to charge the fœderal arrangement of the fœderal courts with impropriety. I myself in particular, who know the discordancy of the states
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in judiciary matters, and the difficulty of obtaining concessions from lawyers, and especially from lawyers of different usages, cannot be hasty in dealing out censure. But you will excuse me for the following sentiments, formed without premeditation. 1. I pass by the title; tho’ judiciary courts might perhaps be converted into an expression, indicative of more accuracy and attention. 2. The number of supreme Judges is too small, to make head against eleven state-judiciaries, always disposed to warfare. Nine or perhaps eleven would not transgress the limits of œconomy too far, and would give an opportunity of gratifying each state with a supreme as well as a district judge. 3. In general I see nothing improper in an even number of judges in the dernier1 resort. In the present case a question decided by a bare majority in a circuit court, one of which shall be the district judge, but affirmed in the supreme court, merely because the voices there are equal on each side, will excite murmur. 4. The jurisdiction is inartificially, untechnically and confusedly worded. Would it not have been sufficient to have left this point upon the constitution itself? Will the courts be bound by any definition of authority, which the constitution does not in their opinion warrant? 5. I cannot discover, what disadvantage the system would have Sustained by dividing the courts into separate laws. The equitable jurisdiction at least, which has crept in, seemingly uninvited and half forgotten, would have come forth with more lustre, than it does, crammed into a corner. 6. No man is to be sued but in his own district, or where the writ shall be served. What limitation is this? 7. The minute detail ought to be consigned to the judges. Every attempt towards it must be imperfect, and being so may become a topic of jocularity ridicule to technical men. I wish this idea had been thought worthy of attention; [lined out] thus the bill would have been less criticized. I wish even now, that the judges of the supreme court were first to be called upon, before a definitive step shall be taken. A temporary provision, until their report can be had, surely is not impossible. I can speak in generals only; but I beseech you and my friend A. White, to whom I should have written but for the heat of the day, and a hope, that you will shew him this letter—not to suffer the bill to be sealed as a law in its present dress. ALS, Madison Papers, DLC. Written from Williamsburg, Virginia. 1
Last.
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James Sullivan to Elbridge Gerry I do not like that clause in the Judiciary bill which gives the District Judge a Seat with the Judges of the Circuit Court. he will have formed an opinion in the trial in his own Court which he will not willingly relinquish upon the other Bench. and the prejudice which he imbibes from Time to Time in the district where he resides will be easily communicated to the Judge with Whom he will associate on the Circuit. having a good excuse for absence perhaps there will Seldom more than one of the Supreme Judges appear on the Circuit. two Courts an Inferiour and Superiour Serve as a check on each other. in causes between man & man when [lined out] a question of mere property is to be determined this is not seen or felt; but when the essential rights of the Subject are concerned it becomes of great consequence. this was realized in England when Campden [Camden] C. J. of Common pleas granted a habeas Corpus for John Wilkes in open opposition to the opinion of mansfield & the Judges of the Kings bench.1 but this union of power will destroy this check & make the district Judge what Government or the higher Court will wish him to be. our people have been unused to a measure of this kind. our Laws have been calculated car in careful opposition to it. a Judge of Probate could not be allowed to plead or Sit in a Cause appealed from him. a Judge never allowed to Sit in an appeal from him as a Justice of the peace. in Short the idea is habitually odious to the people of this State. if prudence in Expence could have a claim to be heard where the question is on the purity of the fountains or Scources of Justice, the claim would be very weak here for the expence of nine Judges instead of Six would not be great. you have nine District Judges if they have no Seat on the circuit Court 600 Dollrs. a year or there abouts will be a full compensation for their four Terms which will take eight week a year; but if you give them the rank they will claim as circuit Judges three Times that Sum will not do; there will be no great Savings then by a a System calculated upon these principles. a great matter in the management of Tribunals is to Send every reasonable man away Satisfied. but our people will never be easy to have the same Judge upon the appeal. he may some times reverse his own decree but this perhaps may be as much from a popular clamour against it as from a Conviction of his Error. this bill is drawn in what perhaps is conceived an immitation of the English Circuits. one Judge goes the circuit in nisi prius2 Courts and if he gives a wrong opinion a motion is made in [lined out] a Court of all the Judges for a new Trial and if one is granted another Judge generally goes that Circuit the next Term, or if he goes again he is bound by the opinion of the whole. but here, before the opinion of the Six Judges is had the same Judge sets twice in the same Cause and if a new trial is ordered after Judgment in the Circuit Court the same Judge Sits in the same Cause again. the
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Senate appoints the Judges but the House ought to gaurd the issues of Justice from every undue influence a word to the wise is enough—you may rely upon it that this mixture of Courts is dangerous. You have in the inclosed paper all the News we have our people are generally pleased excepting a few at the late decission in your House last post inclosed you a Letter to deliver if you thought proper I believe the Turkey is carved & every piece marked for the plate of a friend therefore I wish you to return that Letter if you should not have delivered it when this reaches you. I wish you to Act According to your discretion however. I have a hint that the Gentleman to whom it is addressed [ John Adams] has not retained his friendship for me I am easy about all the Loaves & all the Fishes. you may communicate as much of my Letters to you as your friendship will allow of. no more on this Subject. ALS, Gerry Papers, MHi. Written from Boston. 1 Charles Pratt (1714–94), first earl Camden, acting as chief justice of the court of common pleas, granted a habeas corpus in the case of the arrest of British pamphleteer and member of Parliament John Wilkes (1727–97) for seditious libel on 30 April 1763. On that ruling, as in subsequent opinions against the legality of general arrest warrants, Camden was opposed by Chief Justice Lord Mansfield. 2 A trial of issues of fact before a jury.
Letter from New Jersey to New York The report of the committee, for ascertaining the wages of Congress, will, I believe, throw this country into a flame. I have not heard a person speak of it, but with indignation and resentment. We generally consider it as utterly inconsistent with every idea we have had of a republican Government. Where is there a precedent either in Europe or America of such wages to legislators? That given to the late Congress cannot by any means be considered as such. They were not properly legislators at all, but rather a council for the states—They were chosen in the most perilous times America ever saw. Every man whose name was inrolled among that body, was sure, had the British succeeded against us, of a forfeiture, both of life and estate. And after the peace we were from year to year expecting a new form of government, and as their number was small and each paid by their own state their wages was not much attended to, tho’ in some states it was reduced, notwithstanding in the war it was in many states near a third lower than the committee has now fixed it. The British Parliament, if my information be right, cannot by law de-
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mand more than six shillings per day sterling for their services, and our councils and assemblies throughout the continent, previous to the revolution, had but from six to ten shillings per day currency, and we had frequently among them men of the first abilities. Where then will these gentlemen find a precedent for such wages? or do they want none? In short, we consider the wages, reported by the committee, at least double what it ought to be: and I am fully of opinion, that if the report is adopted by the house, and enacted into a law, it will be attended with more serious consequences than, perhaps, those gentlemen are aware of. We were in hopes that the example set by our worthy President, in his excellent speech to the two houses,1 would have restrained them, when deliberating upon their own wages, to a moderate compensation for their time and expenses: but how greatly are we disappointed when we find that the quantum fixed by the Committee is at least double what we have any reason to suppose each member could make by his attention to his own business at home. The absurdity of making the speaker’s wages higher than any other member, is obvious to every person who is the least acquainted with legislation; except that of being confined to a punctual attendance on the hours the house sits, (and which by the by every good member will consider as his duty also) the Speaker’s is one of the easiest births in the house. He is never put upon a Committee, nor is it ever expected he will draw any of the bills or messages. Twelve Dollars per diem, or seventeen hundred and fifty two pounds per annum may be viewed as a pretty annuity by the gentleman who is to receive it; but with the addition of near nine hundred a year to each of the other members, will be considered in a very different light by the poor mechanic and laborer—who fought our battles in the late war—who must contribute to the payment of it, and many of whose families must subsist annually on less than a twentieth part of that sum. I hope for the honor of this state, that none of the members from it, if they were on the committee, voted for the wages reported. Had I been a member of it, I should have moved for a resolve to have been added to the report similar to that of Rehoboams resolution, by the advice of the young men, delivered to the Israelites upon the death of his father.2 Such wages may enable our Representatives to live away and support a Theatre;3 but without any pretention to a spirit of prophecy we may venture to affirm, that under such expence of government, neither the defence of the states will properly be provided for, nor the public debts paid unless by a taxation that will reduce the people to buttermilk and potatoes for their daily fair. To hold up an expence of near ninety thousand pounds per annum for the wages of the legislators, only to those states, who have not yet adopted the
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Constitution at a time that they are inviting them to come in, is strange policy indeed. I have been a warm federalist from the beginning, and it is well known that the state to which I belong, adopted the Constitution unanimously without proposing a single amendment; I am therefore the more deeply concerned to see any thing done even by a committee of that body which will have a tendency to prejudice the minds of the people against the new government. [Elizabethtown] New Jersey Journal, 8 July; reprinted at Norwich and Hartford, Connecticut; Lansingburgh and New York, New York; New Brunswick, New Jersey; Philadelphia; and Wilmington, Delaware. The inaugural address is printed in DHFFC 1:30–33. Upon the death of King Solomon, the ancient Israelites appealed to his son, King Rehoboam, to lighten their heavy yoke. After consulting for three days, Rehoboam rejected the counsel of his father’s old advisors and harkened instead to “the young men” he grew up with, resolving to add to the people’s burden (I Kings 12:3–14). 3 New York City’s single theater was a powerful symbol of luxury and dissipation in 1789, when the repeal of long standing prohibitions against the stage was being agitated in Philadelphia and Boston. 1 2
Other Documents
Nathaniel Falconer to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Philadelphia. Office seeking: customs office in Philadelphia; refers him to a certificate sent to Morris, but “as there are a great many Appliers from this Place to Mr. Morris,” he seeks Adams’s support too; Governor Thomas Mifflin has written on his behalf to Langdon and the President. Levi Hollingsworth to Benjamin Contee. FC:lbk, Hollingsworth Papers, PHi. Written from Philadelphia. Repeats offer for Contee to draw on his account for cash to return home as soon as possible; happy that Congress has begun to make progress; “The People here began to clammor. they say you have too many Speakers who would rather harang about this mode of drawing the Cork than let their Friends taste the Liquor contained in the Bottle.” Edmund Plowden to Michael Jenifer Stone. ALS, Washington Papers, DLC. Written from “Bushwood,” (Maryland?). Hopes Stone is recovered enough from the fall he took en route to New York to take his seat; public support for the federal government rapidly increases; recommends Henry Carberry for public office; when Stone’s arm improves, favor Plowden “with the Politicks of the Metropolis.”
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Governor George Walton to Georgia Delegation. FC, Governor’s Letterbook, G-Ar. For the full text, see DHFFC 7:470. Encloses an order of executive council soliciting their promoting the settlement of the accounts of Mrs. Thomasin Gordon, widow of Col. John White. Samuel Winslow to Henry Knox. ALS, Knox Papers, Gilder Lehrman Collection, NHi. Written from Portland, Maine. Office seeking: collector at Portland; merchants there have written Thatcher in support of James Lunt; Daniel Davis will write on behalf of Winslow to Thatcher, a classmate of Winslow.
June 1789 Undated Arthur Campbell to [Andrew Moore?] Your favour of the 23d. of April came to hand the second instant—And since I have taken care to communicate the information therein contained which must be pleasing to every friend to the prosperity of his Country. To me it is matter of exultation as this is it is the very system I have uniformly? often wish’d to see take place. There is nothing now wanting to establish the public confidence but to find the same enlightned policy prevail in an œconomical appropriation of the money thus to be raised. Although we rejoice to hear that the general national legislature are disposed to moderation and conciliatory measures, yet I trust it will also discover firmness when necessary exertions require it. There is not the least danger from all that Mr. [Patrick] Henry or Gov. [Alexander] Martin can do. They may intrigue a little, and now and then mislead the uninformed legislatures of Virginia and N. Carolina; but trust me the great body of the substantial yeomanry of both States are out of their reach and will act independently and right in the end. As to the subject of Amendments it is a weighty matter, and may bid fairest for a right judgment proper decision by delaying the subject for some time; cannot we venture to bring a little experience to [lined out] the aid of all the prescience of opponents in order to form a right judgment. In short we trust that in such an enlightned and beneficent policy, will pervade all the acts of the national Legislature; that instead of the State governments awing them into their improper measures they will serve for a model to look up to (for to enable them to square [lined out] local regulations by the general ones). A government of wise laws, faithfully administered will soon reconcile every body, and restore the spirit of Commonwealth to its pristine vigour. All this we may expect to see brought about in time, under the superin-
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tendance of our wise and good President. But still we may dread commiting an error by having our expectations too high raised, we attempt to precipitate such matters, that require time to mature. A Revenue is was a primary and necessary object, accordingly Congress first attended to that it. This gives a good presage of the future propriety of future proceedings. An augmentation of the army will no doubt be necessary. And the beginning of a Navy, 1st. By way of guardships & to secure your Impost the Collection of your impost &c. Is it thought of, to place Garrisons along the northern boundary of the Florida? (for the same reasons—and to perpetuate the peace with the Spaniards). One on the Altamaha, another on the Mobile, and a third at the Nachez may do be sufficient. At the Near the mouth junction of the Ohio & Missisippi, at the mouth of the Illinois, and one on lake Erie—will be three more. Towards Canada & Nova Scotia some strength Troops may also be wanted. These it may be easily be seen are all necessary to increase and secure the impost and keep peace and of course will [lined out] be a popular measure. for some time past I have been of opinion that Would it not be a salutary measure if the South Western territory ought to be regulated in the same manner with should now have a temporary government erected similar to that over the Ohio, to include Kentuckey. Of late I much doubt whether the Inhabitants of this Country are fully ripe for separate governments, some symptoms have been discovered that indicate they are not. They ought to learn a little more federalism. If you like the hint, I [lined out] can give you several more items on the subject in my next. Did not the former Congress act rather prodigally, in their disposition of Western lands, a gradual sale seems to be the best. What is extravagance in an individual, may be more so in a State. We ought to leave something for posterity. Besides it [lined out] may weaken the old stock too much fast, by [lined out] over frequent transplanting the branches. It too often serves unworthy speculators—And dissipates an important public fund, without receiving solid Coin in lieu thereof. The affair of forming commercial connections with foreign powers. Britain may seems to be an exception to all the rest. Let the stipulations already entered into with that power be fulfiled, in which she ought to lead the way. We in good faith to follow after. This may be an. FC:dft, Campbell Papers, Filson Club, Louisville, Kentucky. Probably written from Washington, Kentucky. The letter is incomplete. The identification of the recipient is based on the implication that he was a member of Congress and the fact that Campbell corresponded with Moore. The June date is based on the time it took for a letter to travel from New York City to Kentucky.
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Peter Stephen du Ponceau, Analysis of the Judiciary Bill The Bill for the organization of the Judicial Department being now before Congress, the Admiralty Jurisdiction seems to be a most important object in its discussion. The Constit The manner in which this Department will be considered in the Judicial Bill, will greatly extend or restrict the Jurisdiction of the United States, & will be of great advantage or detriment to the Commerce of this Country. By the Constitution of the United States, the Congress as vested or their Judicial Officers are vested with the cognizance over all matters of Admiralty Jurisdiction, but how far that Jurisdiction extends has not been clearly pointed out by the Constitution, & remains at present to be decided. The point must either be settled at the present moment by a clause in the Judicial Bill, or must be left open as the ground of future discussion in the Federal Courts. We Shall consider hereafter what may be the consequence of this latter mode, & continue our enquiry on the supposition that it is an object immediately to be settled. In this case there seems to be but two ways of fixing a determination. By the Constitution of the United States the Congress or their Judicial Officers are vested with the cognizance of all matters of Admiralty jurisdiction. By the 2nd Section of the 3rd Article of the Constitution of the United States, [lined out] it is provided that the judicial power of the United States Union shall extend to all cases of Admiralty & maritime Jurisdiction, but how far that Jurisdiction is to extend, it has not particularly pointed out. It is a point yet to be decided & gathered from a view of the whole System of the Constitution, whether the Admiralty Jurisdiction is to be restored to its ancient & natural bounds, or whether it is to be limited & restricted by those Statutes which the jealousy of the common Lawyers on the one hand, & the encroachments of the Civilians on the other brought into existence. In the first case America may become possessed of a general & uniform System of Maritime Laws, in the second partial Laws only can be enacted which will reach only no further than a particular description of persons & will become the source of an eternal clashing of Jurisdictions & a perpetual War of Prohibitions between the Federal Courts & those established under the Government of the particular States. In order to develope this idea it is necessary to enter into some considerations upon the general subject, & enquire with some degree of particularity into the nature of the Jurisdiction we are treating of, considered in itself & without relation to the Ordinances of any particular Country, to trace its establishment in England as far as possible to its source & mark its progress
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in the Country from whence we have adopted our System of Laws to the present time, & then from the whole from this investigation we conceive great assistance may be obtained in finding out the true Spirit of our Constitution on the subject, which no doubt having had the interest of the United States only in view ought to be our principal guide in so important a disquisition. Were the whole System of existing Laws to be overthrown, & new boundaries to be fixed between the several Jurisdictions of the Judicial Department, the nature of the questions to be brought before each Court, would probably be the proper ground on which to fix the boundaries of their respective Jurisdictions—Thus the Law of Nations The first distinction would undoubtedly be between The Law Thus the Law of Nations, The The Law of Nations & the municipal Law,1 each of which might be distributed subdivided into Civil & Criminal would possibly constitute the first & most general division—The Law of Nations might also then admit of a Second Subdivision Second Subdivision, to wit, into the federal Law of Nations, whose province should be to regulate peace & War & enforce the performance of treaties, & the commercial Law which descending from Sovereigns to individuals should enforce but yet extending Justice beyond the limits of its own territory should compel the execution of Commercial Contracts. And lastly, as a branch of the latter, the Maritime L And this last might still be Subdivided into terrestrial & maritime, Bills of Exchange, Negotiable Notes, Mercantile Accounts Bankruptcies &c. should be the natural object of the former & maritime Contracts Contracts purely maritime of the latter Subdivision. Each of these branches Should naturally form the object of a Separate Jurisdiction, tho’ the cognizance of matters relating to two or more of them might be vested in one & the Same Court. But the Legislator would beware of creating Such artificial divisions as would rather tend to confound Jurisdictions than to fix them, by making establishing them on the locality or on the personality of actions, as for instance by Subjecting two Contracts of the same nature, but [lined out] entered into in different Countries places or by different persons, as for instance two Bonds made the one at New York Sea & the other at Amsterdam & the other Land or the one by Peter & the other by Paul to two different Jurisdictions because those Contracts being of the same Nature, the same Natu Rule of course ought to govern them—It is true that Contracts made into foreign Countries are sometimes to be explained regulated or explained by the Lex loci,2 but this does not militate against the rule here laid down, because otherwise there ought to be as many Jurisdictions as there are Countries in the World where Contracts may originate, & also because the Laws of all Nations & particularly the Commercial Laws & also because it is to be Supposed that a Judge whose Jurisdiction is limited to Causes questions of a particular Nature has at least a general ac-
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quaintance with the regulations of other Countries on the same subject, whereas a Judge who should be confined to controversies arising abroad, which might be of as many different Natures as there are objects of Controversy among Men, it would be impossible for him in the course of a whole life, to become Master of the Laws of all Countries upon every subject And lastly the question of the Lex loci is in most instances so closely interwoven with the Merits of the action, that determining deciding on the [lined out] point of Jurisdiction would be deciding determining the cause itself. Nor are the causes of particular descriptions of persons proper or convenient grounds on which to fix a Jurisdiction, because it is not always possible to ascertain before an Action is instituted whether a party comes within that particular description which subjects him to this or that particular Tribunal, & this may be productive of an infinity of pleas in abatement or Exceptions declinatory which may give an infinity of trouble to the suitors, & in both cases, whether actions Jurisdictions are founded on the locality or personality of actions or contracts the cognizance of causes of the same Nature being divided between different independent Tribunals, it prevents that uniformity of decisions which is so necessary to the equal distribution of Justice. Upon these considerations & others not less important which do not come within the present plan that Article of the Constitution of the United States3 which gives cognizance to the Judicial power of the Union of controversies arising between foreigners & Citizens & between Citizens of different States, may appear inconvenient, & perhaps the Jurisdiction of the federal Courts might have been more conveniently regulated by attending to the nature of the causes which were thought proper to be brought before them, but it is also probable that this matter has been fully & maturely considered by the Convention, & that they have had sufficient reasons to settle this point as they have done, considering that many parts of the System are the result of accommodation, & that care was to be taken not to create jealousies which however that they might fall on improper objects, yet might have been productive of disagreeable consequences. Neither does this point come within the design of this present investigation otherwise than as an illustration of the general Doctrine of Jurisdictions which we have thought necessary to lay down as a material ground of this inquiry. It should be further added observed that the mere form of Contracts, is of all objects the most improper to create a difference of Jurisdiction. Thus giving to one Court the cognizance of a Simple Contract without seal, and to another that of the very Similar cont the very same Contract with this only difference that it has a Seal annexed to it, is absurd & without any foundation in reason. It is substance & not form that make the only Solid distinctions, & if this principle is once lost sight of, the law must be for ever involved in a maze of endless perplexity.
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These principles being established, the Law which now obtains in England respecting the Courts of Admiralty, can only be accounted for from the spirit & history of the times that gave rise to it & not upon any principles of reason or general Jurisprudence. In fact the Admiralty Tribunal, called the instance Court which has lately obtained the name of the instance Court,4 if we consider it as restricted by the Statutes of Richard 2 has no authority at all but what it has since usurped. For as those Statutes have been construed by Lord [Edward ] Coke & the most eminent common Lawyers, the Admiralty has no cognizance of any civil matter but of contracts made at Sea to be executed at Sea, which in fact seems to amount to an impossibility, or a thing which must happen very rarely indeed. If a Contract is made at Sea to be executed at Land, or at Land to be executed at Sea, it becomes a matter of Common Law Jurisdiction. The Admiral, says Lord Coke is like unto Neptune, & has no dominion but over the Sea, and observation This observation was perhaps admired at a time when quaint Sayings but too often Supplied the place of reason & common sense but it would hardly pass at present for an Argument. Of later times the Cognizance of Mariner’s Wages, foreign Bottomries in some cases & a few more trifling objects have been from the Necessity of the thing introduced into the Admiralty Courts & winked upon by the Courts of Common Law, but the matter has rested there, the Admiralty has still been excluded from its Jurisdiction over other Maritime Contracts, & has been denied cognizance of any Contract whatever, when under Seal. The Law books teem with Cases of Prohibitions granted or denied to the Admiralty Courts, cases often contradictory, & in general founded on no solid principles, & of all parts of the Law, this particular Jurisprudence is fraught with the greatest uncertainty. Ms, hand of du Ponceau, Miscellaneous Manuscripts, PPAmP. The editors thank William R. Casto for calling this document to our attention. Although undated, the fact that it does not refer to the Judiciary Act of 1789 argues strongly against its having been written during Congress’s consideration of a new judiciary act in 1801. It was likely written in response to requests by Pennsylvania Senators Maclay and Morris, beginning 16 June, for thoughts regarding enclosed printed copies of the bill. See Casto, “Additional Light on the Origins of Federal Admiralty Jurisdiction,” Journal of Maritime Law and Commerce 31:143–64. The law of the state. The law of the place. 3 Article III, section 2. 4 The court that exercises all normal Admiralty jurisdiction except prize cases, handled by prize courts. 1 2
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Letter from New York The Senate have had the judiciary system before them. No bill is yet brought in, but the Committee have agreed to the following principals: That there shall be a Court of Admiralty in each state, to consist of one Judge, who, besides his admiralty jurisdiction, shall have criminal jurisdiction in smaller offences. That the supreme court shall consist of six Judges. That the states shall be divided into circuits, and each circuit into districts. That inferior courts shall be held twice a year in each district, which courts shall consist of two of the supreme Judges and the admiralty Judge, and shall take cognizance of all cases of federal Jurisdiction, whether in law or equity, above the value of 500 dollars (inferior matters to be left to the state courts) and of all criminal cases, not within the jurisdiction of the admiralty Judges. This court shall act as a nisi prius Judge,1 in cases originating in the supreme court, and as a court of appeals from the admiralty court; and from this court no appeal shall lie, except the matter in dispute be of the value of 2000 dollars; and in common law cases, in points of law only. In cases of concurrent jurisdiction, the plaintiff may sue either in the state’s or federal court, but having made his option, he shall abide by it. A defendant sued in a state court, in a matter of federal jurisdiction, may remove the cause to the federal court, before trial, but will not be allowed to appeal. [Winchester] Virginia Centinel, 8 July; reprinted at Edenton, North Carolina. This letter was written before 12 June when the Judiciary Bill was printed. Its author was probably White. 1
Presiding over a trial of issues of fact before a jury.
Other Documents
Shearjashub Bourne to George Thatcher. Summary of ALS, Paul C. Richards Catalog 6(n.d.):item 73. The June date is supplied by the editors. “Re the possibility of Barnstable being made a Port of Entry and Delivery.”
July 1789
Wednesday, 1 July 1789 Hot (Johnson)
Fisher Ames to Samuel Henshaw I am going to write very hastily, tho’ I have long intended writing—My doubt whether the Genl. Court continued sitting has kept me silent for some time past. I am, as I ought to be, grateful for your kind letters. I wrote you very freely upon the subject of the excise—and am bound to thank you for the discreet reserve you have maintained in regard to my remarks. You caution me not to risk the motion unless the debts are assumed by the public I wish the assumption ardently, & shall thank you for any hints in relation to the best mode and time of doing it—The present may seem too early. Either of these objects may be found difficult—combining them may be an augmentation of the risk—The excise seems now to be proper— we are providing a revenue—Taking upon congress the state debts is an after business, when the productiveness of the funds is ascertained by experience. Taking the exise will set the antis a murmuring—but the plea that it will disable the states from paying their creditors will derive little more strength from that measure than it has now by the impost—for I would not spoil the excise as they would have spoiled the impost by making it excessive While the high duties were near passing who complained that the states were hardly used? The excise of 3 or 4 cents on rum added to the impost of 10 will fall short of the proposed 15 The impost will affect the massachusetts excise more than a federal excise as 10 is more than 3 or 4. I mean that an excise will very little increase the injury to our state excise—beyond what the impost has already done Why then will it be so very unpopular? The expectation that the public, eventually will assume the debts will keep them quiet, or their clamours will operate to produce the assumption, which we desire. A clamour for an assumption is no undesirable thing—I fear delays—The excise if neglected will be watched by the state dragons, & being a new tax will set people a murmuring—Now they expect indirect taxes— 907
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You will not want my remarks to place this matter in the proper point of view. I forbear therefore, and only submit them to you. I have drawn an excise bill, before I saw your’s—making the importer deposit or give bond—I had gone a little further I had allowed any persons to give bond to pay the excise—so that the importer producing their certificates should be clear—You will observe, this is going only one step in this certificate system Our State suffer’d by extending it much further. I must finish—no news—Gen. [Elisha] Porter will tell you all that is doing The tonage has passed—no discrimination in favour of states in treaty. ALS, American Manuscripts, MB. Addressed to Northampton, Massachusetts.
Josiah Parker to George Washington Major [William] Lindsay and Captain [Daniel] Bedinger his deputy has forwarded to me Letters with a request that I should inclose them to you The first is Naval Officer & Collector of Elizabeth River District resident at Norfolk or Portsmouth he succeeded me in office with my full approbation. and employed Captain Bedinger as his deputy who I know by experience (he haveing lived with me when in Office up wards of three years) to be fully equal to any duty in that department which may be assignd to him. he is a Native of Berkeley County. Served in the Army from his early youth—was captured at Fort Washington—and was noticed by General [Nathanael] Green in the southern department as a valuable officer, when I was appointed Naval Officer he was recommended to me as a deputy by Colonel [Edward] Carrington. and I found him fully equal to my expectation. he would not wish to surplant Major Lindsay. but as there are to be a Naval Officer & Collector of the District he solicits the one which Major Lindsay may not obtain. My Brother Copeland Parker allso served me as deputy untill my resignation but as he is a young man & never had the honor to serve his Country. I would not recommend him in preference to either—but as a Surveyor is to be appointed he will be happy to accept of the appointment, he is well acquainted with the duties of the Office & his fidelity can be relyed on. Captain Thomas Bowne requests to be continued as Officer at south Quay Mr. Gibb [William Gibbs] at Follys landing & George Savage Esqr. at Cherrystone—they have been in Office some time and have acquired the confidence of the Executive of Virginia. Mr. J[ames]. B. Nickolls who married a Sister to Mr. [ John] Swanwick of Philadelphia a Merchant at Portsmouth & a man of business has solicited me to name him to you—as desirous of being employd as Naval Officer or Collector.
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Colonel Willis Willson representative of Norfolk County who was a Captain in one of the state Ships allso desires to be named. As well as Colonel Thomas Mathews representative of the Borough & Speaker of the Assembly, they are ready to receive any appointment which you may think they deserve. Mr. Archibald Richardson Searcher at Suffolk wishes to be appointed Surveyor there & Colonel James Wills of the Militia of Isle of Wight requests to be appointed Surveyor at Smithfield. Colonel [William] Finnie has allso requested me to name him as willing to [lined out] be employed in any Manner you may direct. Being sensible you will be troubled with a variety of applications and not Willing to be troublesome to you. have done myself the honor of nameing those persons who expects it from me—and leave the rest with great Submission to your better Judgment. [P. S.] Since writeing the above have received a letter from David Meade Randolph Esqr. which I do myself the honor to inclose. ALS, Washington Papers, DLC.
John Pickering to John Langdon . . . The bill for establishing the Federal Court has excited great speculation here, and that part of it making this State and Province of Main(e) one district, great detestation . . . derogatory to the state as it implies that this is inferior to every other state in the Union, every other having the honor and privilege of seperate districts . . . would deprive them of half the Circuit and district Courts, oblige them to travel . . . twice a year to Portland [Maine]—to have a trial there (if it may be called such) by a Jury . . . The Federal constitution1 says the trial of offences shall be in the state where the offence shall be committed and the constitution of this State in the county where the crime shall be perpetrated2 . . . Excerpt of ALS, Remember When Auctions Inc. Catalog 44(1998):316. Written from Portsmouth, New Hampshire. The ellipses are in the source. 1 2
Article III, Sect. 2, para. 3. Article 17 of the New Hampshire constitution, in force since 1784.
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John Pickering to Paine Wingate By the favor of Mr. Sherift [Pierce Sheriff?], I have been indulged the perusal of the bill for the establishment of the Federal Courts—That part of it making this state and Province of Main one district strikes your constituents here with abhorence. They concieve it deragoraty to the State, as it implies that this, is inferior to any other state in the Union, every other having the honor and privilege of a seperate district: That it would be both humiliating to the State, and injurious to its subjects—as it would deprive the citizens of it, of half the circuit and district courts—oblige them to travel with their witnesses from every part of the State to Portland three times perhaps a year—to have a trial by a Jury strangers to one party, but friends and fellow-citizens to the other. If the bill means that this shall be in criminal as well as civil cases, it is repugnant to the consititution of the Union and of this state—I find no exception in the bill. Shall all this be done to gratify the Massachusetts under pretence that their Commonwealth can be made conveniently one district? Why not, as well as one Commonwealth? Shall this state be deprived of her right and rank on that account? If Massachusetts cannot be made one, let it be made two districts. Let the eastern territory of that Commonwealth be made a seperate district. Sound policy (if revenue is the object) dictates that it should be—This part of that Commonwealth containing as many square miles as all the rest of the New England States, a Sea Coast of three hundred miles in extent, abounding with rivers bays harbours Creeks &c. contrived by nature for smuggling, ought to have a vigilant Judge living in or near its center; without which it will be unpracticable to prevent the inhabitants of the adjoining British Colony [Nova Scotia], having every advantage and temptation, from following an illicit trade with the inhabitants of this territory, who will find it for their particular benefit to countenance and promote it. Neither my health or time will permit me to remark on other parts of the bill which I think are not yet matured. I presume our members will exert all their powers to prevent the junction in manner proposed, and to weigh and digest this important bill. ALS, Emmet Collection, NN. Written from Portsmouth, New Hampshire.
Theodore Sedgwick to Benjamin Lincoln Last evening I had the pleasure to receive your favor of the 24. ult. for which you will please to accept my sincere thanks. Sorry am I to learn that the public Debtors do conduct unworthyly. I hope, however, no consideration of self interest will ever induce me for a moment to ballance between
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my self interest that and the duty I owe my country, the true interests of which I conceive inseperably connected with a restoration of public credit, with public faith and public honor. But my dear sir, I am not convinced that the funding of our state debt would at the present moment be promotive of public utility. Before this government can operate in such manner as to produce those beneficial effects which its friends have predicted, will it not be indispensible to annihilate the state debts? Will not the the interference of the state legislatures for that purpose introduce a principle and spirit of hostility between them & the general government? Any direct tax my mind has hitherto contemplated will be unequal, partial, productive of the spirit of party and ineffectual in its operation. An excise to be productive must be oppressive to the states, while burdened with a debt. Besides, is it probable that from the impost alone sufficient funds can be provided to support the Government, punctually to pay the interest of our domestic & foreign debts & to pay the installments of the latter as they shall fall due? I fear it cannot be expected. What then is to be done? At once I say with the magnanimity and liberality of a spirit truly national assume the debts of the individual states. then & not till then in my opinion will the federal councils assume a national aspect. But you will ask what is all this to the expediency of the states in the mean time making the necessary provision? I answer should the states provide the funds which will be efficient, the holders of their securities will not consent to loan their debts to the U.S. and at present to some a loan would be extreamly imprudent and might shake the government to its very foundation. It may be said that a general assumption will not do compleat justice to all the states. agreed, but will compleat justice be done in any other mode? The State of N. York for instance has nearly sunk her debts. What causes have produced this event? partly [blotted out] the manner in which she furnished her quota of supplies, (with which you are well acquainted) and partly from the confiscation of forfeited estates, which on every principle of justice, and rational policy should have been considered as national property. Thus, my dear sir, have I in great haste suggested a few hints on this important subject. Will you consider it at large and give me your opinion? I shall not fail to consider and attend to the interest of our very worthy and respectable friend judge N[athan]. Cushing. What say our friends on the subject of a compensation to the executive and the members of the legislature? Is not the report too high? ALS, Lincoln Papers, MHi.
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George Thatcher to Robert Southgate Yours of — [15 June] has come safe to hand; and the one to Mr. King delivered. I wish it was in my power to gratify your wish in having Scarborough a port of entry—But I cannot effect it—It has been an object with the House of Representatives to diminish rather than increase the ports of entry, compared with the numbers in the several State Regulations—Presuming it would be more convenient for masters of Vessels, coming into Scarborough, to enter at Saco than at Portland I have got that port within the District of Biddeford & Pepperrellborough—And I hope the change will be agreeable—but if it is not I shall be sorry. That some Gentlemen have made their observations upon my corresponding with the persons you mention has not been unknown to me—but, my friend, none of those Gentlemen, some of whom have been very uncandid in their observations, ever asked, or even hinted to me that it would be agreeable to them to recieve Letters from me while at New-York—While I have made it a rule, from which, if my memory serves me, I have not deviated, to correspond freely with every person who desired it, or asked me to write to them—ought I to do more? [lined out] The Impost [lined out] of the antifederalists, As to gaining the favour of Feds or Antifeds it never, as I believe you know, has been an object with me any further than it has gained by been the effect of an independence & rectitude of Conduct—and so far as this has a tendency to conciliate and engage the good will of either party, I trust these Gentlemen themselves, will say is no way blameable—And I believe that all who know me will acquit me of being what is commonly called a people-pleaser—Indeed my sentiments upon almost every subject is different from people in general—and it is well known I have in no instance made use of disguise—but in all cases spoke as I thought—whether my notions & Ideas were agreeable, or disagreeable to others—The Impost Bill has passed both houses, and gone to the President—it is to take effect on the first day of August. A Tonage Bill has passed & repassed from the house to the Senate several times, & the house is now discussing some amendments proposed by the Senate—the question is called for—on which the yeas, & nays are taken— in a few moments I shall be able to tell you the fate of the Bill—the question is carried in favour of agreeing to the amendments proposed by the Senate—so the Act passes & goes to the President for his approbation— This Act also is to take effect on the first of August—As soon as they are published I will forward you a copy of each. We shall on the morrow proceed to consider the Bill for collecting the Impost—This will pa[ss I] think, without much difficulty.
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Mr. King just now sent me the inclosed p[aper] & desired me to convey it to you—He & fam[ily] are well—He goes this week to Albany to [attend?] the General Assembly of this state of which [he] is a member. ALS, Scarborough Manuscripts, MeHi. Addressed to Scarborough, Maine.
Other Documents
Theodorick Bland to George Washington. Wrapper endorsement only extant, Washington Papers, DLC. Officeholding: candidates. Benjamin Contee to Levi Hollingsworth. No copy known; acknowledged in Hollingsworth to Contee, 2 July, Hollingsworth Papers, PHi. John Jenks to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Salem, Massachusetts. Office seeking: Joseph Hiller for naval officer of Salem. John Langdon to Eleazer Russell. No copy known; acknowledged in Russell to Langdon, 13 July. Tobias Lear (for Washington) to John Dandridge. FC:lbk, Washington Papers, DLC. For a partial text, see PGW 3:204n. Details about an order for £800 on Brown in favor of the President. Frederick William von Steuben to John Adams. LS, Adams Family Manuscript Trust, MHi. Informs Adams that seats will be set aside for members of Congress at St. Paul’s Church for the Society of the Cincinnati’s July Fourth commemoration; in a second letter, Steuben adds that seats will be set aside for particular public characters and includes six tickets for Adams’s family. Frederick William von Steuben to William North. ALS (in French), Steuben Papers, Oneida Historical Society, Utica, New York. The fracture of Huger’s leg is so bad one fears for his life, and the weakness of his constitution and the great heat further endanger his recovery.
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Thursday, 2 July 1789 Hot (Johnson)
Fisher Ames to George R. Minot You seem to consider me as a kind of traitor to your expectations of a weekly letter. In sober truth, I set out better than I can hold out. While I scribbled the hasty reflections which occurred to me, and which came in more plenty because the novelty of my situation supplied them, I imposed no guard upon my prudence, and felt little reserve. But inasmuch as your [Wednesday Evening] club expects my communications, I begin to put on a wise face, and to calculate how very profound the remarks must be, which will be worthy of the attention of those gentlemen. Mr. . . . may be assured, that I am not hardy enough to expose any undigested, crude opinions, to the censure of so redoubted a critic. Nor would it be safe to lay aside my caution, if any thing should occur which might affect the interests and feelings of the harmless flock under his pastoral charge. Yesterday, for instance, the tonnage bill came upon the tapis. The discrimination in favor of nations in treaty with us, would not go down in the Senate. They expunged the clause which creates it. The House non-concurred. The Senate adhered, and sent back the bill. Mr. Madison, who patronized it, urged the House to adhere to their vote allowing the discrimination. He said it was a point not to be given up. On the other side, it was said to be a mark of obstinacy and ill-temper, thus repeatedly to disagree; harmony between the two Houses was to be cultivated; the loss of the bill would ensue, as the Senate was nearly unanimous, and inflexible; that the loss of revenue, and the injury to the navigation of the Union, which this bill would favor, were weighty considerations. The ayes and noes were demanded by Mr. Page; the bill passed, thirty-one against nineteen; and so the discrimination is expunged. Whether Mr. Madison’s conduct were not a little intemperate; whether there is any reason for his principles, which would not operate against the loss of the bill? The whole merits of the question of discrimination, that is to say, of favoring the French and restricting the English, will not be clearly understood by the papers. It is proposed to wage a commercial war with England. The proposed measure would not injure, though it would irritate, England. It would not benefit France, though every Frenchman seemed to wish it. And it would deprive our treasury of some revenue, and give less encouragement to our own shipping than it merits. However, the Britons have so large a proportion of the shipping employed in our country, that it would have little effect in the two latter ways. If so, it would be a wanton insult upon one nation, and an empty compliment to the other.
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Why, then, was it wished and pushed so very zealously? Its commercial effects would be little. Was it for the sake of its political effects? Was it to prolong in America the expiring spirit of alienation and hatred, which the war had fostered against England? The Constitution was supported by arguments tending to prove that general laws of trade were necessary to exclude the Britons from our trade, and great effects were promised, more than can ever be verified. Part is certainly true, and I am clearly of opinion that the navigation and manufactures of America cannot well be too much encouraged. But the people have been led to expect an exclusion of the British rivalry, that we may force or frighten them into an allowance of a free trade to the West Indies, &c.; and the people of Virginia (whose murmurs, if louder than a whisper, make Mr. Madison’s heart quake) are said to be very strenuous for a law to restrict the British trade. They owe them money, perhaps would be glad to quarrel with their creditors. Their tobacco will sell in all events. But are we Yankees invulnerable, if a war of regulations should be waged with Britain? Are they not able to retaliate? are they not rich enough to bear some loss and inconvenience? would not their pride spurn at the idea of being forced into a treaty? would not their politics be offended at the partial fondness for France? would not they exclude our potash, flaxseed, &c., and shut us out from their India factories?1 perhaps foment the discontents of the Western people, and protect them against the government, and eventually supply their West Indies from the Mississippi. Is it not more prudent to maintain a good understanding with Great Britain, and to preserve a dignified neutrality and moderation of conduct towards all nations? It is said the Senate are willing to put all foreign nations trading here upon the footing of our people in their ports. But is it not a risky measure, exposing a feeble trade, as the American is, to the shock of experiment? Will the people forbear murmuring, if the West India trade should be cut off? Will it not affect our own government? Had we not better wait till government has gained strength? And then, if we can extend our own trade, by retaliating upon foreign nations their own restrictions, I would do it; but I am afraid of taking an intemperate zeal for reformation of commerce for my guide. Some say, let us interdict all trade with the British Islands, unless in our own vessels. Whether we could carry such a law into effect, I doubt. I think we could not. If we could, what effect would it produce? By the neutral ports, from Hamburg, the Baltic, and the British colonies, they would still be supplied with provisions and lumber. But they would be supplied at a dearer rate. Britain could well bear the loss of forty or fifty thousand pounds sterling. But would not a part of that loss fall upon us? Lumber is worth nothing but the labor of getting it to market. We should lose the employment, and our people would make loud complaints, and would smuggle their articles to the British market at a less net price than they get at present. Our restric-
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tions would operate as a bounty upon the produce of the British colonies on the continent. What an immeasurable length I have spun out my letter to, without intending it. Perhaps our friends will think me whimsical in these remarks. A vindictive policy, if it merits the name, would be more grateful to the people. I freely declare, that I apprehend the Eastern interest would suffer greatly by any such measures, if taken speedily. The encouragement of our own shipping, though too moderate, will do something, and I trust will be increased from time to time. The duties will protect manufactures tolerably well, and the Southern market for them will be a growing one. Their pay is bad, but they have rich staples. A foundation is laid for the prosperity of these interests, which ought to be dear to us; perhaps the attempt to do more would be found as pernicious to them in practice, as it is repugnant in theory to the sober dictates of prudence. Our friends will judge with candor, whether my ideas are just. I have not written a word that I intended to write, but I have been so lengthy. P. S. Though the tonnage bill has passed without the discrimination, I am afraid that there is a strong disposition in both Houses to restrict the trade of foreign nations, especially to the British West Indies, unless carried on in our own vessels. It is principally for that reason, I have dilated upon the subject. Notwithstanding my scruples, such a measure would pass, if set a-going. I think so, because many opposed the discrimination because it did not go far enough. The treasury bill has nearly passed. I sent it to Dr. [Nathaniel Walker] Appleton. It remains only to be engrossed, and differs little from the printed bill, except that the Secretary of the Treasury is to be removable by the President alone, is to give bond, and is forbidden to trade. Ames 1:57–60. The editors believe the name replaced by ellipses was Rev. John Eliot. 1
A trading company’s base in a foreign country.
Samuel Chase to [Richard Henry Lee] As the Time approaches for the Appointment to office the Anxiety of the Applicants increases. Mr. [David] Harriss is alarmed from the Number of applicants, and he is told that the president will only nominate one Person to each office. the Choice of the Senate will be great, and useful to the public if this Mode be pursued! they will have a Negative. if the president should again nominate the same Person, & persist; the office must be vacant, or his Nomination accepted. I remember it was held a Maxim in british Politics, that all acts of Bounty should flow from the King alone—all Refusals from his Ministers—I hope this Information is not true.
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I some times see Debates in the lower House of Parliament, but none in the Senate. I hear their Doors are locked. if true, I am sorry for it. I retain my Republican principles; though our Governments and the principles of the people, are changed, and are monarchical. I approve of the Amendments of the Senate to the Impost Bill. the Duties are yet too high, and Experience will prove it. I think the Subject of the Bill ought to have been divided. Duties for Revenue: Duties for the Regulation of Trade: and Duties to encourage Manufactures, if You have any power by the Constitution to impose Taxes, or Duties, for these Purposes. I perceive by the Bill for the Establishment of the Judicial Courts, that the Jury trial is secured. if the Jury trial depends on a law, I suppose it may be modified, or taken away by another law. I think the Bill is ably drawn. I think there [lined out] are some Defects. the Circuit Court ought not to have Jurisdiction of Cases under 800 Dollars. the District Court ought to have Jurisdiction of Issues to amount of 800 Dollars. the Same Persons [lined out] ought, on no account, to be Judges of Law, & equity. the Restriction on the Jurisdiction of the Courts of equity will render the Court useless in a thousand Instances, in which it ought to have Jurisdiction. it is difficult to define its Jurisdiction but the Limitation will do great Injury. I have wrote my Idea of a proper Clause pointing out in what Cases the equity Courts shall have Jurisdiction to Mr. Henry. I consider the District Court as the most useful and important, the Supreme Court as the most honorable and profitable. If it is intended to give the District Judge jurid Jurisdiction of prizes in Time of War his office will be very important, and will require considerable abilities, as well as great Integrety. I say if intended, because it is omitted. Whatever I scribble now, or at any time, is only for your private Observation. if I notice any thing to you it is without the least Intention of Giving offence to any one. If my opinion could prevail, I would encrease the allowance to the Members. I have not heard one person approve. it is flinging to the Government into the Hands of the wealthy, or adventurous. ALS, Lee Papers, PPAmP. Written from Baltimore, Maryland. The recipient was identified by the reference to David Harris, a subject of previous Chase to Lee letters.
William Grayson to Tench Coxe A few minutes before my departure from Philada. I had the pleasure of recieving your letter with one from my friend Mr. [ John] Dawson & should have done myself the pleasure of waiting on you if I had not been under the necessity of setting out immediately for this place. I can assure you Sir it will gratify me greatly in improving our former acquaintance and am much obliged to Mr. Dawson for giving me an opportunity of renewing it. I am satisfied you must be acquainted with all our Congressional news:
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indeed it is as yet unimportant; the general politics have not taken any decided direction, & whereever system has been attempted, you can plainly percieve that it strongly participates of the jarring interests of the different States. The idea of protecting duties for the purpose of encouraging manufactures in our stage of population is perfectly new, though it is possible in our very singular circumstances it may have consequences less pernicious than may have been expected. The House of representatives & Senate have differed on an important subject which came into view on the Impost bill & Tonnage bills: I mean that part of them which relates to a discrimination between nations in Alliance & those which are not so. It seems to be the general sentiment of both Houses to foster and encourage the East India trade, as a matter of national important: the old ideas of draining the Country of Specie seem to be done away. ALS, Coxe Papers, PHi. Addressed to Philadelphia.
Peter Muhlenberg to Benjamin Rush I am much obliged to you for your Letter of the 27th of June; an extract from it, will appear in to Morrows paper. My wife has been with me for two weeks past, and will set out on her return to Philada. to day. I shall therefore at this time transmit you the Journals of The House, and endeavour hereafter to procure you, if possible, a sett of The Journals of the old Congress— each Member of The Senate, as well as The House has been furnishd with a sett & I am not certain that any complete setts remain. Commodore [ James] Nicholson is out of Town for a few days, on His return I shall wait on Him. The Judiciary Bill has not yet passed The Senate many, & material alterations have been made since it was first published. This day we go on the Collection Bill as last reported; great pains have been taken to modify it, agreeably to the Opinions of the Members, and it is probable that it will meet with little opposition in its passage. The Hints you have given me, relative to other Subjects will be carefully attended to, and brought into view in the proper time. I have read with pleasure the essay, you were good enough to send me;1 I am allmost a Convert, but I despair of making a prosolite of Dr. [ John Christopher] Kunze tho’ He professes himself much pleased with part of it. Mr. Maddison has borrowed it, & many others wish to read it. Transcript of ALS provided by the late John F. Reed, King of Prussia, Pennsylvania. 1 Probably Rush’s anonymous “Enquiry into the Utility of a Knowledge of the Latin and Greek Languages, as a Branch of Liberal Education,” copies of which he sent to other mem-
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bers of Congress about this time. It was published in the [Philadelphia] American Museum in June 1789. Rush sent John Adams a copy of his essay on this day (ALS, Adams Family Manuscript Trust, MHi).
Theodore Sedgwick to [Ephraim] Williams You will recollect that before I came from home I requested you to copy and inclose me my account against Ludlow, Shaw & Ludlow. This I have not recd. nor indeed a single scrip from home since I came away. As to the public business it hitherto has proceeded very slowly. but I think the wheels begin to move with more ease than heretofore. We have passed the impost and tonage laws. The great question on which we were divided in the bills was whether we would make a discrimination between the foreigners with whom we were in treaty and those with whom we had no such connection. When I arrived there were in the house only nine members against a discrimination and yesterday after being often tried the bill finally passed for the discrimination 19. agt. 31. I was in the majority. Another great question and considered as tending to form the principles of the government, is rendering the executive officers removable by the president, for this there is a very handsome majority in the house, Should this measure obtain in the senate very important consequences will result. ALS, Sedgwick Family Papers, MHi. The letter is addressed to Mr. Williams. Ephraim is the only member of that prolific clan that Sedgwick is known to have written to during the First Congress. The letter’s salutation, “My dear friend,” also describes the close relationship that existed between Sedgwick and his former law student.
Peter Silvester to Peter Van Schaack *** We have had long debates here for several days past upon the words removeable by the president inserted in the bill establishing the different departments I refer you to the papers for a full explanation; there were several divisions on the Subject some where [were]—no removal from office but on Impeachment & conviction—some where of opinion that the Senate & president should remove—some said that the president had the power by the Constitution—others that the Constitution Authorized the Legislature to vest the power in him—it liked to have Split Us much—Bensons propos amendment was adopted and we are all pretty well united again—to day in the bill establishing the Treasury department much exceptions were taken at the words that the Treasurer or Financier should digest & report Plans &c.
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in the beginning of the bill & moved to be Struck out—but it was allowd only in this instead of Report the word prepare was inserted. You have seen Madisons proposals of amendts. when that comes on I should like to say something clever in favor of it so far as it does not injure the System & I should like at some of your leisure moments you would draw up some Suitable Speech for me not to long nor to Short when you are in a humour for it & send it to me. ALS, Van Schaack Papers, NNC. The letter was written at 9 p.m.
James Sullivan to John Adams When I had the honor of addressing a Letter to your Excellency, upon a subject of allowed importance to the united States, I did not indulge a hope, that you would step aside from the important concerns in which you are engaged, to acknowledge the receipt of it. nor was I vain enough to imagine, that I was [lined out] able to Suggest one thought, which was not fully possessed by the Learned body of Partriots in which you preside. But having been informed that the report which you are obliging enough to mention, was generally spread round the Seat of Government; and being well aware, that it could not fail to give great uneasiness, as well to the President and Congress, as to every real friend to his Country, I threw upon paper, such sentiments, as might be well improved, in some measure to contradict it. for if I beleived that the report was true, I should appear to be, Either in traiterous enmity to the united States, or very little versed in those politicks, which are founded in the feelings of the human heart, in advising to a measure that wears the appearance of coercive decision for if what is (as I suppose) intended by the Minority here, would Support that State, a coercive Experiment might be disagreeable in its consequences. When the frame of Government for the united States, was submitted to the people, as a political proposition, it could not be conceived, that they would be intirely united in any one opinion besides that, of a federal Government being Necessary; this was not only an avowed, but I beleive a real, & general Sentiment. every one had an [lined out] indubitable right to express his mind upon the subject; and he was a Coward, and unworthy of that freedom we have contended for, who, would not dare to do it. I was myself, and Still am, an advocate for amendments: but not for one half the Alterations proposed by Mr. Madison. the trial by Jury, as a democratical balance in the Judiciary department, in all matters where alliens are not wholly concerned, or where the revenue is in question, (constitutionally Established), has ever been my principal wish in amendments. I may therefore be placed in in what is called the minority. or or if by minority is intended, those
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Members of our State convention who voted against the Constitution, the report your Excellency has Mentioned, has very little foundation. there can be no Minority, or Majority, composed of a large number, but what must include some unprincipled men; and as it cannot be fully concluded, that all those of the Massachusetts convention, who voted for the adoption of the Constitution, were Patriots instigated by genuine Love to their Country, so the conclusion on the other side, that all who voted against it, were Enemies to their Country, would be equally fallacious. my opinion is, and I know as much of the people of this Commonwealth, as any one man in it, that the minority (with few exceptions) both in Convention and out, are as zealously inclined to support the general Government as the majority are; they wish amendments, but they neither wish them in any other mode than the one pointed out by the Constitution, nor that the effecting them should interrupt the necessary business of the Revenue, or that of organizing the Government. *** ALS, Adams Family Manuscript Trust, MHi. Written from Boston. The omitted text discusses the subject of Antifederalism in Massachusetts and its influence in Rhode Island.
Other Documents
Elias Boudinot to Elisha Boudinot. ALS, Gratz Collection, PHi. Addressed to Newark, New Jersey. “We are full of Business here”; lists legislation passed; the Collection and Judiciary bills “are now before Congress—The last is an Herculean Task indeed.” Lambert Cadwalader, Daniel Carroll, George Gale, and William Smith (Md.) to James Nicholson. ALS, Miscellaneous Letters, RG 59, DNA. Office seeking: “we will be happy in giving our approbation in your favor, And you are at liberty to make use of our names to the President.” John Cockle to John Langdon. ALS, Langdon Papers, NhPoA. Apologizes for troubling Langdon so frequently; was informed yesterday that Jay was to be appointed Chief Justice; asks Langdon to “mention me to him” to clear up a possible misconstruction of an earlier letter Cockle had written to Jay. Benjamin Goodhue to Stephen Goodhue. ALS, Chamberlain Collection, MB. Progress of legislation; “from every appearance we have so far got through the great business as beyond a doubt We shall adjourn in September, and many think in August.”
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Stephen Goodhue to Benjamin Goodhue. FC:lbk, Goodhue Family Papers, MSaE. Written from Salem, Massachusetts. Still believes impost duties will not raise price of goods imported because news of the proposed duties has not. James Lane to George Thatcher. ALS, Thatcher Papers, MSaE. Written from Portland, Maine. Office seeking: has applied to Dalton for collectorship in Portland, and gave Thatcher’s name as a character reference. William McPherson to John Adams. ALS, Adams Family Manuscript Trust, MHi. Place from which written not indicated. Office seeking: for port surveyor of Philadelphia. Joseph Martin to Patrick Henry. ALS, William Wirt Henry Papers, ViHi. Written from Tugaloo River, Georgia. Has heard that Mathews is trying to get a relation appointed Indian superintendent; hopes Virginia delegation will have as much weight in the decision as Georgia delegation; Sevier encourages an impostor and forger named Bennett Ballew to act as unauthorized agent of the Cherokee; asks Henry to relay the information to Congress “to prevent Imposition.” William Pickman to Benjamin Goodhue. ALS, Letters to Goodhue, NNS. Written from Salem, Massachusetts. Office seeking: himself for naval officer and Joseph Hiller for collector at Salem; the port surveyor “will certainly stand the most exposed to Bribery—& must if possible be Incorruptible”; “A few months Collections, will fix the habits of the People, & make smuggling disgraceful”; Major Francis Cabot says Benjamin Lincoln will be “Genl. Impost Officer” and Cabot will have “the first office” in Salem; comments on Cabot. Theodore Sedgwick to Pamela Sedgwick. No copy known; acknowledged in Pamela to Theodore Sedgwick, 12 July. James Warren to Elbridge Gerry. ALS, Gerry Papers, MHi. Written from Plymouth, Massachusetts. For the full text, see Warren-Gerry, p. 232. Acknowledges recent letter to Mercy Otis Warren; criticizes current revenue officers at Plymouth. Hugh Williamson to James Madison. ALS, Madison Papers, DLC. Written from Baltimore. For the full text, see PJM 12:274–75. “The Post Master at Petersburg, [Virginia] informed me on this Day Week that a Letter in your Hand for me had but two days before that
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passed through his Hands I verily believe that unless you can persuade Congress seriously to take up & agree to some such Amendmts. as you have proposed North Carolina will not confederate.” Henry Sewall, Diary. MHi. “Delivered the letter for Genl. [William] Lithgow, to Mr. Thatcher, who enclosed, and put it into the post office.”
Friday, 3 July 1789 Hot (Johnson); warm (Sewall)
George Clymer to Benjamin Rush *** To turn to another scene—we have in my opinion illy corresponded here to the public expectation—there are more hucksters and pedlars in this world than those who sell apples and nuts in town, or go about with packs in the country, I doubt whether our niggardly spirit has given an impost that will more than pay the current expences of the year, no part of this sin however rests upon my shoulders. As you are a reader of News paper you will observe my name in some minorities on the yea and nay, this affording a sort of presumption against me I here offer my justifying memorial. On the limitation of the Impost I thought myself obliged to be in the negative from an opinion that an obligation to submit to common burthens formed a stronger bond of union than any other terms of common government—And that revenue and nothing but revenue confers power—That the limitation might expire at an unfortunate moment when there might be a less disposition to renew the law—and thus revenue and power might fail together and expose us once more to the chance of dissolution and all its concomitant evils—This possibility in my mind outweighed the other possibility of continuing the burthen after the occasion for it should cease and of the consequential evils. Again in the discrimination on the tonnage between the vessels of Allies and others—this ’tho seemingly in itself not worth contending, yet speaking a national sentiment I thought should be maintained against the slavish dependance we are still under to England in matters of commerce, I thought should be insisted on—it was a sympton of uneasy sensations on that head and might be considered by that nation as an earnest of something more serious and decisive to come. I am yet to be convinced that a New York summer is cooler than our own
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having scarce ever felt hotter weather any where than we have had for a week past—perhaps it is the effect of greater moisture in the air upon my constitution to render me less able to bear heat than at home, or perhaps it is it may be that I am a year older than I was last July—Or what is as probable, my partiality for home may make me more sensible to inconveniences experienced away from it. [P. S.] I was lately pleased to observe a republication in the papers here of your old piece against Rum &c.1 ALS, Clymer-Meredith-Read Papers, NN. Addressed to Philadelphia. Part of the omitted text discusses Pennsylvania state politics and Rush’s essay on Latin and Greek. 1 Rush’s 1784 essay, “Enquiry into the Effects of Spirituous Liquors,” was republished almost annually about this time of year in the [Philadelphia] Pennyslvania Gazette. Clymer saw it in NYDA, 26 June.
Thomas Hartley to Tench Coxe I received your Favor of the 28th. ult. with the Pamphlet.1 Mr. Madison has just had a view of one and it seems to please him—I will not undertake to give my Sentiments but if the young Mind can be fully employed in useful Studies and in Pursuits which may soon come in practice—the same should be preferred to a Plan of years Speculations. I could not procure a Copy of Neckar on Finance2 in this City—I have spoken to Mr. [ James] Rivington to make further Inquiry. *** We are now on the Collecting Bill—we hope to get through it in a few days but there are unforeseen Difficulties arising from Time to Time—and we are frequently detained upon Clauses much longer than was at first immagined. The general Principles of the last Bill [HR-6] will probably be adopted without much Alteration. *** ALS, Coxe Papers, PHi. Addressed to Philadelphia. The omitted text lists legislation recently passed and mentions personal business involving a certificate Coxe was holding for Hartley. See P. Muhlenberg to Benjamin Rush, 2 July, above. Jacques Necker’s Treatise on the Administration of the Finances of France (3 vols., London, 1784). 1 2
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Joseph Jones to James Madison Yours by Mr. [ John] Hopkins with the [House] journal inclosed has been received and the journals as you desired delivered to Mr. [Edmund] Randolph who requests me to return you his thanks—that of the 21t. is also come to hand. I have seen a copy of the bill establishing the judiciary and from the cursory reading I have given it the different powers and jurisdictions of the Courts would have been more clearly seen had they been taken up in several bills, each describing the province and boundary of the Court to which it particularly applied—where there is danger of clashing jurisdictions the limits should be defined as acurately as may be, and this danger will exist where there are concurrent jurisdictions—in so extensive a country as the united States every precaution, consistent with the right of appeal, should be interposed to prevent inconvenience and legal oppression. As far as my observations extend the allowance to the V. P. is thought high—this may be owing to the want of information what reasons exist for a high allowance to that officer acting as it is supposed he generally will do as President of the Senate—The current of opinion too seems to run in favor of 4 instead of 6 doll. for the Members of both branches having heard no distinction made respecting their pay Though there may be good reasons for making the Senators a higher allowance than the representatives—The Senatorial branch hath lost some Degree of popularity by the effort for titles and establishing a distinction between the houses rather degrading to the representatives; but nothing seems to be more generally exclaimed agt. than their keeping the door shut while sitting as legislators. The question respecting the removal of the heads of departments by the President is no doubt a question of importance and not being expressly provided for would seem to be necessarily incident to the Executive Office—There is great force in the observation that those who appoint should remove and had the constitution kept the 3 branches of the government really separate and distinct the difficulty wod. not have been great but the Senate partaking in some degree of all the powers made the construction more necessary on the present occasion to withhold from that body the a concurrence in the removal as it tended to diminish responsibility and in great degree to render the first Majestrate a Cypher—I may be mistaken but I conceive no constructive powers should be admitted that serve more closely to unite the first Majestrate as the Executive with the Senate than are expressly prescribed by the constitution—if this is not guarded agt. uniformly in the progress of the government the Senate will become all powerfull. ALS, Madison Papers, DLC. Written from Fredericksburg, Virginia.
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Richard Bland Lee to George Washington The inclosed letter from Mr. R[ichard]. M. Scott will explain to you his wishes he has requested me to deliver it to you and informed me of his object. As to his qualifications to fill the office which he solicits I will not pretend to judge, I can assure you that he has always given the fullest satisfaction to Mr. Charles Lee his Principal and all persons having business at the Naval office since he has acted in it for almost seven years past. I know him to be a young man of honor and industry. I am authorised to inform you that Mr. Roger West would be pleased with an appointment under government, if any should occur in which he might be usefully employed for the public service. You are too well acquainted with Mr. West and too good a Judge of his talents and merits for me to presume to add any thing more than my wishes in his behalf. I am also authorised to inform you that Mr. Charles Lee would be pleased with the office of Collector for the district of Alexandria if you should deem him a proper person to administer it. Mr. Scott solicits an appointment to the Naval office for the same district. If you wish for further information concerning him I can produce a most honorable testimonial from Mr. C. Lee in his favor. Permit me now to express the overflowing joy of my heart for your happy recovery from your late illness and to assure you of the undiscribeable veneration and esteem with which I am your devoted hum. Sert. ALS, Washington Papers, DLC. The letter was sent as an enclosure to another letter written on 28 July and printed under that date.
Robert Morris to Francis Hopkinson It is a matter of doubt with me, My Dear Sir, whether there ever was a Man of Wit, Humour, Superiour Genius, or great Talents, that could manage the ordinary Occurrences and business in Life, with the same degree of discretion and judgement as is usual amongst that Subordinate Grade of Mortals whose minds cannot Soar beyond the Common Ranks and whose perceptions do not compass more than one object at a time. I do not however believe that a Search into Antient or Modern History, even if it should give a kind of Negative demonstration of the Justness of my doubts, would Compensate for the time to be spent therein, and for this reason alone; altho a hundred ot[hers] might be offered: I will not go into the examination, [bu]t content myself with the single instance before me; Certain it is my Friend that you Francis Hopkinson Esqr. come within the description. You are ei-
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ther a Wit, an Humourist, you have Superiour Genius or you have great Talents, or rather I shall come nearer the Truth by Charging you with being the Actual possessor of all these qualities; A Common Man, when writing a private and Confidential letter to his Friend, would at least, if he wished his confidence to be duely observed, have put it in his Friends power to do so without exposing him to any other trouble than that of keeping Silence with his Tongue & locking up the letter from all Eyes but his own—but the man of Talents first writes Remarks on a Public business1 knowing they are intended for the inspection of many People, and then on the back of one of the pages so written He writes his Confidential letter, and it cannot be seperated and those who read one must have an opportunity of seeing the others Thus your Friend is reduced to a Dilemma—He must either suppress the Remarks, expose the private letter, or be at the Trouble to Copy over those Remarks—You will probably think this Trouble of Copying is a meer Trifle because Men of Genius only Copy by an emanuensis which is the same thing as doing it with a Machine. But my Dear Friend, when one is obliged to write, who has already more writing to do than he can perform, it is almost as bad as being called upon to pay a small Debt, when you have not one farthing of Money Mr. Creditor tells you it is but a Trifle & can create no difficulty in the payment, but the poor Debtor does not know how to get over it, so is the case with me about this same paper of yours, yet it must be done for I will not suppress the Remarks & much less am inclined to expose this private letter, therefore Copy I must. You will tell me perhaps that I had been better employed in performing the Work now than in Scribling this Nonsense, and faith I begin to think so too, but I did not think of it in time. *** ALS, Hopkinson Papers, PHi. Addressed to Philadelphia. The concluding portion of this letter was written on 13 July and is printed under that date. 1 The remarks concerned the Judiciary Bill and Maclay complained about Morris’s not showing them to him (DHFFC 9:100, 102, 104).
Edmund Pendleton to James Madison Yr. Obliging favr. of the 21st. past, is just come to hand. The question concerning the power of removing Officers was important, and ’twas much better to investigate it fully, tho’ at the expence of a weeks discussion, than take a wrong step in it—I concur in Sentiment with the Decision. The Argument that the Power of removal should follow that of Creation, has weight, but is abundantly overballanced by the Objection that an Executive
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Officer might intrench himself behind a party in the Senate, setting at defiance the Control of the President & impeachment of the House of Representatives. permit me to add that I have pleasure in the General complexion of yr. proceedings. I have received from Colo. [R. H.] Lee the Bill for arranging the Judiciary & have, as he requested, sent him a state of amendments to it, of wch. the inclosed is the rough; but have taken the liberty of givg. my Opinion, that like the fabled Cucumber,1 with any Seasoning, it will be best thrown away. This department is the Sore part of the Constitution & requires the lenient touch of Congress. To quiet the fears of the Citizens of being drag’d from large distances from home, to defend a suit for a small sum, which they had better pay however unjust, than defend with success, is as worthy of attention, as to provide for the speedy Administration of Justice to honest Creditors. The Circuit Courts I suppose intended as an Accomodation of these inconveniences, but I think an exceptionable one. The fatigue of the Circuits & other accidents, will generally reduce the Judges to two, a number unsatisfactory to be appealed to for final acquiescence; and to the Supreme Court, they will go at last. Their division in Opinion, wch. must Often happen, will occasion delay, additional trouble & expence—& in appeals from the District Court, if that Judge be one in the Circuit, the Appellee will have a decided advantage. The District Court will prevent Citizens from being sued out of their state but not from being drawn to great distances within it, which in large states is very injurious, & gave birth to our District Court law.2 A man may be called from our Monongalia or Washington Counties to Richmond, & successfully defends an unjust suit; he must then pursue his defence into the Circuit Court, & from thence to the Supreme Court; and this, not in cases rarely happening, but in those which will probably be for some time the principal business of the fœdral Courts, I mean the british debts, wch., if for £15. Virga. money, may undergo that operation. The Judgmt. of a single Judge will not be acquiesced in, & appeals will be frequent. The expence of an Additional Judge for each State, is some objection, tho’ not weighty, if utility required it. Permit me then to ask why is this project necessary? And if it be not a Counter birth to the offspring of our late Assembly, unreasonable jealousy? Have we any Security that Judges of fœdral appointment, will possess Superior ability or Integrity, to those called into that duty by the States? If not, why may not all suits within the Appellate Jurisdiction, be Originated in the state Courts, & from their last resort allow the Appeal to the Supreme Court for large Sums? The Judges of the State Courts are equally independent, take the same Oaths in Spirit, & have the same law to direct their de-
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cisions, as the Fœdral, they have their Courts so model’d, as to render Justice Speedy to the Creditor & easy to the D[ebto]r., the trial being near his home, & the Administration so divided as to produce dispatch. The mode will be familiar & easy, & quiet the people’s fears; and I submit it to my Representatives, with whether this will not be, at least, the best experiment to make in the Infancy of our Government. The Circuit part of the Plan suggests a thought worthy of Attention; whether the Supreme Court might not sit in each of those circuits, instead of being Stationary. I suppose one Session a year might be sufficient, and it would give great relief, even in cases of Appeals, & admit perhaps of their being allowed upon a lower scale of Value. Pray present my Complts. to Mr. Page, & communicate these Sentiments, as I am tired, & can’t do my self the Pleasure to write to him this Post. My concern for the Presidents illness, & joy at the prospect of his recovery, are proportioned to the Interest we all feel in his happiness. I am in Sentiment with you that the grea[te]st danger of encroachment is to be apprehended from your house—their being the immediate choice of the people, will, however improperly, produce assumptions of their Original undelegated powers, & Occasion liberties to be taken there, wch. other bodies will not venture on. The reasoning of Publius on their influence3 has shaken my Objection to the Senate’s being the Executive Council, since it may perhaps require the Union of those two branches to Ballance the Power of the other branch. I have received the Amendments [to the Constitution] from Mr. Page & see no Objection to them. I am under great Obligations to that Gentn. as well as you for the papers sent me. your hand writing on the Cover of those papers, announces yr. health & gives me pleasure. *** We have a very dry Season, good crops of wheat, but a bad prospect for corn & tobacco. [Enclosure] Amendments proposed to the Bill “to Establish the Judicial Courts of the United States” Page 1. l[ine].38. leave out “and shall be called a District Judge.” as unnecessary. Pa. 2. l. 9. after discretion, insert “in cases of Admiralty & Maritime Jurisdiction, or the trial of Offences committed on the High Seas.” Note. Occasional, unfix’d Courts in other Instances are unusual & may be inconven[ien]t. l. 11. leave out “Alternately at Portland & Portsmouth beginning at the first” & fix it at one 15. same Amendment as to N. Jersey.
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19th. same — as to Virginia. 22. same as to Georgia. Note. The Division or the Removal of the Records seem evils of greater Magnitude than holding the Courts at one place; being held Alternate there is a Chance of Carrying the uppr. people to Wmsburg. & the lower to Richmond. 23. leave out from “first” to the end of the Clause & insert “But in cases of Admiralty & Maritime Jurisdiction, or the trial of Offences committed on the high Seas, the Courts shall be held at such place in each State as the District Judge thereof shall direct.” 33. leave out “the before mentioned District” & insert “the above named United States” so they are called & divided into districts, but not mentioned as comprehending one District. 44. leave out “Districts” & insert “District” or one District Judge may sit in another. Page 3. l. 12 &c. same amendments to fix Courts at one place. 4. l. 11. The Oath is rather short; but is it not too much confined when they are to judge according to the Constitution & laws of the United States, wch. make only part of the law they are to judge by—leave out those words & insert “according to law.” l. 22. after “Quakers” insert either “and Menonists” Or “and others who religiously scruple the taking of an Oath.” 29. from “Seas” to the word “except” in the 33d. line, is to me wholly uninteligible 46. what is meant by a Tort? Is it intended to include suits for the Recovery of debts, or on breach of Contracts, as a reference to the laws of Nations & Fœdral treaties seems to indicate; or does it only embrace Personal wrongs, according to it’s usual legal meaning, or violations of Personal or Official privilege of foreigners? In the last case it will probably be unexceptionable, in the former, very inconvenient. The next clause seems to take in the debts & may serve to explain the former. Pa. 5. l. 10. By mixing foreigners or Cit[ize]ns. of another State, with cases in wch. the United States are parties, do you not give Original Jurisdictn. to the Supreme Court in the Case of foreigners &c. if the value exceed 500 Dollars,
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24.
44. 46.
Pa.
6. l.
47. 3.
Pa.
6. l.
20.
30.
Pa.
7. l.
38. 8.
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contrary to the Constitution? or does the words “as the Case may be,” exclude that Constructn.? leave out “or in which he shall be found at the time of Serving the writ”—Or it will defeat the whole clause. perhaps it may be not amiss to Add, “unless upon legal process against his person & Estate in the District of his residence, it shall be returned by the Marshall, that neither can be found to inforce an Appearance to the suit.” to reach fugitives. leave out from the word also to Was in the 45th. line & insert. “giving Special bail, if such” wch. Security for Appearance don’t reach after Surety add “& bail.” leave out dismiss further, & insert “Certify the same together with the.” after Cause add “to the Circuit Court” leave out “still hold to respond the final Judgment” & insert “shall be discharged.” the Special bail being substituted. leave out all & insert “in these Cases & in all other Original.” It may happen that a Def[endan]t. may claim Under a Grant of the State & the Pl[aintif ]f. under that of another, & then this provision wont reach it. leave out From Court, in the 9th. line to the word may in the 14th & insert Why give the Supreme Court exclusive Jurisd[ictio]n. in suits agt. Consuls & their Domestics who may be sued in a remote state, & rather chuse to defend them selves there, than go to the Supreme Court; or he might prefer the District or Circuit Court; would it not be better to give Concurrent Jurisdns., & provide liberty to the Def[endan]t. to move it to either Court if he chose it—as in the Case of other foreigners. between all & Actions insert “Original.” After Commitment, insert “returnable either before himself on a certain day & at some fixed place within the district of Commitment; or before the next Circuit or District Court of such District” otherwise a Justice of the Supreme Court having unlimited Jurisdictn., may remove a Prisoner from Georgia to New Hampshire, or to the Seat of Congress.
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Pa. 10. l.
Pa. 12. l.
Page15. l.
CORRESPONDENCE: FIRST SESSION 14. This Power to the Courts of law to excercise a delicate branch of the Chan[cer]y. Jurisdiction, upon motion, & without the cautionary forms adopted by the Chany., I am apprehensive will introduce much confusion & perhaps Oppression—however experience will best shew it. 4. leave out from Courts to Or in the 5th. line 8. leave out from Courts States to Or in the 9th. line 12. leave out from States to May in the 15th. line it is supposed to be the nature of the question & not the event of decision wch. makes the Appeal proper—If an improper Judgmt. is given in favr. of the Prefference to fœdral treaty or laws, the party injured should have the same right to App[ea]l. as the other, in case of a Contrary Judgmt., otherwise the remedy is Partial. Qu. should there not be some limitation of the sum for will not the Clause embrace the Case of every British Creditor? And is it intended that they may drag every D[ebto]r. for the most triffling sum first thro’ the State Courts & then by Appeal to the seat of Congress. 29. leave out “De Talibus Circumstantibus”4 & insert “of the Bystanders duly qualified.” 41. leave out from District to Or in the 42d. line— If the Witness lives out of the District he seems equally unamenable by the District Court process whether he lives At the distance of 100 miles or less; and that I suppose the ground of taking his depo[sition]. The Courts will soon be tired of Oral testimony in Chan[cer]y. 44. leave out From District, to before in the 45th. line 17. between the words any & Offence insert “Capital” 21. leave out Crime or & place “Capital” as I suppose it is not intended to give a Judge of the Superior Court, or a Justice of peace a power to take up & Commit for trial, every Citizen who are is suspected to have violated the penal laws of Congress, & incurred a pecuniary fine.
ALS, Gilder Lehrman Collection, NHi. For the full text, see PJM 17:537–43. Part of the omitted text relates to the administration of the Oath Act [HR-1] in Virginia courts. The proposed amendments are to the Judiciary Bill [S-1] as printed on 16 June; for the text of the bill, see DHFFC 5:1172–94. The page and line numbers Pendleton refers to are in the copy of [S-1] printed for the Senate (Evans 45647).
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A reference to a passage from Boswell’s Tour to the Hebrides, dated 1 October 1773. Virginia’s “Act establishing district courts, and for the regulating the general court” passed 22 December 1788. 3 “Publius” made this point most explicitly in The Federalist, nos. 48, 58, and 66. 4 A judge’s order for making up a deficient number of jurors from among bystanders present in court. 1 2
Governor Beverly Randolph to George Mathews, Peter Muhlenberg, and Josiah Parker The subject of your letter of the 18th. of June was taken up by the Executive so long ago as the 4th. of August 1788. The enclosed papers will inform you of every thing which has been done in this business. The documents respecting the Scioto and Miami lands1 alluded to in my letter of the 6th. of January last are the reports of the Superintendants appointed by virtue of an Act of Assembly intituled “An act for Surveying the lands given by law to the officers and soldiers of the Virginia line on Continental and State establishments and for other purposes,” and estimates of the number of land Warrants issued to the said officers and soldiers. As Copies of these papers were not retained in the Council Office I must refer you to the files of the old Congress for more full information. FC:lbk, Executive Letterbook, Vi. Written from Richmond, Virginia. For the enclosed documents, see DHFFC 6:2016–22. 1 Virginia’s 1784 cession of its lands north of the Ohio River excluded a “military reserve” between the Scioto and Little Miami rivers in present day Ohio, retained to satisfy the land bounty claims of its Revolutionary War veterans.
Michael Jenifer Stone to Walter Stone I have not yet heard from Charles County at which I am much astonished and my Heart begins to misgive me—I really fear some Calamity has Still been chasing our unfortunate Family. I have had a second attack of the same complaint I wrote Doctor [Gustavus Richard] Brown about—It Came on that Day Fortnight after the first. The Weather was the same and at both Days I heated myself in Walking. But this second attack has been plainly marked as having its Seat in the Stomach and in fact a nervous Colick—after the Violence of the pain had gone off I took it into my Head to take a Puke to relieve the prodigious pressure of my Stomach and this resolution brought on Another—To send for a Physitian—He is a sensible man—Said it is a nervous affection—gave me a purge Assefœteda & Bitters1—Recommends the same regimen that
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Dr. Brown does—I have confined my Self very much—and the Day before I was taken had made a very fatiguing Speech in Congress.2 I really fear that I must Speedily adopt a plan that has some time been in my Head—To settle on my plantation—Quit the Law—and go to work—We had a Question of Great importance in which all the Delegates who Speak at all were warmly Engaged—It was to insert in the Bill for “Erecting the Department of Foreign affairs”—these words—That the officers—“to be removeable by the President.” This was Carried—but afterward (while I was out of the House & Sick) it was altered—Those words were Stricken out—But the Idea is Still in the Bill in Different language. You may see by the Constitution that— “The Presidt. by and with the advice and Consent of the Senate is to appoint officers” &ca.—And those who thought as I did wished to have the same mode of Dismissal—or if that was not thought right to Leave the matter to the Legal Operation of the Constitution without undertaking any Construction which might in the end be found to be Contrary to the Constn. The House of Delegates is a wise Body and upon the whole very cool and Polite. There is a great Deal of Speaking because there are a great many Speakers but Oratory is not much attended to—reason is the thing that is heard. The Speakers are—Ames, Maddison—Sedwick—Lawrance, Smith (S. Carloai S. Carolina) Vining, Benson. White, Gerry, Boudinot. Page Sherman (Roger) Livermore, Jackson Fizimons Stone (M. J. S.) and a Great many others—who occasinally make remarks—I think you had better become a Subscriber to the Congressional register—We go on Slowly but this is not owing to Idleness—The Subject is Extensive and new—No one Man can Grasp it we are obliged to avail ourselves of the Judgemt. and information of Every member present. Time must be taken for this and hence the fact is true tho the position appears paradoxical that our tardiness is a proof our Industry. Could we consent to Pass Bills as Committees reedily bring them in—or Swallow propositions without examination we should go on fast— into errors. *** I shall be glad the Girls3 would write to me—and Tell me of any thing they may want during the fall or Winter & I can probably Supply them Cheaper than you Can Tell them to Let me know the time they will Want the things and then you know I can let them know in time whether they are to be got. Also Grace and Mrs. Scott—I shall inform you too respecting the payments before I buy—If I am able I’ll do it myself—If not I’ll let you know how it may be done—And the purchases may depend upon the results. I had almost forgot to tell you I think my malady is going off for the present—That my Doctor ([Samuel?] Bard) has advised me to the pleasant Breakfast Garlick with my Bread and Butter—I am Still a Stranger to New-York—But the Gentry finding I do not return visits have dispensed with Etiquette and are pouring their invitations upon me by wholesale, I act
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very Cautiously—never Speak in the House till I understand the Subject— and of Course (you’l Learn) Speak Seldom—How I shall be thought upon I can’t say. But I assure you I do not intend to live on America’s Money without earning it—and I declare to God if I found myself a Cipher here I should think myself a rogue for continuing. No—I will certainly do Labour and work—and take Care—and thought that would earn me twice as much Clear Money were I in poor Port Tobac[co].—To which place may I come in the Course of this summer I pray God. New-York has not a Charm for me. I have written about fifty Letters to Maryland and have [not] received an Answer. Tell Col. [ John Hoskins] Stone I shall write to him—I beg you’l inform me of Every thing. ALS, Stone Family of Maryland Papers, DLC. Addressed to Charles County, Maryland. The letter is undated but bears the postmark 3 July. The omitted text conveys news of Stone’s nephew and ward, Frederick, and prices of goods in New York City. 1 A gum resin with a bitter taste and obnoxious odor, derived from the roots of several umbelliferous plants of the genus Ferula. 2 Stone spoke on removeability on 17 and 19 June; see DHFFC 11:918–21, 1011–17. He was apparently absent on 22 June. 3 Probably his nieces, Thomas Stone’s daughter Margaret “Peggy” (1771–1809) and Mildred “Milly” (1771–1836), or John Hoskin Stone’s daughters Anne and Elizabeth.
Henry Wynkoop to Reading Beatty I do not wonder that People are surprised at the slow Movements of the new Government, for my own part I had no Conception of it, altho’ I was well aware that much time would be requisite for the establishment of those Precedents & Principals, which are to give the leading Ton[e] to the Operations of the Government, yet had did not expect as great a consumption of time The Impost Bill hath at length passed both Houses & also that on Tonnage, those for the establishment of the three great Departments, of Foreign Affairs, War & the Treasury have passed the House of Representatives, that for the Collecting the Revenue is yet under Debate. Great millitary Parade is expected tomorrow An Oration will be delivered by one of the Cincinati1 half after 12. Tickets have been presented to us by the Baron [William von] Steuben. The President is getting better, but some time will probably elapse before he will be perfectly recovered. ALS, Wynkoop Papers, PDoBHi. 1
See Smith (S.C.) to Rutledge, 5 July, below.
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CORRESPONDENCE: FIRST SESSION Other Documents
Abraham Baldwin to Ruth Barlow. AL, American Manuscripts, CSmH. Addressed to Greenfield, Connecticut. “These politicians keep such a talking around my ears, that I cannot write you any more at present.” Benjamin Contee to Levi Hollingsworth. No copy known; acknowledged in Hollingsworth to Contee, 6 July, Hollingsworth Papers, PHi. Alexander Furnival to Robert Lewis. ALS, Washington Papers, ViMtvL. Written from Baltimore. Office seeking: presumes that the President’s “Sickness has prevented the Speaker of the House of Representatives from Writing to him agreeable to his promise”; encloses testimonials previously sent to Laurance, which he was expected to show the Speaker. Benjamin Hawkins to James Madison. ALS, Madison Papers, DLC. For the full text, see PJM 12:275–76. Written from Warren County, North Carolina. Has traveled recently through five North Carolina counties and found that former opponents of the Constitution are no longer unfriendly to it; hopes that Amendments will be postponed until after the meeting of the North Carolina ratification convention if it is not certain that measures “that will conciliate its opponents” can be passed. Extract of a letter from North Carolina. Printed in NYJ and [Fredericksburg] Virginia Herald, 23 July; reprinted at Albany, New York; Baltimore; and Edenton, North Carolina. Fears that the next convention will defeat ratification unless Congress takes up Amendments and “some objections are removed particularly as one of the greatest supporters of the constitution [Madison], has admitted that there are many.”
Saturday, 4 July 1789 Hot (Johnson)
Charles Carroll to George Washington I received by yesterday’s post the inclosed from Major John Lynch of Baltimore Town—Altho’ the major mentions nothing of this letter, in his to me,
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yet it coming Sealed, I presume, it was his intention that it should be delivered to you. I therefore think it my duty, as I conjecture it relates to an application for office to comply with that intention.1 ALS, Washington Papers, DLC. 1 Lynch’s undated letter seeking a revenue office at Baltimore mentions C. Carroll and Henry as references (ALS, Washington Papers, DLC).
Stephen Higginson to John Adams Since I had the honour of seeing you at your own house, I have been so unwell, & so much occupied with my private Business, when able to attend to it, that I have not had an oppy. of writing to you, as you requested & I engaged to do. Nor can I now do more than just to inform you, that, as the British are coming fast into their old practice, of taking from hence the Rum necessary for their Factories1 upon the Coast of Guinea, a draw back on Our Rum exported to foreign markets is important to the Commerce of this State. more than 1200 hhds. have this year been called for by them; & so fond are the Africans of this Spirit, that was it freed from the duty when exported thither. I have no doubt the British would soon take several thousands of hhds. annually. as Our molasses Trade is the main branch of Business in this State, & is really the chief support of Our Cod fishery, as well as necessary to several other important branches of Our Commerce, it is a great point to have it as free as possible from unnecessary expences & embarrassments. the amount of Our export of Rum to foreign markets may now be fairly estimated at 3000 hhds. a year; & there can be no doubt of its soon amounting to twice or thrice that quantity if it was not loaded with the duty, for every market We now have for it abroad will be increasing in its use of & demand for it, unless the increase of the price prevents. two pence % gallon is no small Object in that Article, it is sufficient perhaps to secure to us permanently, or to deprive us wholly of the Supply to the markets alluded to. it strikes me as very singular & unequal, that there should be a drawback generally upon Foreign Imports when re exported, & none allowed upon a principal export of this State. If the former is admitted upon the principle of giving facility & extension to Commerce, will not the same Reason apply as strongly in the latter case. it is true the former may affect the other States more than the latter; but if to load exports to foreign markets with duties is anti commercial, if the principle be good, as a general One, it will not be objected that We shall principally be benefitted by it in this case. This would savour strong indeed of locality, & confirm the Idea here, that southern gentlemen are jealous of, & wish to restrain us in Our Trade. If a drawback
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be refused on Rum lest the Revenue be injured, the Objection will apply as forcibly, at least, to the general provision; for surely the former case is capable of as many good Checks, as in any One that occurs to me. the general allowance of drawbacks will give many openings, without great care is taken, to defraud the Revenue. a variety of deceptions may thus be practised from the extent & complexity of the Objects; but here We have a single Article only to attend to, & this We can check in the hands of the Distillers who are few in number. I fear these hasty Observations may be too late, & perhaps not sufficiently clear & weighty to merit attention; but as I could not believe, till within a day or two, that a drawback on Our Rum could eventually be refused, I may be excused for not troubling you sooner on the Subject, & it must be my apology for now doing it thus hastily. *** ALS, Adams Family Manuscript Trust, MHi. Written from Boston. For the full text, see AHA, pp. 765–67. The omitted text recommends Joseph Hiller for naval officer for Salem. 1
A trading company’s base in a foreign country.
William Maclay to Tench Coxe I give you my most hearty thanks for the communications, which you have favoured me with respecting the Bill for establishing the Judiciary of the United States. We have had the bill, nearly, once read in a Committee of the Whole Senate, and Sundry amendments have been adopted, but far indeed is it yet, in my Opinion from perfection, perfect indeed I do not expect it. I fear much from the future interferences of the State and federal Jurisdictions and have my doubts whether the Whole bill may not be fundamentally wrong, in some respects. perhaps it may yet undergo important alterations before it passes both houses. The Gentlemen of the bar are so numerous in our our house that wh[en they] unite, they are irresistable Yet we endeavour t[o do o]ur duty as well [lined out] as we can. There is an A[lt]eration in the 5th page which will, provide for the Case mentioned in your letter.1 The clause making a difference between Oaths and affirmations, is Struck out. But as nothing final is yet adopted, even in these parts, Alterations may yet take place. none of the Bills for the departments have yet been debated in Senate, and warm debates are expected. The great point will be What is the duty of the Senate under the Constitution? I thought to have seen you before this time on my way home, having been absent from my family from the Middle of January last, but find I cannot get away for some days to come.
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ALS, Coxe Papers, PHi. Addressed to Philadelphia. 1 Page five of the 12 June printing of the Judiciary Bill [S-1] includes the conclusion of what became section 10 of the act, all of section 11, and half of section 12. DHFFC 5:1177– 79 covers the amendments made by the Senate to these sections.
William Maclay to Jared Ingersoll I have seen in a Gentleman’s letter a Clause, which mentioned your Opinion as being rather unfavourable to the bill for establishing the Judiciary of the United States. I really fear that a prevailing disposition, to treat every thing with great respect, that proceeds from the New Congress will prevent our obtaining that free information, which alone can be Useful to Us at Present. I have generally (except in Senate) been cautious of delivering any Opinion about it. I wished Men to come forward without any bias Whatever. It is certainly however both confused and obscure in a degree and every thing which is not clearly understood gives alarm to the mind. if the State Judiciaries are at all to interfere, why not make them the inferiour federal Courts at once? The same Judges sitting on the rehearing of the same Causes, is certainly a legal impropriety. I will be extremely pleased to have your Opinion, I will not say on the Bill wch. has been handed about, (and which you must have seen by what I observed in the Gentleman’s letter) but on the plan or System of a Judiciary for the United States. It may not yet be too late. the Subject is an important One and I hope any time you would bestow on it, would not be lost. FC:lbk, Maclay Journal, DLC.
William Maclay to Benjamin Rush I really know not Whether I am Your Debtor or Creditor in the letter way, nor do I care, for I will keep no Account in that way. I did not send You a Copy of the Bill for establishing the Judiciary of the United States, not that I thought it out of the need of a Physician, but I hoped you had Patients enough of a More profitable Kind. We have patched and mended or at least altered it a good deal in a Committee of the Whole Senate, but I dislike it much after all. altho’ the letters which I have received from Philada. do not find much fault with it. It will be very expensive. We
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sent a Copy of it for the perusal of the Judges,1 and hope they will be good enough to give Us their Opinion of it. Is it not an extraordinary Case. That I am here in the healthyest Season of the Year, almost a prisoner with the Rheumatism, both Knees swelled and Stiff, and that I cannot get it to yield to any remedy I have yet tryed. Walking riding Warm and cold bath all ineffectual. I am convinced nothing but a Journey to Pennsylvania, will be effectual, I ever wish that this may not fail of restoring me. at any rate I believe I should not delay it much longer, but can scarce bear the thoughts of coming away, untill some thing effectual is done. at least untill the impost is put in Collection. ALS, Rush Papers, DLC. Addressed to Philadelphia. 1
Apparently the Pennsylvania supreme court.
Anthony Wayne to James Wilson Apropos—may you my Dear sir see many very many pleasing returns of the day which forms the grand epocha of the American Empire, & may each of them afford you Joy—health and happiness far superior to the present. *** I also suggested an idea of a new Government to the Southward—permit me now to offer a few reasons for a measure which in my humble Opinion, may merit some attention! it is at least interesting to the Southern States, & may eventually be particularly so to the Union. The present situation of this Country from the depredations of the Indians on one quarter—& the insiduous protection afforded by the Spaniards to our run away Negros on the other—are of so alarming & serious a nature—as to threaten this lately flourishing State with ruin & depopulation, unless timely protected by Congress! for I am decidedly of Opinion, that we never shall have a permanent peace with the Creek Nation1 until they experience our superiority in the field, or until an Army is stationed for our Protection— I have been more than once engaged with those Indians—& always found them very Vulnerable—& was I clothed with the proper Authority & the necessary means, I wou’d engage to raise—organize—& discipline a Legeonary Corps—in the course of a few Months—at the head of which I wou’d pledge myself to produce a Glorious—speedy, & happy Issue. In fact—a regular force is indispensibly necessary to protect (not only) the Southern States against the incursions of the Indians—but also the United States, against the Machinations & ideal claims of the Spanish Nation, to that invaluable territory lately ceded to Congress by the State of Georgia possessing every possible advantage, that a happy Climate—luxuriency of soil,
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& that Navigation can afford—which in addition to other & further Cessions of Georgia & North Carolina, presents a field for National Speculation vastly superior to all the Country between the Ohio & Mississipi! These Considerations will naturaly draw the Attention of Congress to this Quarter—& probably induce them to form an Establishment in the Southern District, simular to that which Genl. [Arthur] St. Clair presides over to the Westward! it will not only be an effectual barrier against Indian incursions—& the vague Claims of the Spaniards in future—but also open an Ample fund for sinking the National debt by the rapid sale of Lands that are second to none on the Continent! so that whatever expence may be incured at the first outset—will be more than compensated by the many advantages resulting from it independent of the expendiency of a measure—equally fraught with Policy—Justice & honor! I candedly confess, that I feel myself Interested in this business not only as an Individual—but as a soldier, & Citizen of America, you’l therefore have the goodness to pardon the liberty I have taken, & shou’d the Opinion I have hazarded Quadrate with your own, I am confident that you will have it much in your power to facilitate the Measure. I shall be much gratified by your sentiments upon the Occasion *** FC, Wayne Papers, MiU-C. Written from Richmond County, Georgia. The omitted text is a recommendation for Matthew McAllister’s appointment as United States attorney for the Georgia district. This letter is printed in lieu of a similar letter Wayne wrote to Butler and Izard on this date (FC, Wayne Papers, MiU-C). Only the last page is extant, but it is summarized in Wayne’s letter to Butler and Izard dated 1 September. 1 The Creek Nation occupied parts of present day Alabama and Georgia. Led by Alexander McGillivray, the Creeks played an important role in late eighteenth century international affairs.
Other Documents
John Adams to Nathaniel Falconer. FC:lbk, Adams Family Manuscript Trust, MHi. Written from “Richmond Hill,” outside New York City; addressed to Philadelphia. Office seeking: his testimony can add little weight to what the President’s many Pennsylvania friends can say on Falconer’s behalf. John Adams to William McPherson. FC:lbk, Adams Family Manuscript Trust, MHi. Written from “Richmond Hill,” outside New York City; addressed to Philadelphia. The omitted text relates to McPherson’s application for office. “As according to my construction of the constitution the Senate have only a negative on the nominations of the President, and as I have a voice only
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in case of division of the Senators, the case is not likely very soon to happen, that I shall venture to put a negative on a nomination of the President supported by the suffrages of half the Senate I should be very likely to make presumtions in favor of a constitutional nomination.” John Adams to George Mason, Jr. FC:lbk, Adams Family Manuscript Trust, MHi. Written from “Richmond Hill,” outside New York City; addressed to Colchester, Virginia. Office seeking: the President will prefer recommendations supporting Joseph Fenwick from Virginia and Maryland; consular appointments to France perhaps will not be made until after Jefferson’s return; the President will appoint impartially as “father of his people” and “the great Magistrate”; thanks for congratulations on his election; “The Duties of my office require a constant and laborious attention; but there is so much information, candor and dignity in the characters with whom I am associated, that application to business in concert with them is pleasure.” Peter Colt to Oliver Ellsworth. ALS, Ellsworth Homestead, Windsor, Connecticut. Written from Hartford, Connecticut. Office seeking: James Rice for revenue officer at New Haven, Connecticut. Tench Coxe to Josiah Parker. FC:lbk, Coxe Papers, PHi. Place from which written not indicated. Appears between 4 and 6 July letters in letterbook. “Mr. [Charles?] Young informs us you will probably pay a Visit to Philada. in a short time.” Reuben Hayes to John Langdon. ALS, Langdon Papers, NhPoA. Written from Portland, Maine. Office seeking: naval officer or collector at Wiscasset or Bath, Maine; mentions Thatcher as a reference. Silas Lee to George Thatcher. ALS, Thatcher Papers, MSaE. Written from Wiscasset Point, Maine. Office seeking: Dr. Benjamin J. Porter for revenue officer for Wiscasset; suggests soliciting the additional support of King, whose sister Elizabeth intended to marry Porter in the fall. Benjamin J. Porter to George Thatcher. ALS, Thatcher Papers, MSaE. Written from Wiscasset Point, Maine. Office seeking: solicits support for revenue officer for Wiscasset.
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Walter Rutherfurd to John Rutherfurd. AL, Rutherfurd Papers, NHi. Written from Edgerston, New Jersey; addressed to “Tranquillity,” near Allamucky, New Jersey. Saw P. Muhlenberg today. Joseph Savage to George Thatcher. ALS, Thatcher Papers, MSaE. Place from which written not specified. Complains of arrearages of pay due him and his military company; imagines that payment waits on the collection of impost and tonnage; compliments to Van Rensselaer. “Anniversary of Independence.” NYDA, 6, 7 July. The New York state chapter of the Society of the Cincinnati appointed Hamilton, Frederick W. Steuben, Sebastian Bauman, William S. Smith, and Samuel B. Webb as a committee to wait on the Speaker of the House with the compliments of the day. They could not locate him because he had already joined several Representatives en route to the Society’s commemoration at St. Paul’s Church, which the Senate and House attended. William Samuel Johnson, Diary. Johnson Papers, CtHi. Dined with Hamilton. Robert Lewis, Diary. ViMtvL. “The morn was ushered in with a salute of 13 Cannon from the battery, the ringing of Bells and every other demonstration of joy which a happy and independent people alone can experience.”
Sunday, 5 July 1789 Rain (Johnson); showery and cool (Sewall)
John Adams to Benjamin Rush Without waiting for an Answer to my last, I will take a little more notice of a Sentiment in one [of ] your Letters. You Say you “abhor all Titles.” I will take the familiar freedom of Friendship to say I dont believe you. Let me explain my self. I doubt not your Varacity. but I believe you deceive yourself, and have not yet examined your own heart, and recollected the feelings of every day and hour. What would you say or think or feel, if your own Chil-
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dren, instead of calling you, Sir, or Father or Papa, should accost you with, the Title of “Ben”! Your servant comes in, and instead of Saying, “Master! my hat is much worn, will you please to give me a new one”; crys “Ben! my old hat is all in rags, and makes you the laughing Stock of the Town! give me a new one.” What think you of this simple manly republican Style? Had I leisure to write Plays like Gen. Burgoine,1 I would undertake a Comedy, under the Title of “Government with out Title.” The Dramatis Personæ should be a Quaker and his Wife, ten Children and four servants. They should all live in the Same room, dine, breakfast & sup at the same Table— they should promiscuously call each other by their Names, without Titles and live without form. We Should See, what order, Virtue and Œconomy would ensue. The sons would soon be married to the female servants and the Daughters to the Male. both Children & servants would soon kick and cuff the old Man & Woman. Poh, Poh Poh!2 Say you all this is vulgar and beneath the Dignity of a Legislator. Give me leave to say nothing in human Life is beneath the Dignity of a Magistrate to consider. The Principles of Government are to be seen in every Scene of human Life. There is no Person and no society, to whom Forms and Titles are indifferent. Look through through the Deeds of Men, and then say whether Shenestone is not in the right, when he says in a whimsical Production called the “School-Mistress”3 which he wrote in imitation of Spencer. “Albeit ne flatt’ry did corrupt her Truth Ne pompous Title did debauch her ear, Goody, good-Woman, Gossip, n’aunt, forsooth Or Dame, the Sole additions She did hear; Yet these She challeng’d; these She held right dear; Ne would esteem him Act as mought behove Who Should not honour’d eld with these revere: For never title yet So mean could prove, But there was eke a mind, which did that title love.” The two last Lines contain a truth so exact, so universal, and so litteral that I declare to you, in the Course of fifty Years Experience, in various Stages of Life, among all Classes of Peop[l]e and in Several different nations I have never yet met with one Man Woman or Child, who was destitute of a Passion for a Title. Let Us consider, my Frind more reverently and therefore more truly the Constitution of human nature, and the invariable Progress of human Life and manners. Family Titles are necessary to Family Government Colonial Titles We know were indispensible, in Colonial Government; and We shall find national Titles essential to national Government. as long as Titles are respected by others, They will be esteemed by every Man. but it is not to gratify Individuals that public Titles are annexed to offices. it is to
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make offices and Laws respected; and not so much by the virtuous Part of the Community, as by the Profligate the criminal and abandened, who have little reverence for Reason Right or Law divine or human. These are overawed by Titles frequently, when Laws and Punishments cannot restrain them. Think of these Things, and perhaps I may hint to you some others hereafter. ALS, American Manuscripts, MB. Written from “Richmond Hill,” near New York City. 1 John Burgoyne (1722–92), the major general whose surrender at Saratoga in 1777 was one of Britain’s greatest defeats of the Revolutionary War, was known as “Gentleman Johnny” for his gallantry and cultivated manners. He started playwriting in 1774, produced plays to entertain his troops during the war, and capped his literary success with “The Heiress” in 1786. His works filled two volumes upon their publication in 1808. 2 A negative expression of astonishment, from the Greek. 3 The Schoolmistress (1742), the best-known poem of William Shenstone (1714–63), was inspired by the style of Edmund Spenser (1552?–99).
John Brown to George Rogers Clark *** On my arrival at this place I found a full Representation in Congress but notwithstanding they have been industriously engaged in Business ever since the 1st. of April yet only three or four Acts have passed both Houses & one only has obtained the assent of the President—This slow progress sufficiently marks how great the difficulty of Legislating for a Country of such vast extent & containing in every part of which such a contrariety of Interests present themselves to & obstruct the passage of uniform Laws which are to be general & uniform in their operation—As yet no question immediately involving the Interest of the Western Country has been discussed in Congress, except on motion for leave to bring in a Bill for opening a Land Office for the sale of the Western Lands—this was granted but the Bill has not yet appeared—the object in view was to prevent migration to the Spanish territory [torn] enabling our Inhabitants to procure Lands N. West of the Ohio upon easy terms—I fear they will go upon too contracted a plan to produce the desired effect. The appointments of Secretary at War & of Finance not being yet made have prevented the adoption of any Measures relative to the Indians or the more advantageous disposition of the Troops now stationed upon the Ohio—The Governor of the W[ester]n. territory [Arthur St. Clair] has been waiting upon that Business at this place for some time past but with little prospect of success—Our Treasury is empty & by reason of delay in passing a Revenue Bill the whole impost on all the Spring importations of Goods has been lost & this was the sole dependance; Kentucke need not expect any immediate aid from Congress—if they had the means
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I would not answer for the Inclination but at present the means are certainly wanting. *** I herewith send you some of the late Gazettes—shall from time to time advise you of any thing important in this quarter. Hope you will write to me your Sentiments relative to the Interests of the Western Country if you will forward your letters to my Brother James Brown at Danville he will transmit them to me. ALS, Draper Papers, WHi. Addressed to Louisville, Kentucky. The omitted text describes Brown’s intervention with Levi Hollingsworth for the payment of a debt owed by Clark, and concludes with Brown’s appeal for a narrative of Clark’s Revolutionary War campaigns in the Northwest Territory. Madison, who “is so much engaged in the success of this application,” offers to “carefully attend to the arrangement & Style” if Clark provides the material.
Lambert Cadwalader to James Monroe *** Having closed the Topick of Business I am now to write a word or two on Politicks—The Bill for imposing Duties on Merchandize imported has passed both Houses, and is gone to the President, as is also that for laying a Tonnage Duty on Ships—The two Bills, for the Collection of the Duties on Merchandize, & those on Tonnage, have not yet passed the H. of Reps.— The H. of Reps. have originated & passed a Bill for establishing an Office of Secretary of foreign Affairs a second Bill for establishing that of war & a third for the Department of the Treasury—The Senate originated the judiciary Bill, wh. is now under their Consideration, and will pass that body in a few Days, [lined out] when it will be sent to us. There has been a warm Contest in the H. of Representatives on a Clause in the Bill for establishing the Office Department for foreign Affairs, which gave the Power of Removal from office to the President—[lined out] It was scarcely declaratory of the Power being vested in the President by the Constitution, and yet it caused the most violent Altercation—The Question was however carried in Favor of the Clause—There were three Opinions on this Subject—The first was, that it was constitutionally in the President—the second, that not being constitutionally in the President, it might be vested, by Law, in any Manner the Legislature might think proper; the third, was that the Power of Appointment being in the President & Senate that of Removal ought to be there also—I must confess I could not be of the last Opinion because a Case might and probably would happen, where the Presidt., convinced of the Malversation of an Officer, and, being desirous of removing him, might propose it to the Senate [lined out] a Majority of whom might be
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against it—If you inquire what would be the Consequence? why, the Majority having pre-judged the Case in refusing to remove the Officer upon the Allegations of the President & the Proofs addressed by him to the Senate—the Offender would, in such Case, in Fact, be tried by the Minority of the Senate. ALS, Monroe Papers, NN. The omitted text concerns a legal transaction in which Cadwalader was engaged with Monroe and Phineas Bond.
John Fenno to Joseph Ward *** I think this business of amendments a very unpropitious affair, just at this juncture—Mr. M[adison]. is universally acknowledged a man of the first rate abilities: but there appears to be a mixture of timidity in his disposition, which, as he is so influential a character, I some times fear will be productive of effects, not salutary, to say the least—every movement of this kind, unhinges the public mind, gives an opening to the artful, unprincipled, & disaffected—who are waiting with burning impatience for an opportunity to embroil & embarrass public affairs. *** I perceive by some of your papers, that the leaven of iniquity is beginning to work—the publishing of Gerry’s speech solus,1 is a barefaced violation of impartiality, and is evidently designed to make an impression, that shall forestall the public sentiment—the printer that can be made the tool of a party in so flagrant a manner [lined out] merits universal contempt—I should equally reprobate similar conduct on the other side—the strictest impartiality has been discovered in the publication of the debates—and Mr. G— has had equal justice done him, with the other speakers—the Question has been determined by a respectable majority—why then should such indirect methods be adopted to create jealousies & dissentions? may confusion cover the restless sons of discord & anarchy—I hope you will properly notice this. *** ALS, Ward Papers, ICHi. 1 “By itself.” This was probably a reference to Gerry’s speech on the power of removal which appeared in the [Boston] Herald of Freedom on 30 June.
Benjamin Goodhue to Michael Hodge We have as you doubtless have heard completed the Impost and Tonage bills which are to opperate the 1st. of August, the Senate have nearly got through the Judicial Sistem without any material alteration from the plan
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reported and which I suppose you have seen published—The House have under their consideration the bill for collecting the duties and which will probably soon pass in order to be in season to meet the impost bill—the several Harbours ports &c. of the United States are put into districts, in each district is to be a port of entry and to which is annex’d several ports of delivery, for instance Newburyport is a district to which are annexed Salisbury Almsbury and Haverhill as places of delivery, and a Collector Naval Officer and Surveyor are to reside at Newburyport—The duties of those Officers are generaly as follows—the Collector is to receive the entry of the Ship and Cargo in the first instance and receive the duties—the Naval Officer is likewise to receive all entries made with the Collector and is to be a check or comptroller upon the Collector, the Surveyor is to be the out door Officer to superintend the unlading of Ships, Gaugers Weighers measurers &c.—the fees for entring and clearing a foreign ship 6 dollars for an American upwards of 100 tons 4 dollars, under 100 tons 3 dollars, for a permit 20 cents, Bond 40 cents, which fees are to be divided equaly between the Collector & Naval Officer excepting, the former is to have 1⁄4 % Ct. upon all monies collected, extra, for that service—they are to find their Own Offices, Stationary &c.—the Surveyor is to have for every foreign Ship unlading 4 dollars, in ballast 2 dollars—for an American 2 dollars, in ballast 1 dollar—those are the fees as they stand reported but its uncertain whether they may not undergo an alteration. its pretty difficut to fix them so as to opperate tolerably equal with regard to Officers in different districts, for in some they will have too much while in others it may be no object, and to give them salaries would be an amazing drain upon the Revenue. It seems the prevailing opinion that as soon as We have got through the great bussines necessary to set the Government agoing We shall have a recess, and that it will take place in September. ALS, Ebenezer Stone Papers, MSaE. Addressed to Newburyport, Massachusetts.
Thomas Hartley to Jasper Yeates I received your Favor of the 27th. ult. and am sorry as well as you that our Revenue System is not yet completed On Consideration you would have found that the Old Recommendation1 would have been very imperfect and very unjust—your own extended Mind will discover numerous Difficulties in forming the Impost and Collecting Laws—yet [lined out] making a generous Allowance there are hundreds that afterwards will appear. Indeed when the Committee had lately brought in the Collecting Bill as it had been under the Anvil & had been hammered and hammered over again—I thought as well as several others that we woud soon get it through
Thomas Hartley to Jasper Yeates, 5 July 1789, ALS, p. 1. (Courtesy of the Historical Society of Pennsylvania.)
Thomas Hartley, attributed to Edward Greene Malbone, 1777–1807, oil on ivory minature from life, ca. 1798. (Courtesy of Independence National Historical Park.)
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the House—but we find every Inch contended—[lined out] when it is finished I will tell you. I immagine the two Laws will begin to operate by the first of Sepr. or perhaps in the Month of august. The Bill in the Law Department [the Judiciary Bill] is still under constant Debate in the Senate—as soon as they send us the same I shall as I mentioned before forward you a Copy. *** God willing I will be at Home before October—but more of this again. *** ALS, Yeates Papers, PHi. Addressed to Lancaster, Pennsylvania. Part of the omitted text promises to send a printed copy of Hamilton’s “elegant” speech on Nathanael Greene, delivered “to a very polite and numerous audience” the day before. 1
The impost of 1783.
John Langdon to Joseph Whipple I am honor’d with your favor of 29th. Ult. I’ve only time to thank you for it, and the Friendly Contents—Your Business shall be Attended to I hope we shall soon send out the Impost, Tonage and Collecting Bills, together with the Appointment of Officers which must all go together—I dispare of haveg. every thing to my mind; but this is not to be expected; but I feel a Satisfaction in haveg. my Share of Influence, which shall be most Righteously made use of for our Common good. the at the Same time I Sacrifice my own Interest—Your Name is lodged with the President for Collector— Notwithstandg. I think you had best write a letter Directed to the President of the United States, informing him that th you have had and now hold the Collectorship of the Impost. and would wish to be Continued—perhaps there may be no need of this, yet I would be prepar’d at all points—I should Immediately Return home for a few weeks. but I cannot leave the Appointments of these Revennue officers; as it is of importance to my Friends that I should be here, The Collector of our port will be of Importance. [P. S.] Write by Retd. of post. as no time is to be lost. ALS, Sturgis Family Papers, MHi. Addressed to Portsmouth, New Hampshire.
Richard Bland Lee to Leven Powell A few days ago I was made happy by receiving your favor of the 23d Ultimo—I am not so much of a prude in politicks as to think titles in Society altogether useless and did not feel any repugnance to giving our Represen-
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tative President a name, that would have impressed on the minds of the world as well as our own Poeple a proper reverence for the supreme majestracy; and therefore shall not quarrel with the address of your letter, tho’ it would not have been less acceptable if you had used an humbler stile, which to be sure, would have been more suitable to the prevailing opinion of the house of Representatives, and better accomodated to that estimate which I have formed of myself, for I have never been desirous of arrogating any respect, which was not also due to every virtuous citizen. This much be assured of—that for a title I would not lose your correspondence, and to be without a title I would not sacrifice it. For I value a letter from you so much, that the address is the last part I [illegible] Do but continue to write—and I will freely allow you to indulge the full extravagance of imagination. But I must stop my career on titles, lest I should waist as much of your time on an empty subject as the Congress did of thiers. The Impost and Tonnage Bills have passed both branches and have been sent to the President for his approbation—and if sanctioned by him, will take effect on the first of August. The Senate finally prevailed in their opinion to abolish the discrimination between foreign vessels—veiwing the measure as a Tax on our own commerce, while it had a tendency to irritate nations, with whom our commerce Trade was most beneficial to us—Spain Portugal and England who have not yet formed commercial treaties with the U. States—and who may now be inclined unless irritated, to enter into such a connexion on terms reciprocally useful. we are busily engaged in compleating a system of Collection—which I hope will be ready to meet the approbation of the President by the 15th. Instant. In virginia the Ports limited for the unlading of vessels coming from foreign ports, will be exactly the same as established by the laws of the State and the other regulations will be made both with a proper regard to the safety of the Impost, and to the freedom of Trade—so that in the main the policy of the general government will in the main be much more liberal than that of the State, and will therefore give much more satisfaction, both to the Merchants and to the Poeple at large. The Tonnage is 6 cents on American bottoms, 50 on foriegn. The Senate have almost compleated their Judiciary system—the outlines of which are these. Each State will compose a Seperate district and, a Judge will be appointed to reside therein, who will be vested with original admiralty Jurisdiction, and criminal cases of or offences against the laws of the United States will be triable before him. The trial of facts to be always by a Jury. They will have This court, will have concurrent Jurisdiction with the State Courts in actions of a civil nature until the sum amounts to (500 dollars). Besides these courts—the United states will be divided into three districts circuits to be called the Eastern, the Middle, and the Southern Circuit: the middle circuit will be composed by N. Jersey Pensylvania, Dele-
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ware, Maryland, & Virginia—The district courts will hold four annual sessions—and the circuit courts two—The latter courts will be constituted by two Judges of the supreme Court and the district Judges of such districts [illegible] to the circuit—This Court will have cognizance in civil cases, where the sum or value exceeds (500 dollars)—and in such criminal cases as are not other wise provided for—and Jurisdiction concurrent with the District courts, wh relative to crimes committed to their decision. appeals will lye from the district to the circuit courts. The Supreme court will consist of a chief Justice and five associate Justices—will hold two annual sessions—four are necessary to make a quorum to proceed to business. The duty of this court is generally designated by the Constitution—appeals lye to it from the circuit—they can issue mandamus &c. all Writs proper for a supreme court to issue. I have now according to your request given you a skeliton of the Judiciary system in the contemplation of the Senate. I fear you will find some difficulty in comprehending it from so concise a sketch. I think it will [be] formed in a manner adapted to the situation of America, and that it will so effectually provide against oppression and abuse as to give general satisfaction. In the course of a Month you will have a full veiw of the subject—when you will be able to Judge for yourself. The house of Representatives have passed three Bills establishing a Treasury department, a department of war, and a department for foreign affairs. I inclosed to you some time ago some of the debates which arose in the discussion of a constitutional question resulting from these Bills. By the next post I will send you the 3d. no. of the Congressional register. when you grow tired of this performance inform me and I will withdraw your name. It is by no means so accurate as it ought to be. You may pay your subscription to Mr. R[ichard]. M. Scott—who will forward it to me. Our beloved President has had an imposthume, together with his other indisposition, on his thigh; he rcov recovers gradully from this—which I fear will be troublesome to him for some time. *** N. B. I sent a few days ago the 2d. No. Congress[ional]. Reg[ister]. ALS, Powell Papers, DLC. Addressed to Loudoun County, Virginia. A portion of the omitted text discusses prospects for crop prices.
James Madison to James Madison, Sr. The last letter from my brother A[mbrose]. left me in much anxiety for the State of my mother’s health. I have ventured to hope from the silence which has followed, that she has been on the recovery. I wish much to hear oftener from the family than I do and would set the example if other occupations, and particularly a very extensive correspondence would permit.
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The business goes on still very slowly. We are in a wilderness without a single footstep to guide us. It is consequently necessary to explore the way with great labour and caution. Those who may follow will have an easier task. The bills imposing duties on imports & tonnage have at length got thro’ both Houses. The question whether a distinction should be made between Nations in Treaty and those not in Treaty, was finally settled in the negative, so that G. Britain is in fact put on the footing of same footing with the most favored nation, altho’ she has shewn no disposition to treat with the U. States, and will probably be confirmed by such a measure in the belief, that America, even if under a United Government, would be unable to unite her counsels on this subject. The discrimination was struck struck out of the bills in consequence of the refusal of the Senate to agree to agree to the bills on other terms. They urged in a Conference between Committees from the two Houses on the subject, that something more efficacious was necessary in order to counter work the restrictions of G. Britain; and that they had accordingly appointed a Com[mitte]e. for the purpose of devising such a plan. It is very doubtful however whether it will come to any thing, & whether a more moderate mode of shewing a determination in the new Government to vindicate our commercial interests would not have answered every purpose that can be answered at all. If any thing should be done on the plan of the Senate, it will probably consist of regulations founded on the principle of the British navigation Act; which will disable her vessels from bringing to this Country any articles not the growth or manufacture of G.B. and embarrass her W. Indies untill the trade to them shall be opened to American as it is to British Vessels. Bills for establishing the several Departments of war, finance & foreign affairs have passed the House of Reps. and are before the Senate. The bills for collecting the Impost and regulating the Coasting trade are still before the House of Reps. but will be pushed thro’ as fast as their length & importance will permit. The subject of amendments will not be resumed til the revenue matters are over. I hope it will then be duly attended to, and will end in such a recommendation as will satisfy moderate opponents. This however is but opinion, nothing having passed from which any conclusion can be drawn with regard to the Sentiments of the two Houses, particularly the Senate. ALS, Madison Papers, DLC.
James Madison to George Nicholas Your favor of May 8th. was duly handed me by Mr. Bro[wn.] I thank you for the information it contains. You are right in su[pposing] that the importance of the Western Country is not sufficiently unders[tood.] Many errors
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with regard to it have been corrected, but many still lurk in the minds of those who view it at so great distance and through the medium perhaps of local prejudices. I hope juster sentiments will continue to increase. Nothing can promote them more than the testimony of intelligent and respectable characters who cannot be deceived themselves and who are incapable of deceiving others. In this point of view your communications and remarks from time to time will be doubly acceptable to me, as they will add to the personal satisfaction I receive from them, the best means of impressing necessary truths on the minds of others. No question has yet been started by which the disposition of Congress towards the Western Country or of the Senate towards the Mississippi could be determined. I am not apprehensive that any injurious designs are indulged in either branch, and would fain hope that an active policy of the right sort will prevail in both. Danger to the Mississippi cannot exist I think during the Administration of the Existing President, nor any defect of attention to the Western interests in general. How far an attainment of the several objects you point out will be possible within the time wished is more than can be yet decided. Provision will I flatter myself be made during the present Session, by which the Executive [Dep]artment will be enabled to take measures for your d[efense] [torn] measures with respect to Spain will not lie with the House of Representatives. It is [to] be hoped they will be taken up as soon as the way is prepared for them. I concur fully in the absolute necessity of accomodating your District with convenient access to federal Justice. The Senate have originated and are now discussing a Bill for the Judiciary Department. If the case of Kentucky should be overlooked there, it shall be properly urged on the attention of the House of Reps. It is a misfortune that the Western Country is not represented in the Senate. The speedy erection of Kentucky into a State is a desireable event, in order to supply that defect as well as on other accounts. The proceedings of Congress have been conducted hitherto with as much moderation but with less despatch than were to have been wished. The subjects of past discussion have been an Impost, a navigation act under the name of [lined out] duties on tonnage, and the establishment of the Departments of Foreign affairs, war, and the Treasury. The first & second have passed into laws. The rate of duties brought forth a variety of opinions, and in a few instances, betrayed the influence of local interests. This happened most evidently in the ratio between the duty on rum & that on Molasses. A high duty on the former was a great object. A high duty on the latter which is consumed in substance as well as distilled to a great amount in the Eastern States met with persevering opposition from that quarter. The House of Reps. fixed the ratio at 12 & 6 Cents. [The other b]ranch changed it to 8 and 21⁄2. with a disallowanc[e] of the drawback on Country rum exported from
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the U. States. Af[ter se]veral experiments concluding with a conference, the ideas of the Senate were established. It appeared in the progress of the Bill imposing duties that the friends to the Constitution did not err in supposing it to be safe in allowing a majority to decide in such cases. The votes of the same State & same part of the Union were as much split as those of different parts; and in general the advocates for low duties were in greater proportion from the East than from the States which most apprehensive of oppression from that quarter—The duties on tonnage ought to have an equal effect in suppressing Southern apprehensions. Foreign Vessels are to pay half a dollar only. This is less than would have suited the States of Maryland & Virginia, and was a sacrifice to the mistaken policy of S. Carolina and Georgia—In the passage of these bills the question was repeatedly agitated whether a higher tonnage &c. should not be imposed on Nations not in Treaty than on those in Treaty. The bills passed the House of Reps. with such a discrimination agreed to on the last vote by a majority of upwards of 40 agst. 8 or 9. and as I conceive on the most obvious and solid grounds of national policy. The Senate viewed the subject in a different light and after mutual disagreements & a conference, reduced the H. of Reps. to the dilemma of giving up the discrimination or the Bill. One of the arguments used on the [par]t of the Senate during the conference, was that something more [effectu]al ought to be attempted for extorting a relaxation [in British] policy, and that a Comm[itte]e. had been appointed by the Senate for the purpose of devising such a plan. I much doubt that it will come to nothing, and that room will be given for triumph to the prophets who have hitherto dissuaded that nation from regarding this as incapable even under a limited government, of uniting its counsels on this subject. It is possible however that the thing make [may] take a more favorable turn. The Bills on the Ex[ecutive]. Depts. are before the Senate, having all passed the H. of Reps. They are formed on the old models, except the Treasury department, which in place of a Board substitutes a Secretary controlled by a Comptroller and other officers among whom the business is divided and who are not dependent on the head. As these officers are not during good behavior, it became a constitutional question, by whom they were to be removable. By some it was contended that they could only be removed by impeachment. This was thought inadmissible; by others that the power of removal was subject to legislative disposal; this was also disapproved by a majority—by others that the power of removal was attached to that of appointment; [lined out] and therefore belonged [to] the President & Senate; to this it was said that the Senate could claim no Executive power not expressly given to it, that as they were a legislative branch they should be no farther blended in Exec[utive power] than was indispensable—that as they were [given extensive] Judicial power in [cases] of impeachment, they [ought] not to
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be bound to give a previous & summary opinion on [questions that] might come before them in their Judicial capacity; that it would destroy the responsibility of the President, and by enabling the subordinate officers to entrench themselves behind a party [in] the Senate destroy the harmony & energy of the [Executive De]partment. The opinion which prevailed was that the [Executive] power being generally vested in the President, and this not [being] particularly taken away, it remained to him, but without diminishing the power of removal by the two houses by way of impeachment. The Bills for the collection of the duties &c. are now before the H. of Reps. They require great labour & time in the first formation & will probably go out full of inaccuracies. Time however will supply the proper corrections, and make the future work easy to our successors. It was proposed in the beginning of the Session that the collection of revenue should be accelerated by adopting the rate of duties settled by Congs. in 1783, and by referring to the laws existing in the several States. It was concluded however by a majority that this could not well [be] done. The duties then settled were not only too low, but not [proport]ioned to each other, and therefore likely to ope[rate unequally and the states] deprived of the power of defending themselves by colle[ction] regulations of their own. Added to this, the State laws had been adapted to a different situation of things, were in many of the States [ex]ceedingly defective, and in some of the States no laws existed at all on the subject. Inclosed is a copy of a proposition made on the [8th of June on] the subject of amendments. They are meant to exclude [every thing] that might endanger their passage thro’ Congress, or their ratification by 3⁄4 of the States. They will be taken up as soon as the Revenue bills are passed with those for compleating the organization of the Government. ALS, Harry Innes Papers, DLC. Addressed to near Danville, Kentucky. The document is damaged. Most of the words in brackets and italics were conjectured by the editors of PJM.
Richard Peters to James Madison It is better to be late in thanking you for your Present of Tobacco by Mr. [Sharp] Delany than not to do it at all. You have given me the Quid but as to the pro quo you must find it in the Satisfaction you enjoy in doing civil Things. I am in the Midst of a popular Assembly of Mowers & Haymakers & my Harvest will overtake me before I am ready for it. You are in the Midst of a popular Assembly of Politicians but when your Harvest will ripen the Lord knows. You are but preparing your Seed & you take so much Pains in the cleaning of it that some will be ground to Powder & not a little blown away in the Operation. I see you have been offering Amendments to the
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Machine before it is known whether it wants any. After these shall be added the Ingenuity of those who wish to embarrass its Motions will find out some Things that it wants & so after making it as complicated as a Combination of Dutch Stocking Looms they will alledge it to be too intricate for Use. I was glad on one Account to observe you were not joined by those great Artists who offer Repairs before a Thing is worn, but I was mortified on the other Hand that you were in a Situation to put it in their Power to neglect you. You must not be hurt at these clodhopping Sentiments of mine for I love you so truly that I dislike your mixing with so many Parts of your Conduct that command my Approbation, any one I cannot praise. You see into what a Scrape you have brought yourself by being kind to me? Yet it is more than possible I am wrong in all this Business as you know more of the Necessity of such Accomodations than I do. If Chips must be put into the Porridge however, I think I would let the bad Cooks put them into the Pot, nor should any throw out Tubs but those who were afraid of the Whale.1 But a Truce with all this lest you should think my Ideas on a Level with my Company—the Gentlemen of the Scythe & the Rake. If however I can provoke you to oblige me with a Line I shall gain something by these Observations on a Subject which I hope is put to Sleep. P. S. I see you intend that the Ministers at the Heads of Departments should communicate with Congress immediately. Would it not be more proper that they should be Auxiliaries to the President & all Communications come thro’ him as well as all Orders to subordinates pass from him? This may seem trifling but I think I perceive a democratical Jealousy in Members of the House, as to the Presidents Powers which induces them to make his Agency in Measures as little necessary as possible. I confess myself more afraid of the popular Part of our Government than of any Exercise of Power elsewhere. ALS, Madison Papers, DLC. Written from “Belmont,” Peters’s estate outside Philadelphia. 1 In his 1704 Tale of a Tub Jonathan Swift expounded on the whalers’ custom of tossing a tub to a whale to divert it from damaging their ship.
Theodore Sedgwick to Pamela Sedgwick I am surprised, my dearest & best love, that at the time of writing your letter by Mr. Whiting you had recd. none of mine. Beleive me, kindest of women, that, this is not the time of life, most agreable to my inclination, but is [lined out] but is most painful and disagreable. But you, my love, well know the progress of inducements which brought me here, and I have the vanity to beleive my feeble aid in the important busi-
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ness in which I am engaged will not be altogether without effect. My children are dear to my hea[r]t and I love the companion of my life as I love my own soul. from your own tender sensibility you will then judge my pain in the seperation. To deny my compliance, with the earnest sollicitations of my friends was impossible. and it was equally so not to wish them success after the vile and wicked arts which were used to defeat my election. But I look forward with pleasure to the time when I shall again be restored to the bosom of my family and to your affectionate arms. *** As yet I am at the house of a Mrs. Dunscomb with a number of the delegation of our state, but the place is not agreable to me. the people are not very cleanly nor very obliging. At present it does not appear unlikely that I shall be at home by the begining of september. As to Mr. Douglas I have told him it will not be in my power to make him any payment untill the fall, I shall write him on the subject. Yesterday there was much noise, confusion and drinking on the occasion of celebrating the 4th. of July. These are scenes you know not agreable to me, to avoid them I proposed to ten other gentlemen a ramble on long i[s]land, which took place, so that I cant give a perticular history of the transactions. present my love to our dear pledges, and my kind re[me]mbrance to the family and believe me with the most faithful and constant affection ever your own. ALS, Sedgwick Family Papers, MHi.
William Smith (S.C.) to Edward Rutledge I lose no opportunity of making you acquainted with the most interesting Events of New-York—they are few in number & tho not of vast importance, yet not unworthy of notice. Those of a public nature are the passing the Impost & Tonnage in which the principle of discrimination in favor of our Allies has after much contention, been abandoned—the Senate have been averse to it from the beginning, & our house, tho originally strongly attached to the principle, gradually gave way & finally concurred. I confess I was convinced by the arguments urged against it on the part of the Senate in the Conference & became a Convert among many others. The Bills are to commence their operation the 1st. next month. Upon the whole, they are as favorable to the Southern Interests as we could have expected. We are now busily engaged in the very voluminous bill for regulating the tion of the Impost, & the Senate as busy on the Judiciary. they have
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got nearly thro’ it, with little alteration—I expect we shall not let it off so easily—Elsworth, the father of it, defends every clause valiantly—when it comes an orphan to us, we shall make very free with it. The Senate proceed in a few days to the discussion of the Bills, establishing the Grand Departmts.—the Clause, vesting in the Presidt. alone, without the advice & consent of the Senate, the removal of the heads of those departmts. at pleasure, will occasion warm debates & probably be rejected. On counting noses, those in favor of the Clause are Morris, Carrol, Strong, Elsworth—Patterson, Read, & Henry. against it Langdon—R. H. Lee, Grayson—Izard, Butler—Maclay, Elmer—Wingate—Dalton, Gunn, Few, Johnson, & Basset. [lined out] —Dalton—Henry—Gunn—Few—Read, Basset—Patterson—Johnson. It was carried in our house by a small majority—I take the numbers be, where were all the members present, about 35 for it & 24 agt. it: one of the divisions, the numbers were, ayes 29—noes 22—Should the senate <stand firm>, we must give way or lose the Bills—The Principle of a strong governmt. is carried to extremes by some persons here, especially those who expect either to be in high offices themselves or to be the cabinet council of the President. I conceive the Constitution intended the Senate to be the constitutional council of advice to the Presidt.—These high-flyers want to depreciate the Senate & substitute a privy council, behind the Curtain. The President is recovering fast, but cannot see company yet. Butler was confined by an accident (which I suppose you have heard of) several days to his house—he has been to the Senate, still lame— On motion, it was resolved unanimously that he shod. be permitted to speak sitting, but he would not avail himself of this advantage. I hope, our house will pay the same Compliment to Huger, when he appears again on the floor, which is however still problematical, tho he is much better & his Physicians say the Symptoms are favorable—he has not yet got over the dangerous crisis & the fracture was a very terrible one. In considering the subject of a Bankrupt Bill several doubts have occurred to me, on which I request your sentiments; to wit: 1st Whether the System shall embrace all debts existing prior to the passing the Law or only those incurred subsequent to it? 2nd If they should be all comprehended, whether it would be proper to discriminate, making the Law milder quoad1 the former & more severe quoad the latter? 3. Whether the System should be confined merely to Traders or extended to all Debtors? 4. If confined to Traders, what mode should be adopted of compelling those who are not traders to of giveing up their property to those who are?
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5.
Whether the Genl. Govt. have a constitutional right of including in the Bankrupt Law a System of Insolvency, as incident to it? 6. Where all Commissions of Bank[ruptc]y. shall be sued out—& whether an Appeal & under what circumstances? Consult some of the Merchants on these points & let me have your fully—it’s a subject of considerable consequence & I am very anxious the Bill should be well matured. I saw your Son [Henry] yesterday—he is well & perfectly satisfied with your his Situation, which indeed appears a very eligible one—I think he has a fair prospect before him & have no doubt will succed. Hamilton gave us a fine Oration yesterday at St. Pauls church:2 the Subject would have been peculiarly pleasing to you—it was an Eulogium on Genl. [Nathanael] Greene. your Son was disappointed in it—I confess it had some defects—for an oration, there was too much of the narrative & too little of the declamatory & pathetic—but the Language was classical—the sentiments brilliant & it was deli[vere]d with animation. It was indecently partial—not a word of Sumpter (who was present & not a little displeased) [Francis] Marion, or Col. [Henry] Lee thro the whole of a long history of the Southern operations—much praise of Col. [William] Washington—[ John Eager] Howard & [William] Campbell—the late ral [Charles] Lee was in plain terms called a Traitor—in speaking Virginia he attributed her embarrassments during the Campaign to her numerous Slaves, “whom injured humanity taught to detest their masters”—this Sentiment might have been very well omitted—Mr. Z. [Izard]. did not like it at all General [Charles Cotesworth] Pinckney exhibited in Charleston, I suppose—I shod. have been much pleased to have heard him, if his Oration is printed, I wish it may be sent to me—I will endeavour to procure Hamilton’s for you. The Legislature assemble at Albany tomorrow, for the sole purpose of electing Senators—the Candidates are Gnl. Schyler, [ James] Duane, Judge [Robert] Yates—King—the Chancellor [Robert R. Livingston]—& <Judge> [Lewis] Morris. Schyler & Yates have the best prospect of success—many speak of [Ezra] L’Hommedieu as having a good chance. King is a mem[be]r of the Legislature from this City—He has been admitted at the Bar here by unanimous consent, agst. the rules of the Court—& has the Interest of Hamilton on this occasion, but he is too young in the Country in the opinion of a great many.3 ALS, Smith Papers, ScHi. Words in angle brackets are from South Carolina Historical Magazine 69(1968):10–13. As far as. The President’s wife and official family and members of the House and Senate were among the audience at St. Paul’s Church for the July Fourth oration sponsored by the New 1 2
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York and other state chapters of the Society of the Cincinnati. Hamilton’s perceived slighting of the contributions of the southern militia during this speech almost led to a duel between him and Burke in early 1790. See DHFFC 8:476–80. For the text of Hamilton’s oration, see PAH 5:345–59. 3 King represented Massachusetts in the Federal Convention in 1787, sat in the state ratification convention in February 1788, and, as a Massachusetts delegate, led the congressional fight in the summer of 1788 to call the FFC to meet in New York City. But by March 1789 he made the decision to move to New York City, where his wife of three years had been raised.
George Thatcher to Sarah Thatcher *** Every sunday, the time of my writing, cuts off a week, and I say to myself—I am one week nearer, than when I wrote before, to my return home— which I anticipate with much greater pleasure than you can—as I shall see our dear children & their mamma. For eight or ten days the weather has been exceedingly warm. But I have enjoyed my health much better than what I apprehended—during this time I have not walked any more than barely to go to the Hall at eleven & return about three or half after—I find it is best for me to set still in hot weather. I spoke yesterday to my Tayler to make me a very thin, light Coat—I find a Broad-cloth too heavy & uncomfortable for Summer at this City especially as I am never out in the evening—or wet weather. ALS, Thatcher Family Papers, MHi.
Henry Van Schaack to Theodore Sedgwick Your letter of the 20th June was handed me last Thursday. It came apropos for I had it then in contemplation to write you: I will my Dear friend, detail to you freely and very sincerely the sentiments and opinions of many of your Constituents that I converse with on the present posture of our public affairs. The Report of the Committee for the salaries of the President Vice President and the allowance to the Senate and Members of the other house is very much disapproved of. What after the President has told us in his Speech that he declined accepting of any pecuniary consideration will Congress make an Establishment of 25 thousand Dollars a year—We have been fed with expectations of the strictest Œconomy in every Department— Will the Representatives of the people allow themselves 6 dollars a day for 20 Miles Travel and six dollars a day in session—their Speaker extra Six Dollars for his Services in the chair—Will not this monstrous extravagance be a prelude to pervade every Department in the Government? The President of the Senate five thousand Dollars annually—For what? It is certainly too
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much considering the little he has to do when the President is in the Chair. When these sentiments are combated by observations that living is dear &ca. in Populous Towns—The reply is the more extravagant the allowance to the public Servants the more exorbitant will the Taverns and boarding houses be—If you was to allow yourselves 20 dollars a day the price of Boarding &ca. would be in proportion. They observe further that if the members of the two houses are Men of fortune they can afford to serve their Country cheap—If not their wages ought to be in proportion to their circumstances at home—That in the deranged State of public affairs the Strictest Œconomy ought to be used and those who are in the Employ of the public should have no more than a bare competency for their services—The idea of making money out of the public at this time ought to be expunged. Although many of those observations have not much weight yet they gain ground and in my humble conception of matters, if the two Branches of the Legislature agree to the Report of the Committee it will lessen the confidence of a considerable number of the yeomanry of the Country. Happy very happy am I that neither you or Silvester were on the Committee who made the Report. I own to you in great confidence that it would grieve me to the heart if the question upon the Report is taken by yeas and Nays that either your or his name should be in favor of it. I have cogent reasons to make me anxious that you may both Stand in Opposition to it. I think pains is taken to impress the public mind that the Report will certainly be adopted. Objects at a di[s]tance are magnified you know, by designing men to answer base purposes. There is great hope entertained that though Congress should agree to the Report the President will not pass a Bill for the purpose of Establishing the Report it. With Respect to the Determination of the House that the Executive Officers should be removeable by the President from Office—This accords perfectly with my own idea though I cod. wish the arguments against the measure were less potent. Upon the whole I believe people will be divided in sentiment against the Upon this decision. I am happy to find that the idea of a general assumption of the State Debts extends as you represent it to me. If this matter can be brought to maturity it will be popular in the Commonwealth of Massachusetts. It must of necessity be a work of time I should suppose. You will do well to give me early intelligence of what passes in the national Legislature this will shew that you are not unmindful of those you Represent nor that and will furnish me with the means of collecting the Sense of my Brother farmers whose good opinion of the new Government is of consequence you know. I am sincerely happy to find that the duty on molasses is brought down to 21⁄2 Cents this will I believe give general satisfaction. Your Constituents
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expect much from you and I venture to tel them that they will not be disappointed. How could you be so thoughtless as to take [Great] Barrington in your rout down to Congress—A day or two ago I was seriously asked whether I did not think it was done to insult [William] Whiting I replied that I was posutive you never had him in your mind & that your going down that way was to accommodate the friends who accompanied you from the lower parts of the County. I am sure that I am right. *** As much of this letter as you like I beg you will Shew Silvester who as well as your self is tenderly and Affectionately remembered by this family. ALS, Sedgwick Family Papers, MHi. Written from Pittsfield, Massachusetts. The omitted text relates to local unemployment and poor crop conditions.
Other Documents
Nathaniel Bedford to Benjamin Rush. ALS, Rush Papers, PPL at PHi. Written from Pittsburgh, Pennsylvania; addressed to Philadelphia; carried by Mr. Andrain. Citizens of Pittsburgh feel “disappointment and Chagrin” at the election of Scott, a man from Washington, Pennsylvania, “a rival Town; and tho’ a good Man; neither of Influence, or Abilities: nor had he a thought of being nominated; and was exceeding Angry when he found that to be the Case”; claims that Scott’s motion of 28 May on the land office aimed at benefiting his town by establishing the land office there. John Brown to Harry Innes. ALS, Innes Papers, DLC. Badly mutilated. Congressional news. Lambert Cadwalader to Phineas Bond. ALS, Cadwalader Papers, PHi. Addressed to Philadelphia. “As to the Time of instituting the federal Courts, there can be no Certainty”; the Judiciary Act “may come to our House in a Week more, but how long it will take to carry it thro’ our House, no one will pretend to decide.” Benjamin Goodhue to Stephen Goodhue. ALS, Goodhue Family Papers, MSaE. Addressed to Salem, Massachusetts. Encourages his wife Fanny with news that “I shall be at home in September beyond a doubt and perhaps sooner.” Benjamin Goodhue to Samuel Holten. No copy known; enclosed in Benjamin to Stephen Goodhue of this date, where it is described as “upon
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private business which was before the old Congress”; also acknowledged in Holten to Goodhue, 6 August. John Langdon to Eleazer Russell. No copy known; acknowledged in Russell to Langdon, 13 July. James Madison to James Monroe. No copy known; acknowledged in Monroe to Madison, 19 July. Joseph Pierce to Benjamin Goodhue. ALS, Letters to Goodhue, NNS. Written from Boston. Queries status of state paper money laws under the federal Constitution, suggesting that Congressional action is needed; asks Goodhue to inquire about his brother John, who was posted to West Point. William Thompson to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. Office seeking: solicits a word on his behalf to “the President General.” Jeremiah Wadsworth to Harriet Wadsworth. Wadsworth Papers, CtHi. Addressed to Hartford, Connecticut. If he had not been so repeatedly disappointed in his expectations of coming home, he would say he would be there this week. From New York. [Boston] Massachusetts Centinel, 11 July; this report is undated. It is expected that Congress will adjourn about the first of September for several months and that “the several Revenue-Bills” will be completed in a few days; the Impost [HR-2] and Tonnage [HR-5] acts are ready for the President’s signature, “and you know they will not be long in receiving it.”
Monday, 6 July 1789 Rain (Johnson)
Elbridge Gerry to John Lowell I sincerely wish that you may fill the office of an associate Judge for two reasons. First, because I am sure you will administer it with ability and integrity and secondly because it is, or ought to be, yours by prior occupancy.1 The President in conversing upon the subject informed me that he had not
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predilection for any officer, and that where circumstances would justify it, he wished to continue officers in the offices they had filled; but I suspect there will be a proposition for appointing our Chief Justice [William Cushing] one of the associate judges. I consider him as a respectable character and have reason to think that if the measure should take place, it will be without his knowledge; nevertheless I conceive you have the best claim to the office. How far it will comport with your sense of delicacy to offer yourself as a candidate and propriety would unite in justifying the measure, whilst extended only to signify your disposition if honorably appointed, to accept an office substituted for one which you lately filled. I am informed another person will offer himself for that office, but as he is one with whom I am not on very friendly terms, I wish to say nothing about him.2 Excerpt of ALS, Paul Richards Autograph Catalog 182(1987):item 245. 1 2
Lowell was a judge on the Massachusetts court of appeals. Probably Francis Dana.
Woodbury Langdon to John Langdon *** As to the Bill relative to the Judicial Courts I have been so engaged ever since it has been in my hands that I have not paid that attentend attention to it that I wish intended but from once reading it I find many faults which I dare say will be all altered before it passes some of the principal of which are the following Vizt. The annexing the Province of Main to this State in a district is contrary to the words & every principal of the Con Constitution and deprives the Subjects of this State of the privileges which other States have and in short is improper in every View for many reasons which will naturally occur, in the next place it appears to me that the Supreme Court should consist of nine Judges and the Circuit to Court to consist of three of the supreme Court Judges for there would be a great impropriety in the district Judge being one of the Circuit Court for besides the impropriety of his settng setting a second time in the trial of the same Cause on an Appeal it might happen that that the an appealed Action might never be tried on the Appeal owing to the divition of the Court as it is not probable that the district Judge would alter his opinion I think I should also I think be for having the district Courts consist of three Judges each as the powers given that Court are so very extencive, but I conceive that the Paragraph in the 7th. page relative to compelling the defendant to furnish evidenc evidence for the Plt Plaintiff is the most exceptionable part of any and ought every part of it to be expunged for I can hardly conceive it possible that any man in the New England Governments would ever submit to a thing so ut-
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terly against Law as for a Party to be compelled to furnish evidence against himself in any Case whatever, I have not time to make any further remarks at present the foregoing I conceive to be the most material and will be attended to, other smaller objections will naturally be taken notice off when you fully examine the Bill. *** P. S. Pray present my Compliments to Mr. Livermore & all Freinds. ALS, Gilder Lehrman Collection, NHi. Written from Portsmouth, New Hampshire.
John Laurance to George Washington At the desire of Captn. [ James] Nicholson I inclose you his application for an Office, in the Customs, in this Port. I can add, to the other recommendations this Gentleman has procured from his Friends, that I have been intimately acquainted with him for some time past, and I am persuaded he would discharge the Duties of either of the Offices he has applied for with Ability and Integrity. ALS, Item 78, PCC, DNA. This letter covered Nicholson to Washington, 6 July, below.
Richard Parker to Richard Henry Lee Your favor of the 17th. June with a Copy of the Bill to establish the Judicial Courts of the united States came to me by the Stage which the evening before I left Richmond, on the 26th. I have had since but little time to consider it since I came home but as I have so favorable an Opportunity to New York by my Son John who sails in a few days for that Place I cannot avoid giving you my Sentiments upon it. The framers of the Bill appear to have taken great pains to make it as little exceptionable as possible and to have guarded against the Mischiefs which many people dreaded from the Words of the Constitution and I think upon the whole the System a good one. But as I cannot be acquainted with the further views of the framers, whether they intend this bill as the whole Scheme of the Judiciary or whether Supplemental Bills respecting each Court are designed I shall take the liberty to make a few Observations upon the Supposition of its being the whole of the Scheme System. I refer it to your Consideration whether it would not have been most proper to have had three seperate Bills; the first establishing the Supreme Court with its Jurisdiction &c. as clearly defined in the present Bill together with the several rules necessary to be established in the Conduct of all Suits
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brought in that Court to their final determination—for as each State has its particular Modes of conducting Suits there may be some Confusion therein if not established by Congress. indeed there does not seem to be so great a necessity for it in the Supreme Court as the six Judges may in their own Court establish uniform Rules, which will not be the Case in the Circuit and district Courts where there are different Jurisdictions, different Judges and different modes [lined out] as I have said in each State for the bringg. Suits to issue. The rules for the Circuit and district Courts should also be clearly laid down in each seperate Bill establishing those Courts—It is true in the 17th. Clause of the Bill Power is given to the several Courts to make and establish necessary rules for the orderly conducting business in the said Courts, but still the objection holds that different Judges in different Courts may make different rules. I was first led to this reflection on observing an expression in the 11th. Clause which in the Bill you sent me I have noted & which I have sent you back with the Clauses numbered that you may the more readily recur to them It is intended by this Clause as it would seem that no person should be sued out of his own District and yet it goes further and says, “Or in which he shall be found at the time of serving the Writ.” Now this is either uninteligible or must have the construction I have given it in my Note, which points out the necessity of establishing regular Modes of proceedings in every Court. I observe further that no time is fixed for the Continuance of the several Courts and this seems to me to be necessary as the Causes ought to be set to particular days of the Court that Suitors may know how to summon their Witnesses to the respective days on which their Suits are set for trial. I refer you to my note on the 18th. Clause respecting new trials. The time I think is too long. See also my Note on the 25th. Clause respecting the mode of ascertaining damages on breach of Contract—I would never have the Court to encroach on the province of the Jury and the assessing damages is certainly their province. Thus Sir I think I have taken Notice of every thing that has occurred to me on reading the bill which. Perhaps upon comparing the Laws of the several States respecting the practice of the Courts a judicious System of Rules may be selected and I really think Rules are necessary and ought to be in the Law establishing each Court. I observe the slip of the newspaper sent me and know the design, but still I think a Bill of rights not necessary here tho in france absolutely so and was proper for the Duke of Orleans1 to recommend it In France the King claims all power here the States claim & have all power but what they have given away—However I have no objection to such a bill of Rights [blotted out]
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as has been proposed by Mr. Maddison because We declare that we do not abridge our Rights by the reservation but that we retain all we have not specifically given—I have not been able to consider the amendments proposed to be made to the Constitution but think some of the objections made to it will if they Are adopted be taken away I wish not they should be too minute lest greater inconveniences may arise. *** ALS, Lee Family Papers, ViU. Written from “Lawfield,” Virginia. The omitted text requests Lee’s help in procuring payment for Parker’s son Alexander, for services as surveyor under the late geographer of the United States. 1 Louis-Philippe-Joseph, duc d’Orleans (1747–93), called “Egalité,” was the leading noble deputy of the French National Assembly, 1789–91, and a popular defender of civil liberties.
Paine Wingate to Jeremy Belknap I duely received and with great satisfaction read your favour of the 29th. of May, as well as the discourse with which you was so kind as to accompany it. Had I so long neglected acknowledging a simular mark of friendship and kindness from some, I might justly have expected that the omission would have been viewed as faulty; but I am perswaded that your candour, and I trust your perswasion belief of my sincere affection for you, will induce you to accept of my apology. Altho’ if you should judge from what has as yet publickly been appeared to be done by congress, you might be ready to think that I have time enough for private correspondence; yet I have not always found it so. When the hours of Congress are over, I have am often in company either at home or abroad, or have some business indispensable to attend to; or need some relaxation & amusement; whereby I am illy disposed to write. Besides I recollect your observation, that the doings of Congress which are published, you have come to your knowledge in another channel, & therefore wish only for any private anecdotes that might be worth relating. These I conceive do not occur often. There has as yet been as good harmony between the two houses, as well as between the respective members of each house as could be expected. Whilst the Impost bill was under consideration there was sometimes suggested a jealousy respecting the different interests of the Northern & Southern states. But they were kept out of sight as much as possible, & every suggestion of the kind disapproved of by the prudent & moderate [lined out] I believe the rate of duties as finally agreed on is as impartial as could be expected & that no great complaints will arise from any quarter. The check of the Senate has been in favour of the Eastern states. In the debates respecting titles the house of Representatives
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were generally in opinion against giving any, the majority of the Senate were of opinion that they were justifiable by the Constitution & convenient; but were not disposed to be obstinate in the dispute. There is another question which I think will be likely to produce a dispute between the two houses, that is, who shall remove from office (if there is occasion) those who hold their places during pleasure. The Representatives have disputed that point warmly among themselves & a majority are for vesting it solely in the President. I do not know how the Senate will determine on the question, but expect they will think the advice of the Senate proper for removal as well as appointment. If this should be the case I think the adherence on both sides will be obstinate. I know that it is natural for the two branches of the Legislature to be jealous of each other, & tenacious of their own rights; and the Senate by reason of their long duration in office, may in some future time be disposed to extend their powers as far as possible & encroach upon the Executive as well as other part of the legislative power, but at present I am perswaded there is no such disposition. And I believe that the people in general will often derive considerable advantages from the check of the Senate, over so numerous a branch of government, as the other house will consist of— Their decisions will some times be in danger of being tumultuous & may be the sudden effects of heat & party. The Senate being a smaler & older body of men, & being appointed equally from the small & large states will be more likely to be deliberate & impartial. This you may say is owing to my partiality. It may be so. I will say no more about it. The theoligical part of your letter is very agreeable to my sentiments & very pleasing to me, but I can add nothing upon that subject which will be new to you. I thank you for your Sermon1 which I have read with attention & pleasure, as I shall every communication from you. *** I hope to have the pleasure of seeing you all well in Boston by the beginning of Sepr. ALS, Belknap Papers, MHi. 1 Perhaps Belknap’s sermon at the installation of Jedidiah Morse as the Congregational minister of Charlestown, Massachusetts, delivered on 30 April and published in Boston (Evans 21673).
Other Documents
Charles Carroll to Messrs. Wallace, Johnson, and Muir. FC:lbk, Arents Tobacco Collection, NN. Addressed to London. Hopes his daughter Kitty, who sailed for London on 20 May, arrived safely; her maid, “a very valuable and trusted Servant,” should be shipped back to Baltimore after Kitty leaves for Liège; expects “we Shall Adjourn Some time in Septr. to meet here again in Decr.”
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Royal Flint to Enos Hitchcock. ALS, Hitchcock Papers, RHi. Relates to Hitchcock’s lodging while in New York City: “There is a good house where Mr. Baldwin lodges; he & Mr. Elsworth are the only lodgers, and the family is a small decent one. The position is central.” Ebenezer Fowle to George Thatcher. ALS, Thatcher Papers, MSaE. Written from Springfield, Massachusetts. Office seeking: solicits Thatcher’s support of “your old classmate Fowle” for any suitable federal or military office; his enlistment expires soon. Elizabeth Gaudin to George Washington. ALS, Item 78, 10:575, PCC, DNA. Written from Boston. For the full text, see PGW 3:120–21. Pleads for charity or compensation for her deceased husband’s wartime services; mentions Leonard as reference. Elbridge Gerry to Samuel Hodgdon. ALS on deposit (2000), PPL. Gerry’s Irish serving boy has run away; hopes Hodgdon can find him in Philadelphia. Elbridge Gerry to James Sullivan. No copy known; endorsement on Sullivan to Gerry, [25 July?]. James Nicholson to George Washington. ALS, Miscellaneous Letters, RG 59, DNA. For the full text, see PGW 3:129–30. Office seeking: naval officer or surveyor for New York City; encloses letters of support from Seney (22 June), Contee (7 July), and Cadwallader, Gale, Smith (Md.), and D. Carroll (2 July); mentions as additional references Izard, R. H. Lee, Grayson, C. Carroll, Henry, Read, Bassett, Morris, and Benson. Frederick Phile to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Philadelphia. Office seeking: for naval officer of Philadelphia.
Tuesday, 7 July 1789 Abraham Baldwin to Joel Barlow Yours of April 9th with the enclosures to wifey [Ruth Barlow], [William] Constable & [William] Duer, I have just received. Bunyan by whom I send this sails so soon, the girl will scarcely have time to give you an answer. I
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enclose a letter which she sent me before your letter arrived. I intended to have made her a visit before this time, but have not been able to get out of this town for these eight months, every body from there tells me she is very well, and I believe is as contented as wives commonly are without their husbands. Since we heard you were not in your way in the spring ships, I have written you twice, but I find your public papers have all our news. I will prevail on Bunyan to take a bundle of news papers, I shoud sent them more frequently but feared they might get saddled with a postage. I am now on one of Gerry’s Chronicles, with these noisy politicians chattering round my ears, whether Choptank, Passamaquoddi, and Pocataliop shall be ports of entry. I stop to talk with you, rather than talk indian with them. We progress very slowly. An act prescribing oaths also one establishing the rates of impost, are passed in manner and form; the tonnage act is nearly closed. The senate has almost finished the judiciary act, which I expect they will send down for us to work at this week. I hope we shall by that time be ready to send them the act for the collection of the impost. We have also sent them the several acts for establishing the executive departments. The President is so well as to ride out again every day as usual. Jaff [Wadsworth] is gone to Connett. for a fortnight. Hamilton gave us a very good eulogium on Genl. [Nathanael] Green, for our independence dish on saturday. If I think of any thing else to tell you, I will talk more when we have adjourned. AL, Baldwin Family Collection, CtY. Received at Paris on 25 August.
Comte de Moustier to Comte de Montmorin The creation of a revenue, founded on Customs Duties will produce three different bills, *** The second sets tonnage duties. The House of Representatives has established a distinction between the vessels of allied nations and those of foreign nations not allied with the United States. The Senate rejected this distinction on three separate occasions and even after a conference of Members of both Houses. If those of the House of Representatives had held to its position with firmness or stubbornness in its opinion as the Senate, there would not be any tonnage bill and consequently the federal treasury would have one less branch of revenue. The House thus yielded out of wisdom rather than conviction. However the party opposed to a distinction in favor of allies or more clearly stated the party that favors the English for local reasons rather than the public interest, was quite considerable even among the Representatives. It seems to me that Mr. Jefferson solicited and obtained privileges similar to these kind of rights for the vessels of his nation in France. Among
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other arguments which I always heard him use to convince us that it is in our interest to grant large favors and make many advances to the United Americans, he always affirms that this is a means of exciting the gratitude of the United States which would certainly give proofs of this once the Federal Government would have acquired the power to show these. This time has come and the decision of the Senate which in essence would decide on all matters of interest to Foreign Powers is not a sign of the soundness of the hope which Mr. Jefferson conceived and gave. The Federal Government having come of age and freed from the tutelage of the state legislatures is not showing much interest in holding to all that it promised during the period of its minority during which it was able only to ask without the power to give. I do not know how suitable it can be to the interests of our nation that the United Americans enjoy reduced tonnage duties in the Kingdom in preference to other nations without according the reciprocity that is the basis of our commercial treaty with the United States. If this privilege is nothing but an effect of the King’s pure generosity, it seems to me that the well-considered decision supported by the Senate in this matter could be a reason to revoke such a poorly recognized favor. At least, Sir, You could make remonstrances to Mr. Jefferson or charge me to make some here to the President on this subject in order to give Congress the chance to prevent a measure that would be unfavorable to the United Americans, but necessary and which would be announced to them as a certainty if the Congress should not decide to follow the spirit of reciprocity that justice, interest and sensibility should equally inspire. The fine pretext of the state of infancy where the Government claims to be while pressed to take action is no longer in season. Here it is, free, acting without obstacle it no longer has anything credible to claim in refusing to grant rules and laws convenient to the interests of the nations, from whom the United Americans hope, expect and would like almost to demand favors. It does not seem that the good offices of France towards the United States have produced, up to now, effects more advantageous for France than the malevolent conduct of England towards the United States has produced any effects contrary to the success of the English. *** DHFFC translation of a Copy in Correspondance Politique, Etats-unis, 34:229–32, Fr. The omitted text concerns the seizure of an American merchant ship by the English, AngloAmerican border issues, and more about British versus French trade.
Pamela Sedgwick to Theodore Sedgwick While something wispers in my Ear that Vanety only can dictate an apolligy for my Long Silence—Yet my affection Gets the better in the Contest
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and bids me tell you—that my Seeming In[at]tention to you has been ocasioned by Mr. Peepoons [Silas Pepoon] Propoesing for this 10 days past to set out for N. York in a very few days. he has from Time to time disopointed us and is now so unwell that it is altogether Uncertain when he will go—I have with pleasure receivd four Letters of yours—and you will be Pleasd my Best love To remember that evry Letter of yours is a Cordial to me—how very Grateful is evry Instance of affection from the Person we highly esteem and Tenderly Love. You say nothing of our President in your three last letters so we conclude his health is Perfectly restored—we have Suffered some anxiety on his account—as a report was for Some days very Riff here that he was dead—That event I earnestly Pray may be far very far distant—I am regoict that you have so well got the use of your Rist—The weather has been uncommonly Warm here for this 15 days past—I often think what you may Suffer in N. York from the Heat—but If you are in a Situation to receive The Sea Breezes regurlarly I think you maybe very comfortable—You dont Tell me my dear wheather you have Taken Lodging and [lined out] wheather theay are such as pleas you. I thank you for calling on Mrs. [Sarah Wentworth?] Morton—I wish she might accompany you home and if my Beloved Friend Mrs. Jackson should be in N. York at that time and could be prevaild. upon to make one of the Party—It would be very verry Pleasing The more so as I am affraid I shall not be able to comply with your kind invitation to attend you in N.Y.— which If convenient would be pleasing Pleasing to me. It is reported that Congress will have a Recess in August—I wish It may be so as I Think N. York more unhealthy at that Season Than any other. Thuesday. Eve. 10 oClock I have just been regailing my self with a little Turn in the Back part of our House—the Sky Clear The full Moon rissen uppon us in soft Majesty—all silent around me—nothing could require then have aded to the Pleasures of Sensations but the Company of my Beloved That I might have leand. uppon his Bossom—and Softly Stroked his Cheeck—The same moon will shine uppon you—may you enjoy It I am sure you doe—Good night to you my dearest, soft may your Slumbers be and all your dreams of me. *** ALS, Sedgwick Family Papers, MHi. Written from Stockbridge, Massachusetts. The salutation reads, “My Dearest Love.” The remainder of the letter was written on 9 July and is printed under that date.
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Roger Sherman to Henry Gibbs I received your last Letter 6th. June—I had just before wrote one to you enc[l]osing 2 papers with Observations on the new Constitution, & the alterations that have been proposed as amendments. for your perusal &c.1 The Impost Law is now compleated, to be in force from the first day of August next, the House of Representatives after a conference concurred in lowering the duties on distilled Spirits—& increasing them on Some other Articles—I suppose you will have it in the News papers Soon—I have not copy of it, or I would have Sent You one—the Bill Collecting the duties has not yet passed it is under consideration of the House & I hope will be compleated in a few days—My Second Son (William) died on the 26th. day of last month after a Short Illness, occasioned as was Supposed by taking a Sudden cold—Mrs. Sherman has been unwell but is now in better health—Several Bills for establishing Executive departments have passed the House of Representatives, and a Bill for Establishing & regulating Courts of Law is under consideration of the Senate. I understand they have ordered it to be engrossed for a third reading. I am in hopes that by September Congress may have a recess. I wish to know your thoughts on the Subject of attempting to Amend the Constitution. ALS, Sherman Collection, CtY. 1
For Sherman’s “Citizen of New Haven” essay, see 20 and 24 March, volume 15.
William Smith (Md.) to Otho H. Williams The President is so far recovered as to be Able to ride out in his carriage, but he is not able to Sit, being fundamentaly unsound. I paid him a visit, on Saturday evening & was very happy to find him so well recovered, his countenance & eyes are clear & look well, but he is thin & much reduced. I have not heard any mention of the contract for victualling the troops in the Western Country, nor will there probably be any propositions on that head, before the great departments are filled. Those bills for the three grand departments have passed our house & are now with the senate. The impost & tonnage bills are enacted into laws, to take effect the 1st. of August next—the collection bill is Still before the house & taken to pieces a Second time; I fear it will be some time before it is finished. The senate have gone through the Judiciary Bill in a committee of their whole house, & I understand have made Some alterations from the printed coppy. this day they take
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it up again & will pass on it before they take up the treasury bill; we will then know their sentiments on the Presidents power of removal from office. I apprehend they will not easily give up what I know some of them think is their right. others in that body are of opinion with the majority in our house on that head. I do not apprehend any appointments to office will be made before the bill for collection is finally passed into a law, because that bill will designate the officers which are to do the business—I mean the revenue business, the other great officers may probably be sooner appointed, Colo. Hamilton is Spoke of here to fill the Secretarys office to the treasury. He delivered a very elegant Panegyrick on Saturday last by order of the Cincinati, to the memory of Genl. [Nathanael] Greene in which he took occasion to compliment very highly some of the officers who were engaged in the Southern war Particularly [Lt. Col. John Eager] Howard, & Colo. [William] Washington, but as his Eulogium did not extend to all who were active there, tis said he has offended many. I expect the Oration will be printed, if so I will Send it to Baltimore. I thought the composition elegant, & a good Narative of Genl. Greens conduct throug[h]out the war but especially to the Southward, was pretty well delivered to a very crouded audience, although Hamilton is by no means a good Speaker or orator. What his talents may be as a financer I know not. I begin to have some expectations that Congress will adjourn by the last of August; that Seems at least to be the wish of many members, amongst which I am one. P. S. I am Still afflicted with Sore Eyes. ALS, Williams Papers, MdHi. Addressed to Baltimore.
Thomas B. Wait to George Thatcher The Post has just arrived; but he has brought no Letter from my dear friend—What is the reason? I ask, but I cannot answer the question—And when, by a line from you, I shall be enabled to answer it, is to me altogether uncertain. Will Mr. [ James] Lunt, our Collector, has a few days since told me that “he had heard, that you resented his voting for Sen Josiah, and would therefore make interest against him. If that should be the case” continued he, “I shall think myself unfortunate; but never can think myself to blame—I was acquainted with Jos. Thatcher—tho’t him a capable and knew him [to] be an honest man; but with Geo. T. I was totally unacquainted—he might, or
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he might not be a suitable person—to me the character of the latter was doubtful, while that of the former was certain—I therefore acted then, as I hope I ever shall, from principles of duty. And now,” concluded he, “I am willing to abide by the consequences—but if Mr. Geo. T— is that good man his friends represent him to be, I have nothing to fear.” He is that good man, I replied—and I know you have nothing to fear. More was said, but I have not time to write more. I am informed that Mr. [Samuel] Winslow is making interest for the Comptroller’s Office, or if there should be no Comptroller, for the Surveyor’s and I am inclined to think he may be a suitable person—he is a man of [lined out] education and a man of ability; and I have seen nothing in his conduct since his residence in this place but what would well comport with either of the appointments in question. George Thatcher, Member of Congress, Newyork. Tell me, my friend, whether, on the manly principles of republicanism, by which the your House was lately governed actuated, there is not a propriety in the above address? and if so—whether it will not be agreeable to you to see it on the outside of your letters in future? ALS, Wait Papers, MHi. Written from Portland, Maine, and signed “Your’s forever.” Below the address Wait wrote, “Well, how does it look? sans Honl. sans Esquire?”
Other Documents
Thaddeus Burr to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Fairfield, Connecticut. Office seeking: Samuel Smedley for collector of Fairfield. Charles Carroll to Joshua Johnson. FC:lbk, Arents Tobacco Collection, NN. Details and probable expenses of Carroll’s daughter Kitty’s sojourn with the Johnsons in London and Liège. Benjamin Contee to James Nicholson. ALS, Miscellaneous Letters, RG 59, DNA. Office seeking: supports Nicholson’s application for federal office. William Judd to Oliver Ellsworth. ALS, Ellsworth Papers, DLC. Written from Farmington, Connecticut. Office seeking: Elizer Andrews for clerk or any other public office.
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John Kilty to Joshua Seney. ALS, Washington Papers, DLC. Written from Annapolis, Maryland. Office seeking: Henry Carberry for a military commission.
Wednesday, 8 July 1789 Hot (Johnson)
Fisher Ames to George R. Minot We are going on a slow trot, on our journey to the completion of the revenue system. The collection bill is advancing, and as the first of August is the term for the impost to commence, we have agreed to meet at ten in the morning.1 But though we have so many spurs to expedition, and we seem to feel some of them, yet our progress is very tedious. The bill [HR-6] was at first very imperfect. We labored upon it for some time, settled some principles, and referred it to a large and very good committee. They met, agreed upon principles, and the clerk drew the bill which they reported. We consider it in committee of the whole, and we indulge a very minute criticism upon its style. We correct spelling, or erase may and insert shall, and quiddle in a manner which provokes me. A select committee would soon correct little improprieties. Our great committee is too unwieldy for this operation. A great, clumsy machine is applied to the slightest and most delicate operations—the hoof of an elephant to the strokes of mezzotinto. I dislike the committee of the whole more than ever. We could not be so long doing so little, by any other expedient. In spite of it, however, I begin to flatter myself with the hope of an adjournment towards the end of August, which Heaven grant. I shall take my friend by the hand with new satisfaction. I have expressed myself so peevishly in regard to the committee of the whole, that common justice will demand a further account of the House. There is the most punctual attendance of the members at the hour of meeting. Three or four have had leave of absence, but every other member actually attends daily, till the hour of adjourning. There is less party spirit, less of the acrimony of pride when disappointed of success, less personality, less intrigue, cabal, management, or cunning than I ever saw in a public assembly. The question of the President’s power of removal seemed to kindle some sparks of faction, but they went out for want of tinder. Measures are so far from being the product of caucusing and cabal, that they are not sufficiently preconcerted. Mr. Brown’s [Benson’s] amendment was such, and it had some effect to divide those whom zeal for the right interpretation of the
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Constitution had united into a corps. It was a good amendment.2 Some voted against it from the vexation they felt in having the ground changed. I am in the House, and, finding this short piece of paper before me, I begun to write, almost by instinct, to you. When I can get another piece, I will write more. I attend at the same time to the debates, which are not of a nature to require a very strict attention. *** Ames 1:61–62. The remainder of the letter was written on 9 July and is printed under that date. The House had been convening at 11 a.m. On June 22 Benson made a motion to insert a mention of the President’s power of removal into the Foreign Affairs Bill [HR-8]; see DHFFC 4:695n. 1 2
Thomas Hartley to Tench Coxe *** I have procured a Set of Neckar on Finance 3 vols. and I will let you have them—and forward them by Mr. [William] McPherson or some safe Hand— tho’ I had made an early application for a Set myself—the Book is very scarce. The Secretary of the Treasury ought as you say to be a great Man—I wish such a one may be found & fitted in every respect for that important Trust and Office. I suppose it will be a New-Yorker and indeed I should not be much be surprized if most of the high offices were filled from the same Nursery. We made some Progress in the Collection Bill—but it has taken us longer than we immagined to report it to the House. ALS, Coxe Papers, PHi. Addressed to Philadelphia. The omitted text offers advice on a banking transaction.
Samuel Johnston to James Madison I had the pleasure of receiving your Letters of the 21st and 22d. of June by the last post and feel very sensibly the Obligation you have conferred on me, by the trouble you have taken in this Business, at a Season when you were too much engaged to have any time to spare without inconvenience. Every one is very much pleased with the Presidents answer to our Address. I have agreeably to your Wishes published them and send you a Copy that you may if you think proper have them inserted in some of the New York papers.1 I shall be very glad if they [Amendments] should have such ef-
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fect as you suppose, tho I should be sorry to see any material Alterations take place in the Constitution, yet the addition of a little Flourish & Dressing without injuring the substantial part or adding much to its intrinsic value, such as a Pompous Declaration of Rights, may have a happy effect in complimenting the Judgment of those who have themselves up in Opposition to it and afford a Salvo to some well disposed men, who were unwarily drawn into these measures, for changing an Opinion which they had too hastily adopted. I can easily conceive that you will at first meet with a great many perplexities in your progress of carrying the Constitution into effect, but these will gradually lessen as you proceed, and Precedents once formed on solid Principles will Prevent difficulties from recurring on the same points. People in general appear to be very well pleased with the proceedings of Congress and in nothing more than that accomodating Spirit by which the members seem to be actuated. Some of your People from Norfolk & Portsmouth who either have Distilleries or an Intention to erect them, [lined out] were here the other day clamoring very loudly against the impost on Molasses, but as the Views of the People here did not correspond with theirs, it had very little effect, indeed I should be sorry if the Duty on that Article should be lessened. Since our Imports from the West Indies have been reduced within so narrow a Compass, it has become an Article of much more general Consumption in most of the States than it formerly was and will be productive of a considerable Sum to the Revenue. ALS, Madison Papers, DLC. Written from Edenton, North Carolina. 1 The governor and council of North Carolina sent an address to Washington on 10 May, to which he replied on 19 June; both were printed in the [Edenton] State Gazette of North Carolina of 9 July, and, apparently through Madison’s agency, in the NYDA of 22 July. Both the address and the reply are printed in PGW 3:47–49.
Governor Thomas Mifflin to [John Langdon] Those who were with the American Army in the years 1786 & 1787 [1776 & 1777] will recollect with Gratitude the Services of Mr. Joshua Mercereau1 of Staten Island and must be greatly mortified in knowing that those Services have principally contributed to his Reduction from Affluence to the Necessity of applying for Employment under the New Government. That indeed is his Case. Some of Mr. Mercereau’s Friends particularly Col. [Clement] Biddle & myself have thought it highly proper to address the President of the United States in his Favor and to entreat the Presidents favorable Recollection of Mr. Mercereau’s Conduct during the War with which the President is well
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acquainted. The Propriety of endeavouring to establish an Interest in Senate for Mr. Mercereau has been suggested by the Report that all Nominations for Office will undergo a Ballot in your Body. I therefore take the Liberty of earnestly beging your Support of any Nomination which may take place be made by the President of Mr. Mercereau, believing that his Success will be of public Utility as it must be an Instance of public Gratitude. Photocopy of ALS, Remember When Auctions, Inc. Catalog 44(1998):item 172. Written from Philadelphia. Langdon is identified as the recipient because the letter was sold in this auction of Langdon letters. 1 Beginning during the battles for New York City in 1776 and throughout much of his tenure as deputy commissary of prisoners for the eastern department, Mersereau operated as a secret agent for the Continental Army. The allusion may be to his wartime service either as spy or commissary (PGW: Revolution 7:141n).
Other Documents
Elias Boudinot to William Bradford. No copy known; acknowledged in Bradford to Boudinot, 12 July. John Davidson to Joshua Seney. ALS, Washington Papers, DLC. Written from Annapolis, Maryland. Office seeking: solicits Seney’s support for Henry Carberry’s application for federal office or a military commission. Rinaldo Johnson to Benjamin Contee. ALS, Washington Papers, DLC. Written from Aquasco, Maryland. Office seeking: solicits Contee’s influence on behalf of the bearer, Henry Carberry, who is visiting New York to apply for a federal military or civil office; excuses Carberry’s role in Philadelphia Mutiny of 1783. James Madison to John Walker. No copy known; acknowledged in Walker to Madison, 2 August. William Moultrie to Pierce Butler. ALS, Butler Papers, PHi. Written from Charleston, South Carolina; carried by Capt. Elliott. Office seeking: Isaac Motte for controller or naval officer. Theophilus Parsons to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Newburyport, Massachusetts. Office seeking: opposes reappointment of Jonathan Titcomb and Stephen Cross as Newburyport’s naval officer and collector, respectively.
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George Thatcher to Thomas Thatcher. No copy known; mentioned in Thomas to George Thatcher, 10 August. Thomas Thatcher to George Thatcher. ALS, Thatcher Family Papers, MHi. Written from Barnstable, Massachusetts. Office seeking: solicits his brother’s support for an application for a revenue office; has not written Partridge as he has no acquaintance with him. From New York. [Boston] Massachusetts Centinel, 15 July; reprinted at Portland, Maine. “The House still busily engaged in the Bill for collection of the Revenue—and no debate of any consequence takes place. The Bill is long, and must be finished immediately. It will, however, employ the House all this week. In it the States are divided in districts—say 18 in Massachusetts—at each of which there is to be a Collector, Naval-Officer, and Surveyor. The Pilot and Light-House Bill is also under consideration.”
Thursday, 9 July 1789 Hot ( Johnson)
John Adams to John Quincy Adams *** I Shall be very happy, my Son, to See you here, whenever the Journey may be most convenient to you and to Mr. [Theophilus] Parsons: but I Should wish you to be here when the House is Sitting, that you may hear the Debates, and know the Members. *** I am of Mr. Parsons’s opinion that Six Judges are not enough. his objection to joining the district Judge to the other two in the Circuits, has been obviated, by excluding him from a Voice in any Cause, which he may have adjudged before. Your Letter my Son is full of matter, and has given me great pleasure. I wish you to write me, once a Week. I am at a loss to guess, how you came by the Anecdote, that I turned the Vote for 3 Cents on Molosses. one Penny a gallon, would go so far towards paying my Salary that I think the Molosses Eaters ought not to be So Stingy as they are to me. but neither Molosses, nor fish nor millions upon millions of Acres of Land, will ever be of any Service to you, or even make me comfortable. I must be pinched and Streightened till I die, and you must have to toil and drudge as I have done. do it, my dear son with out murmuring. This is entre nous. Independence, my Boy and
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freedom from humiliating Obligations, are greater Soursesces of happiness, than Riches. My office requires, rather Severe duty, and it is a kind of Duty, which if I do not flatter my self too much, is not quite adapted to my Character. I mean it is too inactive, and mechanical. The Chancellor sometimes wishes to leave the Woolsack, and engage in debate.1 but as it cannot be done, I am content, tho it sometimes happens that I am much enclined to think I could throw a little light upon a subject—if my health and Patience should hold out my four years, I can retire and make Way for some of you younger folks, for one Vacancy makes many Promotions. If you have turned Quaker, with our H. of Reps., as from the outside of your Letter one would Suspect, I think you ought to have Thee’d and Thou’d your Correspondent in the Inside. if not, you ought to have given him the Title of Goodman, or Something, according to the Doctrine in Shenestones School Mistress.2 *** P. S. There was a public Character among the Romans, who was called Prince of the Senate, Princeps Senatus,3 I believe. as you may have leisure I wish you would look in Livy, Tacitus4 Cicero and all the rest, and write me what you find concerning him. ALS, Adams Family Manuscript Trust, MHi. Written from “Richmond Hill,” outside New York City. 1 The Lord Chancellor could not speak on the floor while presiding over Great Britain’s House of Lords as the king’s silent representative. 2 The text omitted here is an excerpt of The Schoolmistress, printed within Adams’s letter to Benjamin Rush on 5 July, above. 3 The first member of the Senate. 4 Titus Livius (59 b.c.–a.d. 17) and Cornelius Tacitus (ca. 55–117) were the two foremost historians of classical Rome’s late Republican and early Empire period.
Fisher Ames to George R. Minot I shall not be able to pursue my scribbling much further. The mail is just closing. You may judge of the character of the House by knowing the classes, into which they may be divided. Three sorts of people are often troublesome. The anti-federals, who alone are weak, and some of them well disposed. The dupes of local prejudices, who fear eastern influence, monopolies, and navigation acts. And lastly, the violent republicans, as they think fit to style themselves, who are new lights in politics; who would not make the law, but the people, king; who would
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have a government all checks; who are more solicitous to establish, or rather to expatiate upon, some high-sounding principle of republicanism, than to protect property, cement the union, and perpetuate liberty. “This new Constitution,” said one Abner Fowler, in 1787, “will destroy our liberties. We shall never have another mob in the world.”1 This is the republicanism of the aristocracy of the southern nabobs. It breaks out daily, tinctures the debates with the hue of compromise, makes bold, manly, energetic measures very difficult. The spectre of Patrick Henry haunts their dreams. They accuse the eastern people with despotic principles, and take no small consequence to themselves as the defenders of liberty. Now, my dear friend, you well know that I represent things rather too strongly. In fact, there is perfect good humor. Allow for my overdoing manner, and you will not be deceived by taking the substance of my account for fact. A little time remains and I proceed. The three classes I have described are strong when united. This does not happen frequently. In all assemblies, the indolent class is numerous, though seldom strong. All these are combined and divided by chance, and seldom move in phalanx. It is pleasant to notice that the division is seldom by States. A large body is capable of a strong impulse, thinks less, and is more guided by its feelings, than a smaller. No body can think much, but our body thinks enough, or is in such a position as to be little susceptible of those strong impulses which carry most popular assemblies a great way, without stopping, in a right or wrong direction, as chance or party may happen to direct. We are more likely to hesitate, to temporize, to forbear doing what is right, or to do less than is right, than to usurp power, and to run riot. Our body is so small, as to partake of the senatorial caution and phlegm. We are not in a hurry to act upon the case of Rhode Island and Vermont. It is not easy to say what is best, but if we knew, we should not readily act with decision. In addition to the obstacles which any measures, positively good or bad, would have to encounter, this would be retarded by the jealousy of a few, who consider those States as unfriendly to the removal to Philadelphia, and an accession to the eastern interest. Now I must finish. A little of the sourness of party has been produced by the great debate, respecting the President’s power of removal. I cannot, with any prudence or propriety, become a critical reviewer of the characters of the leading men. There seemed to be, on both sides, a most sanguine belief of their creed. The talk was to the public rather than to each other. The public will probably think that the quantity is too great for curiosity, and too intricate and finespun for conviction. They will, as usual, lump the matter, and decide according to their feelings. The House has again disagreed to the amendments to the impost bill, and
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chose a committee of conference. The tonnage bill is in the like state of conference. The favor to nations in treaty, which the Senate are inflexibly opposed to, is the only bone of contention which will delay the passage of the bills. I do not apprehend any more debate, and little delay of either of them. The bill for collecting the duties, which was recommitted, will be reported to-morrow, and I trust will slide along with more celerity than it did at first. The Judiciary is before the Senate, who make progress. Their committee labored upon it with vast perseverance, and have taken as full a view of their subject, as I ever knew a committee take. Mr. Strong, Mr. Ellsworth, and Mr. Paterson, in particular, have their full share of this merit. Now, my dear friend, I have said so much of the bills in detail, you would wish some remarks upon the nature of our transactions, &c., in the general. There is certainly a bad method of doing business. Too little use is made of special committees. Virginia is stiff and touchy against any change of the committee of the whole. The language of the House is not very unlike that of the General Court, and the repugnance to principles, which our government people would support, is equally invincible. They are for watching and checking power; they see evils in embryo; are terrified with possibilities, and are eager to establish rights, and to explain principles, to such a degree, that you would think them enthusiasts and triflers. Yet there is not a deficiency of good sense and political experience; and I verily believe that almost every man, who impedes the movement of the government by these principles, is guided by pure motives. I have never seen an assembly where so little art was used. If they wish to carry a point, it is directly declared, and justified. Its merits and defects are plainly stated, not without sophistry and prejudice, but without management. I thought the manner of opposing the President’s power of removal was artful, two or three days ago, but I now think that the very best method of trying their strength was blundered upon, and finally not perceived to be the best. There is no intrigue, no caucusing, little of clanning together, little asperity in debate, or personal bitterness out of the House. And yet it is very far from being a Roman Senate. I must finish. Ames 1:62–64. This is a continuation of the letter begun on 8 July and printed under that date. It is headed, “Thursday Evening.” The editors believe that the last four paragraphs, beginning “A little of the sourness of party,” are part of an incomplete letter Ames composed to Minot on or just prior to 28 June. 1 Abner Fowler (1737–1806) was a farmer of Southwick, Massachusetts, which he represented in both the state House of Representatives and constitutional convention of 1779 (Massachusetts Legislators).
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Abraham Baldwin to [Joseph Clay] Your favour of the 27th ult. with the rice and tabacco came safe to hand yesterday. I had been under some anxiety how I should be able to equip myself for my return home, as we begin to indulge the hope that we may be able to adjourn in the course of next month. The manner in which I have obtained supplies for myself for this year past has been such, that I did not feel much resolution in attempting to raise money to carry me from this place. the greater part of my supplies for these two years1 has been by discounts and redeeming old notes by new ones, which has exposed me to a high interest and for much of the time monthly. I have not hesitated to give strong assurances that I should receive remittances from the state to extricate myself before I left this place. This I was induced to do by repeated resolutions of the house of assembly in my favour, orders of the executive council, and repeated and most positive assurances from the Governour and the state agent.2 It was not till lately that I was informed that the whole amount of these had been paid to my former colleague [Few], being upwards of 4000 Dlls. which he has actually received at different times, during which time I have not receivd a farthing of any kind of supplies from the state till the remittance which you now make me. I shall be under the necessity of leaving all these matters as they are, not so reputably to the state or myself, and use what I now have in my hands to carry me home. I have a bond against John Talbot Esqr. of Wilkes for 20 Hds. tobacco. I was hopeful he would have been able to have made me some payment upon it out of his last crop, as I had expressly informed him of the distresses of my present situation, and had requested him to send it to your care. We have been at work at double tides for some time past, but business so new and unexplored unavoidably makes slow progress. The impost law is passed, the tonnage act is sent to the President for his approbation. The several bills establishing the treasury and other principal executive departments have passed our house and are sent to the Senate. The bill for the collection of the revenue has been a very heavy piece of work, we shall probably finish it in committee of the whole today, by the time we send it to the senate, they will probably be ready to send us the judiciary bill which originated in that house. We are daily expecting the report of our indian commissioners, and hope it may be made the basis of something being done here to the purpose. We have repeatedly urged upon our senators the necessity of attending to the treaty [negotiations] with Spain, at least so far as to prevent that very alarming evil of harbouring our negroes. for further particulars respecting our politicks, I beg leave to refer you to the papers which I have [blotted out] inclosed to Mr. Johnson.3
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ALS, Gratz Collection, PHi. The identification of the recipient is based on the acknowledgment of Clay’s letter of 27 June. 1 Baldwin had been in the North as a member of the Federal Convention (1787) and Congress (1787–88), and as a commissioner for settling accounts between the federal and state governments (1788–89). 2 Probably Job Sumner, the commissioner for settling Georgia’s accounts with the federal government. 3 James Johnston printed Savannah’s Georgia Gazette from 1788–1802 (Brigham, American Newspapers, p. 1438).
Samuel Griffin to George Washington A List of Candidates for Appointments under the Federal Government, who have requestd. Saml. Griffin to recommend them to the President of the United States— John Marshall Esqr. of Richmond as attorney for the United States, in Virginia— Benjamin Walker Esqr. as advocate for ditto— John Hopkins the present Loan Officer to be Continued— David Lambert, & Alexander McRoberts, both over for the place of Surveyor of the Customs at Richmond, or Rockets landing— Corbin Braxton, as Surveyor of the Ports of West point & Cumberland— Francis Bright as an Officer in the Naval line for the protection of trade James Barron ditto, ditto, James River at present in Commission— Abraham Archer, the present Naval officer at York, to be continued— Wm. Reynolds of York for an Appointment in the Customs— Saml. Eddens, at present Searcher at York—to be continued or provided for— John Campbell of York for an Inferiour Office in the Customs— Jacob Wray the present Naval Officer at Hampton to be continued— David Randolph, & Majr. [ James] Gibbon,1 for the Office at Bermuda Hundred— Capt. [Christopher] Roane the present Searcher as Surveyor do. Gustavus Wallace, for an Office at Fredericks Burg Colo. William Peachey ditto Tappahannock Hudson Muse the present Officer at Urbanna continued Preeson Bowdoin, Genl. Edward Stephens Stevens, and Philemon Gatewood, for Offices in the Customs at Norfolk—Benson Ballard—Colo. William Finnie— Mr. [Gustavus] Scott of Maryland— AN, Washington Papers, DLC. According to PGW 3:153, this document was handed to Washington in a meeting on this date. On 18 February David Jameson had written Madison
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in support of federal appointments for Abraham Archer and Samuel Eddens, respectively state naval officer and searcher at York, Virginia (PJM 11:447–48). 1 Bland sent Washington a letter in support of Gibbon (PGW 1:290n); it is no longer with Washington’s papers. It may have been dated 1 July. See calendar of that date, above.
Robert Morris to Anthony Wayne We go on but slowly in the business of organizing the new Government. There are a great many to speak in the Public Debates and they seem fond of exercising their rights, but for my part I have so often seen good Consequences arise from Public debate and discussions that I am not amongst the number of those who complain of the delay occasioned thereby. . . . Whenever the government turn their attention to the Country you mention, I shall not fail to think of you and if Consistently with my Duty I can render you an Acceptable Service, it will be a great pleasure to me. At the same time I must tell you that I have carefully avoided making promises in respect to Public appointments because I think every Member of the Senate should keep himself free to the Day of Election to Office so that he may then be at liberty to exercise his judgment and vote for those he shall think most deserving, but as the President will only nominate one person at a time to an Office, very much will depend upon his Nominations. Excerpt of ALS, Parke-Bernet Catalog 2280(1964):item 145. The ellipses are in the source.
Samuel Nasson to George Thatcher It is a Good Saying of an Author that I have read that A man Should have Some Sincear Frend or Greate Enemey or boath for by one or the other he will find out his faults. and I think in Some Measure his perfections if he has any for where his Enemies Gives Creadet and his freinds praise he may think he was right A foe may State and by that means open Some impostume that might without Vent prove his reuin however you have had I am Sure So many Instances of my feable afforts to help you that you Cannot Suppect me of Beaing your Enemey and I am Sure if I know my own heart I am your Sincare freind—then Suffer me to tell you in few words what is now Spreading in this Country—you know that I am in freindship with allmost all the Revd. Cleargey Clergey in this County or at least they pertend freindship for me allthough it may be for Nothing more than they can turn it to advantadge that when they travil they may know where to Call for a Dinner or lodging thus much for the Prologue. Now for the Play that is acting they praise your President to me for all his
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Virtues but none more than for his attendance on Publick Worship for this they allmost Adore him and I Joyn with them and Could allmost fill a Volome with his Virtues but why Should I attempt to paint the Sun. I Stop—and again Come to the point I now get my Share of their tongues or at least their Slander (for after Saying how good the Greate Washinton is for his regards to their order and say they this is the most Esenchel Matter without this their Cannot be any Government) it is otherways with your Mr. Thatcher he never goes to Metting more then twice in one year nay he opposed having a Chapliner this you know is horrid for then down Comes their Dagor we Shall loose our influances among the lower Clase if the Congress dont fall down and Worship and pay due regards to our Greate merite. I Sopose you have done wrong for I think if their warnt any firster Estate it would be Best to maintain good order among Mankind but true regelion I know Consists in loving our Maker Suppreemly and oure Neighbour as our selves this is a Short Discription of a Good man but then say they A publick Confection of relegion Shew to the world our relegion and setts an En Example before the [lined out] low order and then they can depend upon us becuse our princeples are right. If you dont reform and the hone. Decons Can learn to Screw up his teeth as he Can his mouth I Shall fear for at another Election—but this only by the by. Do you attend prayers or do you not do you Ever go to Worship or do you Saty at home and Study law or polleticks or what is Worse spend your time in drinking wine I think you have time anough for such Business for I find you dont work Very hard only four hours in twenty four therefore I think you may afford to worship on Sundays. If you donte reform it will be against you for they Say that you Slight or pertend to Slight all revealed religion it is only Pertenece I hope for a Gentelman of learning to Say that he belives nothing of what the Vulgare Call relegion is forever to lay himself in the way of Being lashed by the Revd.— and you know that in these parts they Can down with a man if he is twenty four feet high therefor attend—Prayers and allso Call at the Church on Sundays at least once in four weeks if you mean to live and not die—Pardon my Boldness for I before told you that it was good for a man to have Some open freinds and I will Venture to Say that your freinds have not informed you that Death was in the pot. and I am as allso sure that your Enemey have not informd that by that means they Intend your ruin. I find that Ammendments are once again on the Carpet I hope that the Such may take place as will be for the Best Intrest of the whole a Bill of rights well secuared that we the people may know how far we may Proceade in Every Department then their will be no Dispute Betwen the people and rulers in that may be Secuared the right to keep arms for Common and Extrodenery Occations Such as to Secure ourselves aginst the wild Beast and
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allso to amuse [lined out] us by fowling and for our Defence against a Common Enemey you know to learn the Use of arms is all that can Save us from a Forighn foe that may attempt to Subdue us for if we keep up the Use of arms and become well acquainted with them we Shall allway be able to look them in the face that riase up against us for it is imposable to Support a Standing armey large Enough to Guard our Lenghey Sea Coast and now Square me on the Subject of Standing armeys in a time of Peace they allway was first or last the downfall of all free Governments it was by their help Ceaser made proud Rome Own a Tyrant and a Traytor for a Master. Only think how fatale they ware to the peac of this Countery in 1770 what Confeusion they Brought on on the fatal 5 of March1 I think the remembrance of that Night is anough to make us Carefull how we Interduce them in a free republican Government I therefore hope they will be Dischouraged for I think the man that Enters as a Soldier in a time of peac only for a living is only a fit tool to inslave his fellows for this purpos was A Standing Armey first interduced in the World anoather that I hope will be Established in the bill is tryals by Juryes in all Causes Excepting where the parties agree to be withot without I never wish to be in the power of any Sett of men let them be never so good but hope to be left in the hands of my Countery and if my Enemey means to bribe he must have money anough to Settel it with the County. I have much to Say on this and other Amendments but I have by this time Worn out your Patiance I have run from thing as if I was won talking with therefor Excuse me I hope I Shall not Offend by my planeness if I Should let me only know it by a hint and my tongue and pen Shall be Silent and not I shall take Some other time to inform you of the tittle tatales of the County of York only Ask and you Shall receive. AL, Thatcher Papers, MSaE. Written from Sanford, Maine. 1 The Boston Massacre of 5 March 1770, in which five civilians were killed by British soldiers, led to the temporary withdrawal of the British garrison.
William Pickman to Benjamin Goodhue *** After thanking you most sincerely & Cordially for your Letters I was bound to do with them as you requested—Mr. [Francis or George] Cabot has Found by writing that Mr. Wingate is in my Interest, from this & some other reasons he is left (with many others) to suppose, that you are not the Person who is exerting himself, on my behalf, but that it Arises from some other Quarter so that you will not, be complaind of for prefering the Interest of one above another, however I sincerly wish your perseverance & success—although your Letters have lately come directed to the [Insurance]
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Offices. yet the Fœderal [branch office?], has not seen them owing to A punctilio, whither they shou’d after reading Send them from the old Office, or that they should send for them I beleive we have at last settled that Matter & any Gentleman belonging to either office who chances to be at hand when the mail is open’d takes up the Letter. I think it will be all right without your taking further steps however if any misunderstanding which can possibly affect you shou’d occur, I will Inform you. ALS, Letters to Goodhue, NNS. Written from Salem, Massachusetts. The omitted text includes calculations that the expected federal revenue from the Salem district would not exceed £10,000 annually. A postscript indicates it was not mailed before 11 July.
Pamela Sedgwick to Theodore Sedgwick I would not finish my Letter Before I could know when It probablely [lined out] would Go—but That is yet uncertain—I have lookt over the Hamshire [Hampshire County] Papers expecting To find your thanks there addressd To the Electors of this district with some other Peices respecting The Election or more Particularly respecting M. L. [Mr. Samuel Lyman?].1 If you know how those came to be supprest you will Gratefy me by the Information. *** The Little ones send a Kiss To Pappa. Master Robert is a fine Boy when Good Humourd But [lined out] has been for some time past so p verry Petulant, impatient of contradiction and obstinate. . . That my Heart has almost faild me in the management of him. He extremly wants your attention as doe All the Children. I hope I shall not spoil them past Help before their Pappas return. a Number of small Children are no small Charge my dear uppon a Mother so Illy qualified as I am for so important a Trust—I have this one Consolation that my Intentions are Good—Tho I may fail in the execution of them. Adieu my Best love may the all gratious have you in his Holy Keeping. ALS, Sedgwick Family Papers, MHi. Written from Stockbridge, Massachusetts. The ellipses are in the source. This text, headed “Thursday Morning,” continues a letter begun on 7 July and printed under that date. 1 In his letter to Pamela of 21 July, Sedgwick wrote that he had “suppressed” the address as “out of season.”
Roger Sherman to Simeon Baldwin I enclose this yester day’s paper which contains the Act for laying duties—The Collecting Bill has passed a Committee of the whole except two
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paragraphs—I expect that the Bill will be ordered to be engrossed to morow for a third reading—The Judiciary Bill is undergoing a third reading in the Senate and will probably be Sent to the House of Representatives by the time the Collecting Bill is Sent to to the Senate—There are to be two officers appointed to the Port of New Haven. a Collector & a Surveyor. The Collector besides the Fees of office for entering & Clearing Vessels, granting Permits taking Bonds &ca. will be allowed one per. cent on the duties he Shall Collect—The Surveyor to receive 4 dollars for every foreign Vessel with dutiable goods on board & 3 dollars for Vessels belonging to Citizens of the united States from foreign Ports—& one dollar for other Vessels—as the Bill now Stands. ALS, Sherman Collection, CtY. Addressed to New Haven, Connecticut.
George Thatcher to William Taylor Yours of the 2d inst. has come to hand—And the inclosures, for London, I have put into the mail—The Pacquet will sail on wednesday next. At last Congress has, with much Labour & pains, hammered out an Impost Law—which you will see in the inclosed paper The Law, notwithstanding the time it has taken up, is yet an imperfect sketch—time & experience only can enable Congress to adjust it to the various parts & circumstances of the United States—The Bill, for Collecting the Impost, is now before the house and will pass into a Law in a week or ten days—Also a Tonage Bill has passed the two houses & is now before the President waiting his approbation. The President has been very unwell, but is geting better—he is so well as to walk about & ride out. ALS, Miscellaneous Manuscripts, DLC. Addressed to Baltimore.
William Tudor to John Adams However you & I may have been taught by Civilians, & however History confirms the Maxim, that an Imperium in Imperio1 is a Solecism, this Country will continue to learn from its own limited School, & by the most expensive Experiments, those Truths which Statesmen, Legislators & enlightened Politicians have in vain pointed out to them. Our present Confederacy is not very unlike the Monster of Nebuchad-
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nezzar,2 which was composed of Brass, Clay & Iron—It is neither completely national, federal nor sovereign, for each State has reserved some seperate & independent Powers. Was it composed of the four Eastern States only: Or did it embrace the Inhabitants from the Hudson to the Potomack; or did the Limits of Virginia & Georgia confine its Operations, the Inhabitants might soon agree in consolidated national Principles. But a Country, extensive as the present united States, so differently settled, & so widely dissimilar in Manners & Ideas cannot easily be reduced to a homogeneous Body. Nature & Circumstances have marked the dividing Lines of the three Kingdoms that fifty years hence will Occupy & part the present immense Territory, which the glorious Peace of Paris,3 gave to the united States. Twenty Years ago New England contained but one Set of People, the Middle Colonies two, & the Southern Provinces three. It may be different now. Common Dangers & Common Sufferings have had Effects in bringing Us nearer together, but it is a Monarchy alone, limited & republican if they please, that can make Us great or contented. While each State exercises the Powers of making distinct & particular Laws, independent in numerous Instances of the general Government. although perhaps they may not amount to a direct Contravention of the Statutes of Congress, they will operate in perpetuating local & different Principles of Action, in the distant Parts of the Empire. I most heartily wish my Countrymen Freedom & an honest Independence, because Myself & Children are to participate in it, but I also wish an energetic, stable & magnanimous Government, that shall protect Us at home, and make our Country respectable abroad. Mr. Ames & Mr. [George R.] Minot are two excellent young Men, & very capable of serving their Country, in different Walks. *** ALS, Adams Family Manuscript Trust, MHi. Written from Boston. Part of the omitted text relates to a federal office for Tudor. A state within a state. Daniel 2:31–33. 3 The Treaty of Paris (1783) ended the Revolutionary War and set the boundaries of the United States at British Canada to the north, Spanish Florida to the south, and the Mississippi River to the west. 1 2
Other Documents
John Noble Cumming to George Washington. ALS, Washington Papers, DLC. Written from Newark, New Jersey. For the full text, see PGW 3:153–54. Office seeking: marshal for New Jersey; mentions Representatives and Senators of New Jersey as references.
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Tristram Dalton and Caleb Strong to Governor John Hancock. ALS, Miscellaneous Legislative Papers, M-Ar. For the full text, see DHFFE 1:742. The Massachusetts delegation has presented the state legislature’s address of 25 June to the President; they are enclosing his reply to Hancock because the legislature is not in session. Thomas Dwight to Theodore Sedgwick. ALS, Sedgwick Family Papers, MHi. Written from Springfield, Massachusetts. For the full text, see DHFFE 1:742. “The assumption of our State debt by the United States, would I think be an important acquisition, no other would more assuredly secure the peace of this Commonwealth—the people then would more chearfully comply with Continental collections because they could be more easily satisfied of their application. it would be to one object, the diminution of the only debt which they owed—State excises will only tend to hamper our trade, to interfere with & compound Continental systems & vex the people— but I fear that cursed Penobscot expedition will be an eternal barrier to the adoption of such a measure.” Elbridge Gerry to Mercy Otis Warren. No copy known; acknowledged in Warren to Gerry, 23 November. Nathaniel Gorham to George Thatcher. Excerpt of ALS, Flying Quill (Jan. 1953), p. 2. Written from Genessee, New York. “I find that no Foreigner is to unlade his Vessel in any Port east of Falmouth—will not this be a great damage to Wiscasset.” James Lovell to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. Teasing comments on a title for the Vice President; proposes his brotherin-law, Sturgis Gorham, as collector of Barnstable, Massachusetts, and states that he has already written Partridge on the matter. Robert Morris to George Harrison. ALS, Brinton Coxe Papers, PHi. Addressed to Philadelphia. “I am to receive some Money here on the 14th of this Month. *** It is as you say a Cursed thing to be in want of ready Money. I never knew what it was untill lately. *** I grow very impatient for an adjournment of Congress that I may Return home to the care of my Affairs, but we go on Slowly and I see the session must inevitably be a good deal longer than
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was expected, however as the future Sessions will be short compared with this I think it is best to wait as patiently as I can & see it out.” Robert Morris to Jeremiah Wadsworth. ALS, Perry Collection, Connecticut State Library. Addressed to Hartford, Connecticut. Forward the enclosed letter to the Chevalier de St. Trys, who is somewhere in Connecticut; “It is very hot to day & I hope You are in a Cooler Climate.” John Stevens, Jr. to John Stevens, Sr. ALS, Stevens Family Papers, NjHi. Asks permission to rent a house owned by his father for £100 from 1 August to 5 May 1790, to a lady named Laurens [Loring] who intends to operate it as a boarding house for the Massachusetts delegation. Thomas Thatcher to George Thatcher. ALS, Thatcher Family Papers, MHi. Written from Barnstable, Massachusetts. Office seeking: has reconsidered request of yesterday regarding a federal office; approves of George supporting Joseph Otis or Sturgis Gorham if he and his friends will solicit Otis or Gorham to select Thomas as deputy; expresses concern about George’s health in the warm weather; “We hear a good Character of you—pray don’t let us be disappointed—remember you are set as a watchman for our Israel—the Eyes of milions are on you.” GUS, 11 July. The Massachusetts congressional delegation presented the address of the Massachusetts legislature to the President; “The committee was most graciously received, and the Address answered with sentiment, animation, and politeness.” From New York. [Boston] Massachusetts Centinel, 15 July; reprinted at Exeter, New Hampshire. “The House still on the Collection Bill. The Judiciary Bill comes next, as the Senate have passed it. This Bill will open an extensive field for discussion. With respect to appointments, nothing has transpired from The President. The prime offices, I am told, are appropriated.” [New Haven] Connecticut Journal, 15 July. Wadsworth and Trumbull were elected president and vice president respectively of the Connecticut chapter of the Society of the Cincinnati and delegates to the 1790 national convention.
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Friday, 10 July 1789 Rain (Johnson)
John Adams to Francis Dana I have received the letter you did me the honor to write on the 16th of last month and am much obliged to you for it. The judicial bill is still under consideration of the senate, and altho’ it has undergone many alterations and amendments it is impossible to say what farther changes may be made in the house of representatives. The district Judges may be annihilated altogether, and the number of supreem judges as well as the number of circuits doubled. The Attorney general is now to be appointed by the President, with consent of the Senate, in course we are upon an amendment made a few days ago, if this plan continues, the Attorney Genl. will appoint persons to act for him, or the court will appoint in his appearance in the district courts. *** FC:lbk, Adams Family Manuscript Trust, MHi. The letter is undated, but was acknowledged as being written on this day in Dana to Adams, 31 July. Part of the omitted text discusses possible appointments to the federal judiciary, including Dana, Nathan and William Cushing, John Lowell, Theophilus Parsons, and James Sullivan, “Reserving always however, the chief Justices office for Mr. Jay.” For part of the omitted text, see DHSCUS 1:630.
Elbridge Gerry to James Warren I am favoured with yours of the 17th June & have no doubt that the baleful influence of party does & will for some time extend to cases of justice. when this happens to a country, it is truly unfortunate, & the “post of honor” will then be “the private station.” We will hope however for the best & that our present administrators will guard against such a fatal evil. You are exceedingly mistaken if you suppose we go on smoothly with our revenue system, for whatever may be the theory, it will be found very insufficient for the purposes of Government. yesterday the committee of supplies, of which I was a member reported an estimate for the current year of between 7 & 8 million dollars exclusive of nearly 1 million to be taxed in facilities.1 the revenue of the impost & tonnage to the close of the year cannot far exceed one million & the residue must be provided for or carried in to the estimate of the next year & thus augment it beyond all hopes of discharging it. We must therefore abandon the hopes of supporting our public credit, or lay on burthens which will make the political colts to caper & kick. the latter is apprehended & therefore some are in favour of an adjournment in August: which I think will have the appearance of the other alternative, for the back lands
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will not raise supplies for the year—Mr. Maddison’s motion [ for Amendments to the Constitution] is curious, & Mr. Livermore was very severe on it, for he said he could not see the propriety when the States had made propositions that Mr. M. should select such only as he approved, unless it could be supposed he was superior in wisdom & abilities to them all. I am on very good terms with the persons you allude to [Adams], but have kept a distance in consequence of the pompous ideas with which our new Government commenced, for a person sinks in my esteem in proportion as he rises in his Own on account of federal station. I ask no favour of Government & expect none, & therefore hold myself very independent in sentiment & conduct: this I suppose is criminal in the eyes of sycophants, but the society of such is painful to us both & to displease them is the best mode of a seperation. our AL, Gerry Papers, MHi. The remainder of the letter is missing. The recipient is identified because on 17 June Warren wrote Gerry on the subject indicated and on 23 August he acknowledged a letter from Gerry written on this date. 1 “Facilities” was the word Congress used in lieu of “indents.” The word was possibly adopted for its dictionary sense of “promoting the ease of an operation.”
Elbridge Gerry to John Wendell I am much obliged to you for the kind sentiments expressed in your letter of the 22 of may: being always happy when my conduct public or private meets the approbation of my friends. I never was for rejecting the constitution, but for suspending the ratification untill it could be amended, as may be seen by my letter to the legislature of our state soon after the dissolution of the federal Convention1—indeed as objectionable as the constitution was in my mind I should have preferred an adoption of it, to an hazard of a dissolution of the Union, but, being very apprehensive that the necessary amendments would never be obtained unless previously to a ratification & that good policy directed a suspension, & time must determine whether or not I was mistaken, untill the effects of the efforts of the states for amendments could be ascertained. I shall chearfully submit to any form of government which my fellow citizens may choose, reserving always a right to remove from oppression should it ever prevail in my native country which I pray God may never be the case; but at the same time, I shall always exercise the natural right of withholding my assent to any system which I think dangerous, whilst its adoption is a question of political discussion. Whether the present constitution will preserve the ballance, or change to an aristocracy or monarchy, must depend on the alterations that shall be made in the constitution & on the administration thereof: should there be no amendments I am of opinion it will verge to a monarchy & verging to it that such a form
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of government upon an hereditary establishment will soon be found more safe & advantageous than a system altogether elective & participating of principles both republican & monarchical, but the field widens & obliges me to quit it. the objects of federal legislation are at this time extensive & important: the ground is new & should be well reconnoitred. I expect that there will be many defects in our first laws, but we must depend on experience as well as every other nation to correct them. We have finished the impost & tonnage acts & tomorrow shall engross, I expect, the act for collecting the duties: a large sum has been lost to the revenue by rejecting a temporary provision for collecting it, but being lost it cannot be regained. our estimate of supplies amounts to upwards of eight million of dollars about one million of which may be taxed in facilities & one million more or a million & a quarter may be paid by the impost & tonnage to the close of the year, six million of dollars must then be provided for to answer the demands of this year or carried into the estimate of the next year which will swell it to upwards of nine million dollars. where the money is to come from I know not, but come it must, if We mean to support our public credit. I write this in Congress & am under the necessity of concluding in order to attend the debates. ALS, Gratz Collection, PHi. 1 Gerry’s letter of 18 October 1787, reprinted in more than fifty newspapers over the following three months, outlined his objections to the Constitution; see DHROC 4:94–100.
Thomas Hartley to George Washington Sensible of the Trouble you must have had for some weeks past in the Numerous Applications for Offices—and distressed for your late Indisposition I did not think proper to write to you concerning two Men until this Time. Capt. George Bush of Willmington—formerly an officer in my Regiment—Brother to Majr. Lewis Bush killed at Brandiwine—whom I can recommend as a Man of worth—applies for the Collectorship of Wilmington—He is well-acquainted with Business and Accounts & seems in every respect well qualified for the office. I also beg Leave to mention Mr. Martin Eichelberger of Baltimore as a fit and proper Person for the Office of Surveyor of that Port and tho’ I do not live in Baltimore—yet from my Knowledge of Mr. Eichelberger and the Inhabitants of that Town I am convinced the Appointment would be very acceptable in general. I need not repeat that I should be sorry to give you Trouble—but as I have understood that you wished to be informed as fully as possible of the Char-
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acters and Qualifications of the different Gentlemen who apply for Offices—I have used the Freedom to write the above Lines. ALS, Washington Papers, DLC. The salutation reads, “May it please the President.”
Theodore Sedgwick to Pamela Sedgwick The president has had but one Levee since I came to town owing to an imposthume on this thigh. that was on tuesday of this week when I attended. He did me the honor perticularly to distinguish me, with great cordiality took me by the hand and expressed much satisfaction to see me here.1 He is very peculiarly qualifyed to shine in his exalted station he has a personal dignity I have not seen in any other person man, while the unaffected simplicity of his manners make you one easy in his presence. while a recollection of his meritorious virtues, and the obligations they have laid you one under, excite a pleasing sensation of gratitude difficult to be described. I have but two or three times called on Mrs. [Sarah Wentworth?] Morton since I was in this town. she gives me reason to hope that she will return with me in the fall. Such a visit would give me great satisfaction because I am sure it would give you pleasure. Since I came to this town I have been a very great churl. I now owe more than fifty visits I received on my arrival. This conduct I have calculated to be absolutely necessary to the performance of my duty, as every moment I can spare, I find necessary to my health to devote to exercise. This evening I shall most anxiously expect to hear from you. Pray do not fail to write me the state of your mammas health. I would wish should an opportunity present that the horse I purchased of Edwards should be sold. Adieu! dearest and best of women. ALS, Sedgwick Family Papers, MHi. The letter opens, “My dearest creature.” 1 About 1812 Sedgwick’s daughter Catherine recounted a slightly more detailed version of this event, although she mistook the date: immediately upon recognizing Sedgwick, Washington “stepped out of the drawing-room, gave his hand to my father, and told him he was very glad that he was elected at last” (Mary Dewey, ed., Life and Letters of Catherine M. Sedgwick [New York, 1871], pp. 31–32).
William Smith (Md.) to Otho H. Williams I am now to acknowledge rect. of yours of the 5th & am happy to hear that every body at Baltimore is well. For News youll please to be refered to the inclosed papers, which will give
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you the impost law as finally passed the Tonnage law is also passed but not yet in print, they are to take place the 1st. of August. This day will I expect finish the collection bill in our house, very much changed from the report. Yesterday the fees of office were fixed, coppy of which you have inclosed. The Collectors for the Ports, of Boston, Salem, New York Phila. Baltimore, Norfolk, & Charleston, are to be allowed 1⁄2 % Cent. on all monies paid by them into the treasury, & the Coll[ecto]rs. for all other ports one % Cent. I contended for one % Cent on the whole but this was overulled, Indeed I cannot think any good man will undertake the collection of Money for a half % Cent, & many contended that a Quarter was Suff[icien]t. which was the Sum first proposed. Your friends Laurance & Fitzsimons were very instrumental in this business by stating to the house the amt. of the importations at N.Y. & Phila. & Shewing the great Salaries that would arise thereon together with the fees of office—And Such is the disposition to save the public money that I think good men will be prevented serving, the principle is no doubt right, but may be carried too far. The design of establishing a Naval Officer and a Collector at the same port is, That all Owners & Merchants shall lodge at each office duplicates of all their papers Invoices &ca. Who are to transmit coppys thereof to the treasury office as a check on the collector, who is to receive all monies—on The entrance and clearance of Ships, the same duties are assignd to each of the above mentioned officers & the fees to be equal devided—I conceive that the surveyors office will be as profitable as either of the others—but as it will consist chiefly of out door business will not be so agreeable—I have been told that you had made application to the President, for the appointment to the secretaryship of the Treasury office, if so & you have any expectations from that quarter, you will only be disatisfied with the revenue business, so far as it you conceive it injurious to the public interest. P. S. Colo. Hamiltons Oration,1 not yet in print, it has offended many but pleas’d more. ALS, Williams Papers, MdHi. Addressed to Baltimore. 1 Hamilton’s oration on Gen. Nathanael Greene was delivered to the Society of the Cincinnati at St. Paul’s Church in New York City on 4 July. The President and family and various members of Congress were also in attendance.
Other Documents
John Avery, Jr. to George Thatcher. ALS, Thatcher Papers, MSaE. Regards settlement of accounts of Mrs. (Thomas) Chase; asks Thatcher to forward enclosed letter to Jonathan Burrall.
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James Brown to John Brown. ALS, John Brown Collection, CtY. Written from Danville, Kentucky. Complains that he has not received a line on any subject since they saw each other last; asks for New York newspapers. Samuel Griffin to Edmund Randolph. No copy known; quoted in Randolph to James Madison, 19 July, Madison Papers, DLC. Revenue and judiciary appointees were the subject of a long conversation yesterday with the President, who wanted to know if Randolph or any judicial officers in Virginia were interested, especially Edmund Pendleton, George Wythe, Peter Lyons, and John Blair; asks Randolph to ask Wythe and Blair; has written John Marshall to ask Pendleton and Lyons. Dorsey Pentecost to Thomas Scott. No copy known; mentioned in Pentecost to Washington, 10 July. Dorsey Pentecost to George Washington. ALS, Washington Papers, DLC. Written from Winchester, Virginia. For the full text, see PGW 3:171–74. Office seeking: geographer to the United States; mentions as a reference “my friend” Scott, “who I hope will wait on yr. Excellency on my acct.” David Rittenhouse to James Madison. ALS, Madison Papers, DLC. Written from Philadelphia. For the full text, see PJM 12:285–86. Office seeking: recommends the bearer, William Barton. George W. Smith to James Madison. ALS, Madison Papers, DLC. Written from Tappahannock, Virginia. For the full text, see PJM 12:286–87. Office seeking: clerkship in executive department or revenue office in Virginia. Nathaniel Smith to George Washington. ALS, Washington Papers, DLC. Written from Baltimore. For the full text, see PGW 3:176. Office seeking: gauger of spirituous liquors and molasses for Maryland or surveyor of the port of Baltimore; mentions as reference Smith (Md.), an acquaintance of twenty-five years. Joseph Whipple to John Langdon. No copy known; mentioned in Whipple to Langdon, 12 August.
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Saturday, 11 July 1789 Rain (Johnson)
Fisher Ames to John Lowell Your esteemed favour with remarks upon the Judicial Bill, reached me duly. I immediately made Mr. Strong acquainted with the contents The Bill is still in debate in the Senate I perceive, by your expectation that it had probably come before the house, that the progress is more tardy than the general calculation. Whatever deficiencies there may be in other respects, precipitation is not imputable to either branch of the legislature. The collection bill in the house, and the judicial in the Senate have linger’d in a manner which, before hand, would have seemed impossible. Yet the utmost assiduity of application in this business will make the delay seem more extra ordinary, but will excuse it. We sit five hours daily—There have been few long speeches, a very punctual attendance, great good humour, and a common wish to expedite the bill in due season to be passed for the collection to begin on the first of August—The bill for the collection of the duties is long, and that circumstance, with an overminute attention to forming those provisions which time will point out more clearly than theory can do it at present, have retarded its progress It has passed in Committee—is now passing rapidly in the house, and I begin to hope the Senate will get it in a few days—I trust that General [Benjamin] Lincoln will not be neglected. He possesses qualities which are very valuable in any country. The negligence and corruptibility of public officers produce almost every where great defalcations of revenue. In addition to the merit of that the purest kind, Genl. Lincoln has the talent of conciliating the affections of people, and of rendering the transaction of a business obnoxious in it’s nature more palatable than any other person within my knowledge. The appointment of officers will soon be made and as so much depends upon their fitness I presume the feelings of the friends of the Govt. will be much engaged. I am at a loss for a suitable district Judge. He should be capable of making a good impression upon the public mind, and, by his learning and weight of character, of raising, or at least he should not depress the reputation of the Govt. When sitting in the Circuit Court he should not disgrace his associates—He should not be so very much inferior to the Supreme Judges as to feel want a sense of independency, and in case of vacancy he should be worthy of succeeding to it, as he would be in the way. Now, Sir, I cannot think of a person who will fit this description. I suppose a Judge of the Supreme Court will be taken from our State. I am told that there is very little doubt of it, and there will not be any difficulty in finding a person worthy of it. It seems to be expected that
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the district Judge may continue his practice as a Lawyer. The Salary will be moderate, it is said, for that reason and this will encrease the difficulty of filling the place. The Legislature of New York is sitting at Albany. I am told that a Caucus has been held there, and Mr. [ James] Duane & Mr. Schuyler are agreed to be the Senators. The Election to be by an Act of the Legislature. Mr. King was strongly supported and his election was expected & desired by a large number of very respectable persons. I intended to have observed in the first page that the members of the house seem, (many of them) opposed to the establishment of a federal judicial for most of the purposes mentioned in the Bill. They would give the trial of such almost all causes, the revenue not excepted to the state courts. The inexpediency of this seems unquestionable to my mind. But questions arising under the laws of the Union are purely federal. I have doubts whet[her] they may be transfer’d to the state courts Excuse me the levity of calling it, endorsing authority over to them. If the state courts cannot, quasi1 state courts, exercise the authority, they would become federal Judges by exercising federal jurisdiction & claim seats & salaries as other Judges may. This remark is not the result of so much reflection as to create perfect confidence in it’s propriety. I am afraid that we shall tear the Bill in pieces, and spoil it as a System. I enjoy’d, during a term much shorter than my wishes would have prescribed, the pleasure of Mr. [George] Cabot’s company. I presume that you have seen him & learned every circumstance which I could add. Permit me to request the continuance of your friendship. ALS, Diedrich Collection, MiU-C. Addressed to Boston. The letter has been dated to 11– 14 July, based on the information it reports about the Collection Act. 1
Just as if.
John Carnes to Benjamin Goodhue What the reason that I have not recd. a Line from you for a long while, is to me uncertain, unless you have determin’d to drop the Correspondence, finding me unequal to it, or unfaithful, & negligent. I have wrote you often till lately, and the reason of my not writing lately, is, that I knew not but my Letters, with the Election Sermons1 sent, had miscarried, though left at the Post-Office, and a promise obtained that they shou’d be sent on, as I have recd. no answer. We have seen all the accounts published of the proceedings of Congress, & you have seen all the accounts published of what was done by our General Court. But it has been thought, that the form of the Oath required by Congress, by some, was not an Oath without some addition, and there was a
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lengthy Debate upon it in our House of Representatives. Some thought, & said, (and I was one of them) that Congress doubtless intended that we shou’d in each State administer the Oath in our usual method, and in this State, with the addition of these words, “So help me God”; but others said, that the Declaration in the form without any addition was all that was necessary; which I opposed, with Others; & finally it was administered with the addition of those words, letting all omit them that judg’d it necessary; but the number omitting was small! Our new Sheriff is to be sworn into Office the next Week, and I hope he will give satisfaction; but I shou’d rather have had you in if agreeable to you—not yet that I have a mind that you shou’d quit your important Station, & which you fill with so much honour to yourself, and advantage to your Country. I am sorry that no more was done by the General Court in their last Sessions, to establish public Credit; but a beginning is better then nothing, and in the next Sessions I hope we shall do more. But shall we not be call’d together by order of Congress before January? I think we shall. *** ALS, Letters to Goodhue, NNS. Written from Lynn, Massachusetts. Part of the omitted text discusses state elections. 1 Election sermons were delivered by specially appointed ministers before the state legislatures on the first day of their annual session, and were routinely printed for distribution to the legislators and town ministers. The custom was followed in every New England state (except Rhode Island), beginning with Massachusetts in 1633 (Alice M. Baldwin, The New England Clergy and the American Revolution [New York, 1965], pp. 5–6).
Andrew Craigie to Samuel Rogers *** The New Government is going on well—I send you the impost Bill which has lately pasted—It is supposed that it will produce two Millions of Dollars % An.—which alone is more than half sufficient to support the Government & pay the Interest on the foreign & Domestic Debt. In addition to it there will be an excise—& probably a Stamp Duty. The Ability of the Country to meet with convenience its engagements is admitted universally on all hands sides & Governmt. will not want the Disposition—the only point to be settled is the Arrangement. FC:dft, Craigie Papers, MWA. Addressed to London; carried by Capt. Bunyan.
Michael Hodge to Benjamin Goodhue Your favour of the 5th. with its inclosure came to hand—I am much obliged by the communications therein contained, as are the Gentlemen of
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Trade also, we are glad that the there is a prospect of the revenue System’s being compleated so as to commence its operation by the first of august, We have had the proposed [collection] bill, and but few complaints do I hear, they see that Governmt. is determined to make them honest, if possible, the fees for measuring they say is more than 100 % Ct. too high, 200 Hhds. may with ease be discharged in a day which would give to the Meas[ure]rs. near three dollars, the Guager & weigher both 100 % Ct. too high in their opinion, I dare say, that their fees will strike you as being much too high, the others I hear no remarks on—should be gratified at the sight of the impost bill, suppose it will not be long before we shall have it, it has not once occurred to me that it would be possible for the house to git so forward in their business as to have a recess, before Winter, you must make great dispatch, to do it, pray what has become of the motion for a Bankrupt Act, is there a probability that one will pass before your recess—I have nothing new to acquaint you with, We have a fine growing, healthy season, for which, I wish we had thankfull hearts. ALS, Letters to Goodhue, NNS. Written from Newburyport, Massachusetts.
Samuel Livermore to John Pickering I recd. your favour of the 30th of June with great pleasure, as I do all letters from those I love. Your observations on the judiciary plan as first printed by the senate are very just. However the senate have departed much from that (which was, you know, only the report of a committee) and I expect in two or three days to see another “monstrum Horrend[u]m—cui lumen ademptum.”1 That is to say a blind monster, which I hope will be the more safely attacked and destroyed. I wish to see a good federal court at the seat of congress, out of which should be modified a circuit court to sit in various parts of the Union, as may be found usefull. And judges of admiralty, one or more, in each state. Appeals to be had from the state courts, & from judges of admiralty, to the circuit courts, or to the supreem court, as may be limitted, for the publick good. All this may be systematically & constitutionally done. It will give me pleasure often to hear by a line from you that you are well—and your sentiments on publick measures. ALS, Dreer Collection, PHi. 1
A horrible monster, deprived of light (Virgil, Aeneid 3:658).
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Paine Wingate to Timothy Pickering I have this day received your favour of the sixth Instant, and since I wrote to you last, I have received your’s of April 23d & May 14. I have lately had no direct opportunity of conveying a letter to you, and always have something which occupies my attention; for these reasons have omitted writing to you, and not from a disinclination to correspond with you, or for want of a readiness to give you any information in my power respecting public matters. What you mention respecting Mr. [ James] Wilson I believe to be very just & true—The apointment of those high offices in government will depend very much on the President and who they will be, I have hardly heard conjectured. It will be a satisfaction to me to have some knowledge of the characters, of to whose appointment I may be called to give an assent or dissent in Senate & on this account I am oblidged to you for your information—The Judicial bill has had three readings in the Senate & is now to be committed in order to make some little alterations & amendments & then it will be ready to go [to] the other house. How it will fare there is very uncertain. For my own part I do not much like it. I think it will be a very expensive machine without deriving benefits to the public equal to the cost. The bill is too long to give you any tollerable account of it in this letter. Six Judges of the Supreme court are proposed, & there is to be a district judge in each State & one in the Province of Main & one in Kentucky. The latter are to have cognizance of maritime causes & some other matters respecting foreigners & the revenue. And they are to sit with two supreme judges in a circuit court in their respective states. You will easily see from the proposed business that these judges must be gentlemen of the law & will have permanent salaries adequate to their services & the appointment will be respectable. I have thought that if the system should take place that you might with advantage to the public & yourself discharge the duty of district judge in Pennsylvania if the President should think fit to nominate you. Who is thought of for the place I have not heard. I know that many of your friends wish that the public might again have your services in some department of government. I am sensible that there are crouds of seekers who want to quarter themselves on their country & very likely will in many instances will obtain, to the exclusion of others more deserving. I hope that this will not be universally the case. There is the place of the treasury which requires a man who is of distinguishd abilities, extensive knowledge, as well as great integrity & industry at the head of it. Who he will be is very uncertain. Colo. Hamilton is spoken of & Mr. [Samuel] Osgood; but little has been said about it. I think that is a place in which you might be very useful. There are other places in the treasury office that are important, but I do not know of any
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other of the great departments in which the present officer will not be likely to remain. Should a suitable place be offer’d to you I hope that you will be disposed to accept—I am sensible that your situation is now such that there will be many disadvantages attending your removal and that your temptation to come into public life will not be so great as would be in other circumstances & I am also sensible that you will not be so likely to be appointed as though you was not at that remote distance But I know that it is the wish of many of your friends. I think that it is my wish not purely from the motives of private friendship & connection but because I think you might be more extensively useful—I do not boubt [doubt] but your time is sufficiently occupied where you are but had rather it was in some more important sphere of life. This must be left to the disposal of providence. My ardent wish is that domestic happiness may attend you & yours, & that you may meet the reward of your unwearied industry & application. I have mentioned to Dr. Johnson what you desired of me. His reply was that he thought the cause was doubtful. He considered the decision of the federal court at Trenton as unjust, & as being unfavourable to the claims under Connecticut.1 I asked him whether he thought the [lined out] chance, all things considered, was against those claims. He said he could not say that, but the mode of his reply was such as conveyed the Idea that there was considerable uncertainty. If I should get any farther knowledge upon that subject I will write to you. The bill for collecting duties has had two readings in the other house & passed to be engrossed. It is said that Genl. Schuyler & Mr. [ James] Duane are appointed Senators for N. York. I had a letter from my wife [Eunice Pickering Wingate] dated July 4. when they my family was well—The President has been unwell. His disorder terminated in an unusual bad boil on his thigh but is recovering—I will enclose to you some papers which perhaps may be new. *** ALS, Pickering Papers, MHi. For the full text, see Wingate 2:317–19. 1 The court sat from 12 November to 30 December 1782 and ruled unanimously (five judges participating) that Pennsylvania had both the jurisdiction and the preemption of all the territory within its boundaries claimed by Connecticut, almost half the state ( JCC 24:6–32).
Other Documents
John Carnes to George Thatcher. ALS, Thatcher Papers, MSaE. Written from Lynn, Massachusetts. Sent an election sermon some time earlier; has not heard from Thatcher for several weeks.
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Joseph Jones to James Madison. ALS, Madison Papers, DLC. Written from Petersburg, Virginia. For the full text, see PJM 12:288. Office seeking: introduces and recommends the bearer, Christopher Roane, to continue in office of “searcher” at City Point, Virginia. GUS, 15 July. Seney and Henry presented Washington with an address from Washington College, Chestertown, Maryland.
Sunday, 12 July 1789 Rain. Hot ( Johnson); very hazy & disagreeable (Lewis)
Abigail Adams to Mary Cranch *** You ask me concerning politicks. Upon my word I hear less of them here, than I did in in Massa’ts. The two Houses are very busy upon very important Bill’s, the judiciary, and the Collecting Bills. The Senate is composed of many men of great abilities, who appear to be liberal in their sentiments and candid towards each other. the House is composed of some men of equal talants. others, the debates will give you the best Idea of them, but there is not a member whose sentiment clash more with my Ideas of things than Mr. G[err]y. He certainly does not comprehend the Great national System which must Render us respectable abroad & energetick at Home and will assuredly find himself lost amidst Rocks & Sands. *** I fancy a constant correspondence is kept up between Mrs. [Mercy Otis] W[arre]n & Mr. G[err]y and like enough with several other jealous partizans, but I hope they will never have sufficient interest to disturb the Government. I really believe Mr. G[err]y to be an honest Man. *** ALS, Abigail Adams Papers, MWA. Written from “Richmond Hill,” outside New York City. For the full text, see Abigail Adams, pp. 14–18. A portion of the omitted text describes “Richmond Hill” in detail.
Fisher Ames to William Tudor I am happy to find that you approve the decision of the House upon the question of the President’s power of removal from office. The men of information and property, who are stigmatized as aristocrats, appear to me more
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solicitous to secure liberty than the loudest champions of democracy. They not only wish to enjoy, but to perpetuate liberty, by giving energy enough to government to preserve its own being, when endangered by tumult and faction. A mob is despotic per se, and it tends to destroy all liberty. One Abner Fowler, it is said, in 1787, would have the town instruct their members against the constitution—for, he observed, it would destroy their liberties, they could never have another mob. I wish that his judgment may be verified. The executive branch of our government is not strong. I am sure the people cannot be interested on the side of depriving him of any part of his constitutional powers. Those who argued on that side, seemed to consider themselves as the defenders of liberty—pointed out the danger to the people, and the shameful usurpation of power, in deciding as it was decided. They said the constitution was not express in giving the power to the President—constructions were, they said, replete with danger, and then they proceeded, upon the strength of construction, to prove that the Senate has the power of advice in removals. This opinion seemed to nourish their zeal, and made them inflexible in their opposition to any infringement of the constitution. This will appear to the world a serious proof of the degree in which the understandings of men may be misled, when their passions are heated. This debate seemed to menace faction, but the good humour of the House has returned, and business goes on again as agreeably as formerly. To whatever cause it may be owing, the fact is certain, that there is very little of party spirit in our house, and less seeming intrigue and cabal than I have ever seen in any public body. Our progress has been slow. There seems in the public to be a general disposition to excuse it, to bring into view the complex nature of the business, and to call it by the name of wisdom and prudent caution. We have certainly proceeded more tardily then I expected, or will affect to approve. But the application to business has been unexceptionable. The whole body actually attends. Not a member absent, except four or five with leave. Punctual attendance of the whole, and at the hour, is given; and very few retire, unless to drink water in the committee room, during the five hours attendance. Our collection bill has been pushed as diligently as I ever knew business prosecuted. It is reported by the committee of the whole to the House, and will be sent in a few days to the Senate. The judicial is before the Senate still. They have laboured upon it as hard as so many schoolmasters or merchants’ clerks. I expect it in our House in six or eight days. It will be debated warmly, and I am afraid will not be treated as a system, but made patch work by fanciful amendments. We begin to talk of a recess in August. I wish it most ardently, but am afraid it will not take place till September. MHSC, ser. 2, 8(1826):318–20.
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William Bradford, Jr. to Elias Boudinot *** I have not been able to take up the bill for establishing the federal Courts since your heard from me. It seems however to be a general idea that trials of ejectments in that Court will be very displeasing & unpopular. A pennsylvania title in the western Country in particular is of such a complection that the jury of the county is the only proper tribunal to decide on many points that arise in such causes. Might not this be remedied by permitting the cause to be determined in our state Courts with a power to bring error upon any points which may be excepted to on the trial or in the charge of the Judge? The subject is difficult & delicate: & I apprehend there is nothing that will have a greater influence upon the affections of the people than the operation of this act, & therefore the utmost caution should be used in framing it. But experience can alone make it point out the many defects which must necessarily pervade so extensive a system. I find the Congressional Register is left at my house. Pray does that work faithfully represent the substance of the debates? It [if ] it does, it may be serviceable; but hitherto there has been an aukwardness in the stile that is not agreeable—particularly his beginning every argument with a verb in the past tense. I have been amusing myself with the Connecticut reports.1 I think the judiciary bill smells a little of the laws of that state, & if those parts which seem copied from the connecticut acts are preservd this book will be serviceable. Mr. Dallas’s reports will be out as soon as the printer can strike them off: the work manuscript is completed & the work will make its appearance sometime in September.2 I must beg you to assist him in encreasing the number of his subscribers & shall send you a proof sheet next week as a specimen. *** ALS, Wallace Papers, PHi. Written from Philadelphia. The manuscript letter includes a signature list of subscribers to Dallas’s reports, including Scott and Hartley. 1 Ephraim Kirby, Reports of Cases Adjudged in the Superior Court of the State of Connecticut (3 vols., Litchfield, Conn., 1789). 2 Alexander James Dallas, Reports of Cases Ruled and Adjudged in the Courts of Pennsylvania, Before and Since the Revolution (Philadelphia, 1790).
Benjamin Goodhue to Insurance Offices of Salem The bill for collecting the duties was yesterday ordered to be engrossed for a third reading, and will doubtless in a day or two reach the Senate and
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probably be finished in Eight or ten days—it has not undergone any material alteration from the printed copy which I forward to you some time since. Beverly and Salem are annex’d as one port to which are Ipswich and Danvers as ports of delivery and a Naval Officer Collector & Surveyor are to reside at Salem, and a Surveyor to reside at Ipswich, and another at Beverly. Marblehead is made a port of entry at which a Collector is to reside and Lynn is to be a port of delivery for that district, there was an aversion to the multiplying of ports [of entry and delivery], and it was extreamly difficult so to arrange them as to satisfy the various parts of the Continent, but as they are now fixed seems to give general content—I think the fees are too high, and our delegation had to combat the Southern members to keep them from being raised much higher. ALS, Goodhue Papers, NNS.
George Leonard to David Leonard Barnes I have only to Inform that the Collection Bill is past the House & the Judiciary System has after a long & tedious passage Got through the senate expect to morrow or next day it will be in the house. dont you begin to be Tired or are you Quite tired in Waiting for the final decission of the Revenue Matters—at Present there is to be but One Officer in the Port of Dighton and Another at N[ew]. Bedford I hope to be at home by the first of August. ALS, Gratz Collection, PHi. Addressed to Taunton, Mass.
Benjamin Lincoln to Theodore Sedgwick Your favor of the 1st. came safe to hand a few days since. We are so nearly in sentiment that I have little to say on the subject mentioned—However I will make an observation or two on some parts of your letter You say “I am not convinced that the funding of our State debts, at the present moment would be promotive of public utility” I think a little differently The general government cannot at present attend to those matters, while it seems necessary that some thing, [lined out] to quiet the public creditors, should be done—If the State had funded their public debt & mortgaged the [lined out] excise for the payment of the interest, that with a small Land tax would have compleated the business If here after Congress should, as they have a right to do, take hold of the excise they would find it a very poor delicate piece of business unless at the same time they should annihi-
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late the State debt, Besides if you can at once get the States themselves to establish themselves, for the payment of the interest due on their own debts, an excise upon all articles which will bear it, and they in the habits of collecting that excise, which could be done with ease, when the people saw that its proceeds would go to the discharge of the interest due on the State notes when they [illegible] will be nearly finished & shall be thus arranged Congress may with ease take up the business fully embrace the State debts and add the excise to the proceeds of the impost both of which might be equal to the [lined out] yearly demands upon them These are among the reasons which induced me to wish that the [lined out] General Court in their last session would attempt to make an establishment for the payment of the interest I could not persuade my self that such a measure would clog the business or delay a union of all the debts with the general one I am confident that we shall in a short time feel such security under the general government that we shall always think our selves happy to change our State security State for continental But the moment the Union find it for their interest to embrace the debts of the several States they will not be under any obligations to consult such creditors; they have nothing more to do than to lay their hands upon the excise; The moment they do this the several State creditors will see that the source whence they hoped to draw their interest is dryed up and if they [lined out] expect to avail themselves of it they must solicit Congress to take their money. I hope Congress will not touch the excise untill they adopt the State debts the adoption and their securing the excise should go hand in hand. Little is said respecting the report of the committee which provides for the pay of the members they seem to consider the business as unfinished, I have heard some people say that they thought the report too high perhaps they had better put it lower now than at what I[t] shall finally stand when we are in cash. If ever we intend to wear the garb of a nation we must assume, as you justly observe, the debts of the several States Every person should be led to look up to the general government with perfect confidence The others several States must follow after and be respected in proportion as they aid & unite with the national one government or neglected as they consult their private interest in opposition to the common one. You argue I think perfect[ly] right respecting New York if she has paid her debt the Union gave her the means and ought to avail them[sel]ves thereby—If any of the States were in debt before the war, let them p[ay] those debts but all those which were contracted [lined out] really for the war let them be paid from the general revenue. ALS, Sedgwick Family Papers, MHi. Written from Hingham, Massachusetts.
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Robert Morris to Mary Morris I am again My Dearest Friend on a Visit at Morrisania1 from whence I am now writing a Number of letters and shall just steal time enough to tell you that I have desired Mr. [Garrett] Cottringer [lined out] to pay you One hundred Dollars out of a Sum which I have sent on to him, this is for Family Expences your prudence will make it go as far as possible Knowing as you do my embarrassments and the difficulties I now meet with in Collecting Money, when this shall be nearly gone apprize me of it, that I may Contrive you another Supply. Tom [Thomas Morris] & myself came here last Night with Mr. [William] Constable We found the Family well the children of Mrs. [Anne] Constable having very nearly got rid of the Hooping Cough. This unluckily proves to be a rainy day, it however Suits me very well to write. *** We had no difficulty with the Ferry last Night, and whether we go back to New York this Evening or in the Morning will depend on the Weather. I have not yet Received any letters from G[ouveneur]. Morris & wonder at it, very much, the cause I cannot divine, but it ought not to be so. I paid a visit at the Presidents on Friday Evening (it is the only one I have paid since We parted). *** I wish you was here to day for the Weather I perceive is going to clear up the Cherrys are ripe but not fine, but I expect the Black Fish will be good and my Dearest Molly I am never so happy as when you partake in the enjoyments of this Life, Mine are constantly interrupted, Seperation from you is a deprivation of the first of them, and unless Congress removes from New York I must either quit or bring you there but of this more hereafter. I believe I shall not have occasion to meet Mr. Ross as I mentioned to you, but still I expect to go at least as far as Trenton sometime hence & shall give you Notice. *** ALS, Morris Papers, CSmH. Written from “Morrisania,” at “12 oClock forenoon.” Addressed to Philadelphia. A postscript is calendared under 13 July, below. 1 “Morrisania,” the estate of half brothers Lewis and Gouverneur Morris, was situated on the Harlem River just north of Manhattan Island, in present day lower Bronx.
Pamela Sedgwick to Theodore Sedgwick *** You are Too wise my dear not to make the Best of your Lot in life altho. business brings Cares—and a vexatious Train of Tears Yet you will always console yourself with the thought that in addition to your good intentions you have the abl Abillety given you—to do Good.
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It is the [lined out] Earnest wish of my heart that you may succeed In your generous Porpose and be made a Blessing to your Country This Country is dear to me—but still I have not Virtue To make large Scacrefisces—To you then my dear I resign the Honor with the pain. Fancy will busy itself in antisipateing future Scens of bliss So I think at some futur not far distant Period what will be the world To you. *** ALS, Sedgwick Family Papers, MHi. Written from Stockbridge, Massachusetts; carried by Mr. Silas Pepoon.
George Thatcher to Sarah Thatcher *** I dont recollect what I have wrote in my former Letter touching my health that could have alarmed you so much as you seem to be, on that account, in your last—Tho we have had very hot weather for some time, I think I am as well as usual in the summer time—And I hope I have now passed the time when I were the most unwell—I have not been absent from Congress one day as yet—And for ten or twelve past we have met at ten oClock & continued in session till three & four oClock every day—but for the future we do not meet till eleven. *** Unless Congress adjourns by the first of September, I propose to get leave of absence for four or five weeks. *** ALS, Thatcher Family Papers, MHi. Addressed to Biddeford, Me. Portions of the omitted text convey instructions for avoiding melancholy and for teaching the children.
Paine Wingate to Mary Wingate Wiggin I have written to you but once since I came from home, because I write to your mother and other friends so often (which letters I suppose you generally see), that I have nothing else very special to write to you. Nor indeed do I at this time write because I have any thing of importance to communicate; but principally to evidence that I am not unmindful of you, that I observe the fleeting moments of time, and remember that this day you have completed the twenty-third year of your life. How quick have you passed on from infancy, childhood & youth and have now become a wife & a mother! These are very important relations of life, in which I hope & believe that you will ever be solicitous to conduct with propriety. You have been favoured with a very desirable share of health, you have
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been blessed with easy & comfortable circumstances in life, and tho’ no situation in this world is entirely free from its troubles, yet I think that you have reason to be thankful that your lot & condition have been preferable to most who have lived to your age. Your future happiness in life depends much on your own choice. A virtuous, innocent mind conduces to peace & serenity within. Not to expect too much from this world, & thankfully to enjoy the good things which you have, will naturally lead you to contentment. Add to this a moderate attention to the affairs of your family, benevolence & friendship to your fellow creatures, charity to the distressed; and conversation & intimacy with your friends & relations—these attendants will sweeten the path of life, and with the blessing of health and domestic enjoyments render you as happy as is consistent with this unstable state we live in. I have tho’t that I have enjoyed more contentment in life, & been more happy than most people, because I never had high expectations & generally found my situation better than I expected. Pomp & show & fashionable amusements & pleasures I believe seldom make people happier. I have had opportunity of seeing considerable of it among the first characters in America, who live in the highest taste & in the most expensive pleasures; and I would not exchange the innocent & simple enjoyments of a rural life, in the small circle of my few intimate friends with your mother and my children, for all their greedy & empty pleasures. It will be very agreeable to me to return again to Stratham [New Hampshire] as soon as business will permit; which I hope will be by the beginning of Sepr., & that I shall then find you & all friends well. I often think of your little Harriet, who is by this time, I do not doubt, considerable company & diversion to you & Mr. [Andrew] Wiggin; & of whom I dare say you are both very fond parents. I hope that she will long live to be a comfort & a blessing to you; but you must remember those little creatures are but favours lent, are of uncertain continuance, & not make too great dependance on life. I remember that you used to think that your mother & I were too indulgent some times, & tell how you would manage children if they were yours. Now you have opportunity to shew your skill in government & I hope that you will make a wise & discreet mother. Harriet is old eno’ now to be contradicted sometimes in her little humours, & learn to submit to your will. It is easier to manage her now than when she shall be older & more used to have her own way. As she will soon begin to crawl & perhaps to go alone you must be very watchful that she does not get into danger. I have known several children lose their lives by pulling a coffee-pot or the kettle of hot water on to them. They are apt to get hold of any thing within their reach. Tubs of water whether hot or cold are also dangerous to be in their way of falling into. You cannot be too careful.
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And here I will remind you of your duty to Polly Wiggin. She is a sprightly girl & now is the time to lay the foundation of her future usefulness & happiness. You must not only patiently instruct her in such kind of work as is proper for her to do; but especially take care to learn her to read, & to improve her mind. Those young minds are capable of much very useful instruction & virtuous sober improvement. You will let her see that you have an affection & tenderness for her, & discover no partiality between her & her sister. This is a difficult duty to perform; but I hope that your prudence & discretion will be sufficient to direct you. You will think perhaps that my letter would be more agreeable if it contained something else beside advice, but I assure you that it is dictated by the most ardent affection & concern for your welfare. I wish you many happy days & years. Charles E. L. Wingate, Paine Wingate’s Letters to His Children (Medford, Mass., 1934), pp. 17–18. The salutation reads “My dear Child.”
Other Documents
Joseph Crocker to George Thatcher. ALS, Thatcher Papers, MSaE. Written from Boston. Office seeking: encloses letter for forwarding to Edward Church, whom Crocker recommends for office in Georgia, asking Thatcher to mention Church “to the Senators of your Acquaintance.” William Dorsey to Michael Jenifer Stone. Written from Georgetown, Maryland (present day District of Columbia). ALS, Washington Papers, DLC. Office seeking: David Lynn for a revenue office in Georgetown. Benjamin Goodhue to John Carnes. No copy known; acknowledged in Carnes to Goodhue, 21 July. James Hopewell to Michael Jenifer Stone. ALS, Washington Papers, DLC. Written from Town Creek, Maryland. Office seeking: anything at St. Mary’s or collector on the Patuxent River; asks to be mentioned to C. Carroll and Henry; hopes Stone will not think him too presuming “when thousands equally or perhaps more deserving are present on the Spot who are solliciting and courting the favor of the different Members with hate [hat] in hand.” James Madison to Walter Jones. No copy known; acknowledged in Jones to Madison, ca. 25 July.
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John Page to George Weedon. No copy known; acknowledged in Weedon to Page, 23 July. Theodore Sedgwick to Henry Van Schaack. No copy known; acknowledged in Van Schaack to Sedgwick, 26 July, a “long and friendly letter.” Elizabeth Whiting to George Washington. ALS, Washington Papers, DLC. Written from Gloucester County, Va. For the full text, see PGW 3:185. Page can certify her misfortunes.
Monday, 13 July 1789 William Ellery to Benjamin Huntington *** I have seen your debates upon the power of the President to remove Officers, appointed by his nomination and the approbation of the Senate, and was much pleased with the good sense that was displayed on that occasion—There was nothing in the conduct of that debate, that was in the least disagreeable to any of my acquaintances; but an expression which dropped accidentally from our friend Mr. Gerry. I should be glad to know why the Senate was opposed to a discrimination being made in the Impost act between France and Great Britain. Without doubt they had or thought they had good reason for non concurring with your House. That Act I am informed has received the Assent of the President. The Acts for collecting the Impost Act, and for the establishment of the Judiciary will I hope be soon completed. I wish for this not only on account of the public; but partly for my own sake. The United States owe me a considerable sum, part of which I want very much. Last February the Commissioners of the Treasury issued a warrant in my favour for 400 dollars. I received one half of it about the time the warrants issued—and was assured by Mr. Secretary [William] Duer that the remainder would be paid in the course of the week next after the date of his letter on that subject; but I have not received a farthing since. I have frequently written to him, and once to the Board of Treasury respecting this business, but have not received any answer from either of them. Mr. Duer undertook as a friend to manage this affair for me. If it should not be disagreable to you I should be much obliged to you if you would let him know that I had written to you on the subject, and that I suffer for want of the ballance due on that warrant. A word from you may be very serviceable to me.
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After you have [lined out] completed the act for collecting the Impost, and have established the Judiciary, amendments to the Constitution will, I suppose, be brought upon the tapis. If any amendments are to be proposed to the legislatures of the States the sooner they are offered the better. A An early decision either way on that subject would, I believe, be beneficial, for so long as there is any expectation of amendments, that expectation may be assigned as a reason by the non acceding States for their not acceding, and they who have acceded may not be so perfectly easy as they would otherwise be. It is true, that an expectation of amendments is a feeble reason for their not embracing the Union; because by the addition of their force they might be more likely to obtain them, than by standing out—and they must sooner or later accede, whether the Constitution is amended or not. But a bad excuse with some characters is better than none. Take away this false ground, and if they then stand out, they will stand, as the Hibernians [the Irish] did upon nothing. They will be fools indeed, and without even the shadow of an excuse. *** ALS, Ellery Letters, R-Ar. Written from Newport, Rhode Island; carried by Mr. Blakely, Esq. Portions of the omitted text discuss Rhode Island’s likelihood of repealing its controversial paper money law as a requisite for ratifying the Constitution, hint at Jonathan Hazard (ca. 1728–1812) supporting ratification with an eye towards a Senate seat, and convey greetings to the Connecticut delegation.
Robert Morris to Francis Hopkinson So far my good Sir had I written on the 3d of July when I was obliged to leave off & go to the Senate, the next day was—Independence day. The next day I went with Mrs. [Mary] Morris who set out for Philada. the next day I came back & by so many days Neglect of business I found abundance of it had accumulated on my hands so that I have been obliged to Work hard to bring all Square again, however it will perhaps give you some pleasure to know that amongst the Number of my Labours the Copying of your Remarks may now be reckoned, and really the thing proved as I began to suspect when I left of writing at the above Dash.1 Nothing in the performance altho terrible in apprehension I committed the Copy to some professional Gentlemen in the Senate and some of their remarks were introduced in Debate with Effect.2 The Bill has been severely handled and many alterations made, I suppose it will find its way to the House of Representatives this Week, (I am now at Monday Morning July 13th. 1789) and as there is no less than Two & twenty Lawyers in that House I expect they will turn & twist this poor bill untill they send it back to its parents as unlike the
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Orginal as will Law language will Admit of. I shall pay attention to the Contents of your private letter and you may be assured that I have coupled a Sentiment with my Friendship for you, that justifies me to myself, for any attempt I can make to serve you, it is that by promoting Your Views in the Judiciary line I shall promote the Service of that Country that which sent me here. I desired Mr. [ James] Wilson when I sent him a Copy of the Bill to Consult you on it but from the tenor of his & of your letters nothing of that kind seems to have been [ done?].3 I might probably have filled this paper, but being called to breakfast I bid you farewell. ALS, Hopkinson Papers, PHi. This is the postscript to a letter written on 3 July and printed under that date. A long heavy dash separates the 3 and 13 July portions of the letter. Maclay claimed as late as 8 July that Morris had not yet shared Hopkinson’s remarks on the Judiciary Bill [S-1] with him (DHFFC 9:104). 3 This word is mostly obscured by the seal on the letter. 1 2
Benjamin Rush to William Maclay . . . I hope no attempt will be made by the Senate to lessen the power of the Executive. We consider here the Safety of the Government to depend chiefly upon the Strength of the President’s arm. The vote of the Senate to elect officers by ballot was not well received here by the best friends of the Federal Government. I am not competent to the question, having heard none of the arguments on either side. Perhaps it was decided right—but at present it appears to me otherwise. . . . 500 petitioners have already been obtained in North’d. [Northumberland] County for calling a [state constitutional] convention and appearances are flattering in other Counties. Our people complain of the six dollars a day for your wages. Till the Government can walk alone—suppose you fix them at 30/ or 35/. Excerpt of ALS, Scheuer Catalog 4(1928):item 1834. The ellipses are in the source.
Theodore Sedgwick to Pamela Sedgwick I was much disappointed in not having the pleasure to receive a line from you by the post on saturday. I have indeed received but one letter from home since I came here. Permit me most earnestly to entreat you to write at least by every post. From every quarter excepting Stockbridge I constantly receive letters and more indeed than I wish, because much of my time is uselessly employed in writing answers.
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*** I have taken lodgings at a Mrs. Dunscomb’s. The place is not a very good one, and I was induced to prefer it only on account of the company. I find myself very much involved in business, and am greatly interested in the important objects objects before us. my health, however, continues as well as I could expect, I have almost wholly denyed myself to every engagement, because I find it necessary to devote almost every moment of leisure to exercise. The season has been oppressively warm and still so continues. I have not yet had it in my power to to see Mrs. Hoffman,1 altho she lives at the next door, by reason that her son is sick and she is constantly attending him. Whether Congress adjourns or not it is my present determination to be at home by the seting of next court. Adieu my dearest creature, and know that you are the dearest object of my tenderest affection. ALS, Sedgwick Family Papers, MHi. Addressed to Stockbridge, Massachusetts. The salutation reads “My dearest love.” 1 The New York City Directory lists a Nicholas Hoffman as a merchant at 16 Great Dock Street.
Edward Shippen to Robert Morris In Consequence of your Letter to Mr. [Alexander] Wilcocks, the Gentlemen you mention took the Bill for establishing the Judicial Courts of the united States into their Consideration, and I presume Mr. Wilcocks has signified to you the Result of their Deliberations—Since which some new thoughts have occurred to me, which as the Subject is important, I beg leave to suggest for your Consideration. It strikes me that the general plan of distributing the Courts of the united States, is capable of some Improvement—The Powers of the District Judge are very great—perhaps too great for a single Man, as it is of Consequence that the people should have the utmost Confidence in a Court who is to decide upon great property; especially in those Cases where the Decisions are to be without a Jury. The Circuit Court appears to be inconvenient as well to the Judges as to the Suitors—the Middle Circuit, comprehending New Jersey and Virginia is so extensive that it will be scarcely practicable for two Judges twice a year to perform it, and at the same time attend the Sitting of the Supreme Court at the Seat of Government—It may likewise be inconvenient to the Suitors, as in some Cases the subject of Litigation may be far removed from the place of its sitting, especially in Land Causes where the disputes may arise on the
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extreme borders of two States: to this may be added the inconvenient delay of Suits, arising from that Court’s sitting but twice a year—I would therefore suggest a consolidation of these two Courts, by establishing an inferior Court in each district, consisting of three Judges of Ability residing within the district, to sit four times a year, with all the Powers of the two Courts; subject to an Appeal to the Supreme Court in Cases of Equity and maritime Jurisdiction, both as to fact and Law; and to Writs of Error in Suits at law to preserve a Uniformity of Decision; with a Power also in the Supreme Court to order new Trials in Cases where the inferior Courts should refuse to grant them, the presiding Judge reporting the Case as it appeared on the trial— These provisions would always subject those Courts to the Controul of the Superior Court, both as to facts and Law—This inferior Court might also occasionally sit at a place more convenient to the parties than the Capital of the State; as if a dispute concerning Land should arise at Pittsburg or Wyoming under Grants from different States,1 this Court might without much Inconvenience carry Justice nearer to the doors of the Parties—If it should be thought that trying the Cause in the same County where the Land lies might be mischievous on account of local prejudices, the Court might sit in an adjacent County, or within a reasonable distance from the Subject of dispute—One Objection only strikes me to this plan, which is that a trial of Land before Judges who are Inhabitants of the State where the Cause is tried, when the Claim set up by one of the Parties is under a Grant from a different State, may not be deemed Satisfactory on account of a Supposed Byass in the Judges in favor of the Grants of their own State—This Objection may however be removed, by putting it in the power of either of the parties to apply to the Supreme Court to order the trial to be before the Judges of a neighbouring District—As this Case would not happen very frequently, there would perhaps be no great Inconvenience in this. It may possibly be thought such an Alteration of the Plan would be attended with an encreased Expence, on account of the additional number of Judges. But when it is considered that there would be no Necessity upon this plan for the Appointments of so many Judges of the Supreme Court as Six, and that the Salaries of those who are appointed need not be so great as if they were to ride such extensive Circuits, and that the inferior Judges who do their business at home ought not to expect great Salaries, I should suppose the Expence would not be much, if at all, encreased; especially if it should not be thought improper that these inferior Judges should be selected from the most able of the Judges of the State Courts, or the Lawyers practising in the State Courts, who having already some Provision, might be satisfied with the less from the national Funds. It is of the utmost consequence that the Judiciary Bill Law should establish in express terms by what Law we are to be governed—There are some
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loose Expressions in the Bill concerning the Common Law, but it is no where said the Judges should decide according to it—The American States have generally adopted it, either in their Constitutions or by Act of Assembly—The United States should likewise adopt it; and it should not be left to the Judges to make the Law, but only to declare it—Perhaps the Common Law alone would not be sufficient—there are many Statutes made in England before our Revolution which amend and improve the Common Law; some of these have been long practiced under in America, and are incorporated with the Common Law, which would be imperfect without them—I own it is a difficult and delicate Point to fix by any Rule the Extension of the Statutes; and perhaps here there may be a Necessity to leave some latitude to the Judges—Such Statutes as do not suit our Circumstances, or which have never been at all admitted here, should certainly not be introduced. The mode of Trial of Seizures under the Impost and Navigation Laws without a Jury, should be well considered. Ever since the Revolution the people have been accustomed to have Juries in those Cases, and before that, it was thought very hard that English Subjects in America should be deprived of that right; and subjected to a trial of their property by a Judge of Admiralty without a Jury, when in England the trial of those Causes were always according to the Course of the Common Law in the Court of Exchequer. These are all the Remarks I mean to trouble you with at present—if any should hereafter occur to me on this Subject which I think of Consequence enough to communicate, I will take the liberty of doing it. ALS, Autograph Collection, PHi. Written from Philadelphia. 1 Pittsburgh and the Susquehanna’s Wyoming Valley were the centers of competing land title claims between Virginia and Pennsylvania, and Connecticut and Pennsylvania, respectively.
Paine Wingate to Samuel Hodgdon I have received your favour of the 8th instant & delivered the enclosed letter agreeably to your request. As to what you mention respecting Mr. [Timothy] Pickering I agree with you in sentiment. I know his abilities, industry & integrity & think that he might be eminently useful to the public in some important department of government. But My connection with him is such, & situation in the Senate, that I can not with so much propriety speak upon the subject as some others. I know that he will seek for nothing, and there are so many applicants that no body need to be sought after for an office. If a suitable place was offered to him I rather think he would accept, for the
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sake of doing good, though it might interfere with his present plans & interrupt his beloved retirement. You probably know Mr. Pickering’s inclinations & what will be worth his while better than I do, & I do not doubt but you will do whatever you shall judge proper, by suggestions to others, to bring him into view. I shall most heartily second your endeavours so far as will be proper in my situations. Much must depend on the Presidents nomination. I think he must know Mr. Pickering’s merits; but whether he will think of him is uncertain. I do not expect that any other resourses of revenue than that of the Impost will be attempted during the present session of Congress but think with you that it will be unequall to our exigences, and consequently, suppose that an Excise must take place before long. It is said that the President seems disposed that the officers who have been employed by the states, where there is no special objecti[on] should be continued. I think this very likely—I will enclose the bill you request. It has been amended, I am told, nearly as I have written, & passed to the Senate, but has not been taken up there.1 *** ALS, Timothy Pickering Papers, MHi. Addressed to Philadelphia. Wingate enclosed a letter from Miss Hodgdon and asked Hodgdon to forward an enclosed letter to Pickering and another letter from Pickering to an unnamed Philadelphian. For the full text, see Wingate 2:319–20. 1 This is a reference to one of the three executive department bills [HR-7, 8, and 9], all of which were printed for the House in early June. The Senate ordered the Treasury Bill [HR9] printed on 10 July.
Extract of a Letter from Massachusetts With respect to the mode of transmiting messages, bills, &c. from either house, I cannot say that it pleases me: Independent of its being improper that the Secretary or Clerk should be absent from their respective stations, they are not members, and this being a necessary step in the progress of a legislative act, it should most certainly be performed by a member or members. I observe by the papers that The President of the United States has returned the Impost-Bill to the House after receiving his approbation, by his Secretary. It was expected that this part of Legislation would have been marked with some striking characteristic feature: More particularly would there not be great propriety in the President’s going to the Federal Hall, and there, in the presence of both Houses of the Legislature give his assent, publicly, to the bills? It appears to me that this would be proper—would impress upon the public mind an idea of the importance and solemnity of the laws—and hold up the several branches of the Government to the view
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of the people, in a conspicuous and dignified point of light: It has been supposed that the President’s late indisposition prevented the adoption of this plan. Some persons may perhaps object to this, for however astonishing the fact, it seems to be a point with many to prevent the people from thinking too favorably or respectfully of the government, or the administration. GUS, 22 July; reprinted at Fredericksburg, Virginia.
Other Documents
Anonymous to George Washington. AL, Washington Papers, DLC. Written from New Jersey. For the full text, see PGW 3:186–88. Office seeking: attacks the qualifications of Patrick Dennis and mentions Wadsworth as a person to consult for details. Peter Cunningham to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Pomfret, Connecticut; carried by Mr. McGuire. Office seeking: “any Appointment to any part of the world.” John Miller to George Washington. ALS, Washington Papers, DLC. Written from Philadelphia. For the full text, see PGW 3:70n. Office seeking: “one of the Assistant Justices, or an Officer in the Revenue”; mentions F. A. Muhlenberg as a reference. Robert Morris to Mary Morris. ALS, Morris Papers, CSmH. Addressed to Philadelphia. This is a postscript to Morris’s letter of 12 July, written at 6 a.m. from New York City. Returned home the previous evening from “Morrisania”; expecting shipment of “the large Coach Horse” to pull the phaeton which he encloses instructions for shipping; “By a Dream last Night, I shall soon hear from G[ouverneur]. Morris, but not agreeably if I am to interpret as the matter appeared to me.” Eleazer Russell to John Langdon. ALS, Langdon Papers, NhPoA. Written from Portsmouth, New Hampshire, in the morning. Received his letters of 1 and 5 May on 8 and 11 May; asks how to proceed in his quest for federal office; thinks it necessary for Langdon to remain in the Senate; regards to Mrs. Elizabeth Langdon “who Im sure will do honor to Newhampshire”; expects Mrs. Elizabeth Barrell and Miss Langdon to visit and view the progress of the new house; “your invariable friend” Jeremiah Libbey sends thanks for Langdon’s respects and returns his.
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Tuesday, 14 July 1789 John Adams to Stephen Higginson I received your favor of the 4th of this month, but not till the impost bill was enacted and published. In the progress of that law, through the several branches of the legislature, the arguments in favor of a drawback on rum were insisted on by several members of each house. But I think it was not shewn with sufficient evidence, nor explained with so much precision as I expected, how it would affect the exportation of that article, to Africa, the baltick, and east Indies. This is an affair of calculation; if the price without a drawback, is so high, that a freight cannot be made and a reasonable profit. and still leave the adventurer at liberty to produce it at market at a price that will bear the competition with gin, Brandy and West India rum, the exportation will be lessened. if not annihilated. This however was not shown and proved; if it can be proved, the merchants and Manufacturers interested in the business should address a petition to the President, Senate and House of Representatives stating the fact, and praying a redress. The contest about molasses was very sharp and long continued, and the Senate on some questions pretty equally divided. I took as much pains as I thought was justifiable and more than I expected would have been excused; but no more could be done than you see. FC:lbk, Adams Family Manuscript Trust, MHi. Addressed to Boston. The closing reads, “In great haste.”
John Adams to Governor Thomas Mifflin *** In order to preserve and improve the Ballance of our constitution, it is so necessary that the nominations of the President should be revered, that I shall generally support to the utmost of my power the men of his choice, and it must be a very strong case indeed that would justify me to myself in venturing to differ from him. I congratulate you on the prospect we have that our country men will by degrees recover their original national character, and their native veneration for the wisdom and virtue of those institutions of our Ancestors, which have been so long obscured and misrepresented by passion, prejudice, ignorance, and error. FC:lbk, Adams Family Manuscript Trust, MHi. The omitted text relates to office seeking for Nathaniel Falconer.
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John Adams to James Sullivan I have received your favor of the second of this month. The report I mentioned to you in a former letter, was spoken of to me by gentlen. from Rhode Island, who are good citizens. One of these assured me of the fact as of his own knowledge, that there was an intimate intercourse between some of the leading antifederalists [in?] their State and some of the same character in Massachusetts, belonging to the neighboring counties, particularly Bristol. I do not believe however that there is any general encouragement given by those who were against the constitution, or those who voted for it with amendments; tho the Gentn. from Rode Island assured me that the majority in their state kept up the spirit of party, by roundly affirming that in case of a contest they should be supported by half Massachusetts. With regard to amendments, there is no man more sensible that amendments are necessary than I am There is not in the world I beleive a more decided friend to juries than myself, and I should chearfully concur in any measures necessary to render this admirable institution permanent and immortal. But there are other particulars, which seem to me to require amendment which have not been suggested by any of the States. The great divisions and distributions of powers on which depend that delicate equipoise, which can alone give security to liberty, property, life, or character, have not been attended to with necessary accuracy. An equilibrium of power is the only parent of equality and liberty; but the executive authority cannot in our constitution preserve an equilibrium with the legislative; nor can the President in his legislative capacity preserve or defend himself against the two houses; nor perhaps can the representatives preserve their share against the Senate, without convulsions—nor can the President and the house in concert, form a ballance to the Senate, if this house is pleased to exert the power it has and the people suffer it. I am more clearly impressed with this because I know that the equilibrium if preserved, would of itself, and by its natural and necessary operation cure every defect in the constitution whereas all the other amendments which have been proposed, if adopted will never remedy the defect in the equilibrium and consequently will never secure the rights of the citizen. We may study to all eternity: but I am bold to say, we never shall discover any other security for the rights of mankind but in a ballance of trusts and powers It is and ever has been amazing to me, that the people of America who boast so much of their knowledge of government, and who really understand so well the principles of liberty, should have so far forgotten the institutions of their ancestors, as to have been so negligent of this indispensible ballance in all the State constitutions as well as in that of the united states. Untill we shall correct our ideas under this head; we never shall get
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right: and we shall be tormented with a government of men and parties instead of being blessed with a government of laws. In what manner the public opinion can be weaned from those errors which passion prejudice and ignorance have propagated I know not. FC:lbk, Adams Family Manuscript Trust, MHi. Addressed to Boston.
John Adams to William Thompson I have received the letter you did me the honor to write me on the fifth of this month, and am the more earnest to give it an early answer, as from various circumstances, I have been prevented from answering that delivered by Colo. [William] Tudor. It is so rare of late to find a candidate for office, acknowlege the ease and independence of his circumstances, that your frankness in this particular was the more welcome and agreable. Distress in a man’s affairs, in the ordinary course of things, is so far from being a recomendation to public trust, that it ought to be an objection tho’ not a decisive obstruction to him. But in the present times, when there are so many ruined men and families, whose misfortunes have been clearly occasioned not by their own fault, but by the injustice and impolicy, of their country, and whose merits and public services have been considerable, the ordinary rule seems to be inverted. Nominations an appointments to office are however wholly out of my sphere. The Vice President has a constant and laborious service assigned him by the constitution, at the head of the Legislature, which consumes all his time, strength and spirits; and leaves him no opportunity or capacity to collect the information, or to weigh the pretensions of candidates necessary to form these arrangements, or even to give advice concerning them, except perhaps in a few instances more particularly and personally known to him. These duties are by the constitution wisely and virtuously assigned to the first executive Magistrate, and to him therefore must your application as well as all others be made. FC:lbk, Adams Family Manuscript Trust, MHi. Addressed to Boston. The editors have dated this letter 14 July because of its placement in the letterbook; it may have been concluded on 15 July.
Samuel Adams to Richard Henry Lee I have not lately received a Line from you, and am ready to impute it to the Multiplicity of Affairs in which your Mind is employed. You must not expect that I shall be able even with you upon the epistolary Score, for the
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Reason which I have heretofore given you. I wish to know from you the State of federal Affairs as often as your Leisure may admit. We organize our State Governments, and I heartily wish that their Authority and Dignity may be preserved within their several Jurisdictions, as far as may be consistent with the Purposes for which the federal Government is designed. They are in my Opinion petit Politi[ci]ans who would wish to lessen the due Weight of the State Governments; for I think the federal must depend on the Influence of these to carry their Laws into Effect; and while those Laws have for their sole Object the promoting the Purposes of the federal Union, there is Reason to expect they will have the due Support of the State Authorities. Places are now become the Object of Multitudes. *** ALS, Lee Papers, PPAmP. Written from Boston. The omitted portion recommends Leonard Jarvis, Israel Keith, and Edward Church for federal office.
Richard Law to Oliver Ellsworth Your Favour incloseing the Judiciary Bill not long since came to hand, have perused it and do not see but that it is well constructed, excepting the fixing the District Court so far from the Sea Coast, as the Business of that Court tis probable will consist chiefly of Admiralty & Maritime Matters & Seisures for transgressing the Import Laws all which necessarily arise on the Sea Coast. The Principle Sea ports one would naturally imagine would be fix’d upon as the most convenient & proper situation for holding those Courts. N[ew]. London or New Haven or at each alternately would have been suitable for that purpose. I observe, That appears to have been the governing principle in fixing that Court in all the other States, as to the Circuit Courts perhaps it is best to have it more central in the State as Causes from the Common Law State Courts may be carried there, for which Reason I presume it is that in the other States you have in some instances fixed the District Courts at a different place from the Circuit Courts. *** Transcript, Ernst Law Papers, CtHi. Written from New London, Connecticut.
Benjamin Lincoln to John Adams I had the pleasure a few days since of receiving your kind favor of the 19th. Ulto. When I first saw the new constitution I was very apprehensive that the President would not be able to maintain his ground and to preserve such a
14 JULY 1789
1029
stand, on the stage of our political theatre, as to keep up that equilibrum essential to our enjoying all those blessings which are derived from a constitution in which the powers of the first magistrate are sufficient to ballance the other branches. If our constitution shall, on trial, be found defective in this respect, it should be mended as soon as may be. In the mean time we ought to be exceedingly attentive that we avoid every thing which may have a tendency to enervate and reduce those degrees of influence which the President which may derive from the present government. I hope and trust that there will not exist in either house a wish to invade the right of the other or a desire to press upon the prerogative of the first Magistrate, their caution, in this point, will have its influence, and their conduct will give a tone to the actions of the citizens at large, who ought to know in what their real interest lies, and that the moment they are so far duped as to put an entire relyance on the popular branch, they may date their ruin; and they will know, when it is too late, that they have been jockeyed out of their reason and rights, by men who wanted either better information or better hearts. *** It is unfortunate for us and it may be so for the union that such leading characters as Mr. [ John] H[ancock]—and Mr. [Samuel] A[dams]—do not with more cordiality love and embrace the new constitution, they are considered by many as opposes of it and by all as men who wishing for such alterations as will essentially change it. They cannot, I trust, wish its annihilation. So far as I can judge from all I have seen and heard they want a constitution which, in my opinion, would be little more than a puppet and the play thing of the different States. Any thing which looks national or like a consolidation of the different State is thought to be one of the greatest evils which can befall us and to be avoided as such—We had better annihilate the new constitution at once then amuse and deceive the people with false ideas and groundless expectations which we shall certainly do if we suffer it to be garbled according to the wishes of all the sticklers for amendments. This will not do a national government we must have and that soon, I think we shall find it, notwithstanding the exertion of all its opposers, under our present constitution. If we can but once get our system of revenue into operation under officers, who shall not know any other rule by which to regulate their conduct than the laws of their country and shall banish from their minds every idea of temporizing, and that they are not legislators but meer executors of the law and can and will sacrifice to their duty every other consideration which may come in competition there with we shall have made great progress. We have to combat in this business long and deep rooted prejudices, and to do away the evils which have taken place in consequence of repeated popular elections—It is said that not more than one third of the duties are now collected, things must not remain so. No State can exist
1030
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without more punctuality frauds in the collection of the revenue must be pregnant with the most fatal evils as they will render abortive the best devised schemes of the most able financiers. and will soon destroy that good faith without which no people can flourish and be happy. As soon as our revenue laws are in full operation, we may consider the works as nearly done, for if the government is not opposed, in this tender point, and the officers of it are permitted to do their duty without interruption, as they will be here I presume, in the first instance, the novelty of the scene will be over and precedents after, will come in aid of law. Besides the moment the moment our long exhausted treasury shall be replenished, people, friends and foes, will look up to the government with respect and will flock to our national standard as to that of a successful potentate. I am very happy that the duty on molasses is reduced, I wish it could be farther so, for the draw back on molasses rum would have given us trouble, and especially if our duties could not be collected with more punctuality than such duties have heretofore been, I hope they will, I hope so because I know it ought to be. *** N. B. you will burn the above when you have read it. ALS, Adams Family Manuscript Trust, MHi. Written from Hingham, Massachusetts. Portions of the omitted text relate to Governor John Hancock’s alleged abuse of power and to the actions of the Massachusetts legislature.
John Page to George Washington As the Time is now almost arrived when you will proceed to appoint the Officers of Government, I can no longer refrain from mentioning such Persons to you as have requested me to do so on this Occasion. That I might not be troublesome I have contented myself with stating with their Names the Offices they wished for & the Person recommending them—I have taken the Liberty of inclosing a few Letters as explanatory of some of their Claims to Appointm[ent]. but presume not to trouble you with any Recommendations of my own. [Enclosure] Candidates Office solicited By whom recommended Andrew Ellicott at Geographer Mr. [David] Rittenpresent Assistant house & Dr. [ James] Geographer Madison Presidt. of Wm. & My. College, J. Page
14 JULY 1789 Robert Andrews A. M. Mor[al]. Profr. Philos. in Wm. & Mary College Majr. [William] Lindsay at present Naval Officer at Norfolk Abraham Archer now Naval Officer at York Town Captn. Saml. Eddins now Searcher at York Town Wm. Reynolds a respectable Mercht. at York Town Hudson Muse now Naval Officer at Urbanna Staige Davis now Searcher do. Jos. Jones do. at Tappahanock Jacob Wray now Naval Officer at Hampton General Edwd. Stevens Majr. J[ames]. Gibbon of Petersburg Captn. Baylor Hill Captn. Benj. Pollard both Merchts. at Norfolk Wm. A. Bayley do. David Meade Randolph Dr. Robt. Geddes of George Town [illegible] of Maryland
Judge of the Court of Admiralty
1031 John Page
Collector at Norfolk & do. Portsmouth do. at York
do.
Surveyor at York
do.
Naval Officer of that District
do.
Collector at Urbanna
Robert [Ralph?] Wormeley Esqr.
Surveyor do.
do.
do. at Tappahanock
Dr. [Newman] Brockenborough applies for no Office by Miles King Esqr. of but is recommended Hampton Collector or Naval Of- John Page ficer of some District do. Benjn. Harrison of Brandon do. refers to Col. Bland
applies for no Office but warmly recommended for any by Collector, Naval Officer or Surveyor do. in Maryland
Miles King Esqr. of Hampton Thos. Mann Randolph J. Page
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Simon Nathan of New York Captn. Thos. Lilly Captn. Frs. Bright
Collector or Naval officer in some Department of Government in the Navy or Custom House Boats
he States his own Pretensions in the inclosed Letter J. Page
ALS, Washington Papers, DLC.
David Stuart to George Washington *** Nothing could equal the ferment and disquietude, occasioned by the proposition respecting titles—As it is believed to have originated from Mr. Adams & [R. H.] Lee, they are not only unpopular to an extreme, but highly odious—Neither I am convinced, will ever get a vote from this State again. As I consider it very unfortunate for the Government, that a person in the second office should be so unpopular, I have been much concerned at the clamor and abuse against him—Perhaps I feel it more sensibly, from being reminded of my insignificant exertions for him, as an Elector—The Opponents to the government affect to smile at it, and consider it as a verification of their prophecies about the tendency of the government. Mr. [Patrick] Henry’s description of it, that it squinted towards monarchy, is in every mouth, and has established him in the general opinion, as a true Prophet—It has given me much pleasure to hear every part of your conduct spoke of, with high approbation, and particularly your dispensing with ceremony occasionally, and walking the streets; while Adams is never seen but in his carryage & six—As trivial as this may appear, it appears to be more captivating to the generality, than matters of more importance—Indeed, I believe the great herd of mankind, form their judegments of characters, more from such light occurrences, than those of greater magnitude; and perhaps they are right, as the heart is more immediately consulted with respect to the former, than the latter, and an error of judgement, is more easily pardoned, than one of the heart—I find the Senate in general, to be unpopular, and much censured for keeping their doors shut—Nor do they appear more fortunate for their disagreement with the lower House, on the subject of a discrimination—I can only say that I think, from what I have been able to learn, it would be a measure highly gratefull to every part of the State, but the British Merchants—But it may possibly be founded more in prejudice & resentment, than sound policy; and if experience should prove it so, I know it would be readily forgot, that it was a measure of their own and cen-
14–15 JULY 1789
1033
sure in abundance would follow—But without it, it is asked, what inducement can the British Court have to enter into any treaty at all with America, when her commerce is as much favored with out one, as that of any nation which has a treaty? *** ALS, Washington Papers, DLC. Written from “Abingdon,” Fairfax County (in present day Arlington County), Virginia. Part of the omitted text concerns a federal office for Thomas Nelson (b. 1764) and mentions Page as someone who can provide information about his qualifications. For the full text, see PGW 3:198–202.
Other Documents
Thomas Hartley to Jasper Yeates. ALS, Yeates Papers, PHi. Addressed to Lancaster, Pennsylvania. “The permanent Seat of Congress it is probable may be spoke [lined out] of when an adjournment shall be moved for. but which may be selected as the happy Spot is very uncertain—as soon as this Business begins to ripen I will give you Notice and probably may give an Intimation” to William Hamilton; the Collection Bill [HR-11] will “meet with but little Difficulty in the Senate.” James Madison to Richard Peters. No copy known; acknowledged in Peters to Madison, 20 July. George Thatcher to Thomas Rice. No copy known; acknowledged in Rice to Thatcher, 11 August.
Wednesday, 15 July 1789 Cool (Johnson)
Thomas Hartley to Jasper Yeates *** As to laying Duties upon imported Iron—such a Business could not be taken up soon—but whenever the Congress shall review their Impost Law and or pay a regard to the advancement or Protection of American Manufactures the Subject will properly come forward & I shall be very happy if I can give any Assistance to the Plan which you may propose.
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The Collection Bill yesterday passed our House—and after all rather in a Hurry—We probably shall go on more rapidly than we have done. ALS, Yeates Papers, PHi. Addressed to Lancaster, Pennsylvania.
James Madison to Edmund Pendleton I am particularly obliged by your favor of the 3d. which incloses your remarks on the Judiciary bill. It came to hand yesterday only, and I have not had time to compare your suggestions with the plan of the Senate. Nor do I know the alterations which may have taken place in it since it has been under discussion. In many points, even supposing the outline a good one, which I have always viewed as controvertible, defects and inaccuracies were striking. It gives me much pleasure to find your approbation given to the decision of the House of Reps. on the power of removal. This appears to be the case with several of our friends in Virga. of whose sentiments I had formed other conjectures. I was apprehensive that the alarms with regard to the danger of monarchy, would have diverted their attention from the impropriety of transfering an Executive trust from the most to the least responsible member of the Government. Independently of every other consideration, the primary objects on which the Senate are to be employed, seem to require that their executive agency should not be extended beyond the minimum that will suffice. As the Judiciary tribunal which is to decide on impeachments, they ought not to be called on previously, for a summary opinion on cases which may come before them in another capacity. And both on that account, and the necessity of keeping them in a fit temper to controul the capricious & factious counsels of the other Legislative branch, they ought to be as little as possible involved in those questions of a personal nature, which in all Governments are the most frequent & violent causes of animosity and party. You will find in one of the inclosed papers the act imposing duties as it finally past. The collection bill has passed the H. of Reps. and awaits the last hand of the Senate. It is very long, and has cost much trouble in adjusting the regulations to the various geographical and other circumstances of the States. It is in many respects inaccurate & dificient but may do to begin with. We have endeavored to make the part relating to Virga. a little more palatable than the late State Laws. On Rapph. [Rappahannock River] vessels are to report at Urbanna, enter at Hobbs hole [Tappahannock], and deliver at any of the ports including Fred[ericksbur]g. & Port Royal, and foreign as well as American vessels. The like on the other rivers. [P. S.] I have recd. your favor of the 15th. relating to your Nephew [Nathaniel Pendleton, Jr.] of Georgia & shall pay due attention to the subject of it.
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ALS, Madison Papers, DLC. On the same date, Madison wrote a similar letter to Edmund Randolph, stating that the House’s decision on the President’s power of removal met with James Monroe’s approval, “I am told” (ALS, Madison Papers, DLC. Addressed to Williamsburg, Virginia. For the full text, see PJM 12:291.)
William Smith (Md.) to Otho H. Williams I have yours, dated I believe the 10th, to which, not having it in my possession, I cant ensure particulary—I have also reced. that by Mr. [Henry] Carbery, who I would be glad to serve, on your recommendation, had I the power, but I do not know any thing I can do for him—The collection bill was sent yesterday to the senate, & I presume every Step possible will be taken to expedite its passage into a law before the first of August, no doubt it will have many imperfections, & will require explanations & amendments. the comission for collecting the impost, I believe I told you in my last, was finally fixed at one half % Cent, which I think much too low, even for the great ports of Philada. & New York. The fees of office are high enough, The uniting the Coll[ecto]r. & Naval office in one house, was intirely contrary to my opinion, as well as that of many others, perhaps it may yet be altered by the senate, to some of whom it has been mentioned. I think if Such a check can be useful, they ought to be as seperate & distinct as possible, & not even known to, or knowing each other, I apprehend on the passage of this law the president, will immediatly proceed to make the appointments—Yesterday the question was taken up in the senate, on the bill for forreign affairs, whether or no the president, shall have the power of removal—I understand, it was warmly debated, but not yet decided, Lee, & Johnson, were the Speakers for Striking out, Ellsworth & Carroll, the Champions on the other side—it is thought that house will be nearly devided, on this head. I do not keep any coppies of my letters here but I think I have wrote you several letters within the time you mention, perhaps they had not reached Balt. before the date of yours. ALS, Williams Papers, MdHi. Written from “City [Federal] Hall”; addressed to Baltimore; carried by Mr. Hayes.
Other Documents
John Adams to John Jenks. FC:lbk, Adams Family Manuscript Trust, MHi. Addressed to Salem, Massachusetts. Office seeking: Joseph Hiller for naval officer at Salem; advises applying directly to the President; apologizes that his “indispensible duties” prevent him from doing more; “the opinion and judgment” of the Senators
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CORRESPONDENCE: FIRST SESSION
and Representatives are superior to his own in such cases, and ought to be preferred; will speak in Hiller’s favor “if a fair opportunity presents.” John Adams to Thaddeus Burr. FC:lbk, Adams Family Manuscript Trust, MHi. Addressed to Fairfield, Connecticut. Office seeking: Samuel Smedley for collector of Fairfield; recommendation of Connecticut Senators and Representatives will have more weight with the President. Mary Butler to Weeden Butler. ALS, Butler Letters, Uk. Senator Butler was confined to the house until this morning because of the leg injury when he was thrown from a chaise; “his companion [Huger] had his leg fractured in the most cruel Manner and his life is despaired of”; he is writing with the “Politicks and proceedings of Our new Government”; “My being here in a publick line leaves me not altogether so much Mistress of my own time as I am obliged to enter more into the parade of ceremonious Visiting than is agreeable to my disposition which inclines more to a small circle of friends where conversation is less restrained and more rational.” Thomas Fitzsimons to James Searle. ALS, Fogg Collection, MHi. Addressed to Philadelphia. Effective date of Impost Act [HR-2] and drawbacks on wines. Benjamin Huntington to William Ellery. No copy known; acknowledged in Ellery to Huntington, 21 July; enclosed newspapers. Benjamin Huntington to Oliver Ellsworth and William Samuel Johnson. ALS, Collector 63(1950):item 183. Office seeking: applicants for federal revenue offices in Connecticut who “are better known to me than to any Gentleman of the Senate.” Henry Knox to Constant Freeman. FC, Knox Papers, Gilder Lehrman Collection, NHi. “You judge truly I presume when you suppose that it will be some time before Congress will encrease their military establishment I presume there will not be any military establishment but it will not be extended beyond such as shall be indispensibly necessary, and as have [been] acknowledged by all reasonable men—The exigencies of government therefore will regulate this point entirely.”
15–16 JULY 1789
1037
Christopher Leffingwell to George Washington. ALS, Washington Papers, DLC. Written from Norwich, Connecticut. For the full text, see PGW 3:208–9. Office seeking: collector for Norwich; mentions Connecticut’s Senators and his intimate acquaintances Huntington, Wadsworth, Trumbull, and Sturges as references. Thomas Mifflin to John Langdon. ALS, Langdon Papers, NhPoA. Written from Philadelphia. Acknowledges receipt of the letter he shared with Captain Nathaniel Falconer; the latter’s gratitude “exceeds his Powers of Expression”; encloses copy of a certificate on Falconer’s behalf, which Mifflin has also sent to the President (see PGW 3:148n) and to Senator Morris; hopes to receive the Langdons “at Schuylkile.” Richard Tilghman to Richard Bassett and George Read. ALS, Rodney Collection of Read Papers, DeHi. Written from Chestertown, Maryland; carried by Thomas Tennant. The bearer has brought a cargo of corn to New York City on behalf of Edward Tilghman and is empowered to ask the Senators’ opinion about how best to sell it; if he sells, he will lodge the money with one of you.
Thursday, 16 July 1789 Cool (Johnson)
John Adams to James Lovell There is no such point in dispute, as that you mention in your favour of the 9th. The only question is concerning the title of the first man. All the world sees the absurdity. and feels the humiliation of giving the titled of excellency, which is only a provincial or diplomatic title of the lowest order, to a great Prince vested with the whole executive authority of Government in a nation, who sends and receives ambassadors, who nominates and appoints Generals, Admirals and even Govenors of the western territory at least. Every body indeed feels the absurdity of giving the title of highness to an office whose dignity and authority can have no other adequate title than that of Majesty. But as the nation has not digested this subject, the family1 and the world call him “The General.” so that the first civil and political magistrate in a nation is to be called by the military title of a provincial Brigadier—
1038
CORRESPONDENCE: FIRST SESSION
Did you ever read Shenstones School mistress, in immitation of Spencer? if you have you have there seen an authority. very much to the purpose, which I wish you would request [Benjamin] Russell to put in his excellent centinel [The Massachusetts Centinel].2 *** The executive authority is called “the prince” and we shall never have our equal station with other nations untill our national executive, has a Princely title. If you give him only a diplomatic title he will be ranked with ambassadors—if a provincial one, he will be levelled with govenors of Colonies and Generals of armies but never with the first Magistrates of other nations. Mr. Sturgis Gorham, I doubt not from your recommendation, would make a good collector, but his representations and sollicitations must be transmitted to the President by himself or friends. Otis’s prognostication, and Sturgis’s event of eminence,3 has amounted to just nothing at all. a sp[l]endid pompous nothing. an office that between you and me Brother Wingate or Macclay, might execute as well as, Cecil, Chatham [William Pitt the Elder], Sully, Colbert or Neckar. In the scale of rational existences or intelligent natures the Farmer of Pen’s hill or Stonyfield hill,4 hold in my philosophy, a rank much superior to the Vice President of Richmond Hill, though you should give him the title of Eminence, Highness or Holiness. instead of that of Excellence. He has in short not the smallest degree of power to do any good either in the executive, legislative or judicial departments. A mere Doge of Venice.5 a mere “Teste de legno” or least you should not be an Italian “Head of wood” a mere mechanical tool to wind up the clock. The moment our country has wisdom to introduce a proper ballance of powers into their constitution they will cut off this head, and I myself should be ambitious of the honor of weilding the ax. Our Countrymen are Romans and Spartans only in theory. The idea of two Consuls or two Kings they cannot comprehend; nor is it proper they should. Their hearts and whole habits are against their own ignorant republican ideas. farewell my dear friend and write of as often as you can to the honest Monarchical republican. FC:lbk, Adams Family Manuscript Trust, MHi. Addressed to Boston. Washington’s aides composed his official family. Adams included here the poem that appears in his letter to Benjamin Rush, 5 July, above. 3 Lovell wrote (9 July) that Gorham’s application to Adams was prompted by the latter’s elevation to “eminence,” as James Otis, Jr., had once predicted. 4 Local names for the estate in Quincy, Massachusetts, that Adams bought in 1788. It was also known as “Peacefield.” 5 The Republic of Venice’s head of state, elected for life but largely a figurehead. 1 2
16 JULY 1789
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Samuel Chase to Richard Henry Lee *** I do not think the Trial by Jury is secured in Criminal Causes, a[nd] in such Cases I would [draw] a Jury from the Place where the fact is committed; not from the Reason that a Jury may give a Verdict from their private knowledge, but because the Character of the accused ought to have Weight in the Decision of the Truth of the Charge agt. him. I am not in favour of a locality of trial in Civil Cases; for a local trial is generally attended with local prejudices. I highly approve of enlarging the Jurisdiction of the Courts of Common law and of amending the trial by Jury in Civil Cases for there wants no Amendment in Criminal Cases, as the law stood before the new Constitution. the Bill attempts to provide for the Defects in the Common law Jurisdiction as pointed out [by?] Judge [William] Blackstone, but the Defects in the trial by Jury [await? remedies]. the first object is to secure proper Characters for Jurymen. to effect this, take away all Exemptions, except of Clergymen. secondly. direct the Jurymen to be summoned by Rotation, to make the Burthen equal & easy—3rdly. direct the best & most capable only to be summoned & make the Qualification oppressively high, say 500£ & lay heavy penalties on the Returning Officer, & make it the Duty of the Judges to attend to the Return. 4thly.—direct a full Jury (say 36) to be Returned, and let the Parties, or if they refuse, an officer of the Court, strike a Jury in each Cause. 5th. Let the Verdict of Nine (or more) be taken, & if not unanimous let the Verdt. be signed by those who give it. 6th. Let the Court have a power to direct the Jury to give a [torn] verdict in every Case; and to order the C[oun]sil to draw up the suit. 7th. Let the Court have a power to direct a Case to be stated by the Counsil; & give a Writ of Error on a Case stated, as on a Bill of Exception. 8th. Let the Continuance of Causes be limitted, unless in the Cases mentioned, or with the Consent of both Parties. 9th. Give to the Courts power to amend any proceedings Before Verdict for the trial of the Merits—the Bill allows special Demurrers—this is wholly wrong. I differ with You greatly about the Court of Chancery. I hold most clearly that the two Courts ought to be separate & exercised by different Character[s]. both Courts are indispensably necessary to the due Administration of Justice. the Courts of Common law are bound by established powers of proceeding, & rigidly adhere to their Rules of Decision; which, though originally made for wise purposes have, in the Application, been frequently incompatible with, or not equal to, the principles of natural & universal Justice. besides the modes of proceeding in the Common law Courts, and the time that the Court & Juries can spare, are not adapted to the full Investi-
1040
CORRESPONDENCE: FIRST SESSION
gation of all the intricate and complicated Subjects of litigation, from the Increase of Commerce, of Wealth, & Luxury, & consequently the Variety in the Necessities, Judgments, View, & Craft of Mankind. crescit in orbe Dolus.1 The opinion of [Francis] Bacon,2 or [Edward] Coke, in the Infancy of the Establishment of the Court of Chancery, will not operate against that Court now acting by [lined out] System, governed by established Rule, & bound by precedents, unless Justice demands a Departure from them, & deciding by the same Rules of property as [torn] will see in 3 Black[stone] Com[mentaries]. 433–441 his Remarks on this Subject.3 If a Chancery Court is necessary, let its Jurisdiction be defined, if practicable, which I believe, and any Defects in its proceedings removed. by enlarging the Jurisdiction of the Common law Courts, and removing some of the Defects in the Jury trial, You of Course limit the Jurisdiction of the Chancery. by Men will resort to those Courts in which Justice is best, & speedy executed. The Great objections to the Chancery Jurisdiction, in my opinion, are two. 1st. That the proof of facts is by the Examination of Witnesses in private; & there is no Cross Examination, which is necessary to the Investigation of Truth. 2nd. That the facts are decided by the Chancellor, & not by a [torn]ly Removed by providing that the Commissioners take the Depositions in the presence of the Parties, or their Counsil, who may put any Questions they please. The second may also be remedied, by directing, that in any Cause where the Establishment of any one or more facts will be sufficient to decide the Matter in Dispute, the Chancellor shall, if requested by either party, direct an Issue, or Issues to be tried in the Courts of Common law, in a summary Way; and that the Chancellor may also, in his Discretion, on other collateral facts direct an issue; & the law may express the Desire of the legislature, that it be done in all Causes, where it is convenient & requested by the Parties. If the Jurisdiction of the Chancery is restrained, as by the Bill, it will be of infinite Mischief. In some of the States there are Chancery Courts, (as in this State) and if the State Chancery Courts exercise [torn] Courts, the Consequences are obvious. I hope You will excuse my thus trespassing upon your Time. I really feel an Anxiety on the Subject. with [a?] pure & good Administration of Justice the people may be secure in their Property, which is a greater object with the Bulk of Mankind than liberty. ALS, Lee Family Papers, ViU. Written from Baltimore. For the full text, see DHSCUS 4:468–71. A portion of the omitted text mentions Chase’s “despair of the Republic.” The identification of the recipient is based on the location of the manuscript, the handwriting on the docket, the longstanding friendship between the two men, and the content of the letter.
16 JULY 1789
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Deceit increases in the world. Sir Francis Bacon (1561–1626), English philosopher and lord chancellor, 1618–21. 3 Sir William Blackstone, Commentaries on the Laws of England (4 vols., 1765–69). 1 2
Henry Gibbs to Roger Sherman Your favor of the 1rst. Ult. came seasonably to hand as has also that of the 7th. Inst. the former inclosed the pieces under the signature of “a Citizen of New Haven” which I immediately handed to our Printers & which were publish’d in their papers of June 30th. & July 7th.1 I am far from wishing that the Beauty of our new System should be marred by the many preposterous Alterations which have been propos’d. but as it was adopted by some of the States in full Confidence that the subject of Amendments would be soon constitutionally enter’d upon, I hope Congress will not delay canvassing the matter any longer than their more important Business renders necessary. All Ambiguity of Expression certainly ought to be remov’d; Liberty of Conscience in religious matters, right of trial by Jury, Liberty of the Press &c. may perhaps be more explicitly secur’d to the Subject & a general reservation made to the States respectively of all the powers not expressly delegated to the general Government. These indeed may be tho’t by most to be the spirit of the Constitution, but there are some who have their fears that the loose manner of expression in some instances will not sufficiently guard the rights of the Subject from the invasion of corrupt Rulers hereafter. Some such explanatory & reserving Clauses may therefore without giving umbrage to the friends of the new plan of Government tend greatly to conciliate the minds of many of it’s Opponents. As to any essential Alterations neither time nor Capacity will allow of my forming an Opinion respecting them. We sympathise with you Sir, on the melancholly occasion of your Son’s [William] Death as also on the unfortunate Incidents of his Life & sincerely wish you that Comfort in your other Children which an all-wise Providence has in some respects deny’d you in the Deceas’d. We have lately made a little excursion into the Country, found our Friends at Concord all well. We are rejoic’d at the news of Sister [Rebecca] Sherman’s being in better Health & wish her a Confirmation of that desirable Blessing. *** I am desir’d by a Friend to ask you whether it is probable any thing will be done respecting the Domestic Debt before the expected recess of Congress. ALS, Sherman Collection, CtY. Written from Salem, Massachusetts. 1
[Massachusetts] Salem Mercury.
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John Langdon to Joshua Brackett My having had nothing new to Communicate has been the Reason of my not writg. you ere this; the Eternal debates of Congress engrosses all our attention, The Impost and Tonage Bills, are passed, the Judicial Bill which Includes the Admiralty Business has undergone a thorough Investigation, and will I suppose soon pass the Senate, It does not Comport with my Sentiments what the House will do with it I know not the Bill for Collectg. the Revennue, has passed the House, the Senate, will take it up to Morrow Manyuch important Business is before Congress The Judge of Admiralty, (by this Bill) is the District Judge; and one of the Circuit; (which I do not like) as the Admiralty should be kept Seperate If this Bill should take place; I am fearful some Law Character will be Insisted on by the President to be the Judge; I shall stand by my old Friend, in all possable ways. pray write me on this Business, and express fully your mind to me, Inter Nos, I shall be very happy to have this Business done to my mind. *** I intend See[in]g. you in September. ALS, Sturgis Family Papers, MH. Addressed to Portsmouth, New Hampshire.
Philadelphia Merchants to the Pennsylvania Delegation A Number of Merchants convened at the Coffee house in this City appointed us a Committee to correspond with the Representatives of this State upon the Subjects of the Bills now depending before Congress for establishing Light Houses &c. & the Collection of the Imposts. Having gaind what Information we could in so Short a time, & considerd the several Matters, we have to inform you—That the Bill for the Establishment of Light Houses is defective in not making provision for the Support of the public Piers which long Experience has shewn to be absolutely necessary in several Places on our River, to save Shipping from the Ice; in our River & which have been sunk at a great Expence. A Tonnage Duty was granted by our Assembly for defraying the Expences of [lined out] the Light House, Beacons & Buoys & Sinking those Piers—In full expectation that the Tonnage would continue long enough to complete them, a Contract was entered into for Sinking two Piers at Mud Island1 this Year, which, are now nearly ready to be sunk; & the Costs thereof are by Contract to be paid in different Instalments between this time & the 15th Novr. next—The Tonnage we find by the Impost Bill will cease on the first Day of August next; & by an Estimate furnishd us by the Wardens of the Port it appears, that there will be due for Sinking these Piers & maintaining the Establishment of the Light Houses Beacons Buoys & Repairs of the other Piers at Port Penn & Marcus
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Hook,2 upwards of £700—more than the Tonnage will defray before the first day of August—This Sum we apprehend ought to be provided for by Congress; as they, after that Day, will take the Revenue which heretofore provided for it, & but for them would be abundantly Sufficient for the purpose—The annual Expence of maintaining the Light House & other Accommodations for the Ease & Safety of our Navigation, you will find by the enclosd Estimate, also furnished by the Board of Wardens, will exceed £1500—which upon the same Principles the Congress should provide for. The Bill depending for this Purpose, before the house of Representatives, provides for the Support of Light Houses, Beacons & Buoys after Request & Cession by the States to Congress; but not in the Interim between the stoppage of the Duties & the Time of Request; nor for the Support of the Piers at any time—Our Legislature will not meet till the Day of August & then will sit so short a time, that it will, perhaps, be impossible to get a Bill thro’ the House to make the Cession to Congress of the Light House &c. hence there may possibly be a period of Six Months in which there will be no fund for maintaining it & an absolute Want of Money or public Credit for the unprovided Sum of £700 above stated to remedy these Inconveniences we have prepared the inclosed Draft of a Bill,3 inclosed in which provision is made for all Expences (unprovided for by the several States) which after the 1 Augt. next shall accrue for Piers, as well as the Light Houses, Beacons & Buoys; upon the States ceding them with the Lands &c. thereto belonging to the United States—this we apprehend is putting it upon a proper footing: for the Piers in our long, rapid River are as necessary as the a Light House at our Cape [Henlopen], or anywhere else; & as the Fund that built & Supported them is now ceded to Congress, they ought to Support them from the Moment the Revenue accrues to them. The Clause for erecting a Light House at the Entrance of Chesapeak is too we apprehend confininges the Business too much; we have therefore inserted, in our Draft a Clause upon similar Principles, for erecting Light Houses Beacons Buoys & Piers, wherever they shall be found necessary—this Draft with great deference we submit to your Judgment; & if you should approve the Principles of it, we request you will take the most properest Method of introducing it into your House; or if that cannot be done with Propriety, that you will endeavor to procure such Amendments in the depending Bill as will adopt our Pr[inciples]. The Clause in our Draft respecting Pilots provides that the subsisting Laws of the States, shall be in Force till altered by Congress, as well as those hereafter to be made; this Addition we apprehend not improper; especially as the Laws respecting Pilots were carefully revised & reduced to System, about a Year ago. & no Occasion of reenacting them yet appears. The Objections to the Law for collecting the Imposts arise from the Bill
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of Fees to be paid to the Officers of the Customs. We trust that the Virtue & Patriotism of the Merchants of Philadelphia will be suficient to render Smuggling odious & detestable in the Eyes of all the People, yet we acknowledge the Prudence of appointing Officers to inspect the Importations, & the necessity of providing those Officers with such a Support as will not leave them a pretence to increase it by improper means; but at the same time we wish to see as few Burthens imposed on the fair traders as possible—We would just suggest a Hint that If every Oficer of Customs, from the highest to the lowest recievd Salaries & no were forbid under Severe Penalties to take any perquisites whatever, it might strike more at the Root of Corruption in their Department than any Mode that could be thought of; A But if this should be thought going too far we however concieved 1st. that the Fees should be very moderate, not exceeding the Value of the Services for which they are allowd, especially to those Officers who will also have Salaries or Commissions & 2d. That there should be no invidious Discriminations between our own & Foreign Ships & 3d. That all Officers whom the prudent Jealousy of Government shall think proper to employ as Surveyors, (or Watchmen, under any other Name) should be paid by f[ees] There is not perhaps a more grating Idea to the Mind of an honest Freeman than that he is obliged to pay the Spy upon his Conduct—& such an Officer being permitted to demand & recieve Pay from the Person whose Conduct he is to Watch, opens a wide door to Corruption—after these Hints we would instance in particular that the following Fees are too high—much higher than have been heretofore accustomd & beyond the Value of the Services to be performd. 1. for the Entry of a Ship not wholly owned by Citizens D[olla]r. 6 This extends to Vessels of all Dimensions & will be a heavy Burthen on all the small ones from, Bermudas the Bahamas & West Indies without any Benefit to our Revenue; foreign Vessels are already layd in the Tonnage higher than domestic—& we see no Reasons why another difference should be made in Favor of the Officers of the Customs, who as will appear hereafter will have Emoluments abundantly sufficient. 2 for the Entry of a Vessel of 100 Tons coming from a foreign Port & bringing Goods subject to a Duty Dr. 4 This includes all our own Vessels above 100 Tons, tho only ballasted with Salt or Coal, or having on board a single Package of foreign Goods—of Course scarce one in a year will be exempt—the Sum is higher than heretofore paid, whereas we think it should be lower—27/ is the Price here for the largest Vessels which enter. 3 for the Entry of a Vessel under 100 Tons under the last described Circumstances Dr. 3
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This includes all our own small Vessels coming from a foreign Port & having a single Package of foreign Goods or a Ballast of Salt or Coal. 4 for each Entry of all other Vessels D. 1 This includes all our Coasters with or without foreign Goods & if not limited by some other Words will comprehend all the small Craft in our Port which come from Jersey or Delaware—which will be a monstrous Grievance, many of them making more than 6 Trips in a Year, for Instance the Christiana Shallops. 5. for every Permit to unlade Goods 20 Cents This is 50 % Cent higher than heretofore—1/ is the present Price, they are printed Forms that cost abt. 1/6 for 100 the trouble of filling them up is trifling—some Vessels require more than 100 of them in each Voyage & there are few that do not require 6 or 8—we think the Price ought by no means to be higher than heretofore. 6 for every Bond to secure the Payment of Duties 40 Cents This is 50 % Cent higher than heretofore—2/ is the present Price They are printed & half bound in Books—& need not cost 5/ % 100 Copies— they may be so printed as to require no writing but the Names of the Importers & Sureties, & of the Vessel with the Sum—A Clerk could fill up several hundred in a day—the Price of 2/ has been heretofore complaind of for so small a Document—We think 20 Cents might be sufficient. 7 for every Permit to export Goods on which Drawback is allowd 30 Cents—There is 1 % Cent of the Duties withheld for the Expence of collecting &c. therefore this Fee should not be greater than the Service requires & we think 20 Cents sufficient. § here insert the Estimate. § Estimate of the Emoluments of the Collector & Naval Officer of Philada. upon the present Princyples of the Bill— 400 Foreign Entries at 45/ each all Sizes £900. 200 Domestic Entries above 100 Tons at 30/ 300. 100 Do. under 100 Tons at 22/6 112.10. 200 Do. without dutiable Goods at 7/6 75. If the River Craft from Jersey & Delaware are not expressly excluded, they will make 1000 or 1500 more of this last Description—The same Objection will lie at New York as to Jersey & Connecticut Craft—in Maryland & Virginia—in S. Carolina & Georgia, where the Produce of one State goes to its first Market in another 6000 Permits to unlade Goods at 1/6 £2450. 1000 Bonds to secure Paymt. of Duties at 3/ £2150. 500 Permits to export drawback Goods 2/3 £2£56.5£ £2048.15.
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One half to the Naval Ofr. £1024.7.6 One half to the Collector £1024.7.6 1 ⁄2 % Cent to the Collector on £150,000 Duties £1750.0.0 Collector £1774.7.6 There are several Documents which we apprehend necessary that are not here provided for— Bonds to produce Certificates of the landing of Drawback Goods in foreign Countries Certificates of the Growth & Product of American Goods shippd to foreign Markets especially to Britain & Ireland as required by their Statutes Bills of Health to Spanish Portuguese & Italian Ports. This Statement which we are convinced is far within the Bounds of the last Years Entries, will be much exceeded this Year & may will very probably greatly increase in a few Years shews the Propriety of a considerable Reduction at present, as it will be much easier to add a little than to reduce afterwards. After this begin at 8 in the other Half Sheet. 8. To each Surveyor for Services in any Vessel not wholly ownd by Citizens & having Goods Subject to Duty 4 Dr. 9 Do. in our own Vessels having Goods subject to Duty 3. 10. Do. in Foreign Vessels not having Goods subject to Duty 2. 11. Do. in our own Vessels not having Goods subjt. to Duty 1. The Duties of the Surveyor will be considerable & it will require an Officer of Integrity & firmness to perform them—he should therefore have a liberal Provision & we hope the Observations we have made above upon the Subject of his having a Salary & receiving no Fees will be well considered— perhaps £500 % Annum would be sufficient to induce men of unspotted Reputation every way qualified for the Office to undertake it in the largest Ports & proportionably less in the Smaller Ports—but if he is to have Fees the above are too high—We had 900 Entries last year, of which abt. 400 were foreign—the average therefore of the 4 Species will be 21⁄2 Dr. which is certainly within bounds & on 900 Vessels will be 2250 Dr. equal to £943.15 & will greatly increase even this present year—We think this should be lessend nearly one half, partly by equalizing the Fees & partly by a total Exemption of Coasters & small Vessels having no Goods subject to Duty. The Fees to the Inspectors seem large—these Men will probably not be taken from the middling Class of responsible Citizens but from the lower & 11⁄4 Dollars % Day is higher than such can earn at any Business—It would be very well to employ men of known Integrity & not admit any Person but with a good Character; if it was certain that such only would be employd yet 11⁄4 Dr. might be sufficient to procure them if constantly employd not be too great.
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here take the 1⁄2 Sheet A on both Sides to B A The Objections to paying Officers by Fees goes very strongly against Measurers, Weighers & Guagers—There will inevitably be a good Understanding between the Person employd & him who pays for the Service This will be cultivated & there is scarce any Integrity which can stand for a length of Time against personal Civilities & small repeated Gratuities—In all Countries there are Allowances made in Weight & Measure for waste of Articles on which Duties are paid—this Allowance should not be in the Discretion of the Officer because it leads to Favors & introduces Corruption; if 10 % Cent were allowd, the Weights & Measures might be exactly taken by the Officer & there would be no Deceit or Partiality—then it would not be improper to charge the holder the Price of weighing & measuring with the Duties; but by no means sufer the Officer to have any Money Transactions with the Owner of the Goods as it is the direct Road to Corruption—18 Cents is about the Usual Price for measuring Corn & Salt, the Measurer only finding the Measures & Striking it 25 Cents for Coal is more than it should be as the Measurer neither finds Measures nor strikes but only examines the Tubs used to see that they are exact & takes an Account of the number. 2 Cents % Cwt. is nearly double the present Price for weighing The Owners of our Scale houses have but 1d. % Cwt. for finding Scales Weights & Attendance to deliver an Invoice. 6 Cents % Cask for Guaging is not immoderate the usual Price is 6d. perhaps a Person who engrossed the whole Business of the Port would do it for 5 Cents or 41⁄2d. The Mode of ascertaining the Value of Goods to pay the Duties we apprehend is oppressive—the Addition of % Cent to the first Cost is greater than the Average Profit on Goods imported—Many Articles are sold at & under the first Cost & Freight being purchased merely to Ballast the Vessel & of those Goods that are imported for a Return of the Cargo very many will not pay a Freight & on some there is always a Loss, yet the Addition is to be made in all Cases alike—We concieve the first Costs should have been the Rule, for it Savours of Severity to Tax the fortuitous profits of an Adventure. B A We Submit to your Consideration the Expediency of changing the Mode of recompencing the officers of the Customs, by Substituting fixed Salaries, instead of Poundage & Fees for the Delivery of certain Specified Documents. For, it would be highly beneficial to Commerce to be as unfetterd as possible in its Operations, & that all the Custom house Papers necessary for its various Transactions should be furnished without Fee or Reward. Besides, the Increase of Commerce, in the Course of Time, might form Such an Accumulation of Fees, as would render an officer’s appointments, Lucrative to Excess.
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It is the Foundation of a System, which has eventually been attended with very pernicious Consequences in other Countries. The legal Fees of office Soon begin to be exceeded the Excess constitutes a Gratuity, which, under the Specious Idea of extra Services, Expedition, or the appearance of Favor, becomes a Claim, Sanctioned by Custom, to the great Encouragement of collusive Practices in the Revenue & to the great Burthen of Commerce. As for Poundage, we are inclined to believe that it was originally intended as a consideration for Losses that might be incurred on the Receipt of Coin of various Denominations & Value, as well as doubtfull weight & which requird great Trouble & attention in the Receipt or Payment. But the Improvements of the present Times have taken away the Foundation on which this Species of Reward was built, some by the Establishment of public Banks & the Substitution of Paper, no Risk will be Run by the Receiver of Monies on public Account. Should the Demands of the Union require a much ampler Revenue to be drawn from Impost, (which Seems to be the favorite Recourse of Government) the Profits of the officer will far exceed his Earnings—But a Salary may be fixed which shall compensate constitute an ample Compensation for the Services required, to be estimated by the various Qualifications or Circumstances, necessary for the Execution & which should form the Title to Recompence & Reward. FC:dft, hand of Miers Fisher, Fisher Family Papers, PHi. The committee consisted of John Nixon, William Bingham, Magnus Miller, Tench Coxe, and Miers Fisher. 1 An island at the mouth of the Schuylkill River and the site of a major fortification guarding the Delaware River approach to Philadelphia during the Revolutionary War. 2 Port Penn, opposite Reedy Island, about fifteen miles south of Wilmington, Delaware, and Marcus Hook, about fifteen miles south of Philadelphia in Chester County, Pennsylvania, were small Delaware River towns. 3 This letter included a draft of a revised Lighthouses Bill [HR-12] which is printed in DHFFC 5:1251–52.
Roger Sherman to Simeon Baldwin I received yours of the 12th. Instant—you will see in the beginning of the 2d. page of [Thomas] Greenleaf’s paper [The New-York Journal] the fees allowed to the several impost officers the Collector is to receive besides his share of the fees a Commission of one per cent on all moneys received for duties—The business of a Surveyor is to go on board of all vessels, or send an Inspector on board to see that no goods are unloaded before entry & delivering a manifest. & to see that the Cargo agrees with the Manifest to deter-
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mine the Tonage of Vessels, Super intend the unlading—weighing measuring & gauging &c., to examine the proof of Spirits—It will be a troublesome office & the fees not Sufficient to support a family without other business. but would greatly interrupt professional business—& Collector is the best office. there is to be an Attorney to the district Court & the circuit Court one is to serve for both Courts to manage public prosecutions, he is to be appointed by the Court, but I dont know what will be the Emoluments of that office—It is difficult to know what is advisable, and more so, to know what is attainable—an office in the Court would be better than one in the customs—The Judiciary Bill has not yet been Sent from the Senate to the House of representatives. ALS, Sherman Collection, CtY.
Michael Jenifer Stone to George Washington Tho the inclosed Letters1 are directed to me—They seem intended to benefit Captn. [Henry] Carberry and I therefore think proper to lay them before you. The Writers are Gentlemen of Maryland of unblemished reputation—The veracity of each may be confided in. I presume sir you are no Stranger to that part of Captn. Carberrys Story which threw him under the displeasure of our Country.2 And he thinks it fortunate for him that you are acquainted also with the causes which urged his Conduct. Perhaps it may [be] as easy to admit his criminality as it is to discover it’s mitigation. And I own I can veiw the whole transaction without concluding he is unworthy of Future trust. Every American acknowledges the virtue of the army when it quietly dissolved into the Mass of Citizens— Unpaid dissapointed—Shattered—and poor. But no thoughtfull man will fail to felicitate his Country upon that Event—or forget the Causes which ensured it. From the accounts I have received of Captn. Carberry and from my short acquaintance with him I am convinced the thoughts of profits far less engage his mind than the wish to reestablish him in the confidence of his Country—His Spirrit naturally fosters the Idea with peculiar ardency. P. S. In a Letter from Col. Richard Barnes to me is contained a Character of Captn. Carberry similar to that in the enclosed. But being a Letter also of private intercourse I have retained it. ALS, Washington Papers, DLC. 1 Jeremiah Jordan to Stone, 3 June; Edward Plowden to Stone, 30 June; John Kilty to Seney, 7 July; John Davidson to Seney, 8 July; and Rainaldo Johnson to Contee, 8 July, all calendared under their respective dates, above.
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2 Henry Carberry of Maryland, a captain in the Pennsylvania Line, was considered a leader of the mutiny which spawned the military demonstration against the state Executive Council at the Pennsylvania State House on 21 June 1783.
Notes on the Collection Bill [HR-11] Section V Here a difficulty may often times arise by this mode of appointing the Inspectors, Gaugers &c, as the two Officers, who have such appointments in their power may disagree, with respect to the persons, and their is no umpire to decide—any disagreement in matters of this kind may be injurious to the Revenue as it may happen, that the Collector may have the fullest conviction, on his mind, that an officer has been guilty of Mal-Practices without having it in his power to prove the facts—In this case it would perhaps be difficult to displace or remove the party. VII directs that the Collectors shall transmit their Accounts for Settlement every three Months—and the Law allows the Merchant in some Cases 12 Months for payment of his duties. XIII the Inspectors being Constrained to remain on Board the Vessel, till she is discharged, is no security, against Smuggling—Because it is impossible for him to be on Duty all day, and to remain awake every night, till the Vessel is unladen. the greatest Security against goods being improperly landed, would be, to lock and seal the Hatches every evening, at sun set—and to annex a large penalty in case the seal should be broken— it is an easy matter to take an advantage of the Inspector if he should be obliged to lay on board the Vessel, by given him a Sleepy Potion in Beer or Ale, a pretty large dose of Laudanum, might be given in those Liquors, without creating the least suspicion in the Officer, as it could not be discovered by the taste. Section XV The Duties ought to be estimated on the cost of the goods at the place of exportation, without addition; after the words Packages & Commissions the word Insurance, & expences of Shipping, ought to be added. XVII The sum of 100 Dollars too high—50 Dollars to be paid at the time of entry would be enough—as the Merchant some times finds it difficult to raise that sum, especially if he should have Two or three entries to make in the course of a week—which is oftentimes the case. XIX The Merchant ought to be allowed at least 6 Days Grace, after his Bond becomes due, to enable him to make the necessary arrangements, for payment—after the words executors or administrators, the word assigns ought to be added. Section XXVII The fees for Entering & Clearing Foreign ships not enough—the smallest Foreign Vessel now pays in this port 62/—and
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those of 150 Tons and upwards £5.2.//—The fee for a Certificate ought here to be mentioned, as they are sometimes applied for to cancell Bonds in Foreign Ports The Inspectors ought to have stated salaries to induce them to Act with Fidelity—as the Securing the revenue depends in a great measure on their integrity—By the present system many of them will be unemployed great part of the year—The allowance for the Measurers & Weigh Masters is too small the former cannot possibly undertake the Business—if they do not mean to cheat the states by making faulse returns—The Inspectors should be obliged to produce a Certificate to intitle them to their pay from the Surveyor, (under whose immediate direction they must be) of the Number of Days they have Served on Board any Vessel. The Naval officer can do all his Business with one Good Clerk—as he will only have to Keep one Book—in which all the Manifests are to be recorded—and an Account of the respective Duties Kept—The Collector besides keeping a Similar Book, must also keep a Ledger, Cash Book and Book of Drawbacks and as he is to pay the inspectors, he must have a Book in which their accounts must be kept, all the Clearances, Bonds, and permits must be filled up, and the Indorsements on the Gaugers, Measurers, weigh Masters and Inspectors Returns, must be made in his office; of Course he must employ 2 or 3 Clerks more than the Naval Officer—an equal division of the Fees of Office cannot therefore be equitable—as it is more then probable that the Collectors extra Expences for Clerks will swallow up his Commissions, the Naval Officer’s situation will be the most eligable—The former of these Officers, will have all the responsibility, most of the labour, and must be accountable for all errors, & deficiencies on the receipts of Monies—and as he will be constantly confined to his office, to transact the publick Business it will be Necessary for him to employ a Confidential Messenger, to carry his orders, or directions to the respective officers, who are employed in the Custom House department—the Commission of half Per Cent is very low. Section XXXIV Directs that in case of Seizures the Collectors shall sue for the same in the Name of the United States—and in Case of Condemnation he shall distribute the Sum recovered according to Law—But it does not declare that the Court in which it is tried—or the person making sale of the effects, shall pay the Money into the Hands of the Collector, to enable him to comply with the Law. N. B. There is no provision made in the Bill for Granting Registers—or Bills of Health—and without the latter no Vessel is permitted to enter in any of the ports of Spain or Portugal—But is obliged for want of such document to perform a Quarentine of 40 Days—To Secure the Tonnage Money the Master of the Vessel should be obliged to Lodge [h]is Regester at the
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Custom House, and every Captain of a Vessel, should be constrained to have a lett pass—that the pilots might know that the Vessel had been properly entered & Cleared, at the Custom House—This may be the more Necessary, as the Merchants frequently do not wish to have it known, what kind of Cargo there is on Board their Vessels, which might be the case, if they were obliged to expose the Clearance to the pilot—The Law ought to determine whether such Merchandize, as the Members of Congress, Foreign Ministers, Charge D’Affairs, and Consuls may Import for their own immediate use, should be exempt from Duty—if they are not exempt, it ought to declare, whether such Characters, shall be obliged to swear to their Invoices or not. Ms in an unknown hand, Miscellaneous Manuscripts (U.S.), NHi. This is an analysis of the Collection Bill [HR-11] as passed by the House on 14 July. Its location, among papers once belonging to Morris, suggests that the Senate committee on the bill of which he was a member saw this document. It may have come with the letter from the Committee of Merchants of Philadelphia to the Pennsylvania Delegation, drafted by Miers Fisher and printed under this date above.
Other Documents
John Adams to Theophilus Parsons. FC:lbk, Adams Family Manuscript Trust, MHi. For the full text, see Theophilus Parsons, Jr., Memoir of Theophilus Parsons (Boston, 1859), p. 466. Suspects “Superior merit and better qualifications” will receive preference over incumbency in federal appointments; asks for Parsons’ thoughts on public affairs: “We want all the speculations of the ingenious as well as the prayers of the faithful, and, unless our Countrymen [are] more highly favored than their prejudices, passions, follies and errors and vices have deserved all will not extricate them from the castigating rod”; will show Parsons’ letter of 8 July to President Washington (copy, Washington Papers, DLC). John Adams to George Washington. FC:lbk, Adams Family Manuscript Trust, MHi. Written from “Richmond Hill,” outside New York City; carried by William Stephens Smith. For the full text, see PGW 3:212–13. Encloses two letters regarding unidentified office seekers from Massachusetts. Benjamin Contee to Levi Hollingsworth. No copy known; acknowledged in Hollingsworth to Contee, 28 July. Elbridge Gerry to John Wendell. No copy known; acknowledged in Wendell to Gerry, 23 July.
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Benjamin Lincoln to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. Office seeking: collector or naval officer; copies letter he wrote to Washington the same day (see PGW 3:213–14); “Is it possible sir that for the Union to suceed in the collection of the revenue without some check, other than what will be in the treasury board, on the tribe of officers who will have public monies in his hand.” Henry Marchant to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Newport, Rhode Island. Describes prospects for Rhode Island’s ratification of the Constitution; seeks a federal office, and for further recommendations refers to R. H. Lee, Ellsworth, and “others in the Senate, and in the Hon’ble. Assembly.” Letter from New York. [Portland, Maine] Cumberland Gazette, 24 July. This is probably a letter written by Thatcher to the newspaper’s editor, Thomas B. Wait. Compensation for President, Vice President, Senators, and Representatives.
Friday, 17 July 1789 Cool (Johnson)
John Adams to Roger Sherman I have read over with Pleasure, your Observations on the new federal Constitution, and am glad of an opportunity to communicate to you my opinion of some Parts of them.1 it is by a free and friendly Intercourse of Sentiments that the Friends of our Country may hope for Such an Unanimity of Opinion and Such a Concert of Exertions, as may Sooner or later produce the Blessings of good Government. You Say “it is by Some objected, that the Executive is blended with the Legislature, and that those Powers ought to be entirely distinct and unconnected, but is not that a gross Error in Politicks? The united Wisdom and various Interests of a nation Should be combined in framing the Laws, by which all are to be governed and protected, though it would not be convenient to have them executed by the whole Legislature. The Supreme Executive in Great Britain is one branch of the Legislature, and has a negative on all the Laws; perhaps that is an extreme not to be imitated by a Republic, but the Negative vested in the President by the new Constitution, on the Acts of Congress, and the consequent Revision, may be very useful to pre-
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vent Laws being passed without mature deliberation; and to preserve stability in the Administration of Government. And the Concurrence of the Senate in the Appointment to office, will Strengthen the hands of the Executive, and Secure the Confidence of the People, much better than a Select Council and will be less expensive.” Is it then “an extreme not to be imitated by a Republic, to make the Supreme Executive a Branch of the Legislature, and give it a Negative on all the Laws”? if you please We will examin this Position, and See whether it is well founded. in the first Place what is your definition of a Republic? Mine is this, A Government, whose Sovereignty is vested in more than one Person. Governments are divided into Despotisms, Monarchies, and Republics. A Despotism is a Government, in which the three Divisions of Power, the Legislative, Executive and Judicial are all vested in one Man. A Monarchy is a Government, where the Legislative and Executive Powers are vested in one Man; but the Judicial, in other Men, in all Governments the Sovereignty is vested in that Man or Body of Men, who have the Legislative Power. in Despotisms and Monarchies therefore, the Legislative Authority, being in one Man, the Sovereignty is in one Man. in Republicks, as the Sovereignty [lined out] that is the Legislative Power is always vested in more than one, it may be vested in as many more as you please. in the United States it might be vested in two Persons, or in three Millions or in any intermediate Number, and in every such supposeable Case the Government would be a Republic. in conformity to these Ideas Republics have been divided into three different Species, monarchical, Aristocratical and Democratical Republics. England is a Republic: a monarchical Republic it is true: but a Republic Still: because the Sovereignty, which is the Legislative Power, is vested in more than one Man. it is equally divided indeed between the one, the few, and the many: or in other Words between the three natural Divisions of Mankind in every Society; the monarchical, the Aristocratical and the Democratical. it is essential to a monarchical Republic, that the Supream Executive Should be a Branch of the Legislature, and have a Negative on all the Laws. I Say essential because, if Monarchy were not an essential Part of the Sovereignty the Government would not be a monarchical Republic. Your Position therefore is clearly and certainly an Error, because the Practice of G. Britain in making their Supreme Executive a Branch of the Legislative and giving it a Negative on all the Laws, must be imitated, by every Monarchical Republic. I will pause here if you please—but if you will give me leave, I will write you another Letter or two upon this subject. ALS, Foster Autograph Collection, MHi. Written from “Richmond Hill,” outside New York City. 1
See “A Citizen of New Haven,” 24 March, volume 15.
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Elbridge Gerry to Samuel Adams I requested Judge [ James] Sullivan to communicate to you my hearty congratulations on your election to the office of Lieutenant Governer, & am sure, you did not think it necessary to have any assurances of the utmost sincerity on the occasion. This will be delivered to you by Mr. [ John] Henry who is invited to establish a theatre in Boston. Mr. Henry is manager of the company, & his conduct in his profession gives general satisfaction. his company are likewise very reputable & will acquit themselves [lined out] acceptance, should it be consistent with the policy of Massachusetts to repeal the statute against such amusements so far as it regards Boston. to know what will probably be the sense of the Legislature on this occasion, is the object of Mr. Henry in going to Boston, & for this purpose he has desired a letter to you, as well as to ascertain your opinion on the subject. I know very well, that previously to the revolution, & during the war that established it, you was opposed to theatres, but what your sentiments now are I am not able to inform Mr. Henry. I believe we both agree in this, that if a theatre could be well regulated it is would afford not only the most rational & elegant amusement but also a school of morality; & I think we shall not disagree in another point, that the abuse of a thing is no argument against the use of it: but whether the probability is, that immoralities will be promoted & increased by such amusements, or if not, whether the abilities of the citizens of the metropolis are equal to them, are questions which I cannot undertake to determine. thus much I can say for Mr. Henry’s company, that they have not only gained reputation here in their profession, but have also carefully avoided giving offence to delicacy, or inculcating principles, by the choice of their plays, not strictly vertuous. there is one consideration I think in favour of admitting a theatre in Massachusetts, which is, that since the adoption of the new constitution it is less of a State & more of the component part of a nation then it ever was before, & this departure from its being a seperate society will be still increased. the consequence is, that its adherence to principles of policy so adverse to those of the rest of the Union, will wear the appearance with the latter of rigidity, & produce a discontent amongst such of its citizens as are desirous of these amusements which will soon evince the necessity of what will be called a more liberal police. how far such amusements, which are supposed necessary to polish the manners of citizens, may give those of other states an advantage in this point over the citizens of Massachusetts I cannot determine, but I think it not improbable that travellers will be apt to measure our comparative liberality of sentiment by a circumstance of this kind as much as by any other, & that the citizens of the other states will improve the oppertunity of pluming &
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exalting themselves by the comparison. these I consider as second[ary] considerations to those of promoting national vertue industry & œconomy, but still they are consideration[s] which assist in forming a national character. indeed theatres are admitted by the dutch who far transcend all the world for industry & œconomy, & who I believe have been very attentive to the cultivation of vertue, [on?] which their republick has more depended perhaps than any other. there is another consideration in favour of theatres which I think an important one, they admit of amusements which all may partake in, without destroying the necessary distinction of ranks & have thus the advantage of those which collect only citizens of particular or similar rank & wealth. the latter produces invidious distinctions hatred & discontents, whilst all ranks are pleased at the theatre, & participating alike in the pleasures appear to be of the same family & society uninterrupted by envy or mall[ice] in this veiw of theatres they tend to sweeten society wh[ich] is an important object. indeed they have the sanction of the union, for in this place they are attended by the supreme executive & Legislature of the U. States. another consideration in favour of theatres is, that amusements are indispensible to every class, & money spent this way will injure much less than at all houses taverns gambling tables &c. AL, Samuel Adams Originals, NN. The letter’s conclusion is apparently missing.
Benjamin Huntington to Anne Huntington I Recd. your letter of the 7th Instant by Capt. [ Jonathan] Culver and am happy to hear you are gaining Strength and hope you will be favourable to yourself I am fully Persuaded that your not Writing to me by the Packetts was no fault in you but it was a greater Disappointment to me that no body from the Family would Informe me what your State of Health was than any disinterested Person would be apt to Imagine I conceited you was growing more Ill and that no body would Informe me of it lest it Should give me trouble & Perhaps bring me home when my Presence would be of no service. I cannot say when I shall come home there is talk of adjourning in September which I hope will be the case and if it should be so I am in Hopes you will be well Enough to go with me to New Haven and make a Visit over to North Stratford a Week or two in October whilst the Assembly sits for I Suppose I must be there1 if I Come home in the fall before the Assembly Rises which will almost Destroy my whole happiness in coming home unless you can go with me & I hope you you will be able to Ride such a Journey in a Carriage and that it will advance your Health. It is very unexpected to be Obliged to be in this Place Six Months with-
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out Receiving a farthing Compensation for Time or Service but I hope all will be right at last and that I shall not have Occasion to Repent coming. I am in good Health and can Buckle my Shoes with less Trouble than I have for Some years Passd haveing in a great measure got Rid of the Gout & Some of my bulk tho’ but little of the latter nor am I Cured of the former nor do I Expect I ever shall. *** Suppose you don’t desire to hear any Thing about Politics & the Papers will tell you the News and what Fine Dinners were Consumed by the Cincinnati on the 4th of July a Time in which if their own Accounts of themselves may be Credited, they behaved themselves very well2—Give my love (for too my sorrow I have nothing Else which I Dare send) to the Children & Family. ALS, Benjamin Huntington Papers, CtHi. Addressed to Norwich, Connecticut; carried by David Nevins. The omitted text includes details of Huntington’s refusal to endorse, or to prevail upon Livermore to endorse, a letter of credit for Captain Bela Turner of New Hampshire. 1 Huntington was a member of the twelve man Council of Assistants, which served as an upper house of the state’s general assembly. 2 Accounts of the dinner appeared in NYDA on 6 July, in NYDG on 7 July, and in GUS on 8 July.
William Jackson to John Langdon You will not I am persuaded, my dear Sir, be offended with the freedom which dictates this letter—it is at once the result of personal regard, and public concern. A late decision of the Senate has occasioned much conversation, and, in my opinion, has excited a great deal of discontent among the Citizens—I mean the resolution to determine on the President’s nominations by ballot— it is regarded as repugnant to the words of the 2nd. section of the 2nd. article of the constitution which say that “he shall nominate, and by and with the advice and consent of the Senate shall appoint &ca.”—now it is alledged that a ballot will convey no advice, and can answer no purpose whatever but to mask the measures of faction, and destroy the responsibility, which that clause of the constitution was intended to secure—indeed it is contended by some that the President will not only be authorised, but called on, by his oath of office, to refuse a compliance with any negative which may be imposed by ballot—and to support this opinion they say that some meaning was certainly intended to be annexed to the word advice—and that the most obvious explanation of it must be that where the Senate differed from the President, in his nominations to office, they should, by assigning their
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reasons for such dissent, in the nature of advice, enable him to select a character exempt from their objections—and as this proceeding would preserve responsibility it ought strictly to be pursued—There is certainly a strong shew of reasoning in this opinion. My knowledge of the Gentlemen who compose your honorable Body, and the respect which that knowledge impresses, will scarcely permit me to communicate another sentiment which is very freely expressed by some of the Citizens: but, lest you should charge me with false delicacy, I will tell you, with frankness, that there are not a few who think that the Man who is not possessed of sufficient independence to rise in his place, and say this is right or that is wrong, as judgment and candor shall direct, is not qualified for a seat in the Senate of the United States. I do assure you, my dear Sir, that these observations flow purely from an anxious wish, on my part, to see the public mind impressed with the most respectful confidence in those who administer the government—and, if by any humble agency, I can contribute thereto, the strongest of my public passions will be gratified. ALS, Langdon Papers, NhPoA. Written from Philadelphia.
John Langdon to George Washington I have Recd. several letters from Eleazar Russell Esqr. who now is and has been for upwards of Twenty years past Naval Officer for the port of Portsmouth in the State of New Hampshire, and likewise from, Colonal Joseph Whipple Brother of the late General [William] Whipple who is now Collector or Impost Master for the Same port, in which they express their desire of being Continued in those Respective Offices, under the General Government, and have desired me to Mention their Names and Characters to the President of the United States, for Nomination if he should think proper. I therefore Sr. would beg leave to Recommend these Gentlemen as very Suitable for these Offices; of undoubted integrity, and who would be very Agreable to the people of that District. ALS, Washington Papers, DLC.
William Smith (Md.) to Otho H. Williams I delivered this morning to Capt. Simeon White the printed Journals of Congress, and three numbers of the debates [the Congressional Register], for
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your perusal & your friends. The Debates I do not wish to loose because it will break my set. Yesterday the question respecting removal from office by the President alone was determined in the senate in favor of the clause as sent from our house, the senate were equaley divided, when the Vice President gave the casting Vote. The Collection bill will be taken up by the Senate to day—I have put into Mr. [Charles] Carrolls hands sundry amendments, which were rejected with us. And we are to receive the Judiciary Bill on meeting of the house this morning—I understand it has undergone a considerable change from the printed plan, which you may have seen. At three oClock this afternoon, I proceed with a party, under the command of Mr. Benson, to West Point & do not expect to return before monday forenoon, Therefore you are not to expect to hear from me again before Next wednesdays post. I dont hear that any thing has yet been Said relative to Supplying the troops in the Western Country nor do I expect their will be any proposals, before the new arrangements take place; the great question of power being decided in Congress, I presume the bills establishing The three great departments, will be enacted into laws, in all next week, when probably that business will be taken up. The house of Representatives yesterday decided on the Bill for fixing the compensation to the President &ca. finally the Presidents allowance was rated at 25,000 dollars in full of House rent, Secys. Clks., Horses Carriages &ca.—V. P. 5,000. Speaker 12 Dolls. % Day, & the members of both houses at Six Dollars. P. S. The enclosed bill paper will Shew you the black list which ought to be provided for in 891—The impost bill will I expect raise abt. 2,500,000 Drs. ALS, Williams Papers, MdHi. Addressed to Baltimore. 1 The committee report and “estimate of supplies requisite for the service of the United States, in the year 1789” is printed in DHFFC 4:55–58. It appeared in NYDA on 16 July.
Newspaper Article We are informed that Mr. Leonard Harboh [Harbaugh], an ingenious mechanic from Baltimore, exhibited to the inspection of many of the members of both houses of Congress, three new inventions of machines for the following purposes, viz.
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1. A machine for cutting grain; this is fixed on two wheels, and is to be set in motion by one man, who it is said will be able to cut 3 acres of wheat per day. 2. A machine for clearing docks, &c. of different principles from any ever yet invented. 3. A Machine for threshing Grain; this is to be set in Motion by a Horse, or by Water as most convenient. It consists of a threshing floor and sixty-six flales, and it is thought, on a moderate computation, will thresh as much as forty men in the ordinary way. The specimens above mentioned are only in miniature; it is therefore impossible to ascertain the real value of the discovery: but many persons of judgment conclude that each machine may be of great utility. The inventor has petitioned Congress for an exclusive priviledge of making and vending the said machines, which will undoubtedly be granted. NYDG, 17 July.
Newspaper Article Friday last a number of members of the Honourable the House of Representatives of the Congress of the United States, set out on a party of pleasure to take a view of West-Point and the Hudson river, on board of Captain North, of this place. They ran in a few hours to the point; and on Saturday morning, the wind continuing from the southward, Captain North came up to this place, where the members landed at 11 o’clock, and walked to the town. After staying a few hours they returned on board the sloop, and between nine and ten o’clock the same evening, set out on their return to the city. The members on this party were Mr. Ames, of Massachusetts; Mr. Fitzsimons, of Pennsylvania; Mr. [D.] Carrol, Mr. Smith, Mr. Seney, and Mr. Gale, of Maryland; Mr. White, Mr. Lee, and Mr. Moore, of Virginia; and Mr. Benson, of New-York, representative from the district of Duchess and the upper part of Westchester. NYDA, 27 July, reprinted from the [New York] Poughkeepsie Journal, 21 July; also reprinted at Fredericksburg, Virginia.
Other Documents
Robert Morris to Gouverneur Morris. No copy known; acknowledged in Gouverneur to Robert Morris, 3 February 1790.
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Robert Morris to Mary Morris. ALS, CSmH. Addressed to Philadelphia. Supposes that he and their son Thomas will dine at “Morrisania” on Sunday; intends an appearance “at Court” later this day; anxiety about the reason for not receiving any mail from Gouverneur Morris; hopes to adjourn by September; the letter is to be delivered by Bassett; “He is a worthy man, ask him to Dine or Drink Tea if Convenient”; Morris asked Mrs. [William (Ann)] Constable to sew buttons on his shirt collar. William Reily to George Washington. ALS, Washington Papers, DLC. For the full text, see PGW 3:227. Office seeking: revenue office at Baltimore; mentions Smith (Md.) as a reference. Martha Walker to Fisher Ames. ALS, Ames Papers, MDedHi. Written from Boston. For the full text and background information on this petition, see DHFFC 7:36–37. Solicits Ames’s support for her petition to Congress seeking compensation for money and supplies provided by her deceased husband, Thomas, during the Revolutionary War. James Wilson to Robert Morris. ALS, Washington Papers, DLC. Written from Philadelphia. Office seeking: Samuel Caldwell for port surveyor in Philadelphia.
Saturday, 18 July 1789 Cool (Johnson)
John Adams to Roger Sherman In my Letter of yesterday, I think it was demonstrated that the English Constitution is a Republic, and that the Regal Negative upon the Laws is essential to that Republic: because that without it, that Government would not be what it is a monarchical Republic and consequently could not preserve the Ballance of Power between the Executive and Legislative Powers, nor that other Ballance, which is in the Legislature between the one, the few and the many, in which two Ballances the Excellence of that form of Government, consist. Let us now enquire, whether the new Constitution of the United States is, or is not a monarchical Republic, like that of G. Britain. The Monarchical,
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and the Aristocratical Power, in our Constitution, it is true are not hereditary: but this makes no difference in the nature of the Power, in the nature of the Ballance, or in the name of the Spirit of Government. it would make no difference in the Power of a Judge, or Justice, or General, or Admiral, whether his Commission were for Life or years. his authority, during the time it lasted would be the same, whether it were for one year or twenty, or for Life, or descendible to his eldest son. The People The Nation, in whom all Power resides originally, may delegate their Power, for one year, or for ten years, for years or for Life or may delegate it in fee simple, or fee Tail, if I may so express my self or during good behaviour, or at Will, or till further orders. A nation might unanimously create a Dictator or Despot, for one year, or more, or for Life, or for Perpetuity with hereditary descent. in Such a Case, the Dictator for one year, would as really be a Dictator during the Time, his Power lasted, as the other would be whose Power was perpetual and descendible. a Nation in the Same manner might create a Simple Monarch, for years, Life or Perpetuity, and in either Case the Creature would be equally a Simple Monarch during the Continuance of his Power. So the People of England might create King, Lords and commons, for a year, or for Several years, or for Life—and in any of these Cases, their Government would be a monarchical Republic, or if you will a limited Monarchy, during its continuance, as much as it is now, when the King and Nobles are hereditary. They might make their house of commons hereditary too. what the Consequence of this would be it is easy to foresee but it would not in the first moment make any change in the legal Power nor in the name of the Government. Let us now consider what our Constitution is: and see whether any other name can with propriety be given it: than that of a monarchical Republic, or if you will a limited Monarchy. The Duration of our President is neither perpetual nor for Life, it is only for four years: but his Power, during those four years, is much greater than that of an Avoyer, a Consul a Podesta a Doge, a Statholder,1 nay than a King of Poland. nay than a King of Sparta. I know of no first Magistrate in any Republican Government except in England and Neuchattel,2 who possesses a constitutional Dignity, Authority and Power comparable to his. The Power of Sending and receiving Ambassadors of raising and commanding Armies and Navies, of nominating appointing and commissioning all offices—of managing The Treasures, the internal and external affairs of the nation—nay the whole Executive Power, co extensive with the Legislative Power is vested in him and he has the Right and his is the Duty to take Care that the Laws be faithfully executed. These Rights and Duties, these Prerogatives and Dignities, are so transcendant, that they must naturally and necessarily excite in the Nation all the Jealousy, Envy, Fears, Apprehensions and opposition, that is so constantly observed in England against the Crown.
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That these Powers are necessary I readily Admit. That the Laws cannot be executed with out them: that the Lives, Liberties, Properties and Character of the Citizens cannot be Secure, without their Protection is most clear. But it is equally certain I think that they ought to have been Still greater, or much less. The Limitations upon them, in the Cases of War, Treaties, and Appointment to Office and especially the Limitation, on the Presidents Independence as a branch of the Legislature, will be the destruction of this Constitution, and involve us in Anarchy, if not amended. I shall pass over all these particulars for the present, except the last: because that is now the Point in dispute between you and me. Longitude and the Philosophes Stone,3 have not been sought with more Earnestness by Philosophes, than a Guardian of the Laws has been Studied by Legislators from Plato4 to Montesquieu. but every Project has been found to be no better, than committing the Lamb to the Custody of the Wolf, excepting that one, which is called a ballance of Power. a Simple Sovereignty, in one, a few, or many has no ballance, and therefore no Laws. a divided Sovereignty without a ballance, or in other Words, where the division is unequal is always at War, and consequently has no Laws. in our Constitution the Sovereignty, i.e. the Legislative Power is divided, into three Branches. The House and Senate are equal, but the third Branch, tho essential is not equal. The President must pass Judgment upon every Law—but in Some Cases his Judgment may be overruled. These Cases will be Such as attack, his constitutional Power, it is therefore certain he has not equal Power to defend himself, nor the Constitution or the Judicial Power, as the Senate and House have. Power naturally grows. Why? because human Passions are insatiable. but that Power alone can grow which is already too great, that which is unchecked. that which has no equal Power to controul it. The Legislative Power in our Constitution, is greater than the Executive, it will therefore encroach—because both Aristocratical and democratical Passions are insatiable. The Legislative Power will increase, the Executive will diminish. in the Legislature, the Monarchical Power is not equal, either to the Aristocratical, or democratical—it will therefore decrease, while the others will increase. indeed I think the Aristocratical Power is greater than either the Monarchical or Democratical. that will therefore Swallow up the other two. In my Letter of yesterday, I think it was proved, that a Republic might make the Supream Executive an integral Part of the Legislature. in this it is equally demonstrated as I think, that our Constitution ought to be amended by a decisive adoption of that Expedient. If you dont forbid me, I shall write you again. ALS, Foster Autograph Collection, MHi. Written from “Richmond Hill,” outside New York City.
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1 Avoyer was the French title for the chief magistrate of some of the Swiss cantons. Consul was a title first applied to the two annually elected magistrates who jointly exercised supreme authority in the Roman republic. The podestà was a similar magistrate in medieval Italian towns. The doge was the Venetian Republic’s chief magistrate. The stadtholder was originally the viceroy of a province of the Netherlands and, after independence from Spain in 1648, the chief executive of the United Provinces. 2 Granted its independence from the French throne in 1648, Neuchâtel chose to be an autonomous principality within Prussia from 1707 until it became a canton in the Swiss Confederation in 1815. 3 The philosopher’s stone was a mythical element which medieval alchemists believed would convert base metals into gold. 4 Plato (427?–347 b.c.) was a Greek philosopher whose dialogue The Republic described the first Utopia in Western literature.
Jeremy Belknap to Paine Wingate I have duly recd. your kind favr. & am very thankful for the expressions of affection & friendship which it contains. It is really a very great satisfaction to me that I enjoy the favourable opinion of a Person of your judgment & Character, & I hope it will prove a stimulus to me to endeavor to deserve it. The body to which you belong is truly respectable & its transactions must be very important not only to the present but to future generations—This idea so strongly impresses my mind that I feel a kind of veneration for every one of its productions, as being the deliberative wisdom of this whole Continent which is every day rising into vigor & manhood & taking rank among the most celebrated republicks of the world. I feel a kind of national pride in being a member of this republick & in the thought that such great & worthy Characters as Washington, Adams &c. &c. are my fellow Citizens— and I am persuaded there are many others who think just as I do—how happy is it that we can feel a Confidence & a pleasure in a Government which we have established! My fervent wish is that we may find among us public virtue enough to give it that support & energy which are necessary to its answering the End for which it is created—May heaven preserve that Union, that spirit of conciliation & mutual concession which by your account has hitherto happily prevailed among you. it is an Omen for good—it is a fruit of the wisdom wh. is from above which you know among other attributes is “gentle & easy to be entreated.”1 There is one idea which has for many years dwelt upon my mind & that is the very great utility of preserving in public repositories those publications which tho’ in many hands while recent yet after a lapse of Time become scarce & are more valuable from their scarcity. I apprehend it may not be unworthy the attention even of Congress to gratify the Taste which many enquiring Geniuses may have to persuse the transactions of this period in some future Time—& I submit it to your Consideration whether if that ho-
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nourable body were to furnish every public Library upon the Continent with Copies of its Journals (including those of the former Congresses) & acts & other publications which may be made by its order it would not be shewing a decent regard to such beneficial Institutions, at a very little expence—I know not whether there be any provision that the Secretary’s Office in each state be furnished with Copies of such papers—they may be very useful in such a deposit, but Literary Societies may receive benefit from them as well as political. You speak of seeing us here in Sepr. & I should be very happy to have the opportunity, but is it possible to get so far thro’ the business of the Nation by that Time as to give yourselves a recess? or is it your intention to get leave of absence for a Time? *** I have nothing new to tell you of a political nature. Will you be so good as to let me know what is done or likely to be done respecting the bill for securing literary property? ALS, Gratz Collection, PHi. Written from Boston. Part of the omitted text discusses an enclosed (unlocated) letter from Christopher Toppan to Wingate on a theological dispute. 1
James 3:17.
Elias Boudinot to George Washington Coll. [ John Noble] Cumming and Mr. Ezekiel Forman having made application to be considered as Candidates for the Offices of Marshall of New Jersey & Pennsylvania, I have been prevailed on to mention them to you, being enabled by an long Acquaintance of many Years, to give their true Characters for your Consideration. Coll. Cumming is a Man of a liberal Education, great activity and I verily believe of a most unblemished reputation—His Qualifications for that Office, is not to be questioned and I have no doubt, if he should meet with Success, it would give general Satisfaction thro’ the State of New Jersey. Mr. Forman was bred a Merchant, but for 20 Years past has led the Life of an industrious active Farmer—His Knowledge & great decision in Business, added to his gentlemanly Behaviour, rendered him an able Sheriff in Maryland for some Years, before the late War, and I have the utmost Confidence, that he will fill the Office of Marshal of Pennsylvania with Integrity & reputation, if it should be thought proper to favour him with it—Nothing could have prevailed upon me to have taken this liberty (and thereby acted contrary to my uniform determination) but an anxiety that the Offices under the Judicial Department should be filled with Men of integrity & de-
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cision—I hope it will not be disagreeable to the President of the United States, who I am confident will be pleased with every information, tending to bring forward Characters proper for his Consideration in filling public Offices of Trust & Confidence. ALS, Washington Papers, DLC.
James Madison to Wilson Cary Nicholas I inclose herewith the only printed addition which has been made to the sheets of the [House] Journal forwarded by Mr. [ John] Hopkins. The bill imposing duties on imports having been published in all the Newspapers as it finally passed both houses I do not inclose it. The bill imposing duties on tonnage has since become a law in the hands of the President, but is not yet in print. The clauses discriminating between nations in & not in Treaty, were struck out of both [the Impost and Tonnage acts] by the Senate, & through their perseverance, lost. It was urged on the part of the Senate that something more effectual would be better, and that a Committee had been appointed in that House to devise such a plan. The Committee has since reported, I am told, something like a retaliating regulation on the West-India trade. It will probably come to nothing, many of the members in both Houses having shewn by the nature of their arguments, that they do not think the U.S. ought to risk the scanty privileges G.B. now vouchsafes, by an effort to extend them. The collecting bill is gone to the senate & will probably become a law in a few days. It is very long, has cost much time and discussion, but will never be very correct until it can be revised under the light of experience. We have thought it proper to enlarge the principle of our port-bill1 in the regulations for Virginia, in a manner that will be much approved by the opponents of that measure, and I should suppose not disliked by its friends, under the change of situation which has supervened. Bills for establishing the Executive Departments are also with the Senate. The question involved in these concerning the power of removal, produced much discussion. *** The question was an important one and will probably be viewed in different lights without as well as within doors. As far as I have letters on the subject from Virga. the decision is entirely approved, but I have heard (except verbally) from none of my friends but Mr. E[dmund]. Randolph, Mr. [Edmund] Pendleton & Mr. [ Joseph] Jones. The Judiciary bill has got through the Senate but is not yet before the H. of Reps. Several bills relating to the Western Country & the public accts. are on the Anvil2 in the latter. The subject of Amendments has awaited the conclusion of business of the first necessity. It will be resumed as soon as a vacancy presents itself.
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The provision for the Civil list has been agreed to in the form of Resolutions. The Presidt. is allowed 25,000 dollars. As he means not to apply any part to his own emolument, and will expend no more than he finds requisite, the allowance is of an experimental nature. It was necessary to ensure a sufficiency. During his administration the proper sum to be made permanent will be discovered. The Vice president is to have 5000 Dollars. This was opposed by some as too much & by others as too little. The members of Congs. are to be paid at the rate of 6 dollars per day. My own idea was that the Reps. shd. receive less & the Senators more than that allowance. The Utility of the Senate will depend on its being composed of the first characters, and this on its being a situation substantially preferable. The H. of Reps. like our house of Delegates will have many peculiar attractions, and if these be not outweighed by some peculiar advantages in the Senate, this body like our Senate, will degenerate into an inferior and unavailing institution. Unfortunately the Senate have rendered themselves obnoxious at this moment by their silly attempt to bestow titles; by an injudicious neglect to open their doors, and by some other errors. In one of the papers inclosed you will find an estimate of the public wants reported by Mr. Gerry. How he makes the Civil list, exclusive (or even inclusive) of the Revenue officers, amount to 300,000 dollars, or why he introduced an invidious comparison between the old & new fedl. Govt. are best known to himself. Whether he designed it or not, the tendency of the statement will coincide with his known sentiments towards the Constitution. ALS, privately owned in 1961; PJM 12:294–96. The omitted text is Madison’s four point summary of the arguments used during the power of removal debate, repeating almost verbatim earlier letters printed elsewhere, for example, his letter to Jefferson on 30 June. 1 “An act to restrict foreign vessels to certain ports,” passed in May 1784, was the Virginia legislature’s first attempt to improve revenue collection and promote the development of cities by concentrating foreign trade in five ports of entry and delivery. Among other objections, opponents like Nicholas resented the advantages bestowed upon so few ports. It was revised in 1786 and 1787. The Collection Act [HR-11] expanded the number to twelve ports of entry and an additional eleven ports of delivery (PJM 8:64–65; DHFFC4:314–16). 2 Under deliberation.
Nicholas Pike to Benjamin Goodhue My friend [ Jedidiah] Morse having favored me with the perusal of the Bill for securing to Authors the property of their Works, I was much disappointed & very mortified indeed to find it totally inadequate to the purposes intended, & far inferior to several States’ Laws of this Nature. First; It limits the time to 14 years, which in this infant Country is too
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short a term for a new Publication to get into Such general use as to compensate the Trouble & expence of publication, much less to yield any profit. In Great Britain they are allowed this term where they had the supplying of all America beside their own Country. Secondly, It does not so much as mention any thing relative to mutilations, Alterations & Abridgments, which omission will totally defeat the intent of the Act, as any person, by making some small alterations, may reprint it with impunity. I believe I have before informed you that it has for some time been in contemplation in Connec[ticu]t. to abridge mine & in N. York they have actually begun upon Mr. Morse’s Geog. by engraving his Maps.1 As I know I may use freedom with you in this Case, I positively declare I would not give a single sixpence for all the Advantages that will ever be derived from that Bill as it now stands; for the abridging of a large work will of course prevent in a great measure the sale of the original. As you have been so kind as to assure me of your influence, I beg the favor of your particular Attention in this Instance. ALS, Letters to Goodhue, NNS. Written from Newburyport, Massachusetts. 1 William Gordon’s History of the Rise, Progress, and Establishment, of the Independence of the United States (3 vols., New York, 1789), reprinted the two maps that had appeared earlier that year in Rev. Jedidiah Morse’s American Geography. Pike’s New and Complete System of Arithmetick was published in 1788.
George Read to Thomas Rodney *** As to the publick business before Congress I presume you have had general Information thereof by means of the News papers—The Bill for Establishg. A general Judiciary for the Fœderal Government was gone through in the Senate (where it originated) on Friday last and sent to the other House— it hath been a tedious and disputable Work and may yet undergo in the other Branch much Alteration—On this day the Senate finally decided on a very disputable Question of Removal from Office by the President alone, [lined out] independent of the Senate; this was brot. on by means of Expressions inserted by the House of Representatives in a Bill they framed for Establishing the Office of Secry. for foreign Affairs—the Senate consisting of 20 Attending Members were equally divided and the Vice-President then in the Chair gave his casting Vote in favour of the President’s sole power— The Legislature of this State who have been some time in Session at Albany, according to the Report of the Evening here, have Chosen Genl. Schuyler & Rufus King late of Massachusetts Senators for this State.
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ALS, Emmet Collection, NN. The omitted text describes a conversation with Treasurer Michael Hillegas regarding Rodney’s inquiry about the settlement of Delaware’s accounts for money advanced for the Continental Army’s Flying Camp Battalion in 1776 and suggests that Hillegas might take advantage of Bassett’s return to Dover to convey his own reply.
Paine Wingate to Nathaniel P. Sargeant I have not been unmindful of your request & my promise to write to you, although five months have since elapsed; but I thought it very uncertain where my letter would find you until your circuit should be over & you was resting at home at this season of the year? Very little of consequence I believe transpires here but what you see in the public papers. Business moves on rather slowly & it is not strange, considering that the tract is new & some discordance of sentiment might be expected where many different interests are to be combined; & almost every member chuses to express his own opinion. There is on the whole as good harmony between the two houses as well as between the members of each house as could be expected. There has a constitutional question arisen who shall remove from office those who hold their places during pleasure—This has been largely discussed & the sentiments of members much divided. A majority of the Representatives were of opinion that it ought to be in the President solely; but then these were divided. Some supposed that it was implyed in the general grant of the executive power & some supposed that it was conveyed by a legislative act. When the bill which recognized this power in the President came to the Senate it met with a warm opposition; as might naturally be expected where our sacred rights were called in question. After some days debate & the Senate came to a vote, we were equally divided. Every Senator was present, being twenty. New-Hampshire, Virginia, South Carolina & Georgia, with Dr. Johnson & Mr. Maclay were of opinion that the natural construction of the Constitution vested the power of removal in the President with consent of Senate; the rest of the Senate were of a different opinion. It remained then for the vice president to decide the question, which he did in favour of the latter. Whether right or wrong I leave with you to judge & as you have the constitution you are as competent to judge as the Senate. I would only observe that the question turned upon this point, whether the President had a constitutional right to remove; & not on the expediency of it—The ays & noes for the first time were called for & put on the journal & there the matter rests. How the President will approve of the bill a little time will determine. We have at last got through the Judicial bill in the Senate. It has passed with no very considerable alterations from that which no doubt you have seen printed. I do not like it for my part. This letter will not afford room for me to state my objections. I will mention only one which has a
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good deal of weight with me, who you know are stingy enough in granting money, that is, that the administration of justice in the way proposed will cost more than it is worth. The judiciary is calculated by pretty good judges to cost between 50 & 60 thousand dollars pr. annum & yet it will not extend to a tenth part of the causes which might by the constitution come into the federal court. The Gentlemen of the law in the Senate are mostly in favour of the bill & when it passd six only voted against it. Mr. Elsworth is the father of it & Mr. Strong nursed it. It will meet with considerable opposition I think in the other house. Judge Livermore expresses his disapprobation of it. The house of Representatives have directed a bill to be brought into their house establishing the Presidents salary & of some others. I will enclose to you a news paper by which you will see the demands on our revenue & then you may judge whether our finances will admit of such salaries. For my part I think that if any thing will render our government odious, & finally prove the ruin of it, it will be our foolish prodigality. Between ten & twelve thousand dollars I am told were expended in furnishing the Presidents house, in addition to the furniture of the former Presidents & the expence of this session of Congress will not be less than 200 thousand dollars if we rise by the first of Sept. which I expect. But I will not trouble you or myself any further on this disagreeable subject—No appointments are yet made. I believe Mr. [William] Pickman stands a good chance for the place he wishes & shall promote it as far as in my power. I have lately had a letter from our good brother Timo. Pickering. He & family were all well, & he seems to be perfectly contented with the indefatigably laborious life which he leads in that country. I most heartily wish that he could be called forth to some important office where we want such men as he; & where he might be more extensively useful to his country as well as family. I have enjoyed my health here uncommonly hitherto—I hope to have the pleasure of seeing my family & friends in Sepr. Shall be happy to hear from you whenever you are pleased to write. ALS, Henry Wheatland Manuscripts, MSaE.
Other Documents
Peter Allaire, Occurrences from 1 June to 2 July. ALS, Foreign Office 4/7, pp. 123–26, PRO. Written in New York City, 18 July. Detailed report on legislative events in the United States; “as for our Cents, Dollars, Eagles and half Eagles they only are in the Imagination of Congress, no such Specie exists”; encloses a copy of the Impost Act. Elbridge Gerry to James Warren. No copy known; acknowledged in Warren to Gerry, 23 August.
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William Pickman to Benjamin Goodhue. ALS, Letters to Goodhue, NNS. Written from Salem, Massachusetts. Discusses local speculation about revenue appointments, including Pickman’s reasons for preferring an appointment as Salem’s naval officer rather than collector; is not sorry Marblehead is taken off this district, “for they felt a little sore at being under Salem, & would have been troublesome in A very short time”; delivered Goodhue’s letter to Samuel Phillips, Jr. this morning; John Carnes has shown Pickman a letter he received from Thatcher, “which he says contains very Important Information. it is what you wrote a week before Respecting the good Understanding among the Members of Congress—tho’ their Views appear to be different.” Roger Sherman to John Adams. See 20 July, below. John Waite to George Thatcher. ALS, Thatcher Papers, MSaE. Written from Portland, Maine. The committee of merchants has not met since Thatcher’s last letter, but Waite has mentioned its subject to individuals and all agree that Portland alone is “sufficent” as port of entry. James Young to George Washington. ALS, Washington Papers, DLC. For the full text, see PGW 3:238–39. Office seeking: revenue surveyor at Baltimore or as clerk to Maryland district court; mentions Henry, D. Carroll, and Smith (Md.) as references; James McHenry has written Henry on his behalf. Daniel Hiester, Account Book. PRHi. Returned to New York from Philadelphia with Clymer in the Speaker’s carriage.
Sunday, 19 July 1789 Tench Coxe to Robert Morris Since the clause in the collecting bill which regulates the mode of payment has appeared here I have heard a number of remarks upon it, which seem worthy of attention. In the enclosed paper, I have endeavoured to bring to a point all that occurs to me as to silver: and I have added one or two general remarks which you will observe at the End. With respect to Gold there is less room for remark, yet something may be justly observed. It appears that gold coin at 89 Cents % pennyweight is
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higher than the rate of any will produce a loss [lined out] to Congress on every Species of coin whatever now passing in the united States—It [lined out] is certain Cents A half Johs. of 9 dest. for 6% in Pennsa. &c. & 4 d/ in Virginia, & New Engd. and 8 Drs. universally is 888⁄9 A British Guinea at 5.6 gr. 888⁄9 A Spanish pistole (& so of 4 pistole pieces or doubloons— at 28)—for — the most Stable and capital Markets in Europe for gold & do not give 89 [lined out] 888⁄9 Cents for gold at which our money by Tale usually passes. It appears then difficult is There seems therefore to [lined out] be no good reason why the public should give allow more than the people have been used to receive for gold. If 89 at Cents should be allowed & Congress [lined out] Augst. last should be paid in Sp. pistoles & doubloons (the latter of which at 89 cents will amount to 1513⁄100 Drs. whereas it now passes for no more than 1484⁄90 Drs.) there will be a still more considerable loss. & at the same time more than its permanent value in other Countries. But further if FC:dft, Coxe Papers, PHi. The date is based on Morris’s acknowledgment on 6 August.
Benjamin Goodhue to Stephen Goodhue *** You asked me I remember in one of your letters some time ago about a Bankrupt act but I forgot to answer it—five or six weeks ago a person,1 (who I suppose is a Bankrupt if his debts were paid) moved for a Committees being appointed to bring in such a bill and with considerable difficulty a vote was obtained, but I believe it is not the expectation of any body that they will report this session much less pass such a bill this session, but I am so apprehensive that such a bill will pass next session that I would advise every one who is fearfull of its consequences to look out and secure themselves in season—the bill for Collecting the impost has not yet got through the Senate but probably will in a few days—but it will be got through so late that I do not see but several days will elapse after the 1st. of August before the Officers can receive their appointments to be ready to collect the duties—I have taken up on Mr. [Elias Haskett] Derbys account £35 this currency which is equal to 871⁄2 Dollars, which please to repay him when he calls. I was out of money and my land lady wants her money as fast as it is due and even in advance, and I got as much as I thought would suffice untill I should return in September, but as I find many of our members make
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complaint for want of money in public, I expect some mode will speedily be adopted for a partial supply, in that case if I should get any I will send it you. *** ALS, Goodhue Family Papers, MSaE. Addressed to Salem, Massachusetts. 1 Smith (S.C.) made such a motion on 1 June; the committee (Smith, Laurance, and Ames) never reported.
Thomas Hartley to Jasper Yeates I received your Favor of the 10th. inst. part of which you will find answered in my last. I have been at the War Office & the Warrant will be made out this week to you and Mr. [Robert?] Coleman. Mr. [Erkuries] Beaty will forward it. The Rhode Island People have not yet fully compleated their Cheating System1 —tho’ they are at present very industrious because they wish to close all accounts of that sort before they embrace the New Government which it is said they will do some Time in September. A few Gentlemen of werth from that State were here the other Day—and they were really ashamed to call themselves Rhode Islanders. Reports from North Carolina are favourable—it is immagined they will adopt the Constitution as soon as the Convention meets there. On to Morrow we expect the Judiciary Bill will be sent to the House of Representatives by the Senate—I will endeavour to send forward you a Copy. I forward send Dr. [ James] Hall the News-papers which he will shew you. *** ALS, Yeates Papers, PHi. Addressed to York, Pennsylvania. 1
The state’s disparaged paper money system.
John Langdon to Joshua Brackett I wrote you few days since which no doubt you’ve Recd. e’re this, Your’s of the 13th. Inst. I Recd. last evening My good Friend I shall never forget you—Close attention to Business; Recievg. and payg. unmeang. visits; writeg. hundreds of letters must excuse me from writeg. my Friends, so often as I wish—The Judicial Bill has undergone many alterations. New Hampshire is one district—no man is obliged to Swear against himself &c.—but I shall give it my dissent as it now Stands, and I hope we shall have the whole Alterd but this is uncertain. The Admiralty Jurisdiction should be keapt Seperatd—I shall not forget you. if it should be possable to do anything worthy our Acceptance, pray Communicate freely on this head on Return of post I
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have Some time Since taken all measures for E[leazer]. Russell Naval Officer, and our Mutual good Friend J[oseph]. Whipple for Collector, no men on earth Shall Interfere with these by my Consent. I shall use every exertion on Account of his own Merit, and my Friends desire, together with my own feeling to Serve J. W.—I wrote him to write the President, tho’ I suppose it unnecessary, as some persons have taken this Step but I intended the letter should have Come Inclosed to me, to have made use of, in Case of need— however its No matter—There is to be a Surveyor of the Customs at Portsmouth I think this will not Suit you, I must think of some good man—tell me who—If the Admiralty is kept Seperate, no one shall Interfere with you, without my utmost opposition—My Father nor Brother shall not go before you in any thing I can Serve you—pray write me by Return of post. Mrs. [Elizabeth] Langdon Joins me in our best Affections to you and Sister [Hannah] Bracket. Mdm. [Mrs. Joseph] Whipple pray let me know who is Chosen Representative Instead of [Benjamin] West. ALS, Sturgis Family Papers, MH.
James Monroe to James Madison *** The contest between the two houses respecting a discrimination in those bills, in favor of nations with whom we have treaties of commerce, has I own terminated contrary to my wishes. Our experience since the peace has demonstrated that whilst left to herself, without apprehension of restraints from us, we have nothing to expect from the liberality of G.B.; whether such restraints might ultimately succeed in bringing her to terms, especially with respect to the west Indies, is incertain, but there can be no doubt that untill the experiment is made we must abandon the hope. The conduct of France likewise toward us requires some attention, for altho’ not bound by treaty to give her any preference, even over those nations with whom we are not thus united, yet sound policy and good neighbourhood suggest the propriety of meeting her advances, as well to compensate for those benefits she has already extended to us, as [lined out] to induce her to grant us others. The subject is however still capable of being manag’d to the best advantage. A restraint on the commerce of B[ritain]. whether on her shipping or manufactures gives a bounty to France. If the latter is willing to pay the price of such a preference, and to secure the consideration on each side, it may be done thro’ the Executive department of govt. As therefore this door is still open I have hopes the object will not be given up, but that the disposition which the B[ritish]. have shewn, may be improv’d in that line, with the aid of the Senate, for the common benefit of both nations. will you adjourn in
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the course of the year? if so and you visit Virga. we shall be happy to see you in Albemarle. *** ALS, Madison Papers, DLC. Written from Fredericksburg, Virginia. For the full text, see PJM 12:296–97. Part of the omitted text relates to their Mohawk River Valley land investment.
Theodore Sedgwick to Benjamin Lincoln Last evening I had the pleasure to receive your favor of the 12th.—It is with real pleasure I find you are of opinion that the assumption of the state debts is a measure necessary to the best advantage of our country. I wish the idea may be considered, and it will give me pleasure to have it undergo the scrutiny of men experienced in political speculations. It will not, tho, I hope become a subject of speculation discussion in this body during the present session. I cannot yet be induced to believe that the practicability of the measure would not be impeded by a funding of the debts of the state by their legislatures. The public creditors are as a class of men enterprising and will be rendered active in the question if it shall remain their interest to promote a national assumption, but if their debts should become secure by the measures of the states that affection and support which should be attached to the one government will be transferred to the other, and it will not be visionary to expect to see that principle of hostility which already exists in the nature of our governments at too early a period brought into action. I have no doubt but the wages which are reported as a compensation to the members of congress are too high on a principle of political calculation, and I think also too high on the principle of an honest computation of as a recompence for our services. but you know how very differently this subject is viewed in the different parts of the U.S.—I have already made one unsuccessful motion for their reduction, and shall certainly risque another but I am sorry to say that by many any effort of this kind is by many supposed to originate from a wish, from this source, to acquire popularity. Mr. Madison’s talents, respectable as they are will for some time be lost to the public, from his timidity. He is constantly haunted with the gohst of Patrick Henry. No man, in my opinion, in this country has more fair and honorable intentions, or more ardently wishes the prosperity of the public, but unfortunately he has not that strength of nerves which will enable him to set at defiance popular and factious clamors. His system of amendments we must fairly meet, and must adopt them in every instance in which they will not shackle the operations of the government. It is a water gruel business, and I hope will be so managed as only to produce a more temperate
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habit in the body politic. Those substantive amendments which would have a tendency to produce a more compleat and natural arrangement of the national union we must despair of attaining at present. ALS, Lincoln Papers, MHi.
Theodore Sedgwick to Pamela Sedgwick Why, my dearest and best love, will you not gratify me by now & then writing a single line to let me know you are still alive. Post after post arrives. I fly to the office in the most assured expectation of finding letters superscribed with your hand. Letters indeed I receive from every part of the united states, excepting only from that small spot where the receipt would be extreamly gratifying. and to add to my chagrine & mortification not one syllable have I yet recd. from our dear Eliza. If you regard my happiness, dearest and best beloved, [lined out] do not longer continue your neglect. Last week I had two small fits of the fever and ague, but I am now again tolerably well. I have almost wholly declined the business of ceremony. Experience has taught me how indispensible exercise is to the preservation of my health every moment therefore I can spare from more serious attention I devote to rambling. *** Let me hear from you and perticularly let me know how our good mamma is. present my affect. remembrance to our dear little ones, tell Fanny & Theodore that their papa will thank them for their kind rem[em]brance of him. Adieu! dearest creature. ALS, Sedgwick Family Papers, MHi.
Henry Van Schaack to Theodore Sedgwick My last was on the 6th instant since which I have not had the pleasure of hearing from you. I then told you how very unpopular the Report of the Committee was about the Presidents establishment and the allowance to Senators and Representatives, since which we have had a Militia Training in this place which brought a great concourse of people together from the different parts of the County. I found the Report Reprobated from all quarters in the freest possible manner—All your freinds are anxious that your name should never appear as a favourer of the Report—as one of the warmest of those friends I exhort you, if you can conscientiously, avoid your assent to it. I hope in the Senate Mr. Strong will also decline disapprove of it. In all other of the proceedings of Congress I do not find any material objections except
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the Shortness of the time you are together in the 24 hours. In a letter I have from the State of New York from a good honest federalist I am told “It wont do to tel the Enemies of the New Government so but it is my opinion that they labor as few hours in the 24 as any Servants the public have according to their wages—they meet at 11 and adjourn for dinner from two to three as the case may be and not to meet again till next day at 11” Disapprobation of this kind I frequently hear but people do not consider that great part of the business of Congress during the intermissions is going on by the various committees appointed to prepare and arrange matters for public discussion. I believe the impost Bill will give general satisfaction in this State. *** ALS, Sedgwick Family Papers, MHi. Place from which written not indicated. In the omitted text Van Schaack promises to visit Pamela Sedgwick in Stockbridge and report on the state of their farm “soon,” and sends compliments to Strong and Silvester. A postscript was added at 10 p.m. on 20 July; see below.
News from New York The Judiciary Bill was not ready to be sent down to the House until Friday, which would then have been discussed, but the House happened to adjourn a few moments before it came down. Yesterday the Senate passed the Treasury Bill with one very small alteration respecting the chief Clerk to the Secretary—the principal of the bill is not varied. The question on the President’s power of removal from office was very warmly debated, and in voting the members divided exactly even 10 and 10—The President of the Senate gave the casting vote in favour of the clause as it came from the House, by which the power of the President, to remove from office (as contained in the Constitution) is recognized—for I consider the act as nothing more in this point than a recognition of a principle interwoven in the texture of the system. Heaven has been all gracious to America in guiding this people to the choice of their first and second magistrates—this determination of his Excellency, is in perfect conformity to his sentiments, nor do I think he would sacrifice them for the Empire of the world.1 We have not heard from the Tonnage Bill since my last. Some opposition has been made about the Compensation—more particularly the pay of the Members—but if a cheap Legislature is the object, let them look to the British House of Commons—the members of that body serve for nothing—It has been said that if they were paid 1000 guineas a year each, the publick would save money by it. An alteration may however take place—but it should be remembered that this allowance is not much more than is absolutely necessary for the present moment, and in some future day, will be a very trifling consideration—indeed, it was said, that it fell
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short of the actual expenses of many gentlemen. Any great diminution of this sum, would, I am persuaded, occasion a relinquishment of all compensation—And however pleased we might be with a government, that apparently cost us nothing, we should (as experience testifies) soon find that such a government is the most expensive. [Boston] Massachusetts Centinel, 25 July; reprinted at Portsmouth, New Hampshire; Salem, Massachusetts; and (with slight differences) Newport, Rhode Island. 1 The second paragraph of this piece was printed in the Newport Herald on 30 July as “Extract of a letter from Newyork.” At this point, the Newport version has two additional sentences: “The Collection Bill is not yet passed in Senate, but will be soon, and the appointments will doubtless be made immediately afterwards. The old Collectors and NavalOfficers will be universally re-appointed.”
Other Documents
Elbridge Gerry to Samuel Hodgdon. ALS, Millen Collection, Indiana Historical Society, Indianapolis, Indiana. “Indisposition” has prevented him from answering earlier; Gerry’s indentured servant has run home to Cambridge, Massachusetts, for which “mis-conduct” Gerry intends to release him and requests Hodgdon to return the necessary indenture papers; will send the War Department Bill [HR-7] if it is not published. Elbridge Gerry to James Sullivan. No copy known; acknowledged in Sullivan to Gerry, 25 July. Thomas Hartley to Tench Coxe. ALS, Coxe Papers, PHi. Addressed to Philadelphia. “The Judiciary Bill I am told is to come before us to Morrow.” Edmund Randolph to James Madison. ALS, Madison Papers, DLC. Written from Williamsburg, Virginia. For the full text, see PJM 12:298–300. For the postscript, see 21 July. Cites a recent case of wine smuggling to illustrate how, with “neither law nor court” with jurisdiction, “We shall have total anarchy in the customs unless you speedily forward both to us”; hears nothing from opponents of the Constitution; replies to Samuel Griffin’s letter of 10 July regarding the offer of a federal judicial office: “my real wish sincere desire then would be to have it in my power to refuse, and actually to refuse an office,” to refute insinuations that he espoused the Constitution out of hope for federal office.
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George Thatcher to Sarah Thatcher. ALS, Thatcher Family Papers, MHi. Addressed to Biddeford, Maine. Pleased with accounts of the children; suggests meeting her at her parents’ home in Weston, Massachusetts, on his way home, “about the first of September”; “The weather, for the last week, has been moderately warm; & I have enjoyed as much health as usual, perhaps, more.” George Turner to James Madison. ALS, Madison Papers, DLC. Written from Philadelphia. For the full text, see PJM 12:300–301. Office seeking: “my Friends must decide for me” which office; also applied to Burke, who “has not been so polite as even to answer my letter.” Thomas B. Wait to George Thatcher. ALS, Wait Papers, MHi. Written from Portland, Maine. Restates John Waite’s letter to Thatcher of 18 July. William Samuel Johnson, Diary. Johnson Papers, CtHi. Dined with Izard.
Monday, 20 July 1789 Hot (Johnson)
John Adams to Roger Sherman There is a Sense, and a degree, in which the Executive, in our Constitution, is blended with the Legislature: The President, has the Power of Suspending a Law; of giving the two Houses an Oppertunity to pause, to think, to collect themselves, to reconsider a rash Step of a Majority; he has the Right to Urge all his Reasons against it, by Speech or Message; which becoming Public is an appeal to the Nation—But the rational Objection, here is not that the Executive is not blended with the Legislature: but that it is not enough blended: that it is not incorporated with it, and made an essential Part of it. If it were an integral Part of it it might negative a Law, without much Noise, Speculation, or Confusion among the People. But as it now Stands, I beg you, to consider—it is almost impossible that a President Should ever have the Courage to make use of his partial negative. what a Situation would a President be in, to maintain a Controversy against a Majority of both Houses, before the Tribunal of the Public. To put a Stop to a Law, that more than half the Senate and House, and consequently We may Suppose more than half the Nation, had set their hearts upon? it is moreover
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possible, that more than two thirds of the Nation, the Senate and House, may in times of Calamity Distress, Misfortune and ill success of the Measures of Government from the momentary Passion and Enthusiasm, demand a Law which will wholly Subvert the Constitution. The Constitution of Athens was overturned in such a moment by Aristides himself.1 The Constitution Should guard against a Possibility of its Subversion. But we may take Stronger ground and assert that it is probable, that Such Cases will happen, and that the Constitution will in fact be Subverted, in this way. Nay I go farther and Say, that from the constitution of human nature and the constant Course of human affairs, it is certain, that our Constitution will be Subverted, if not amended, and that in a very Short time, merely for Want of a decisive negative in the Executive. There is another Sense, and another Degree, in which the Executive is blended with the Legislature, which is liable to great and just Objection; which excites alarms, Jealousies and Apprehensions in a very great degree. I mean 1. the Negative of the Senate, upon Appointments to office; 2. the Negative of the Senate upon Treaties, and 3. the Negative of the two Houses upon War. I Shall confine my self at present to the first. The Negative of the Senate upon Appointments, is liable to the following Objections. 1. It takes away, or a least it lessens the Responsibility of the Executive—our Constitution obliges me to Say, that it lessens the Responsibility of the President. The blame of an hasty, injudicious, weak or wicked appointment, is Shared So much between him and the Senate, that his part of it will be too Small. Who can censure him, without censuring the Senate, and the Legislatures who appoint them? all their Friends will be interested to vindicate the President, in order to Screen them from censure. & besides if an Impeachment is brought before them against any officer are they not interested to acquit him, least some part of the Odium of his Guilt Should fall upon them, who advised to his appointment. 2. It turns the Minds and Attention of the People, to the Senate, a Branch of the Legislature, in Executive matters. it interests another Branch of the Legislature in the management of the Executive. it divides the People, between the Executive and the Senate: whereas all the People ought to be united to watch the Executive, to oppose its Encroachments, and resist its ambition. Senators and Representatives, and their Constituents, in short the Aristocratical and Democratical Divisions of Society ought to be united, on all occasions to oppose the Executive, or the Monarchical Branch when it attempts to overleap its Limits. But how can this Union be effected, when the Aristocratical Branch has pledged its Reputation to the Executive by consenting to an appointment. 3. It has a natural Tendency, to excite Ambition in the Senate. An Active, ardent Spirit, in that House, who is rich, & able; has a great Reputation and influence; will be solicited by Candidates for office. not to introduce the Idea
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of Bribery, because, tho it certainly would force itself in, in other Countries, and will, probably, here when We grow populous and rich, yet it is not yet, I hope to be dreaded. But Ambition must come in already. A Senator of great Influence, will be naturally ambitious, and desirous of increasing his Influence. Will he not be under a Temptation to Use his Influence with the President as well as his Brother Senators, to appoint Persons to office in the several States who will exert themselves in Elections to get out his Ennemies or opposers both in Senate and House of Representatives, and to get in his Friends, perhaps his Instruments? Suppose a Senator, to aim at the Treasury office, for himself, his Brother, Father, or Son—suppose him to aim at the President’s Chair, or Vice Presidents, at the next Election—or at the office of War, foreign or domestic affairs, will he not naturally be tempted to make use of his whole Patronage his whole Influence, in Advising to appointments, both with President and senators to get Such Persons nominated, as will exert themselves for Elections of President Vice President, senators and H. of Representatives to increase his Interest and promote his Views. in this Point of View I am very apprehensive that this defect in our Constitution will have an un happy Tendency to introduce Corruption of the grossest Kinds both of Ambition and Avarice into all our Elections. And this will be the worst of Poisons to our Constitution—it will not only destroy the present form of Government, but render it almost impossible to substitute in its Place any free Government, even a better limited Monarchy, or any other than a Despotism or a Simple Monarchy. 4. To avoid the Evil under the last head it will be in danger of dividing the Continent, into two or three Nations, a Case that presents no Prospect but of perpetual War. 5. This Negative on Appointments, is in danger of involving the Senate in Reproach, Obloquy, Censure and Suspicion, without doing any good. Will the Senate use their Negative or not. if not; why Should they have it— many will censure them for not using it. many will ridicule them. call them Servile &c.—if they do Use it. The very first Instance of it, will expose the Senators, to the Resentment not only of the disappointed Candidate and all his Friends; but of the President and all his Friends; and these will be most of the officers of Government, through the nation. 6. We Shall very soon have Parties formed—a Court and Country Party.2 and these Parties will have names given them, one Party in the House of Representatives will support the President and his Measures and Ministers—the other will oppose them. a Similar Party will be in senate—these Parties will Struggle with all their Art, perhaps with Intrigue—perhaps with Corruption at Every Election to increase their own Friends and diminish their opposers. Suppose Such Parties formed in senate, and then consider what Factious divisions We shall have there, upon every Nomination. 7. The Senate have not time. The Convention & Indian Treaties.
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You are of opinion “that the concurrence of the Senate in the Appointment to office, will Strengthen the hands of the Executive, and secure the Confidence of the People, much better than a Select Council, and will be less expensive” but in every one of these Ideas, I have the Misfortune to differ from you. 1. it will weaken the hands of the Executive, by lessening the Obligation, Gratitude and Attachment of the Candidate to the President by dividing his attachment between the Executive and Legislative which are natural Ennemies. officers of Government instead of having a Single Eye and undivided attachment to the Executive Branch, as they ought to have consistent with Law and the Constitution, will be constantly tempted to be factious with their factious Patrons in the Senate. The Presidents own officers in a thousand Instances will oppose his just and constitutional Exertions, and Screen themselves under the Wings of their Patrons and Party in the Legislature. Nor will it Secure the Confidence of the People. The People will have more confidence in the Executive, in Executive matters than in the Senate. The People will be constantly jealous of factious Schemes in the Senators to unduly influence the Executive, and of corrupt bargains between the senate and Executive, to serve each others private Views. The People will also be jealous that the Influence of the senate will be employed to conceal, connive and defend Guilt in Executive Offices, instead of being a guard and watch upon them and a terror to them. a Council selected by the President himself at his Pleasure, from among the Senators, Representatives and Nation at large, would be purely responsible. in that Case, the Senate as a Body would not be compromised. The senate would be a Terror to Privy Councillors. its Honour would never be pledged to support any Measure or Instrument of the Executive, beyond Justice, Law, and the Constitution. Nor would a privy Council be more expensive. The whole Senate must now deliberate on every Appointment and, if they ever find time for it, you will find that a great deal of time will be required and consumed in this service. Then the President might have a constant Executive Council now he has none. I Said under the Seventh head that the Senate would not have time. You will find that the whole Business of this Government will be infinitely delayed, by this Negative of the Senate on Treaties and appointments. Indian Treaties and Consular Conventions have been already waiting for months and the senate have not been able to find a moment of time to attend to them.3 and this Evil must constantly increase, so that the Senate must be constantly Sitting, and must be paid as long as they Sit. But I have tired your Patience. Is there any Truth or Importance in these broken hints and crude surmises? or not? To me they appear well founded and very important.
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ALS, Foster Autograph Collection, MHi. Written from “Richmond Hill,” outside New York City. 1 The reference is uncertain. Perhaps Adams thought Aristides (ca. 530–465 b.c.) had overturned the constitution by his act of returning to Athens after serving out just two years of a ten year exile, in order to lead Athens to victory over Xerxes’s Persian forces in 480 b.c. 2 Names adopted from the division between supporters of England’s Charles II and an opposition party led by the earl of Shaftesbury following his dismissal from the ministry in 1673. 3 The Treaties of Fort Harmar were sent to the Senate by the President on 25 May. The Treaty with the Wyandot, Delaware, Ottawa, Chippewa, Pattawatima, and Sac Nations was consented to on 22 September, while the treaty with the Six Nations was postponed to the Second Session of the FFC. The Consular Convention with France was before the Senate for a month and a half (11 June–29 July) before being ratified.
Pierce Butler to Henry Knox As there can be no doubt of Your Reappointment to the head of the War Department, if You are desirous of continuing there, will You pardon my taking the freedom of recommending to Your friendly notice a good but distress’d, Old Officer, who wishes much for a Clerk’s place under You— Mr. Hall was a Captain in the English Army at the taking of Martinique last War; and on the peace of 1763 Resignd in favour of His Son; but His Abilities and great Integrity drew the Attention of His Superior Officers—On leaving the Army He was placed at the head of an Army Agency Office, where he acquired with much Credit a fortune of twelve or fourteen thousand pounds, which, in the hour of friendship, he unguardedly lent to the late Earl of Grennard,1 who dieing shortly after, and being only Tennant for life the whole was lost—In the Year 1783—Mr. Hall Embarked for America—Fortune not yet satisfied in persecuting Him, He was Cast away and lost the Remnant of a good property He has ever since been contending with misfortunes; and is now actualy in distress—I know Him to be a Man of honor and Abilities—If You can give Him a Clerk’s place, even in a Second degree, I am fully persuaded You will find Him worthy Your Confidence, and very useful. Your rescuing this good Man from distress will at a future day gratify Your own benevolent feelings. [P. S.] Captain Hall writes a fair good hand and is well versed in Accts. and the Nature of Military Entries and Returns. ALS, Knox Papers, Gilder Lehrman Collection, NHi. 1 Probably George Forbes, third earl of Granard (1685–1765), a British naval and army officer and longtime councillor of Ireland.
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Benjamin Goodhue to Cotton Tufts Yours of the 9th. June, I last Even’g. receiv’d for which I thank you, (by its contents I suppose it ought to have been 9th July) four months have nearly elapsed since our first meeting and doubtless its matter of wonder if not of disgust that so little has been done, Congress have spent little idle time, but what perhaps is equaly as injurious have spent much in hearing the needless and lengthy harangues of several of their members who have been frequently actuated by the vain display of their Oritorical abilities—a proper allowance I however think ought to be made for the newness of the subjects, for notwithstanding We were generaly acquainted with them in the circumscribed view of our State Governments, yet it necessarily took much time for such an investigation as would create a sistem suitable to our national circumstances, those difficulties arise from the complex nature of our Governments and must for aught I see ever be attended with slowness of proceedure—the bill for collecting the duties is now before the Senate and probably will pass in a few days and the appointments made immediately afterwards, but I do not see but several days must elapse after the 1st. August before Officers can be appointed and receive their commissions for carrying the impost law into effect—the judicial System has passed the Senate without any material alteration from the bill first reported and will be down to the House tomorrow, where many are ready prepared to give it a fiery reception, but yet on the whole I suspect their will be a majority for passing it, I have made up no judgement upon it, all I can say is that I shall be loth to be at the expence of 50, or 60,000 Dollars for this department annualy. if the greater part of it can be avoided by throwing the business into the hands of the State Courts with any Kind of propriety, but I see difficulties attending the mingling of powers derived from different sources in the same persons, and in short as you know I generaly am undisguised in my politicks, I cannot see but perpetualy existing absurdities, arising from imperium in imperio1 must in proper season prepare us for such a Government, as will be best suited to restrain within due bounds such natures and dispositions as Almighty God has seen fit his Creatures should possess—this doctrine I am sensible is at present called heresy and therefore no good effects can result from its present propagation, but only serve to render odious its supporter, therefore you’l be kind enough not to impart them—I congratulate you on one essential point gained which will give a tone to our National Government, I mean the power of removing from Office in the President, you have seen by the papers what a struggle we had in the house on this question, but we had the happiness of a large majority in favour of it, but in the Senate, the struggle was much more important for beside the bugbear of Tyranny it had to encounter, it had the more feeling sensation of what
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they called a deprivation of their own power to combat; the Senate divided equaly and our worthy Vice President turned the scale, I confess I would not give a groat for the Executive part of the Constitution without such power, if there be evil in Government, responsibility ought to be so center’d in a focus as We know where to find it, &c., inter nos, Mr. Strong and myself were obliged to use some pains with his Brother Senator [Dalton] the morning before the decision to be on the right side, as We knew by counting noses the whole would depend on his becoming a convert—and happyly D his conversion was effected, as I presume by the weight of Argument (if not or otherwise), several Acts of small consequence have either passed or are in forwardness for passing and it seems the prevailing opinion of the members that as soon as We have accomplished the necessary bussines so that the Government may be properly set agoing We had better have a short recess, which probably may take place some time in September, I am fully of opinion the public as well as ourselves may be benefited by such a measure as it will not only give us a relaxation from our confinement and enable us to come to gather again with renewed spirits for bussines, but enable us to know the sentiments of our Constituents and impart to them the motives of our conduct, and at the same time it will be manifesting a disposition not to be continualy in session as the old Congress were much to thier discredit—I do not expect there will be any arrangement of the debts of the Union or appropriations the present session for as no money can come into the treasury of any consequence for some months, (as a credit is to be given for impost) a delay cannot be attended with any evil—I do not know of any estimates being made of the probable amount of our impost with any degree of precission, neither do I conceive We are possessed of sufficient light to afford any thing more than a mere guess—I know of no better method then this, as We know the amount of imports with precission into Pensylva. were ab’t. 700,000£ Ster’g. for the last year, taking that State for between a fourth and a fifth of the whole, the imports into the Union may be supposed to be about £3,000,000 Sterl’g. and if the aggregate amount of our duties should be equal to 10 % Ct. on the whole imports which I suppose is not far from the mark. the amount of revenue from the impost will be £300,000 Sterl’g. or about 1,300,000 Dollars, but allowing for deficiencies I think We may estimate it at 1,000,000 Dollrs. to which is to be added the Tonage duty, which must be considerable—however it is not expected our revenus as We have as yet provided, will be much more than sufficient to support our own Government and pay the interest of our foreign debt, and that some further resource must be some time hence adopted for our domestick debt. I was always and now am of opinion that the State impost ceased when this Government was organized, however the States have all except Connecticut acted upon a different principle, and Congress so far as I can judge
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of their sentiments do not concieve they have any thing to do in the matter and therefore its not likely they will ever interfere—I expected Brothers [Holden] Slocum & [Phanuel] Bishop would choak at the oath tho’ I did not know till you informed me they had not taken it. I am clearly of opinion they have no right without taking the oath to a seat in the legislature, and I find the Gentlemen who lodge with me2 to whom I communicated the inquiry are of the same sentiment, a contrary principle would be admiting the right of a State legislature or an individual to contravene a plain and express part of the Constitution and a law of the United States—I never entertain’d an idea before I left home the most distant that the United States would ever assume the State debts, but since I have been here altho’ it has not been ever the subject of discussion in the most indirect manner, yet from the private conversation of several members, and the difficulties and embarrasments which occur to my mind from the individual States being left to provide for their own debts when the sources of payment are all in the power of congress, has left me a little doubtfull whether such an event is not within the bounds of possibility—I clearly saw a long time ago that there was a fixed determination with many to destroy our State securities or render them of so little value as not to deserve the notice of government, and by the Genesee purchase3 a strong reinforcement is added to that band of public robbers; in short my dear Sir I have no patience with those public harpies who are continualy watching to satiate their merciless appetites upon the spoils of public credit, as much as birds of prey ever attended to satisfy their hunger upon a dead carcas. [Nathaniel] Gorham is here waiting for an appointment, and I pray God he may be disappointed—why did you not direct the Attorney General [Robert Treat Paine] to sue without delay those worse than highwaymen—but to return to my further relation of congressional matters—I am at a loss whether we shall have time to take up the subject of amendments the present session—I believe it will be thought to be good policy to propose such as will not injure the constitution and which may serve to quiet the honest part of the dissatisfied—I am happy in informing you that there is a prevailin[g] disposition manifested among the members of doing what they judge may promote the General interest—I believe by this time you’l be as much exhausted with reading this inaccurate epistle as I am in writing it. [P. S.] I shall be happy in receiving from you frequent letters, and I will endeavour to give you a line in return, as often [as] my engagements to my numerous correspondents will admit—I have wrote freely. Therefore anything which ought not to be public you’l conceal. We have fix’d the Salary of the President at 25,000 Dollrs. the V. President at 5,000 and our own pay at 6 dollrs. per day, the first and last I think too high.
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ALS, Miscellaneous Manuscripts, NHi. A state within a state. Grout, Sturges, Thatcher, and Wingate boarded with Goodhue at 47 Broad Street. 3 After purchasing the six million acre Genesee tract in western New York in April 1788 for £300,000, payable to Massachusetts (which held title to the land) in drastically depreciated state securities, Nathaniel Gorham and Oliver Phelps lobbied to prevent the legislature from establishing a fund to pay the interest on the state debt, in order to keep the securities’ market value depressed (Westward Expansion, p. 253; Benjamin Lincoln to Sedgwick, 24 June, Sedgwick Papers, MHi). 1 2
William Maclay to George Washington My brother in law David Harris of Baltimore, is among the applicants for an Office in the Revenue of that Port. Should you wish to make inquiry respecting his Character, I beg leave to refer you to Mr. Henry of the Senate and Mr. Smith of the House of Representatives, both from the State of Maryland. I pray you Sir, to have the goodness to excuse my not having waited on you, before my leaving Town, as I have been much indisposed for some time past. ALS, Washington Papers, DLC.
Richard Peters to James Madison It is but within a Day or two that I recieved yours of the 14th. in which you very properly leave me as you found me on the Subject I rambled into. But I will revenge myself by sending you a Copy of an old Fable which I have in a curious Collection I keep by me entitled “Aunciente connynge Balladdes.” I am chained to my Chair by my old Tormentor the Piles & I maliciously wish not that all my Friends should be entirely at Ease. But I let you off gently by only obliging you to read some bad Verses which I know not that you are any wise concerned in save that had you lived in the Days of these Cooks your Easiness of Temper (for which I do not like you a Jot the worse) would have prompted you to indulge the Anti Soupites in some of their Whims of an innocent Nature especially if they had been some of your Neighbours. The wise Cooks & foolish Guests A Fable Eleven Cooks assembled once To make a Treat of Soup
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CORRESPONDENCE: FIRST SESSION All knowing—not a Dunce Among the skilful Group. The Soup was made—delicious! good! Exclaim’d each grateful Guest, But some who would not taste the Food, Declar’d it wanted Zest. Among those Malcontents were found Some faulting each Ingredient While others eager search’d around To find out some Expedient With which at once to damn the whole Not take it in Detail. They would not sup a single Bowl Lest more they dare not rail. At Length the Grumblers all fell out In Nothing could agree Not e’en while making of a Rout Of what the Soup should be. They curse the Cooks & hungry rave For those of better Skill— Another Mess some swear they’l have On which they’l freely swill. “Pray taste the Soup” requir’d the Cooks “We’ll yield if we’re outreason’d.” —We know ’Tis bad—“by what?”—its Looks ’Tis rich & highly season’d— We wish for Soup in th’Maigre Stile That’s thin—to save Expences— (The Cooks exclaim & archly smile “Good Sirs you’ve lost your Senses”!) We know you Cooks who’ve learnt your Trade Will think we talk like Asses— But we’ll have Broth that’s cheaply made No Salt—not much Melasses. Instead of Dumplins we’ll have Chips Instead of Gravy—Vapour— And e’er it goes between our Lips We’ll fine it down with—Paper— And that all Palates we may please And on your Plan refine We’ll add some scrap’d Rh. Island Cheese Warm’d up with Knotts of Pine.
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We’ll tender this to all we meet And if their Tastes forsake ’em So that our Fare they will not eat By — with Force we’ll make ’em— If we can’t have our proper Broth We’ll join & spoil your Mess. No Master Cook we’ll have—In Troth We wish for Nothing less— We’ll make a Bargain with ourselves That one sha’n’t poison t’other. We are such wise suspicious elves That none will trust his Brother. We’ll watch our Pot with sleepless Care, O’er all we’ll keep a tight Hand, For Honesty we feel’s so rare Our left will cheat our right Hand— “Our Comprehensions” cry the Cooks “With yours are not on Level. To us your Mixture really looks A Pottage for the Devil. At us, good Sirs, then cease to rave You’re surely touch’d with Mania We’ll eat our Soup—do you go shave— Lord help your Pericrania!”1 Moral To mend is truly always right But then the Way to do it Is not so facile to the Wight Who undertakes to shew it. ALS, Madison Papers, DLC. Written from “Belmont,” Peters’s estate across the Schuykill River from Philadelphia. The poem satirized the eleven states that ratified the Constitution and their various proposed Amendments to it. 1
In this sense, the head.
Roger Sherman to John Adams I was honored with your letters of the 17th. & 18 Inst. and am much obliged to you for the observations they contain. The Subject of Government is an important one, and necessary to be well understood, by the citizens & especially by the legislators of these States. I Shall be happy to receive
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further light on the Subject, and to have any errors that I may have entertained corrected. I find that writers on government differ in their difinition of a Republic. Entick’s Dictionary1 defines it. “A commonwealth, without a King” I find you do not agree to the negative part of his definition. What I meant by it was a government under the authority of the people—consisting of legislative, executive and judiciary powers, the legislative powers vested in an assembly consisting of one or more branches, who together with the executive are appointed by the people, and dependent on them for continuance by frequent periodical elections, agreably to an established Constitution, and that what especially denominates it a Republic is its dependence on the public or people at large, without any hereditary powers. But it is not of so much importance by what appellation the government is distinguished, as to have it well constituded to Secure the rights, and advance the happiness of the community. I fully agree with you Sir, that it is optional with the people of a State, to establish any form of Government they please, to vest the powers in one, a few or many, and for a limited or unlimited time, and the individuals of the State will be bound to yield obedience to such government while it continues; but I am also of opinion that they may alter their frame of government when they please, any former act of theirs, however explicit to the contrary notwithstanding. But what I principally have in view is to submit to your consideration the reasons that have inclined me to think that the qualified negative given to the executive by our constitution is better than an absolute negative; In Great Britain where there are the rights of the nobility as well as the rights of the common people to Support, it may be necessary that the crown Should have a compleat negative to preserve the balance; but in a Republic like ours, wherein is no higher rank than that of common citizens, unless distinguished by appointment to office what occasion can there be for such a balance? It is true that some men in every Society, have Natural and acquired abilities Superiour to others, and greater wealth. yet these give them no legal claim to offices in preference to others, but will doubtless give them Some degree of influence, and justly, when they are men of integrity, and may procure them [lined out] appointments to places of trust in the government, yet they having only the Same common rights with the other citizens What competition of Interests can there be to require a balance? besides while the real estates are divideable among all the children, or other kindred in equal degrees and Entails are not admitted, it will operate as an agrarian law, and the influence arising from great estates in a few hands or families, will not exist to such a degree of extent or duration as to form a System, or have any great effect.
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In order to trace moral effects to their causes & vice versa it is necessary to attend to principles as they operate on mens minds. Can it be expected that a chief Magistrate of a free and enlightened people on whom he depends for his election and continuance in office, would give his negative to a law passed by the other two branches of the legislature if he had power? But the qualified negative given to the Executive by our Constitution, which is only to produce a revision, will probably be exercised on proper Occasions, and the legislature have the benefit of the President’s reasons in their further deliberations on the Subject, and if a Sufficient number of the members of either house should be convinced by them to put a negative upon the Bill it would add weight to the Presidents opinion & render it more Satisfactory to the people—but if two thirds of the members of each house after considering the reasons offered by the President Should adhere to their former opinion, will not that be the most Safe foundation to rest the decision upon? on the whole it appears to me that the power of a compleat negative if given would be a dormant and useless one and that the provision in the constitution, is calculated to operate with proper weight, and will produce beneficial effects. The negative vested in the Crown of Great Britain has never been exercised Since the revolution [of 1688], and the great influence of the Crown in the legi[s]lature of that nation is derived from another Source, that of appointment to all offices of honor & profit, which has rendered the power of the Crown nearly absolute—So that the Nation is in fact governed by the Cabinet Council, who are the creatures of the Crown, the consent of Parliament is necessary to give Sanction to their measures, and this they easily obtain by the influence aforesaid. If they should carry their points so far as directly to affect personal Liberty or private property the people would be alarmed and oppose their progress, but this forms no part of their System, the principal object of which is revenue, which they have carried to an enormous height. Where ever the chief Magisgrate may appoint to offices without controul, his government, may become absolute or at least oppressive therefore the concurrence of the Senate is made requisite by our Constitution. I have not time or room to add, or apologive. ALS, Adams Family Manuscript Trust, MHi. Sherman’s very different draft of this letter, dated 18 July, is in the Foster Autograph Collection, MHi. 1 John Entick (ca. 1703–1773) was a British educator who authored The New Latin and English Dictionary (London, 1771).
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Peter Silvester to Peter Van Schaack I received your former letter & that by Mr. Sedgwick without day I am glad to hear of your matrimonial felicity and your relish for domestic and rural enjoyments may they long continue uninterrupted to you and the partner of your Joys & Comforts believe me if we could but be contented & make a business of it to endeavor to live happily the Country would afford us as ample means as elsewhere this City it is true has every thing to make life agreeable could we select the right ways & means from the great mass & superabundance but there are so many improper or unsuitable passages and so many different turns & humours to impede us on the road leading us to the great object in which we are or ought to be in pursuit and at the same time it is in many Instances not easy to distinguish what is our duty, Interest or even inclination. *** As soon as I can procure a copy of the act relating to the oath I shall forward it if necessary it is in substance like the oath in the Constitution very short & extends to the officers of Govemt. of the united States & Legislatures &c. of each particular State in the union—I have heard no observations here respecting your being a Clintonian or otherwise in matters of Election. Yesterday was decided by a Considerable Majority after three or four days debate an important question the President should have power to remove from office officers appointed in the execute. departments—it is to long to tell you the debates pro & con it was determined in favor of the presidents having that power I was on that side & tho a nice question yet from deduction of reasoning & the Constitution itself I am satisfyed it is right and also very expedient. I send you a bill originated in the Senate and sent to our house, to establish the Judicial Courts of the united States—I wish you would examine it & return it as soon as you Conveniently can with your remarks thereon I mentioned my design of Sending it to you to Benson & he approved of it much. ALS, Van Schaack Papers, NNC. The letter is misdated June. Part of the omitted text includes a promise to help supervise Van Schaack’s son Harry with his law studies, once Silvester’s son Francis was gone.
Other Documents
Robert Brough to George Washington. ALS, Washington Papers, DLC. Written from Hampton, Virginia. For the full text, see PGW 3:241. Office seeking: revenue office at Hampton or some other port; mentions Parker as a reference.
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Thomas Fitzsimons to Henry Knox. ALS, Knox Papers, Gilder Lehrman Collection, NHi. Office seeking: recommends as clerk in the War Department the bearer, Mr. Hall, who also carries a letter from Butler. Benjamin Goodhue to Elias H. Derby. ALS, Derby Family Papers, MSaE. “I have lately wrote to the Insurance Offices as you desired, and to both for fear of offense, which I hope is agreable—We have nothing new”; hopes Congress will adjourn by the “last of next month [or?] sometime in September for by that time I shall be sufficiently home sick to enjoy it.” Benjamin Goodhue to Azor Orne. No copy known; acknowledged in Orne to Goodhue, 29 July. William Hall to Pierce Butler. ALS, Butler Papers, PHi. Written from Charleston, South Carolina. Office seeking: solicits Butler’s support for appointment to a revenue post in South Carolina. Arthur Lee to Charles Lee. ALS, Lee Family Papers, ViHi. Recipient identified by handwriting on docket. The New York “Assembly has given the ground of the fort & battery to the Corporation for the purpose of building a Palace for the President. The situation is as beautiful as can be imagined & excellently well adapted to the purpose.” John Lowell to Elbridge Gerry. ALS, Gerry Papers, MHi. Written from Roxbury, Massachusetts. Office seeking: expresses his desire for a seat on the Supreme Court and his resistance to applying for it directly unless to his “very werthy & respectable Friend,” John Adams. James Madison to Edward Carrington. No copy known; acknowledged in Carrington to Madison, 3 August. George Thatcher to Thomas Thatcher. No copy known; acknowledged in Thomas to George Thatcher, 10 August. Henry Van Schaack to Theodore Sedgwick. ALS, Sedgwick Papers, MHi. Written at 10 p.m.; postscript to letter written 19 July, printed above. Acknowledges receipt of a letter carried by Eggleston (probably Azariah [1759–1822], of neighboring Lenox, Massachusetts).
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CORRESPONDENCE: FIRST SESSION
Tuesday, 21 July 1789 Hot (Johnson)
John Carnes to Benjamin Goodhue Have recd. Yours of the 12th. instant; & shou’d have publish’d part of it, but found by the Papers, that all those important matters that You mention were made public, Letters & News-Papers having got to Boston, & Salem, before I recd. my Letter, which was on Saturday the 18th. instant. I am glad, although You move slowly in Congress, that You do business so well, & I find that universal satisfaction is given; which is a great favour. *** I dont wonder that You begin to wish to come Home. I shou’d I am very certain was I in your place. But when You do get Home we will new Marry You,1 which may make amends in part. Moreover, Your Friends will express their great indebtedness to You, which may be an additional pleasure. I am glad that Lynn is made a Port of Delivery; and I wish that something further that might be done to encourage the manufacturing of Shoes, for the importation from England will nearly stop this branch of Manufacture. My Constituents are almost discouraged. The recovery of the Presidents Health affords great Joy in this State, & we wish it may be confirm’d, and that he may yet have it in his power, & for many Years, to serve God, & his Generation with applause & advantage; which no doubt is his earnest Desire. I hope our Senators, & Representatives are well, & do well; but we know no more about them than what we find publish’d in Fenno’s Paper [Gazette of the United States]. In September we shall look for you; and I wish it cou’d be that our General Court may might be together when You return; but this will not be, unless Congress shou’d order it. And will they not? I hope they will. As to Officers to be appointed by Congress, I hope they will be good Men; and perhaps some change may be necessary, and in our County, & at Newbury-Port in particular. I dont think but we might find as good Men as we have got. And I hope Mr. [Ebenezer] March will not be forgot. You know T— [ Jonathan Titcomb] & C— [Stephen Cross] now in Office. It is so common to publish important public Matters, that I omit many things not doubting but You see the Papers every Week; and this is my Apology for not mentioning some matters. *** P. S. I shou’d have sent a Sermon to all our Representatives had I not thought
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that the Packet wou’d have been to large to send by the Post. Please to excuse me to the Gentlemen, though not directed to send them. ALS, Letters to Goodhue, NNS. Written from Lynn, Massachusetts. 1
In the sense of a recommitment.
William Ellery to Benjamin Huntington *** I observe that not Congress are not inclined to use any compulsion with the non-ratifying States to bring them into the Union. If there should be no exception in favour of those States in the Act for collecting the Impost, I suppose we shall, with regard to the Impost, be considered as foreigners, and that will have an influence strong tendency to bring this State into the Union. I have endeavoured to find out whether there is any favorable change in the disposition of the majority towards the New Constitution; but cannot satisfy myself. *** I think it would be as impolitic to ask an allowance for a Clerk during the time I have issued indents,1 in the present state of the Treasury, as it would be to ask a favour of a man when he was hungry. Full bellies, and full Treasuries are most favorable to applicants. As I think that such an allowance ought in justice to be made I shall apply for it, when you shall think there will be a favorable opportunity; and shall be much obliged to you for your friendly offices. In the mean time please to favour me with the proper address to the Speaker of your House. The question, with respect to the power of removal by the President is a delicate question; and I think it would have been as well if the Majority not to had not altered their proposition. At present it has an artificial appearance. The different branches of government ought to be kept as distinct as possible, Congress most certainly cannot give any powers, that are withheld by the Constitution: But when a question respecting the powers imparted by the Constitution arises in Congress; who is to decide it? Needless questions should never be started; but when they are started, and insisted upon they must be decided. I was much pleased with the discussion of that question, I mean with the good sense that was displayed on that occasion. I think it is best to sift every important question thoroughly, and if this should consume much time, the time would be well spent. I recollect that while I was a member of Congress it was more the practice to speechify in that Assembly, than I beleive in any other on the Continent; but the most frequent and the most lengthy were not the most graceful or the most pertinent speakers— Long speeches were found to be so disadvantageous, that, when Congress sat
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at York Town,2 the principal speakers agreed not to speak longer than 15 minutes. A man must have a great deal to say, or be very verbose indeed who cannot deliver his sentiments on almost any subject in that time. If an oration is to be pronounced, or papers to be read and commented upon half an hour might not be too much; but orations are not a sort of speeches proper for Legislative bodies; nor is it common to vouch or support what is advanced in Congress by papers, and authorities, and comments. It was thought by some that opening the doors of Congress would lessen the number of speakers, and shorten debates; but it seems it has not had that effect. Some perhaps imagining that auditors in general estimate a mans abilities by the frequency and length of his speeches may, for the sake of obtaining their applause, may rise oftner and speak longer than they otherwise would. But may not they who fill the galleries of your hall be competant judges? and may they not possibly conceive that the man who is popping up on every occasion, and talking an hour at a time is fond of hearing his own voice, and therefore not attend to his speeches with pleasure or even with patience? For my own part I am not fond of long speeches, long sermons, or long prayers; but when I was in Congress I wished to hear every member’s sentiments on every important subject; and have frequently known beneficial hints to be suggested by short, awkward speakers. I have seen a man fish up truth from the bottom of his pocket, and pull out hints from the bosom, collar or wristband of his shirt; and a man of your acquaintance draw cogent arguments from a quarter, whence it is said the Reformation sprang.3 Freedom of debate strikes out truth, as the collision of flint and steel produces light; and while this is encouraged we shall be in no danger of blue or any other bad laws.4 Moses if I recollect rightly was not a fluent speaker. Aaron was; but he made out of borrowed, or stolen female ornaments a calf; and there were fools enough about him to worship it.5 There may be some Aarons now a days; but there are no such fools near Congress. I am fully of your opinion that in consequence of the doors of Congress being opened, and their debates published the people have been more contented than they would have otherwise been. If Congress had shut themselves up, and concealed their proceedings three months, jealousies and suspicions would probably have arisen, and the people might not have patiently waited until their Moses’s should have produced their tables of laws; they might have said we wot [know] not what has become of themselves, and have made calves in abundance. I am glad to find that the important business you have had long on hand, is like to be completed soon, when that is finished, and the delicate affair of amendments is decided you will be more at ease then you have been. You
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may then attend to coinage. Did you ever read Steuart’s political œconomy?6 It treats largely on coinage, and is in that, and in every respect, in my humble opinion, an excellent work. *** ALS, Bright Collection, NRom. Written from Newport, Rhode Island. A part of the omitted text relates to the prospects of Rhode Island’s ratification of the Constitution. As continental loan commissioner for Rhode Island since 1786. The Continental Congress sat in York, Pennsylvania, from September 1777 to June 1778. 3 The claim that Martin Luther drew his 95 theses out of his hat. 4 “Blue” laws were a code regulating behavior according to Biblical principles, incorporated for example into Connecticut’s colonial charter. 5 Exodus 32:1–35. 6 Sir James Steuart (1712–80), An Inquiry into the Principles of Political OEconomy (2 vols., London, 1767). 1 2
Thomas Fitzsimons to Governor Thomas Mifflin I have been applyd to by a broker of this place on a business that concerns the State of Pennsylva. and which, I apprehend, Council ought to be informed of. He produced to me a power attorney of the Comptr. General [ John Nicholson] authorizing the bearer to receive at the treasury of the U.S. certain certificates therein enumerated, but upon application, there no such certificates could be obtained, this led him to make application to me, and I accompany’d him to the treasury where I found, that the State had Credit on the books of the funded debt of the U.S. for 85,11652⁄90 dollars, and that according to the Established rules, there the State was intitled to warrant for that sum—in the case of individuals, such warrants, may be transferred by power of attorney but in all such cases the original warrant is delivered up, if a part only is transferred a new warrant Issues for the ballance. In the Case of a State however, the officers appear to think that no transfer can be made without an act of the State to warrant it; if there is any such act in Pennsylva. a Copy of it must be lodged at the treasury, and some other mode than that adopted by the Comptr. must be settled with the officers for making those transfers; it would be highly inconvenient to be obliged to Issue a new warrant to the state every time a transfer was made for any part of this sum, but if there is not a legislative act, it cannot be made under any modification. I have no doubt an arrangement could be made with the officers, for certificates in possession of the State, which would very much facilitate a return to the holders of Pennsylva. securitys agreeable to the late act. I beg leave to
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add that if my agency in that or any other business which concerns the State, can be usefull you may command my service. Congress have under Consideration a report to provide for compleating the survey of the tract of land purchased of the U.S.1 if carry’d into effect, I will do myself the pleasure of informing you. Pennsylvania Archives, ser. 1, 2:595–96. 1 For the legislative history of the Resolution on the Survey of the Western Boundary of New York, see DHFFC 6:2118–24.
James Jackson to George Washington I do myself the Honor to inclose for your perusal two letters on the Indian topic—The situation of my Country I flatter myself, will plead an excuse for my presumption. ALS, Item 78, 13:411, PCC, DNA. One of the enclosed letters was from Anthony Wayne to Burke, dated 4 June and printed above.
Theodore Sedgwick to Pamela Sedgwick Yours of 7. & 12. I have recd. by Mr. [Silas] Pepoon, you will know, dearest love, that my heart is grateful for the favor. The tender stile in which your goodness laments my absence is at the same time painful and gratifying to me. This morning I spent an hour with the president, as I know more of him his character rises upon me. His most ardent wish is to see his country happy, and he seems perfectly to understand that national happiness is only connected with national virtue. His illness hath been magnifyed by the general affection. I am extreamly sorry that the disposition of Master Theodore is not more enclined to his studies. your own discretion will best instruct you what course to take. For me it is happy that I have the most perfect confidence in your judgment. This however is the time to learn, cannot you stimulate him to industry by the passion of shame? I shall procure the articles you have sent for and send by the first opportunity. The weather hath been indeed very warm, but I have endeavored to avoid its effects as much as possible. I do not dine abroad more than once in a week. My mornings I spend in my chamber, and do not go abroad untill towards sundown when I walk about 4. Miles.
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*** It is my hope and wish that Congress may adjourn the last of Augt. or the begining of September, but there will be great opposition to it—Many members wish to continue here, because it is a place of amusement and I fear others because they can get more money than by their business at home. The description you give of the scene in the piazza is romantic and very flattering to me.1 Believe me dearest and best beloved of my soul that the pleasures I receive in your company and conversation are incomparably more pleasing than any I do or ever expect to receive on this side heaven. *** Sincerely do I regret my necessary absence, from the feeble aid I might otherwise give in the education of our dear little ones, and the additional Burden which this circumstance devolves on the best beloved of my soul. *** ALS, Sedgwick Family Papers, MHi. 1
See Pamela to Theodore Sedgwick, 7 July, above.
Roger Sherman’s Proposed Committee Report Report it as their Opinion, that the following articles be proposed by by Congress to the legislatures of the Several States to be adopted by them as amendments of the Constitution of the United States, and when ratified by the legislatures of three fourth’s (at least) of the Said States in the union, to become a part of the constitution of the United States, pursuant to the fifth Article of the Said Constitution. 1 The powers of Government being derived from the people, ought to be exercised for their benefit, and they have an inherent and unalienable right, to change or amend their political constitution, when ever they judge such change will advance their interest & happiness. 2 The people have certain natural rights which are retained by them when they enter into society, Such are the rights of conscience in matters of religion; of acquiring property, and of pursuing happiness & safety; of Speaking, writing and publishing their Sentiments with decency and freedom; of peaceably Assembling to consult their common good, and of applying to Government by petition or remonstrance for redress of grievances. Of these rights therefore they Shall not be deprived by the Government of the United States. 3 No person shall be tried for any crime whereby he may incur loss of life or any infamous punishment, without Indictment by a grand Jury, nor be convicted but by the unanimous verdict of a Petit Jury of good and
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lawful men freeholders of the vicinage or district where the trial shall be had. 4 After a census Shall be taken, each State Shall be allowed one representative for every thirty thousand Inhabitants of the description in the Second Section of the first Article of the Constitution, until the whole number of representatives Shall amount to but never to exceed . 5 The Militia shall be under the government of the laws of the respective States, when not in the actual Service of the United States, but Such rules as may be prescribed by Congress for their uniform organisation & discipline shall be observed in officering and training them. but military Service Shall not be required of persons religiously Scrupulous of bearing arms. 6 No Soldier Shall be quartered in any private house, in time of Peace, nor at any time, but by authority of law. 7 No Excessive bail shall not be required, nor excessive fines imposed, nor cruel & unusual punishments inflicted in any case. 8 Congress shall not have power to grant any monopoly or exclusive advantages of Commerce to any person or Company; nor to restrain the liberty of the Press. 9 In Suits at common law in courts acting under the Authority of the United States, issues of fact Shall be tried by a Jury if either party request it. 10 No law that Shall be passed for fixing a compensation for the members of Congress except the first, Shall take effect until after the next election of representatives posterior to the passing Such law. 11 The legislative, executive and judiciary powers vested by the Constitution in the respective branches of the Government of the United States, shall be exercised according to the distribution therein made, so that neither of said branches shall assume or exercise any of the powers peculiar to either of the other branches. And the powers not delegated to the government of the United States by the Constitution, nor prohibited by it to the particular States, are retained by the States respectively. nor Shall [illegible] any the exercise of power by the government of the united States the [illegible] particular instances here in enumerated by way of caution be construed to imply the contrary. Ms, hand of Sherman, Madison Papers, DLC. This document is apparently Sherman’s proposal to Madison, or the House select committee, showing how Madison’s proposed Amendments could be revised and placed at the end of the Constitution. It could have been written at any time between 21 and 28 July.
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Newspaper Article *** Mr. Madison moved, that the House should form itself into a Committee of the whole on the state of the Union, to take into consideration the subject of amendments to the Constitution. Mr. Ames proposed that the Committee of the whole House shou’d be discharged from their obligation to consider the motion of the 8th of June on the subject of amendments, and that the said motion, and such other amendments as have been proposed by the several states, be referred to a special Committee. This being seconded by several Members occasioned a debate, which terminated in favour of the motion of Mr. Ames by a large majority; *** It was then voted that the Committee be instructed generally to take the subject of amendments to the Constitution of the United States into consideration, and report. Another motion was made, that the Committee be instructed to report as expeditiously as possible. This was superceded by a motion for adjournment, which accordingly took place. [Savannah] Georgia Gazette, 13 August. This account adds to DHFFC 4:4.
Other Documents
John Adams to Peter Cunningham. FC:lbk, Adams Family Manuscript Trust, MHi. Written from “Richmond Hill,” outside New York City; addressed to Pomfret, Connecticut. Office seeking: advises to send along an account of his past services. John Adams to Alexander Hamilton. ALS, Hamilton Papers, DLC. Written from “Richmond Hill,” outside New York City. For the full text, see PAH 5:363–64. Introduces the bearer, son Charles, whom Adams would like to study law with Hamilton, asking permission to withdraw him under two conditions: if Congress moves to Philadelphia or elsewhere, and (as is probable) if Hamilton is appointed a minister of state or to some other post incompatible with law practice; Charles will ride in and out of the city daily with his father. Benjamin Goodhue to Joseph Pierce. No copy known; acknowledged in Pierce to Goodhue, 15 August.
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Christopher Gore to George Thatcher. Summary of ALS, Paul C. Richards Catalogue 210(ca. 1980):item 239. Written from Boston. Suggests that Thatcher enter into a correspondence with Charles Vaughan, who resides on the Kennebeck River, to learn about the concerns of his Lincoln County, Maine, constituents; is particularly concerned that the ports of entry proposed for Maine in the Collection Bill [HR-11] be changed. Henry Knox to Pierce Butler. FC:dft, Knox Papers, Gilder Lehrman Collection, NHi. Apologizes for being unable to place Capt. Hall in a clerkship. John Lynch to George Washington. ALS, Washington Papers, DLC. Written from Baltimore. For the full text, see PGW 3:259. Office seeking: revenue surveyor at Baltimore; mentions C. Carroll and Grayson as references. Edmund Randolph to James Madison. ALS, Madison Papers, DLC. Written from Williamsburg, Virginia. For the full text, see PJM 12:300. (A postscript to his letter of 19 July.) Postponed mailing the letter in case Madison wrote on the subject; reports that Parker arrived in town last night and “confirms in some measure” the subject of Griffin’s letter of 10 July, respecting nominations to the federal judiciary. Benjamin Rush to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Philadelphia. For the full text, see Rush 1:522–25. Observations on republicanism and titles. Roger Sherman to Simeon Baldwin. ALS, Sherman Collection, CtY. For the full text, see Sherman, pp. 223–24. Encloses newspaper; progress of Collection [HR-11] and Judiciary [S-1] bills; David Phipps and William Munson have applied for surveyor of New Haven; place and frequency of the sessions of the district and circuit courts in Connecticut; “I am in health & hope to come home as Soon as the judiciary Bill passes.” John Tucker, Sr. to Paine Wingate. ALS, Gratz Collection, PHi. Written from Boston. Office seeking: Ebenezer March for collector of Newburyport, Massachusetts; writes in lieu of his sick son, John Tucker, Jr., from whom March had solicited letters of recommendation to be addressed to Sedgwick and Ames, gentlemen of his “particular Acquaintance.”
21–22 JULY 1789
1103
Wednesday, 22 July 1789 Hot (Johnson)
Jabez Bowen to John Adams I was honoured with your favour of the 18th. of June for which I return you my Thanks, and was happy to hear of the safe arival of Mrs. [Abigail] Adams and family. Our Rulers continue as obstinately opposed to the Federal Government as ever, and I have no Idea that they ever intend to call a Convention; they are striving to alienate the minds of the people at large by exagerating the amount of the Salleries allowed the Members of Congress, and take hold of every Topick that in any measure answers their wicked purposes; I am still of opinion if Congress could send and Enquire of the State in a pretty plain & firm Tone the Reason why they do not take up the great Question of the Constitution in the mode Recommended by the Grand Convention and the Resolve of Congress, that it would stagger their Mermadons, and occasion the people to look to the Minority to get them out of the Dialemna they are now in. In Establishing the Judiciary System; was in hopes to have seen some stroke that would have saved the publick & private Securities of the Inhabitants of this State that have been obliged to put them off in other States to save them. I see no remedy if the Bill pass as first proposed. This will be Delivered you by the Reverend Mr. [Enos] Hitchcock, who I Recommend to your particular Notice as a worthy Character in the Clerical line. ALS, Adams Family Manuscript Trust, MHi. Written from Providence, Rhode Island.
Benjamin Goodhue to George Washington Mr. Goodhue, having had the honour, on the 30th of June of recommending to the President of the United States certain persons as suitable to fill the offices in the revenue in that part of the Massachusetts, which he more immediately represents; and not being then so sufficiently informed of the particular Offices, in which they might most beneficialy be employed; has since that time with Mr. Dalton who comes from the same County in the Massachusetts attended to the subject, and would again humbly beg leave to recommend to the President of the United States, the following arrangement, as best suited to promote the general good, and consisting of such persons, whom We are well assured from our personal Knowledge of their
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abilities and integrity, will fill the several Offices with reputation and give great satisfaction to our Constituents. Joseph Hiller Esqe. as Collector William Pickman Esqe. as Naval Officer Bartholomew Putnam as Surveyor District of Salem Josiah Batchelder Esqe. as Surveyor for Beverly Jeremiah Staniford as Surveyor for Ipswich Stephen Cross Esq. as Collector District of Newburyport Jonathan Titcomb Esqe. as Naval Officer Michael Hodge Esqe. as Surveyor Epes Sargent Esqe. as Collector District of Gloucester Thomas Forster as Surveyor District of Marblehead Richard Harris Esqe. as Collector or Stephen Savalle Esqe. Ms, hand of Goodhue, Washington Papers, DLC.
Tobias Lear to James Jackson The President of the United States has directed me to return the enclosed letters1 to you, which he has perused—and likewise to inform you that he is now engaged in obtaining from the Secretary of War and every other channel such information relative to the situation of Indian affairs as will enable him to form a just opinion thereon. P. S. The President has this moment received advices from the Commissioners2 who have been appointed to treat with the Indians on the part of the United States, which inform him so far as he has examined them that matters are in a favorable train. FC:lbk, Washington Papers, DLC. 1 2
See Jackson to Washington, 21 June, above. Andrew Pickens and Henry Osborne; for their report of 30 June, see DHFFC 2:188–99.
Peter Muhlenberg to Benjamin Rush I have to acknowledge the receipt of Your favour of the 13th. instant, which came to my hands only two days ago—Commodore [ James] Nicholson is returnd, and informd me that Mr. [Benjamin] Walker was the Gentleman appointed to settle those claims You mentiond—I waited on him yesterday and was informd, that a total cessation of Business had taken place
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in his Office, & that it would recommence as soon as the Departments were organisd & reestablishd—That as soon as this measure took place, a power of Attorney from You would be sufficient to procure a settlement. Mr. Leonard from Massachusett was so obliging to enclose Your Letter and to forward it to Mr. [ Jeremy] Bellknap. Yesterday Mr. Maddison brought on his propositions for amending The Constitution, The whole day was taken up in debating, whether They should be refer’d to a Committee of The whole House, or a select Committee. I was not sorry to find the latter Prevail, as I conceive no one good purpose can be answerd by discussing this subject before Crouded Galleries, circumstancd as we are at present. The Committee are directed to report generally. Before Your Letter came to hand, The House had allready agreed to The Report of The Committee on fixing The Salaries and the pay of The Senators & Representatives remains at Six Dollars Pr. day—but not withstanding this determination I have no doubt that any Member, who has scruples of Conscience against receiving so large a sum, will be indulgd with the Priviledge of taking as much less as he pleases—I confess there is no great probability that I shall be troubled with scruples on this head; and I am perfectly satisfied that the sum was not reduced, for there is not a Member, even among those who wishd to reduce it, but is perfectly convincd, that he can not live in this place for less, without injury to himself—This proves fully that the good of the United States requires a removal from this place, & whenever this happens I shall chearfully vote to lessen the Salaries—You have no conception at what extravagant rates every thing is paid for in this place, and the general Principle seems to be this, That as the stay of Congress is doubtfull it is necessary to take time by the forelock—there is not a place within the State of Pensylvania, where we could not live more comfortable on four Dollars than here on Six—it is in vain at this place to talk of frugality, Œconomy, & a Republican Stile of Living—the most rigid are carried away with the Stream The German Gentleman You allude to, is one of my Correspondents, I shall take an Opportunity to sound him on the subject. I am happy to find that the prospect of a [Pennsylvania constitutional] Convention brightens, If it should take effect I flatter myself it will be productive of the most salutary consequences to the State. ALS, Gratz Collection, PHi.
William Smith (Md.) to Otho H. Williams I told you in my last that I had engaged in a Party up the North [Hudson] river, we accordingly embarqued, ten in Number on board a Sloop, on friday
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about three oClock P.M. & came to an Anchor before Nine, aBreast of West point, Sixty five miles from N.Y. On Saturday morning we landed in Two divisions, & marched up to Fort Putnam,1 which we were told is 1000 feet above the surface of the river, & which we gained possession of without the loss of a single man, Mr. D. Carroll, much fatigued, but not mentally so; After leaving an officer & fifty men, to take care of the Fort, military stores &ca., we descended the hill & embarked for Poukeepsie, which we reached about 11. oClock twenty five miles high up, & [blotted out] in all About 90 Miles from N.Y. And we Could with ease have got to Albany that evening, we however dined & spent the day at Poukeepsie, Saild from thence at 9. OC. in the evening & reached this city at eleven on Monday morning in time to meet the house, our passing down was rather ruff head winds, all the way, however on the whole we had a very agreeable Voyage, but at the time of this present writing my head is so deranged that the room, tables & chairs seem in motion, although I am now two days on shore, [lined out] I have not time to add, but that I have this moment recd. yours of the 14th. which affords me the pleasure of hearing you are all well. ALS, Williams Papers, MdHi. Addressed to Baltimore. 1 The fortification begun in early 1778 under the direction of Gen. Israel Putnam, capping the promontory above the present day location of the military academy at West Point, New York.
Michael Jenifer Stone to George Washington I take the Liberty to lay before you the inclosed Letters. Mr. [ John] Davidson & Mr. [ John] Kilty are members of the Council of Maryland. Mr. [Christopher] Richmond1 has been Auditor of that State. All these are Men of reputation. Doctor E[dward]. Johnson is a Physitian of Baltimore Town. Col. Richard Barnes is a Gentleman of undoubted Honor & integrety. W[illiam]. H. Dorsey Esqr. is an Attorney at Law of unblemished reputation. Mr. [ John] Wright I do not know. Captn. [Alexander] Furnival I do not know. Mr. [George] Biscoe has the reputation of being an Excellent Naval Officer under the State of Maryland which reputation I believe he merits. Captn. [Robert] Chesley has the Character of having Bravely fought for his Country of being a Bold generous Honest Man. Mr. [Charles] Chilton of being Honest Steady & industrious.
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Mr. Linn [David Lynn] I am not acquainted with But he is one of the Members of the House Delegates of Maryland. Mr. [ James] Hopewell has been in the Legislature and is a Genteel Man—I inclose his Letter because I perceive it is the only mode in which he has applied. I have in the preceeding discharged a Duty. Ms, hand of Stone, Washington Papers, DLC. 1 On 7 March 1791 Daniel Carroll wrote Washington from Philadelphia, citing “a long acquaintance” with Richmond and recommending him as comptroller of the treasury (PGW 7:523n).
Letter from a Member of Congress Yesterday we committed Mr. Madison’s propositions on the subject of amendments to the constitution, together with the propositions from the several States, to a Committee, consisting of a member from each State, to report thereon. There is little doubt that amendments, satisfactory to the People, will be recommended by our House. What will be their fate in the Senate is doubtful. The Legislature of this State [New York] have appointed General Schuyler, and Mr. Rufus King Senators; and have passed an act providing for the Independence of Vermont. [Winchester] Virginia Centinel, 5 August, from a non-extant issue of the [Alexandria] Virginia Gazette, 30 July. The editors believe that the writer is R. B. Lee, Alexandria’s Congressman.
Other Documents
John Adams to Roger Sherman. Incomplete FC:dft, Adams Family Manuscript Trust, MHi. Reply to Sherman’s letter of 20 July. Elias Boudinot to William Bradford, Jr. No copy known; acknowledged in Bradford to Boudinot, 24 July. Lambert Cadwalader to George Mitchell. ALS, Roberts Collection, PHC. Addressed to Dagsbury, Delaware. Private business transactions involving future Senator Dickinson; progress of legislation; a committee will report on Madison’s Amendments and “those proposed by the State Conventions”; it “is composed of Federalists & the Report will be such as we may adopt with Safety—& tho of little or no Consequence it will calm the Turbulence of the Opposition,
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in Virga., & some of the other States, and certainly bring N. Carolina into the Union.” Henry Glen to Philip Schuyler. ALS, Schuyler Papers, NN. Written from Albany, New York. Office seeking: in the Albany area; asks help in settling his accounts as an agent for the board of commissioners of Indian affairs over which Schuyler had presided. (Glen’s petition to Congress seeking compensation for services and sums advanced as agent was referred to the board of treasury in March 1786 but never reported on; see JCC 30:116.) Thomas Jefferson to James Madison. ALS, Madison Papers, DLC. Written from Paris. For the full text, see PJM 12:303–6. Revolutionary events of the preceding month in Paris and Versailles; hopes soon to receive permission to return home. James Madison to Edward Carrington. No copy known; acknowledged in Carrington to Madison, 3 August. John Penn to George Read. ALS, Rodney Collection of Read Papers, DeHi. Written from London; addressed to New Castle, Delaware; carried by Mr. Physick. For the full text, see Read, p. 485. Asks Read’s assistance in settling the Penn family’s affairs in America; “I hope you go on prosperously in the establishment of your new Government & that you may soon get clear of the clouds that were hanging over you when I left America, & though my own Interest would naturally lead me to this wish, I assure you I should be happy to hear of this event, for the sake of America in general, & particularly for the few friends I have left there.” Jeremiah Wadsworth to Peter Colt. ALS, Wadsworth Papers, CtHi. Asks Colt to put the keys which Wadsworth left when he was home in a letter for New York so that he may receive them on Saturday. GUS, 25 July. King arrived in New York from Albany.
22–23 JULY 1789
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Thursday, 23 July 1789 Hot (Johnson)
Fisher Ames to George R. Minot I begin to feel some confidence in the approbation of our progress in business. It seems to have moved with more velocity than formerly. The judicial bill is to be taken up next Monday. If that should not occupy us longer than the spirit of fair inquiry may demand, we shall adjourn in six weeks. I dare not indulge the hope of it. We have had the amendments on the tapis, and referred them to a committee of one from a State. I hope much debate will be avoided by this mode, and that the amendments will be more rational, and less ad populum,1 than Madison’s. It is necessary to conciliate, and I would have amendments. But they should not be trash, such as would dishonor the Constitution, without pleasing its enemies. Should we propose them, North Carolina would accede. It is doubtful, in case we should not. The agents of Vermont arrived here yesterday. New York has appointed commissioners to treat with them on that subject, which is right, but they erased a clause empowering them to quiet their possessions, which is wrong, and perhaps worse than doing nothing. That is the very difficulty with Vermont. A whole people cannot be dispossessed, and as the land was actually bought, and by labor has become their own, it is not to be expected that they will suffer it to be taken away, or contested. I wish most earnestly to see Rhode Island federal, to finish the circle of union, and to dig for the foundations of the government below the frost. If I did not check this emotion, I should tire you with rant. I am displeased to hear people speak of a State out of the union. I wish it was a part of the catechism to teach youth that it cannot be. An Englishman thinks he can beat two Frenchmen. I wish to have every American think the union so indissoluble and integral, that the corn would not grow, nor the pot boil, if it should be broken. I flatter myself that this country will be what China is, with this difference, that freedom and science shall do here, what bigotry and prejudice do there, to secure the government. For I believe that ignorance is unfavorable to government, and that personal freedom is useful to government, and government (and a braced one too) indispensable to freedom. Sedgwick has come in, and orders me to quit writing. You know his arbitrary principles, a spoiled child in the rebellion. So I must obey. But God bless you, King is Senator. Ames 1:65–66. 1
Aimed at popularity.
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Thomas Hartley to Jasper Yeates I enclose you a Copy of the Judiciary Bill as it this Day came from the Senate the Printer under the Direction of the House. Monday next is appointed for to take it up—and I shall endeavour to prepare myself as well as I can. I fear that as you will be from Home next week—that I cannot hear your observations in Time, but I must beg you to write as soon as possible—as the Bill may take longer Time in passing our House than [lined out] is immagined. ALS, Yeates Papers, PHi. Addressed to Lancaster, Pennsylvania.
John Page to St. George Tucker Yesterday your Sons in Law1 arrived here & delivered me your Letter—I wish you had seen Parker before you had written the Introductory querulous Part of your Letter it—I assure you I was very serious—& felt myself much hurt at the Suspicion you had entertained—I had rather you shd. attribute my Silence to the Cause which Parker has assigned than to that which you suspected—Parker however is by no means to be relied on—he to his Reproach will say anything that will raise a laugh, or bring down Characters to his own Levil—I spend some Time with Miss [Margaret] Lowther who is indeed entitled to all I can spare, as she is truly accomplished & agreable—but I have never entertained a Thought of marrying her or any other Lady out of Virga. Mrs. — I know not—Mother Carey & her Chickens2 I go not near, nor will I ever go near them—You see how I am slandered—The Vice P—t is a B—k—d [blackguard]. Did you never see my Jet-d’Eau of Honors? It was no bad Epigram. it was in Child’s Paper of 22d of May I think.3 P. S. The inclosed Paper has a Piece worth yr. Perusal & Criticism—Madison thinks it is extracted from the V—e P—’s Book.4 I objected as you do to his signing the Bills V. Pt.—he might as well add Minister Plenipo. &c. Author of such a Book &c.—see the Brackets in the Paper—First Magistrates & Senators had better be made hereditary at once. a damnable Doctrine for which if the Author & his Book do not deserve to be burnt they at least deserve to be Tarr’d & feathered. The Editor of the Paper like the other Editors of our Debates has misrepresented & curtailed what I said on the Subject he has undertaken to state to the World I said nothing about an eligible independent Situation5—I boldly told the House unless sufficient Salaries were given to Members to induce Men of the first Abilitities to leave their Estates or Professions & confine themselves wholly to the public Service in Congress. they would
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have either Fools or knaves or Nabobs there—the first would bungle & perplex their Affairs & cost more Money in their long blundering Sessions than would be double what Men of Sense would cost us—that Knaves would spin out their Time & suit the Number of Days to the Number of Dollars they wished for & Nabobs would establish the Aristocracy that was so much dreaded that the Senate had much more to do than the Representatives— they required much more Wisdom & Experience than the R[epresentative]s. they had not only to correct the Errors of the Rs. but to make Treaties which were to be the supreme Law of the Land—they were to sit in Judgment on their fellow Citizens in the high C[our]t. of Impeachments & they are constantly to watch over the Rights of their respective Legislatures. if they did this the republics of the U.S. could never be swallowed up in a consolidated Govt. in short if wise & honest Men could be prevailed upon to take Seats in the Senate there would be no Danger of an Aristocracy or Monarchy & they would save Money to the States besides raising more by wise revenue Laws than could other wise be raised As to a Diff[eren]ce. of pay confering additional honor or Importance on the Senate as has been suggested I begged the House never to be accessory to [lined out] the Propagation of a Doctrine so infamous & yet so dangerous as that Money can confer honor & Dignity on any Man &c. &c. ALS, Tucker-Coleman Papers, ViW. 1 Tucker’s stepsons, Theodorick Bland Randolph and John Randolph of Roanoke, students at Columbia College. 2 Sailors’ name for the stormy petrel, a reference to potential danger. 3 Page’s “Fountain” of Honors was printed in Francis Childs’s NYDA; see 22 May, volume 15. 4 The piece, entitled “The Right Constitution of a Commonwealth Examined,” appeared in GUS on 22 July. Adams’s Defence of the Constitutions of Government of the United States was first published in London in 1787 and in New York and Philadelphia later the same year. 5 John Fenno’s summary of Page’s speech of 16 July is printed in DHFFC 11:1139. Thomas Lloyd’s account, DHFFC 11:1156, confirms Fenno.
Mann Page, Jr. to Richard Henry Lee I thank you for your two Letters of the 18th. & 24th. of June. I was on a Visit to my Friends on James River when they arrived, otherwise I would sooner have acknowledged the Receipt of them. I have read the Bill for establishing the fœderal Judiciary with Attention, & am happy to find that in the formation of it, the Senate have taken great Pains to remove from the Minds of the People those Apprehensions which they entertained of the Dangers which might arise under that part of the Constitution. As yet I have heard no Objections of any weight made to the Bill, nor do I perceive any
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Fault to be found with it. If it be not perfect; as soon as it begins to operate, its Imperfections will be distinctly observed, & may be properly remedied. I am well pleased that the Impost Law has at last past, but particularly so, since it has been modified by the Senate; tho’ still I think many of the Duties are too high. The Discrimination in the Tonnage, between Vessels belonging to Powers in Treaty with us, & those not, always appeared to me to be unwise. Our Object should be to conciliate to us all the Nations of the Earth; & not to imitate them by petulant & indeed impotent Attacks. I am sorry that the Opinion of those who wished to adopt the Plan of Impost of ‘83 had not been followed; much Money would have been gained to the Treasury, & the Legislature would have had leisure to digest a proper Law of Impost. Is the Treasury of the United States to be placed in the Hands of one Person? or is it to be put into Commission? If three Men are more easy to be corrupted than one, then I would wish upon the Principles of Œconomy that one should be entrusted. But if it is not likely that three Men can hardly ever be so exactly of the same Sentiments & Principles as uniformly to agree in Plans of Fraud or Corruption, & as they will constantly act as Spies upon the Conduct of each other; there seems to be more Security for the Public Money to have it placed in the Hands of Com[missione]rs. If the Treasury is put into the Hands of one Man, I fear there will be no Enquiry after the thousands which are unaccounted for, & that the Defaulters will quietly enjoy their Spoil. *** ALS, Lee Family Papers, ViU. Written from “Mann’sfield,” Spotsylvania County, Virginia. The omitted text introduces the bearer, Robert Patton.
William W. Parsons to Nicholas Gilman I have not had the pleasure of seeing You, since I was at New Port in the Year 1784—If my acquaintance with you before that time should not sufficiently excuse my troubling you in this manner, I hope that an attention to the attachments which Persons usually have for the places of their residence will supply a sufficient apology—My present place of residence is Middletown, in the County of Middlesex, and State of Connecticut. This place was originally proposed in the Senate as the place of holding the Fœderal Courts in this district. Hartford (which is Fifteen Miles Northward) and New Haven (which is Twenty Eight southward) have since been substituted, by the advice of a Majority of the Representatives from this State. As none of them are from this County, perhaps they did not advert to circumstances in favour of Middletown, which I beg leave to mention. From a Map of this State, Middletown will appear to be (according to it’s name) the central Town. It is a Shire Town and has a new Court-House the
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largest in the State and every way convenient. The Towns on Connecticut River and the Eastern Towns form three-fourths of the trading Interest of this State; Persons from those Towns will find it more convenient to attend the Fœderal Courts at Middletown, than at Hartford and New-Haven. The Controversies arising in the trading Towns will be almost the only causes subject to the civil Jurisdiction of the Fœderal Courts. These considerations disignates Middletown as peculiarly the propper place for holding them. The General Assembly of this State has never sitten but once at Middletown, although the House of Representatives has frequently voted in favour of it as being the most convenient place for that purpose. But you know, Sir, That our Governor and Council have a negative upon the votes of the House of Representatives. The General Assembly was originally holden at Hartford and New-Haven in consequence of an agreement made when the late Colony and present State of Connecticut was formed by the Union of the once distinct Colonies of New Haven and Connecticut. The supreme Court of Errors consisting of the Lieut. Governor and Council (who are part of our Assembly) set at New-Haven and Hartford on the Week previous to the Sessions of the Legislature. These are the only Courts for the State which set at only Hartford and New-Haven—The place of holding the Fœderal Courts in this district will perhaps have but a verry small share of your attention. If you should think proper to notice this subject amidst the multiplicity of other more important concerns which are connected with your public station and should consider Middletown as the propperest place for the Courts in this district, you will gratify the wishes of a very large majority of the probable suitors of those Courts by using your influence in favour of this place. It being known that I had the honour of a former acquaintance with you, I have been desired to address you on the present subject; This desire was too agreeable to my wishes in favour of Middletown to be much opposed by me. I have adventured to comply with the request perhaps too Readily, if it be an Error, your candor will influence you to forgive it. ALS, Miscellaneous Manuscripts, NHi. Written from Middletown, Connecticut.
Edmund Randolph to James Madison *** Colo. Parker seems to think (but I am persuaded upon grounds, in no respect tenable,) that the president expects applications from those, who are willing to become servants of the U.S. It is too outrageous, to be believed, and even when believed, cannot be submitted to by men of real merit. The tincture, with which he has coloured some subjects, has nauseated some of the best fœderalists here. And the form of the levee, with the prest.’s total alienation (in point of dinners,) from the representatives, has awakened
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a degree of jealousy. In short he represents every thing, as marching with furious rapidity, towards monarchy; as far as manners can work such an effect. AL, Madison Papers, DLC. Written from Williamsburg, Virginia. For the full text, see PJM 12:306.
Theodore Sedgwick to Pamela Sedgwick Just one line by Mr. [Silas] Pepoon which you will probably receive as soon as the last I wrote by the post. By him you will receive your tea and Coffee. Tell my sweet Fanny and my little farmer Theodore that I will certainly procure them the books they request if in town, but that having been disappointed in finding them at the two nearest book stores, the weather is too warm to seek further for them this morning. *** The idias of the southern gentlemen as to allowances to officers of the government and as to their own wages are so very different from ours that I have much to fear on that account. Indeed were the wishes of some to be gratifyed I must doubt whether the whole resources of this government would not be exhausted by the civil list. Violently to oppose what they call liberal grants would only tend to create a suspicion that one was actuated by a mean desire to acquire popularity from that source. Indeed the habits of the two ends of the continent are so different that what would be a liberal allowance to the members of one might be considered as parsimonious by the other. Notwithstanding I do not yet dispair of geting the wages lowered to a guinia or five dollars. The good opinion of our constituents depends much on it. The vermont commissioners are in town,1 and I every moment expect them to call on me. It is of great importance to the united states that they should be admitted into the union and I hope this object will be attained. the southern states do not much relish the proposition. Pray tell Mr. [Ephraim] Williams that it seems very generally agreed to the eastward in our state to commence all actions before the common pleas. I shall as soon as I can get time write him fully. Please to present my compts. to Mr. [Edward] Edwards & tell him that by the next post I will answer his letter. ALS, Sedgwick Family Papers, MHi. Addressed to Stockbridge, Massachusetts. 1 The “commissioners” were Moses Robinson and Isaac Tichenor, both lawyers of Bennington, Vermont. Robinson (1741–1813) had served as a colonel in the state militia, 1777–81, on the state council, 1778–85, and as chief justice from 1778 to 1789, when he became governor. In 1791 he became Vermont’s first U.S. Senator. Tichenor (1754–1838), a College of New Jersey (Princeton) graduate of 1775, migrated to Vermont as an assistant deputy com-
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missary general of purchases for the Continental Army in 1777 and served in the state assembly, 1781–85, and the state council, 1787–92. Vermont’s General Assembly had appointed Robinson, Jonathan Arnold, and Ira Allen (whom Tichenor replaced) in October 1788 as “Agents to Congress to use all due diligence to remove every obstacle to the accession of this State to the Federal government” (Princetonians, 1769–1775, pp. 528–36; John J. Duffy, et al., eds., Ethan Allen and His Kin: Correspondence, 1772–1819 [2 vols., Hanover, N.H., 1998], 1:332n). The self-proclaimed independent republic of Vermont had been sending such agents to Congress periodically since February 1780, to seek entry into the Confederation and serve as its first Congressional delegation in case of success. Negotiations over the terms of acceptance were complicated by boundary and jurisdictional disputes between Vermont and its immediate neighbors, and by Vermont’s refusal to recognize claims to land granted within its borders by the state of New York. Three separate delegations met with Congress and the subject was referred to several Congressional committees (that included future Representatives Boudinot, Carroll, Sherman, and Partridge), before Robinson, Tichenor, and two other delegates appeared in March 1782 “with plenary powers” to comply with the terms prescribed by Congress. Despite these concessions, there was no resolution of the issue until 4 June 1784, when Congress voted against taking into consideration resolutions recognizing Vermont’s independence and accepting it into the Confederation. A “gentleman” from Vermont arrived at the seat of government in May 1788 “to make enquiries, &c. respecting her admission into the Union.” But officially no further action was taken until the “commissioners” mentioned by Sedgwick arrived in July 1789 (LDC 14:384–85n, 17:529n, 18:325– 26, 18:429, 25:94; JCC 27:532–36). Newspapers from Massachusetts to Pennsylvania reported the Vermonters’ arrival in Albany on 18 July and their departure two days later en route to New York City. They passed through Albany again on 5 August, on their return home. Their presence at the seat of government was never officially acknowledged, and no Congressional letters remark on the precise nature of their consultations with members, if any. Newspapers reported simply that the delegation sought to gain “the admission of Vermont into the American Union” and to treat with Congress on “such matters interesting to said state as may be proposed to them.” It was one editorial writer’s understanding that Vermont intended to stipulate two conditions: that Congress would confirm Vermont’s grants over those of New York; and that the state would not be obliged to pay the quota she ought to have furnished during the Revolutionary War (NYDA, 30 July; [Philadelphia] Pennsylvania Packet, 20 Aug.; NYDA, 30 July, 27 Feb., “S.W.” on 16 June). A correspondence between Hamilton and Vermont lawyer Nathaniel Chipman in the summer and fall of 1788 may offer additional clues. Chipman (1752–1843) was encouraged by the support that Schuyler, Benson, and other New York Federalists had expressed for Vermont’s independence. Hamilton indicated that New Yorkers would accept Vermont’s admission to the Union as a highly prized “counterpoise” to Kentucky’s impending statehood, upon condition that all New York land grant claims were properly extinguished. Vermont’s governor and council agreed to those terms, which Hamilton suggested should be placed before the First Congress when it convened in the spring. Additionally, Robinson and Tichenor may have set out to explore Chipman’s suggestion that “the fœderal Legislature, when formed, might, on our accession, be induced on some terms to make a compensation to the New York grantees out of their western land.” Congress made no such offer (PAH 5:161–63n, 186–87, 211–12; LDC 25:397–98). As part of a settlement negotiated between Vermont and New York commissioners (who included Representative Benson), Vermont agreed to pay $30,000 in compensation following New York’s surrender of its jurisdictional claims in February 1790, paving the way for Vermont’s admission into the union a year later. Sedgwick and Benson then served on the committee that wrote the Vermont Act [HR-128] for extending federal authority into the state. For documents relating to the New York-Vermont negotiations, see DHFFC 1:552–62.
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James Sullivan to John Adams I have to acknowledge the honor of receiving your Letter dated the 14th July. as to the Subject respecting an opposition to the constitution of the united States, there are no doubt men in every society whose desperate Fortunes render them alike Enemies to all Government, but the people with very few exceptions, and these by no means important consider the Government of the united states as the palladium of their Liberty and a System which at all events is to be supported. there are in it imperfections which we all wish to have cured and hope that Wisdom and Experience Will point us to the remedy—That matter of trial by juries I must always repeat is a matter of consequence with me. but should the Executive, Legislative and Judicial powers be properly balanced the security of trial by Jury would grow out of that balance naturally. if there is an objection against this balance of power in the minds of the people of this Country, it has arisen from from the Exorbitant power of the Crown while we were a part of the british Empire. perhaps as we had no representative in Parliament the reasoning is wrong to conclude that an Executive power here possessing the same prerogatives as a King there did would be dangerous to us. but will not Time and reasoning bring all right? We are a young nation; and I conceive that the several Separate powers will gain strength from Time to Time as the Limbs in an animal gain strength and proportion by age, and that there will be a period (God give it soon) when the Constitution of the united States will arrive at compleat perfection and will after that begin in Time like that of other countries to decline: but in the mean time every aid will be given by the patriots which can be applied without convulsing the whole frame. Perhaps in this moment when Such an intire confidence is placed by the people in the men at the head of Government—many Masterly and Efficacious strokes may be given to insert in some measure the equilibrium wanting. We have nothing new here all is peace quietness & patient Expectation for blessings which no form of Government can bestow. [P. S.] This Days paper is inclosed Tomorrows I have ordered to be thrown into the mail. ALS, Adams Family Manuscript Trust, MHi. Written from Boston.
Charles Thomson to George Washington Having had the honor of serving in quality of Secretary of Congress from the first meeting of Congress in 1774 to the present time, a period of almost fifteen years, and having seen in that eventful period, by the interposition of
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divine Providence the rights of our country asserted and vindicated, its independence declared acknowledged and fixed, peace & tranquility restored & in consequence thereof a rapid advance in arts, manufacturing and population, and lastly a government established which gives well grounded hopes of promoting its lasting welfare & securing its freedom and happiness, I now wish to return to private life. With this intent I present my self before you to surrender up the charge of the books, records and papers of the late Congress which are in my custody & deposited in rooms of the house where the legislature assemble, and to deliver into your hands the Great Seal of the federal Union, the keeping of which was one of the duties of my Office, and the seal of the Admiralty which was committed to my care when that board was dissolved. Before I retire I beg leave to recommend to your favour Mr. Roger Alden who was appointed, by the late Congress, deputy Secretary & whom I have found an able & faithful assistant, and Mr. John Fisher who has served as a clerk in the Office for several years with diligence and fidelity & who alone remains unemployed. And now with most sincere and ardent wishes for the prosperity of our country and a fervent prayer for your health and happiness I bid you an affectionate Farewell. ALS, Item 49, p. 215, PCC, DNA.
George Weedon to John Page I am duly honored with yours of 12 Inst. for which I am thankful. I did not mean to press an Application on Congress for a years support of their adopted boy till their funds were in some measure arranged, but wished to have a friend in that honorable body to bring forward the business when circumstances offered. To give you a more distinct Idea of the Matter the late Congress soon after the Death of General [Hugh] Mercer passed their Vote to support & educate the Eldest son of Doctr. Warrens & youngest of General Mercer till they came of Age at the expence of the Continent.1 The first Application made to them in consequence was when they held their Sessions at Baltimore when they Voted him a sum of money for one Years Support. but not having the Journals of Congress by me do not recollect the sum, or at what particular date it was granted. since that period they have Annually granted him a decent support after the Year Expired, so that Congress are now in Arrears for his support tuition books &c.—one Year ending the 1st. of last April, and not the 1st. of Next as you mention, they have never been applied too till the Year was elapse[d], And in the first Instance not for many Years
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after their Vote for his support &c. had passed in Congress, as may be seen by their Journals The Youth is now going on 13 Years Old and as well as I recollect has only had the public support Four Years out of the 13. So that when you and my Friend Madison find a convenient & proper Opertunity of Asking for a Years Support ending the 1st. of last April—you will much Oblige the Family of our late Friend Genl. Mercer by doing it. In the mean time I have written to [ John] Hopkins to know if he has any funds in his hands belonging to the public, if he has I will Advise you. *** I thank you for your inclosures, when I mentiond the News papers, I conceived they were as plenty in N. York as Fallstaffs black berries2—do not give yourself the trouble again, we are fully advised of your public deliberations. I will not trouble you farther now, after mentioning to your Notice Mr. [Robert] Patton & Mr. Urquhart who will have the honor of delivering you this as the[y] pass thro’ N. York on their tour to the Eastwd. They are my particular friends, and will I am sure be happy in rendering you, or any of the Delegation their particular attention to any commands you may have. [P. S.] N. B. All well at Mannsfield. ALS, Weedon Papers, ICHi. Written from Fredericksburg, Virginia. The identity of the recipient is based on the reference to Page’s brother’s plantation and the proximity of Page’s district. 1 On 8 April 1777, Congress agreed to a report that monuments should be erected to generals Joseph Warren (1741–75), killed at the Battle of Bunker Hill, and Hugh Mercer (ca. 1745–1777), who died of wounds received at the Battle of Princeton. The same report provided that Joseph Warren, Jr. (ca. 1766–1790) and Hugh Mercer, Jr. (b. 1776) “be educated, from this time, at the expense of the United States.” Weedon was Mercer’s guardian from at least March 1783, when the first payment on his account was made by an order of Congress on Superintendent of Finance Robert Morris dated 21 January. The last order on the board of treasury was for $400 voted on 4 June 1788, for the year commencing 27 April 1787 ( JCC 7:243, 24:50, 34:199; PRM 7:475n). 2 Shakespeare’s King Henry IV, Part I, act 2, scene 4.
John Wendell to Elbridge Gerry I am indebted to you for your obliging favr. of the 16th Instant, I am just returned from an Excursion into the State of Vermont (so called) whose Policy has been so destructive to the Rights of the Subjects of Connecticutt Massachusetts and above all New Hampshire, that D. 100,000 would not make it good—They have enacted Laws, by which Taxes have been raised and Lands of these Subjects have been sold, without giving any Notice but in their own confin’d News Papers, I doubt not that 2000 Rights of Land have been sold for Taxes, to redeem their Paper Bills, and other Chimerical Purposes, And what makes it fall very unjustly—They have not been ad-
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mitted into the Union, but (for Peace sake) have been permitted to exercise Jurisdiction over their adopted Subjects, but it ought to have been restricted to extend over only those People & their Properties, who wish to serve under their Laws & inhabit their Territories, & as our Properties are guaranteed by Congress, People consider their Losses by these Sales only temporary—I think they ought to be admitted, but not before they have laid before Congress a Copy of their book of Laws, and retracted or compensated their unprecedented Sales of Lands, specially belonging to the Subjects of the Union—They are fearfull of this Consequence and alledge that only a certain Junto of Men have monopolized them to their great Enrichment, and ought to suffer, but they have sanctified their Proceedings under the Colour of Laws, & thereby brought the People in as Parties to their Injustice, They have ordered General Surveys of the State at an Amazing Expence, & let a few designing Men have the Sales of Lands for the Payment, and whole Rights have been sold for its Proportion, quieting Acts for Trespassers, & many other Modes to assess the Lands and expose them to sale, wholly unknown to their Proprietors in other States, Some have acquiesced for a Time expecting they will be tried by federal Laws & Courts; Others have compounded for a Trifle, and more are waiting to know wether they will be admitted into the Union or not; I perfectly agree in Sentiment with You, that unless some necessary Amendments take Place, (and there are so many offered as I fear will perplex & confound & perhaps entirely prevent the whole) the present Constitution will become Aristocratical to a high Degree, and that being too obnoxious to the People, will naturally bring on another Revolution in favr. of Monarchy; and could We be sure of a Race or Races of Washingtons to the End of Time, I should not care how soon it was established, The great Increase of New States (which a short time will introduce) will make so many Republics too Unweildy to manage unless severed into seperate Jurisdictions of a Less Number, United in the Bonds of Friendship Interest & Policy tho’ governed by distinct Legislatures, embracing a certain Jurisdiction without confusion or introduceing the Imperium in Imperio.1 I join with You in wishing never to see oppressive Measures take Place, but hope we shall always have a Power to remove the Oppressors, and of exercising our own Thoughts on any System of Governmt. Yet the present Mode of Elections is dilatory, partial and dangerous to the Union: Entre Nous of late Mr. [Benjamin] West was chosen by the People of this State at large as a federal Representative, who twas said, wd. serve—but he declin’d, and the People were ordered to chuse again, who were so displeased, that but 3000 Voters assembled again in the whole State, and any Person of the least Address or Interest might have been elected, Judge F. [Abiel Foster] is a good honest Worthy Member of Society, and so are others of our Representatives but they do not seem to be Speakers or Men of Argument. They may be
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Voters, & that only—We have some good Men who wd. make a fine Figure in [Co]ngress, but like myself carefully avoid the Quicksands of Popularity & of Elections to places in Church or State. I have seen so many Instances of Ingratitude towards Gentlemen who have exerted themselves to serve the People that I dont know which to admire most at, the Ingratitude of the One or the Promptitude of the other. I have been astonish’d that Congress did not make a temporary Provision for the Collection of the Revenue without waiting for the Progress of Formalities—Indeed I think the Fabrication of the Revenue Law was too long in Agitation but it does not require the Eyes of an Argos2 to percieve the Occasion. there were too many Interested Persons, who by evading the Payment of the Duties, and yet having the Benefit of the Rise on Merchandizes, have made large Acquisitions thereby—The Supply Bill [Appropriations Act HR-32] you mention (wch. I have not yet seen) really surprizes me—If Eight Millions are required of Us on a Peace Establishment, God knows where that the Money is to come from in Case of War. Nor can I concieve what we are to do for it to support public Credit—now, I fear the Multiplicity of public Officers, and the large Allowances made them, will absorbe too great a Part of the Revenue, And the People at large dread the Consequences, they fear direct Taxation on their Land wch. are now so reduced in Value, & their Productions will scarce payg. the Labour, that they are discouraged. They suppose (as being Consumers) they eventually pay the Revenue on imported Articles: If we could borrow foreign Monies so as to reduce the Interest on the foriegn Loan to 4 % Ct. instead of 6 % C. a great Saving might be made in that alone—Some Measure must be taken by Congress to introduce their Notes into Currency, or to establish a Bank, such an extensive Country [as] this, ought not to depend upon foriegners for its Medium [a]nd the Exportation of Bullion to the East Indies should be [p]rohibited as distructive to the Union, Our Manufactures will soon lessen British Importations, and the Increase [of?] Pearl Ash, Pot ash, Flax Seed, and Furrs together with [the] Bills of Exchge. drawn by Speculators from Europe will les[sen] the Want of Gold & Silver for Returns to England from the Northern States, and the Tobbacco, Rice, Indigo naval [illegible] Stores & American Ships frieghts will help the Southern States—The People are jealous of their Rights, and their Wants and Distresses make them suspicious, that the New Change of Constitution is subservient only to Aristocratical Purposes—Giving large Salaries and Perquisites will serve to confirm their Suspicions, and will be the only Provocative to a Revolution in favour of Monarchy. I know your Friendship will excuse the Length of my Letter and my loose indigested Sentiments express’d therein, but yr. Pen gave the Challenge and the Multum in parvo3 contained in your last Letter call’d up my Thoughts on Politicks wch. I have wholly laid aside and scarce think on only to promote
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a Currency throughout the Union wch. would be of the most important Consequence to it—I have 25,000 Dollars of the Old Emission Money wch. I have recd. from 10 to 20. for One—What will become of it? or of the New Emission for wch. The United States so solemnly guaranteed4—May Heaven bless your Consultations for the Advancement & Honour of our Native Country. Suffer not the oratorical Art of Persuasion in the Southern Members to silence your honest Mind from bolding Expressing yr. Abhorrence of Men & Measures especially those by which Miscreants may enrich themselves on the Spoils of their Country. [P. S.] My Compliments to My worthy Friends Dr. Johnston [ Johnson] & Mr. Wingate. Photocopy of ALS, Gerry Papers, DLC. Written from Portsmouth, New Hampshire. A state within a state. In Greek myth, Argos was a monster with a hundred eyes. 3 A great deal in a small space. 4 In May 1775 Congress began printing “old emission” paper money, popularly known as continental currency. In March 1780, Congress depreciated it at a ratio of forty bills to one specie dollar and issued interest bearing “new emission” money based on the credit of the states. 1 2
Alexander White to Horatio Gates I was favd. with yours by Major Willis and shall be happy in showing him every Civility *** I am not nice with respect to any particular Clause in a Law, or any particular Office, but am extremely cautious how I go beyond the bounds of Constitution, either by giving powers not authorised by it, or making Constructions favourable to power, not because I think every distinction of power contained in that instrument a necessary or a proper one, but because that is the Land Mark, which if we pass our power is unlimited I believe our Constituents are impatient at the delay of our Proceedings—I can only say, they could not have chosen Representatives who would have paid a more assiduous attention. We have at length passed all the Laws at present judged necessary on the subject of Revenue, (the collection Bill yet before the Senate)—& for establishing the several Executive Departments, the Bill for establishing Courts of Justice is come down from the Senate, and will be taken up on Monday. that for establishing a Land Office in the Western Country, and Bills for ascertaining the Salaries of the President Vice President and Members of the Legislature, with several others of less importance, are in good forwardness—A Select Committee is appointed to prepare a System of Amendments, which I flatter myself will be done in a manner that
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will give satisfaction to all good men. the general Voice seems to be for an adjournment in August. for myself—I mean to ask leave of absence about a Fortnight hence so as to enable me to be at Berkeley Court. I shall then have been nine Months out of the twelve preceding, engaged in the [Ratification] Convention & Assembly of Virginia and in Congress—A three Months Respite I hope will not be thought unreasonable—You see [Governor George] Clinton has taken the oath to the Federal Goverment. ALS, Gates Papers, NHi.
Newspaper Article A correspondent wishes to be informed, why the debates respecting amendments to the constitution, are not published, by those who under take to publish debates on other subjects? Are printers to determine for the public what debates shall be communicated and what not? If so, is it not in their power to mislead and indeed to abuse the public by partial representations or a suppression of the most important political events? How far this abuse has already taken place, let those judge who have attended the debates, and have read such parts of them as have been published in the papers. NYJ, 23 July.
Other Documents
David Austin to George Washington. ALS, Washington Papers, DLC. Written from New Haven, Connecticut. For the full text, see PGW 3:264. Office seeking: collector at New Haven; mentions the members of the Connecticut delegation as references. Simeon Baldwin to Roger Sherman. ALS, Baldwin Family Collection, CtY. Written from New Haven, Connecticut. Office seeking: prefers appointment as naval officer rather than surveyor, but acknowledges that Jonathan Fitch is the more likely candidate, because of the efforts of his friends; “That method of pushing ourselves forward *** is new to the manners of Connecticut.” Charles Emory to Stephen Collins. ALS, Collins and Son Papers, DLC. Written from Choptank Bridge, Maryland; addressed to Philadelphia; carried by Daniel Mifflin. Office seeking: asks Collins to inquire of Bassett and Henry about his chances for appointment to a federal office.
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Benjamin Goodhue to Joseph Pierce. No copy known; acknowledged in Pierce to Goodhue, 15 August. William Grayson to George Washington. ALS, Washington Papers, DLC. Office seeking: encloses letter from William Smallwood to Grayson dated 13 June in support of Henry Carberry. Henry Knox to Thomas Fitzsimons. ALS, Knox Papers, Gilder Lehrman Collection, NHi. Office seeking: regrets that there are no vacancies in the war department for Capt. Hall. James Madison to George Turner. No copy known; acknowledged in Turner to Madison, 2 August, as relating to office seeking. Nathaniel Pendleton to George Washington. ALS, Washington Papers, DLC. Written from Savannah, Georgia. For the full text, see PGW 3:292–94. Office seeking: district court judge for Georgia; mentions the South Carolina and Georgia delegations as character references and Burke, Baldwin, Few, and Jackson as professional references. Roger Sherman to Rebecca Sherman. Sherman, pp. 224–25. Addressed to “Dear Wife.” “If your state of health makes it necessary, I will return home immediately, otherwise I shall stay a little longer”; progress of legislation; has received the clothes she sent. James Sullivan to Elbridge Gerry. Photocopy of ALS, Gerry Papers, DLC. Written from Boston. Will send Gerry tomorrow’s paper to show “attentiveness to your directions respecting printing” the House committee report estimating expenses of the federal government for 1789 (DHFFC 4:55–58).
Friday, 24 July 1789 Very hot (Johnson)
John Adams to Benjamin Rush I have persecuted you too much with my Letters. I beg you would give yourself no trouble to answer them, but when you are quite at Leisure, from more important Business or more agreable Amusement.
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I deny, that there is or ever was in Europe a more free Republic than England, or that any Liberty on Earth ever equalled English Liberty, notwithstanding the defect in their Constitution. The Idea of admitting absolute Monarchy into this Country, either in this or the next Century Strikes me with horror. a little Wisdom at present, may preserve a free Government in America, I hope for ever—certainly for many Centuries. I agree with you, that hereditary Monarchy and hereditary Aristocracy, ought not yet to be attempted in America—and that three ballanced Branches, ought to be at Stated Periods elected by the People. This must and will and ought to continue, till Intrigue and Corruption Faction and Seditions Shall appear in those Elections to Such a degree as to render hereditary Institutions a Remedy against a greater Evil. I learned in my youth, from one of my Preceptors, Vattel,1 B. 2. c. 3 ss. 41. that “a Nation may grant to its Conductor, what degree of Authority and what rights it thinks proper: it is equally free, in regard to the Name, the Titles, and honours, with which it would decorate him. But it is agreable to its Wisdom, and of Importance to its Reputation, not to deviate, in this respect, too much from the Customs commonly received among civilized Nations. Let Us Still observe, that it ought to be directed there by Prudence, to proportion titles and honours, to the Power of its Superiour and to the Authority with which it would invest him. Titles and Honours, it is true, determine nothing; they are vain names and vain Ceremonies when they are ill placed: but who does not know the Influence they have, on the Thoughts of Men? This is then a more Serious affair than it appears at the first glance. The Nation ought not to degrade its conductor, by two low a Title. it ought to be Still more careful not to Swell his heart with a vain name, by unbound honours; So as to make him conceive the Thought of arrogating to himself a Power answerable to them, or to acquire a proportionable Power by unjust Conquest, on the other hand, an important Title may engage the Conductor, to Support with greater firmness the Dignity of a Nation. Conjectures determine the Prudence which observes in every Thing a just Proportion.” All the Reading Observation and Reflection of thirty or 35 Years, have confirmed these Truths in my mind. Among the Romans Scipio was Imperator, and Cæsar was Pontifex Maximus. they were Tribunus Sacer, Pater conscriptus, and Patronus excellentissimus, on all occasions, and the Prolocutor of the Senate was Prince of the Senate.2 There is not a grosser Error, in the World, than the common saying that the Romans had no Titles. We come now to your Question, which has great Weight and Solidity. “If We begin with Titles where will they end?” it is true, as you Say, “the States Still retain the Power of creating Titles.” or at least they may claim it. You
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ask another very important and difficult Question “By what Rule Shall We Settle Precedency?” I will neither undertake to answer, Where We shall end, nor to determine the Rule—But this I will venture to say, that We never shall have either Government or Tranquility or Liberty, untill Some Rule of Preceedency is adopted, and some Titles settled. The question is not whether Titles shall be admitted into our Country. They are already in it, and you will annihilate the Nation before you will eradicate them. The question is whether Provincial, Titles or Diplomatic Titles, can presume or Acquire Consideration at home or abroad to a national Government. I totally deny that there is any Thing in Reason or Religion against Titles proportional to Ranks and Trusts. and I affirm, that they are indispensably necessary to give Dignity and Energy to Government—and on this ground alone I am an advocate for them. in my private Character, I despise them as much at least as any Quaker, or Philosopher on Earth. You may depend on being the Contempt, the Scorn and the Derision of all Europe, while you call your national Condu[c]tor, General or President—You may depend on another Thing—the State Governments will ever be upper most, in America in the Minds of our own People, till you give a Superiour Title to your first national Magistrate. The most modest Title you can give him, in any reasonable Proportion, to the Wealth, Power and Population of this Country and to the constitutional Authority and Dignity of his office is “His Majesty, the President.” This is my opinion, and I Scorn to be hypocrite enough to disguise it. Miracles will not be wrought for Us. We dont deserve them. if We will have Government, We must Use human and natural means. Titles and Ranks are as essential to Government as Reason and Justice. in short government is nothing else but Titles Ceremonies and Ranks. They alone enable Reason to produce Justice. ALS, American Manuscripts, MB. 1 Emerich de Vattel (1714–67), The Law of Nations; or, Principles of the Law of Nature (first English edition, 2 vols., London, 1759–60). 2 Cornelius Scipio Africanus (236–183 b.c.) was probably the first Roman to be called “imperator,” a generic title for military commander that eventually became a special title of honor, the origin of the word “emperor.” The pontifex maximus, head of the Roman colleges of priests, was a position held by Julius Caesar and all subsequent Roman Emperors. Tribunus sacer, or sacred tribune, was the chief representative of the plebian class. Pater conscriptus, literally “enrolled father,” was one whose name appeared on the membership roll of the Roman Senate. Patronus excellentissimus was the superlative form of address for the Roman figure of patron, one who gave assistance or protection in exchange for services or political support. As Prince of the Senate, the senior living ex-censor customarily acted the role of prelocutor, with the privilege of speaking first on any motion introduced.
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Richard Henry Lee to Charles Lee Yesterday morning I moved in Committee to have the district of So. Potomac put precisely in the same situation that it now stands by our Act of Assemby—The [collection] bill had been sent to the Senate as you have been informed, making Dumfries & Newport a port of Entry & Kinsale of delivery only—This latter plan I have supposed & still think was a plan privately settled by Grayson & Madison from the part that each has taken in either house—Grayson appeared before the Committee and in his usual manner of modesty, and mildness, and with his usual strength of reasoning urged the importance of Dumfries & the high injustice that would be done to the Merchants &c. if that & Newport were not made a port of Entry—I never took more pains on any subject in my life, nor did I ever to my own satisfaction more clearly prove the propriety of the whole being one district subordinate to Alex[andri]a. The Committee however determined by way of Compromise, as they said; that there shd. be three districts independent—Alexa. Dumfries, & Kinsale—And so this troublesome business has ended—Time will prove that it is totally wrong—But since Grayson would have Dumfries a port of entry, I think that the Yeocomico being one also, will very much disappoint some part of their views—I have waited for this determination to present your letter to the President—I shall do it now immedietely, and will, if I have an opportunity, urge for Mr. [Richard M.] Scotts appointment to the Dumfries Collectorship—if that shd. fail, would the Surveyors place of Alexa. suit him—I fear the Dumfries Collectorship will be of little value—I write this after much fatiguing attendance on public business, and in great haste. ALS, Hoar Collection, MH. Addressed to Alexandria, Virginia.
George Leonard to George Washington I beg Leave to recommend for the office of Collectors in the County of Bristol and State of Massachusetts which County is part of the district I represent. The Following Persons Edward Pope Esqr. for the Port of New Bedford, and Hodijah Baylies Esqr. for the Port of Dighton. I am well acquainted with those Gentlemen and believe them to be well qualified to discharge the duties of that Office and that they will be agreeable to the People in General. ALS, Washington Papers, DLC.
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George Washington to Charles Thomson I have contemplated your Note, wherein after Mentioning your having served in quality of Secretary of Congress from the first meeting of that Body in 1774 to the present time, through an eventful period of almost fifteen years, you announce your wish to return to private life: and I have to regret that the period of my coming again into public life, should be exactly that, in which you are about to retire from it. The present age does so much justice to the unsullied reputation with which you have always conducted yourself in the execution of the duties of your Office, and Posterity will find your Name so honorably connected with the verification of such a Multitude of astonishing facts, that my single suffrage would add little to the illustration of your Merits. Yet I cannot withhold any just testimonial, in favor of so old, so faithful and so able a public officer, which might tend to sooth his mind in the shade of retirement. Accept, then, this serious Declaration, that your Services have been important, as your patriotism was distinguished; and enjoy that best of all rewards, the consciousness of having done your duty Well. You will be pleased, Sir, to deliver the Books, Records & Papers of the late Congress—the Great Seal of the Federal Union—and the Seal of the Admiralty, to Mr. Roger Alden, the late Deputy Secretary of Congress; who is requested to take charge of them until farther directions shall be given. I beg you to be persuaded that it will always afford me real pleasure to extend what ever encouragement may be consistent with my general duties, to such particular Persons as have long been faithful & useful Servants of the Community. I finally commend you to the protection of Heaven, and sincerely wish you may enjoy every species of felicity. ALS, Thomson Papers, DLC.
Joseph Whipple to John Langdon I did myself the Honor to write you in answer to your favor of the 5th instant immediately after I recd. it—but My abhorrence of every species of Sollicitation on my own account determind me then to omit writing to the President—indeed as I had but half an hour to the closing of the mail after I recd. your letter I had not time—However as it was your recommendation I wrote the next day after I had rode 50 Miles on my Journey to my plantation at Dartmo[uth]. I forwarded my letter to Portsmo[uth]. & it was transmitted by the next post, it might possibly arrive before the appointments
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were compleated—but I confess to you that the mode of application hurts my feelings—I never intended to Sollicit—the Servile attendance that is paid or the applications that are made on those occasions I cant reconcile to the independent Spirit that ought to inhabit every American Breast. Confiding in you it was a pleasure to me to Accept your friendly interest—but to apply to those to whom I am unknown & who had the immediate power of appointment I confess was mortifying—I submitted (tho reluctantly) as it might be the turning point—to avoid the exultation of Some who are your Enemies & on that accot. mine—this I acknowledge had more weight with me than any Other Consideration to induce me to write to the President. I perceive by the list of fees & Comm[ission]s. agreed on in Committee that the emoluments of the Collectorship will be Small if their report is adopted but there coud not be a Stipend affixed for every post till on tryal the precise amo. of the emoluments shoud be known when an adequate compensation will undoubtedly be known made—The Imposts for one Year at the highest estimate of the the duties agreed on amounts to 21,400 Dollars which at 1 pr. Cent will give 214 Dolls. Commn. & the fees to be divided between Collr. & Nav. Offr. are in the whole less than the latter recd. to himself before—however if its not Sufficient I have no doubt of an augmentation. It has been a question with Some—in what manner the Impost is to be paid—whether Cash down—or in time—or partly in facilities—If a certain part coud be paid in Certificates arising from Interest on the Domestic Debt—it woud tend greatly to ease the people & reconcile those to the Impost who now esteem it Grevious. I saw your little Betsy to day & Mrs. [Elizabeth] Barrell a few days past— Your Friends are all well—Your fields are mowing & the weather is fine for haying. *** ALS, Langdon Papers, NhPoA. Written from Portsmouth, New Hampshire.
Other Documents
Samuel Adams to an Unknown Recipient. FC:dft, Samuel Adams Originals, NN. Written from Boston. Opposes partisanship in federal appointments and defends from censure “Mr. S. [ James Sullivan],” a candidate for federal judge. William Bradford, Jr. to Elias Boudinot. ALS, Wallace Papers, PHi. Place from which written not indicated. Includes a postscript dated 25 July. Asks Boudinot to solicit subscriptions to Alexander J. Dallas’s reports of Pennsylvania court cases; thinking about coming to visit in August; “I
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shall be glad to see your judiciary bill as it is altered by the Senate. We have greatly mistaken the expression of the 11th. § if it does not include Ejectments, under the general term of ‘all suits of a civil nature at common law or in equity.’ But it [if?] Land trials are excluded, certainly many of the strongest Objections to the establishment of the jurisdiction of the fed. Court.” Edward Sargent to John Langdon. ALS, Langdon Papers, NhPoA. Written from Portsmouth, New Hampshire. Office seeking: one of the “Branch pilots,” or “any Trust Appertaining to my Profession *** and which you can be the means of Procuring me.” James Seagrove to George Washington. ALS, Washington Papers, DLC. Written from Savannah, Georgia. For the full text, see PGW 3:306–7. Office seeking: collector for Georgia; mentions Butler, Morris, Johnson, Wadsworth, Burke, Fitzsimons, Mathews, Jackson, and Baldwin as references. Pamela Sedgwick to Theodore Sedgwick. ALS, Sedgwick Papers, MHi. Written from Stockbridge, Massachusetts; carried by Mr. (Henry?) Hopkins. “When ever I think a letter will not be an Interruption to your more important concarns—then I write. If I misjudge you will forgive me”; rejoices at the President’s recovery and “It gratifies me that you are distinguished by him”; is concerned that her husband’s health suffers because of the “very warm” weather; “let me instruct you If you find yourself Too much affected by the Heat to leve the Town and go into the Country—If it is only for a few days *** Too constant application has ever been dettrimental to your Health”; would urge him to visit Philadelphia but has often heard that the air there “is very Bad at this Season”; family news; “I wrote last week by the Post—If you Receive the letter you will be pleasd. to Burn it immediately”; greetings from the children. Paine Wingate to Samuel Hodgdon. ALS, Timothy Pickering Papers, MHi. Addressed to Philadelphia. Forwards a letter from “Miss Hodgdon”; “I shall be very happy if your wishes respecting Mr. [Timothy] Pickering should succeed”; expresses certainty that there will be a need for clerks not provided for by the war department bill.
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Saturday, 25 July 1789 Rain (Johnson)
Harrison Gray Otis to Elbridge Gerry I hardly know how to apologise for addressing you upon a subject concerning which my information may not be correct and my opinion cannot be important—The respect and frindship which I entertain towards Judge [ James] Sullivan are my principal inducements, and if in the instance which I have in view, I can be in the least degree serviceable to him I am sure the benefit to the community will be in the same proportion—It has been suggested to me that this Gentleman is in nomination for Judge of the District of Massachusetts, and would probably be not elected were it not for intimations secretly propagated that his election would be displeasing to the people—It would prove in my opinion a most unfortunate circumstance, should his election miscarry in consequence of a report so injurious and untrue—That this event would be disgusting to some few persons, who think they have an exclusive right to form and to represent the opinions of the people, will not admit of doubt, and it is equally certain that he has been stigmatised and abused for not feigning those raptures in favor of every sentence of the new constitution, which few men of sound judgment and information really felt—It is moreover true that his character is traduced by the veteran tories who resent his early exertions in the cause of freedom— But I cannot beleive that circumstances of this nature which must be well known to you Sir, have had the least tendency to disqualify him in your view for an important national trust; and nothing can be more false than an idea that his election would be generally unpopular—Few persons possess a more extensive influence than this Gentleman in the Counties of Middlesex, Worcester and throughout the Eastern Country—His opinion is rever’d and his integrity approved by all his Employers, and his professional eminence and abilities do not require a comment—He is also the eldest Barrister in the Commonwealth, except Mr. [ John] Lowell who has (I hear) declin’d the appointment, and Mr. [Robert Treat] Paine who could not accept it—It has been hinted that Mr. Nathan Cushing may probably obtain the office in the event of Judge Sullivan’s being omitted—I believe him to be a worthy man—but if I may venture an opinion upon the subject, the appointment of a man destitute of legal erudition, will enfeeble the dignity of the federal court, compell Suitors in all cases practicable cases to resort to the appellate jurisdiction at an enormous expence, and disgust the people with the image of an inefficient tribunal analogous to the Common Pleas so long the object of detestation among them—I should not Sir presume to write with this
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freedom did I not know that Mr. Sullivan has ever been attachd to your character, and an Advocate for your measures and conduct, and also, that among his professional Brethren, he will not find many warmly disposed to support him—It is natural for some who are nearly upon a footing with him, to regard with some a degree of jealousy a man who unassisted by a regular education, and aided merely by the vigor of his mind has attained to the highest grade of professional reputation, and it is also natural for younger men to form their opinions & prejudices in the same mould with their Preceptors— Should the report which I allude to be found actually in circulation I flatter myself you will be induced to counteract it *** ALS, formerly on deposit at ICarbS. Written from Boston.
George Phillips to Benjamin Huntington, Jonathan Sturges, and Jonathan Trumbull In the Bill for regulating the judiciary Power of the United States, Middletown was originally inserted as the place of holding the fœderal Courts in this District. We have been informed, that, after the first reading the Bill in the Senate, New Haven & Hartford were substituted for Middletown, under the Idea of giving more general Satisfaction. This Alteration, which was affected by the Advice of a Majority of the Representatives of this State, has been a Subject of considerable Speculation. We consider the Opinion of the Senate’s Committee as strongly evincing the propriety of holding the Courts at Middletown. Our Interests are evidently against the Alteration; & our Opinions condemn it. We acknowledge the Controul which our Interests may exercise over our Judgments; It is an Influence from which few, very few Persons are exempt. If for this Reason our Opinion on this Subject ought to be distrusted, the like Reason may perhaps suggest some degree of Propriety in distrusting the Opinions of Persons equally interested in favour of the Alteration. The Name of Middletown, having been once inserted in the Bill, ought not to have been erased but from the Conviction that public Benefit required the Alteration; to erase it without such Conviction too much indicates the partiallity of local Attachments. The Gentlemen who proposed the Alteration must therefore have believed themselves influenced by Ideas of public Interest. But what superior general Convenience can result from the Alteration? Unless the Extent Form, or Commerce of this State, or the Disposition of the People require two Places for holding their Courts. The Convenience & Usefulness of the Courts, require that there should be but one Place. The
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Extent of this State does not require two Places: For by the Judiciary Bill, the district Courts to be holden in the States of Massachusetts, New York; Pensylvania, & South Carolina, which are all larger than Connecticut, are to be holden at one Place. The Form of this State does not require two Places: For Middletown is, (as its Name denotes) a central Town. Hartford is distant about fifteen Miles, & New Haven is distant about twenty eight Miles from the center of the State. The Suitors in the northern & eastern Parts of the State, will at half of the Terms travel twenty eight Miles further in attending the fœderal Courts, & the Suitors in the Southern & western Parts will travel fifteen Miles further than would be necessary, if the Courts were holden at Middletown. The difference of Travel to the disadvantage of the Suitors, in the eastern & northern Parts of the State, will be thirteen Miles. The district & circuit Courts, together, have six Terms. From this it appears, that, the Suitors in the eastern and northern Parts of the State will be obliged in the course of a Year to travel thirty nine Miles further, than the Suitors in the western Parts. From these Considerations, as well as a cursory Survey of the Map of this State, it appears, that the County of Middlesex, the large and extensive County of Hartford, the northerly & northwesterly Part of New Haven County, and that Part of the State which lies eastward of Connecticut River, (being two thirds of the whole State) will be better accommodated, should the Courts be holden at Middletown. This Calculation proceeds upon the Supposition, that the Business which will claim the Attention of the fœderal Courts, will be equally dispersed over the State. But this Supposition is erroneus, & veils much of the Impropriety of the Alteration. For such is the Situation of the State, that, at least three fourths of its Commerce will always center in the eastern Towns, and Towns on Connecticut River. Consequently three fourths of the Controversies originating from commercial Connections, between Citizens of this, & other States: three fourths of all Libels for Wages, Captures, and other Causes of Admiralty, & Maritime Jurisdiction, three fourths of all Seizures, Forfeitures, or Controversies made, or arising under the revenue Laws, and Statutes of Bankruptsy, will arise in these Towns. These Causes form the greater Part, or whole of the Objects of the civil Jurisdiction of the district & circuit Courts. To oblige the Parties to attend at Hartford, and New Haven, the two extreme commercial Towns, will be to impose an unnecessary Burthen. It may have been said in favour of the Alteration, that the holding of the fœderal Courts at Hartford and New Haven would be more agreable to the People of this State, than the holding them at Middletown. We readily admit, the Disposition of the People ought to be regarded; but we cannot admit that they would generally prefer Hartford & New Haven to Middle-
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town. We firmly believe, that, a large Majority of them would be against the Alteration that has taken Place. There is no official Evidence, that, the People of this State, suppose Hartford & New Haven are the most convenient Places for transacting every kind of public Business. The sitting of the generally Assembly will appear to be no Authority on this Question, when the Origin, & Reasons of the Law on that Subject are fully examined. And the Places of holding supreme Court of Errors, cannot be considered as determining what the People would deem the properest Places for holding the fœderal Courts. The Connection of the supreme Court of Errors, with the general Assembly has determined the Places of holding that Court. Does the Attachment of the People to past Habbits, require Hartford & New Haven to be substituted for Middletown? There exist no such Habits, which can affect their general Wishes respecting the Place of the fœderal Courts. These Courts are to the People an entire Novelty: And the Adoption of the Constitution itself, shews how little the Authority of Custom is revered in this State, when it is opposed to the Authority of Reason, and general Benefit. These are some of the Ideas which occured to the Inhabitants of Middletown on this Occasion. A respectable Number of them have this Day met, and are of Opinion, that, as the Representatives of this State in Congress are chosen by the People at large, these Sentiments should be communicated to them, although none of them are otherwise connected with Middletown. Perhaps Delicacy requires, that we should not request the active Assistance of these Gentlemen, whose Interests must be opposed to our Ideas of what Right requires.1 If what we have suggested, should not appear to you improper, we trust, and request, you will be ready to gratify the Wishes of a Part of your Constituents, by using your Endeavours, that the fœderal Court may be holden at Middletown. ALS, Trumbull Papers, CtHi. Written from Middletown, Connecticut, and signed by Phillips as “Chairman.” 1
Sherman of New Haven and Wadsworth of Hartford.
James Sullivan to Elbridge Gerry Your Letter of the 19 came by the Mail on Thursday. it serves more abundantly to shew your friendship and attachment to me and with which I am too happy to neglect any thing within my power which may serve to preserve it. one Gentleman has wrote on the subject you mention but I have not
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seen or heard him mention the contents. the other has no correspondence that way. I am really sorry that I have given you so much trouble in a matter wherein the public good has so small an Interest. and wherein I had no great hope of Success at first. but as I considered myself under all circumstances a fair Candidate I wished to see how far under our New Government a Citizen may be injured neglected or oppressed by for Speaking his Sentiments as an honest upright man where his duty calls him to speak. and if there is a Temper of this kind I am willing the people should know it. a new Election for the Senate is most certainly against our proposition. in the late revolution I was the means of promoting two Gentlemen in a high Judicial Department who had not been friendly to our measures because I considered their conduct as a mark of their Integrity. My Soul abhors the man who when called upon by Duty will not boldly Speak his opinion. and I more detest him let him be who he will that on the Account of different Sentiments would injure any one or who carries the resentment of Electioneering into the Acts of Government. There is not much said here respecting the acts or decisions of Congress. I be I have heard some people speak against the Compensation act. and there is one part of it which I do not like myself. I never was fond of having a vice President. it appears to me to be merely an Expedient to prevent an interregnum but the Pres[id]ent of the Senate for the Time [pro tem] being might have answered the same purpose however since there is such an officer in the Government I think the President’s salary is vastly too large or his Much too small it is not much more than the Wages of your Speaker and no ways in proportion to the rank the Constitution has given him, if the presidents is not too high. Upon attending to the Report of the Committee upon finances1 I am clearly convinced that you must immediately pass an excise Law. the Impost will not produce near a million of Dollars. some merchant in some of neighboring seaports are uneasy & threaten to hall up their vessels. I fear there will not be a punctual Collection. besides I beleive that many will [be] disatisfied with the small duties laid on foreign Bottoms in the Tonnage bill for all the zealots for the Constitution have promised the people in public & private Conversations to not only that their home built Vessels should carry their own produce but that they should be carriers for other nations these considerations may render bring on [lined out] an uneasiness and may serve to continue that contempt & abhorrence to informers which has long Existed in the united States. As to the private matter I thank you but beg you not to give yourself too much trouble in the matter my happiness does not depend in any measure upon it.
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[P. S.] I mean to write you Soon a long Letter on a great question lately agitated in New York. ALS, The James S. Copley Library, La Jolla, California. Written from Boston. This was probably the enclosure mentioned in Sullivan to Thatcher of this date. 1
For the report of the committee appointed on 29 April, see DHFFC 4:55–58.
James Sullivan to George Thatcher I wrote the inclosed upon a supposition that Mr. G[erry]. would find it in N. York should he have come on before you recieve it I beg you to inclose it to me in a Letter. We have nothing new but are hearting for the blessings of the new Government. I think you have given the President too much or the Vice President not enough some grumble a Little at your own Wages but I am easy if you will give the Vice President 9000 or 1000 [10,000?] Dollrs. & take 5000 from the Presidents. your Impost if punctually collected is quite inadequate to the purposes of Government and you must pass an Excise act as I think, but all wisdom being with you obliges me to be Silent. ALS, Manuscript Collection, PPIn. Written from Boston.
Charles Thomson to George Washington *** Agreeably to your desire I have delivered to Mr. Roger Alden the books, records and papers of the late Congress & enclose his receipt He will wait upon you to receive the Great Seal of the federal Union & the Seal of the Admiralty which I had the honor of delivering into your hands, to thank you for this mark of your favour & to execute any orders you will please to give him. *** [Receipt] I acknowledge to have recieved of Chas. Thomson late Secretary of Congress the books records and papers of the late Congress which were in his custody and which are deposited in rooms in the house where the legislature of the United States now assemble; and agreeably to the request of the President of the United States of America take charge of the same until farther directions shall be given. ALS, Thomson Papers, DLC. The receipt, in Thomson’s hand, was signed by Roger Alden For the full text, see LDC 26:535–36.
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George Washington’s Queries Concerning the Navigation of the Mississippi River 1st. If there should be a Majority—or a large Minority—in the Senate for continuing the Negotiations (maugre the difficulty with respect to the Navigation of the Mississipi) from an opinion that the terms, upon the whole, ought to be acceded to; will the President stand justified under the notification of Mr. [Don Diego de] Gardoqui’s leave of absence, & intended departure by the first opportunity, for letting him do this without submitting the matter in some form or another to the Senate? notwithstanding it is the opinion of the President that the claim of the U.S. to this Navigation ought not to be weakened by any negotiation whatsoever. 2d. Is there not some thing in the expression of the answer of Mr. Jay to Mr. Gardoqui that may be construed into a relaxation on this point, when the present derangedments are done away, and we shall be in a condition to renew the Negotiation under the New Governt. 3d. Would it be improper, besides withholding or qualifying the expression above alluded to, to convey verbally (a memorandum of which to be taken) but delicately to Mr. Gardoqui that from the very nature of things, and our peculiar situation we nev[er?] can loose sight of the use of that Navigation however it might be restrained—and that by a Just & liberal policy both Countries might derive reciprocal advantages? He had better, in my opinion, return with our ideas to this effect, delicately & tenderly expressed, than with any hope or expectation of our yielding the [na]vigation of a River whic[h] is so tenaciously contend[ed] for by [lined out] a large part of the Union, and the Rel[in]quishment of which, or [the?] fear of which, founded on appearances, would o[cc]assion—certainly. the sep[a]ration of the Western te[rri]tory. Ms, hand of Washington, Washington Papers, DLC. The dating of these queries is approximate, based on Gardoqui’s announcement of his leave of absence to Jay and Washington on 24 July and Jay’s reply on 27 July. The editors are printing the document because of the probability that Washington drew up these queries for Madison.
Other Documents
Samuel Adams to Elbridge Gerry. See 29 July, below. Henry Carberry to George Washington. ALS, Washington Papers, DLC. For the full text, see PGW 3:309–10. Office seeking: an appointment in the military or revenue service; mentions the Carrolls, Henry, Seney, Smith (Md.), Stone, Grayson, and Hartley as references.
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Benjamin Huntington to William Ellery. No copy known; acknowledged in Ellery to Huntington, 10 August. Elkanah Watson to George Washington. ALS, Washington Papers, DLC. For the full text, see PGW 3:318–19. Office seeking: one of the collectors in Massachusetts; mentions Gerry, Leonard, and Thatcher as references. Leighton Wood, Jr. to James Madison. ALS, Madison Papers, DLC. For the full text, see PJM 12:309–10. Office seeking: solicits a recommendation. William Samuel Johnson, Diary. Johnson Papers, CtHi. Dined with Adams. GUS, 25 July. King arrived on Wednesday; Schuyler “it is supposed, is now on his way” from Albany; Abiel Foster’s election as a Representative from New Hampshire “compleats the Federal Legislature.” Letter from New York, [Boston] Independent Chronicle, 30 July. Congratulates “your State” on King’s election “as it is certainly confering a great honour on it, by electing a person whom they so lately sent to Congress—and who has resided with us but a short time.”
Sunday, 26 July 1789 Joshua Brackett to John Langdon *** I am glad, for the honor of N. Hampshire to find the Judiciary Bill has undergone the two material alterations you mention, and hope you will be able to have it farther amended, till it shall stand as it ought, the errors in it are too numerous for me to point out—As to the Admiralty—if it should be kept seperate from the district Court—I should like the Appointment. you will, no doubt, use all your influence to serve me in this, and I shall always be satisfied with your conduct relating to myself; but, if it should be included in the district Court, I am sensible the Judge ought to be one having a thorough knowledge of Law—therefore should not think of it in that case. If there should be any other office, in this State, you may think I am fitt
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to hold, and worth my acceptance should be obliged for your Interest—for I must confess I wish to hold one, under the federal Government. The office of Surveyor of the Customs you mention I do not know how that would suit me, as I am unaquainted with the duties of it—I must leave that to your better Judgemt. by the Table of Fees, it appears to be as good as the naval officer or Collector—and as you are at a loss who to appoint, & so good, as to request me, to nominate a good active & smart man for that office, I could wish your interest in favor of Mr. Keith Spence, if the holding such an office is compatible with business—it would be helping a good honest industrious man in the Support of an increasing family, and promoting the interests of the unnited States, in the Collection of the Revenue, as he would conduct with propriety in it, and be agreeable to the Trade—I hope you will be able to gratifie Messrs. [ Joseph] Whipple & [Eleazer] Russell in their expectations of being continued in the offices they now hold, as it will be of great importance to them—I told the latter, yesterday that you had kindly mentioned him in your letter to me; that you would do all in your power to serve him—it seemed like a cordial to a fainting soul, & gave him new life, & Spirits. *** ALS, Langdon Papers, NhPoA. Written from Portsmouth, New Hampshire. Portions of the omitted text comment on the hay harvest, Abiel Foster’s election, and the expectation of Langdon’s return at the end of August.
Thomas Dwight to Theodore Sedgwick *** The salaries proposed to be established for the officers of our new Govt. have not as yet made much conversation among us—the weather of late has been so very favorable to the business of the farmer that notwithstanding our querulous habits, and our ungovernable propensity to murmuring and sedition, we have hardly found time within a month past to damn the Congress—when the former & latter harvests shall be over, we will assign you all collectively & individually a place among the gnawers & gnashers. to be serious, the few good people who have said any thing on the subject, think the pay of the Representatives, much too high—of the Presidents they do not conceive themselves to be competent judges. Since the formation of the new Constitution its enemies have been industrious in sowering the minds of the people—among other incentives they have asserted that it was an aristocratic plan calculated to exalt & render independent the few upon the labors and distresses of the many—that the pay of Congress would first be doubled & in a little time trebled—I think I have
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heard those words—it is a pity that the predictions of these vile incendiaries should in any instance prove true, as it will tend to fix those prejudices against the system which with prudence might otherwise be removed. that this pay is more than an equivalent for the sacrifices & services of some I will not assert nor do I think it—as to many others I am sure it is superabundant—& as to the first class perhaps it is not reasonable they should under our present circumstances expect such equivalent—Mr. [Samuel] Henshaw informs me that most of the New England members are against this establishment of pay—that those from Massa. are strenuously so—I am happy to hear it, for I am not without my fears of uneasiness among the people. *** ALS, Sedgwick Family Papers, MHi. Written from Springfield, Massachusetts.
Benjamin Goodhue to Insurance Offices of Salem Nothing very material has occur’d since my last the bill for collecting the duties has almost got through the Senate with some trifling amendments, and I suppose it will be down to the House by Tuesday and probably get through and pass into a law by Thursday or Fryday, and the Officers appointed immediately afterwards—a committee of one from each State have been upon the subject of amendments, and have agreed to report several amendments which will serve to quiet the minds of the dissatisfied without injuring the Constitution, and there is little doubt but they will pretty generaly meet the approbation of Congress and of the several State legislatures—We take up the Judicial sistem tomorrow, when probably there will be much opposition, tho’ on the whole I suspect it will obtain. ALS, Goodhue Papers, NNS. Addressed to Salem, Massachusetts; carried by Mr. Gardner.
Christopher Gore to Rufus King Last evening I was just prepar’d for sleep; a boy rappd at the door & offerd Fenno’s gazette—this paper I always view with curiosity—I read the debates of Congress—Mr. Ledyards1 death—Tablet2 &c. &c.—on the last sheet, rights Constitution of a free Commonwealth examind—Albany— attracted my notice—but having before read in our papers that Genl. Schuyler & Mr. [ James] Duane were chosen senators; I read that sketch, as I generally do advertisements; till I met, with a paragraph, announcing the appointment of Rufus King, a senator for the state of New York—to you, who know my wish for the best administration of the federal government, and that those who are most capable from their abilities & inclination Shoud
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administer it, I need not express the pleasure I receiv’d—it was unalloy’d— it afforded me all the delight that any public event coud produce in my mind. *** Mr. Dalton writes, that Congress is anxious for a recess before any mode is adopted for payment of the interest or principal of the domestic debt—The adoption of some plan for this purpose woud be very favorable to many of the most influential men in this Commonwealth and engage them most warmly to promote the operation of this government—if they are left unprotected & unprovided for, their exertions, to say the least, will be lukewarm. The present time seems, in the opinion of the wisest & best men, in this town, to be the most fortunate for adopting & assuming to the Genl. Government the excise—We now feel none of the evils of Governmt., or its demands—& setting aside the payment of our state debt, we do not [ feel?] the want of but a very small portion of this fund—but, from the operations of this government, we should feel sufficient evils, to induce those who wish to gain popular favor, to clamour against what in future will be called a new assumption—and, to say the least, there is hazard, that such clamor may be more efficacious than it woud be at the present time—if any objection is made—and of this I doubt. *** ALS, King Papers, NHi. Written from Boston. A portion of the omitted text expresses Gore’s disappointment at not being able to visit New York in September. 1 GUS, 22 July, reported the death of John Ledyard the previous January, in Cairo, Egypt. A native of Connecticut, he became famous as a protégé of Capt. James Cook and died en route to explore the interior of Africa under the auspices of England’s Royal African Company. 2 “The Tablet” was a series of anonymous public opinion pieces on youth education, originally printed in GUS and occasionally reprinted elsewhere. “Tablet” No. 29 appeared in GUS, 22 July, the issue that reported King’s election on 16 July.
James Lovell to John Adams I had often considered your Situation, before the Receipt of your Letter of the 16th, and I had hoped you would “possess yourself in Patience.” If you already draw [a] Picture [of a] Teste di legno1 and talk of Sharpening an ax for Decapitation, what am I to look for in the Run of a Twelvemonth? I do not like your diminutive italien Idea. You who are said to be more than half british ought to have called yourself a spare Rudder or Mainmast; and that would have given me a fine oppertunity to comment upon the Parsimony of those who will not pay for a good one when the Length and Risk of an Enterprise demanded such a precautionary Duplicate.
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Once more however I recur to the Tête de bois2—Tis a delphic one you must own; and you are to expect the delectable Chance of being applied to in all Cases of Difficulty; I do not mean when the Judgement of the Senate is in Reality at Moieties,3 for For, that will not be the Event one Time in Fifty, while 49 Times relative Contingencies of Popularity will balance the Votes and your oracular Decision will have the Praise or Blame. “You have decided in Favour of the Power of the Prime because you look up to that Goal.” If I did not know you well I would not write thus to you. A weak Man only would be discouraged by such Suggestions of the Base. All whom you esteem here are pleased with your Vote. But better than that, I know you have your [torn] Approbation upon your own Principles which lead regularly to impavidum ferient ruinæ.4 I feel at this Period redoubled mortification that you was not at Home when I dined with your Lady and conversed with Doctr. Tuffs [Cotton Tufts] upon the Point of Time when the continental Government was to affect our Laws of Revenue. He conceded to my Idea that we could not be deranged till the compleat organization of Congress, when I expected a Proclamation from the President directing the Continuance of the offices & officers of the Confederation till further orders and providing against any Derangements in the individual States, where the new Constitution might be naturally supposed to interfere till the Legislative measures of Congress should be in operation. I have 8 or 9 Causes of Libels to be tried this Week some of them as high as twelve hundred pounds; and I am told most of the Bar are engaged together for mutual Assistance to defend upon the principle that no Impost Law has been in Force here since—I know not when. “Congress” are to have such and such Powers—“and to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all the Powers vested by this Constitution in the Government of the United States.”5 If these Seizures of mine are acquitted all the Duties I have collected in the Period, be it what it may, are to be refunded. It was upon that Paragraph of the VIIIth Section, that I fixed for the Termination of my State Collection of Impost. what say the Merchants of N. york or Philada. respecting State Duties? Is it only here that Doubts exist? I can give only one of two Reasons why a Proclamation did not appear. The Idea at Head Quarters must have been either that Nobody could suppose we had a Right here to Impost or that nobody could doubt but that we had it—yet, in Fact, there is a great Division of Sentiment upon the Point. I have directed the Attorney General to go forward by Demurrer or Appeal. And I had advised the supreme Judges to converse upon the Subject as they were riding the Eastern Circuit or smoaking their Evening Pipes together.
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Have we now the Right of Tender? In my opinion the Constitution decide’s that without the necessity of any Law of Congress. Can a Pyrate be now tried? our Law is sufficient till Congress promulge one! This last Principle avails in the Impost. Excuse my Impertinance in showing my Opinion, while I meant to intreat yours. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. Head of wood; a figurehead. Head of wood; a figurehead. 3 Half. 4 Catastrophes strike the fearless. 5 Article 1, section 8, paragraph 18 of the Constitution. 1 2
Henry Van Schaack to Theodore Sedgwick Your long and friendly letter of the 12th instant I have duely received. That you do not approve of exorbitant allowances to any of the Servants of Government I am convinced of and I think with you that a decent regard to the habits of our Southern brethren [lined out] ought to be had, but at the same time our people expect that some regard is due to the habits and opinions of the Eastern States. The regard that was paid to the Southern Gentlemen (at the Close of the War) in Congress is viewed at this day by every considerate Man, in this quarter, as having had the most baneful effects upon the people in the united States.1 What were the effect Consequences of the Southern members of Congress receving Eight dollars a day? It produced a a spirit of emulation in the Northern Gentlemen to ape and follow the others in splendor and extravagance. I appeal to you whether our Country would not have been infinitely in a better situation if the first Congress, after the close of the War, had set out upon moderate allowances of Government and shaped their manners and way of living accordingly. If the members of Congress had been content with four dollars a day and calculated their expences agreably thereto it surely would have had a better Effect upon the minds of the people than the manner in which they conducted. The importance that the Massachusetts was then of in the union entitled her to a decent regard to the habits and feelings of the [lined out] great mass of their people, and I will maintain if that attention had been paid to us instead of all that parade pomp and shew which was introduced from the Southard and aped by the Northern folks this Country wod. at this day have been in a very eligible situation from what it now is. With respect to the Six dollars a day it matters nothing with me as to what I am to pay towards it. In writing to you I endeavor to express the sentiments and feelings of the such of the Gentlemen
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and Yeomanry of this Country as I converse with. and those are as decidedly and unanimously against the report as they well can be. Instead of abating in the opposition of sentiment agt. the Reported wages it is increasing daily. In writing to a federalist upon business I tacked to my letter a wish to know his sentiments about the Report of the Committee he replies “I join with you in prayer for the perfecting of the New Government for I truly think it hath much need of it. The Government of old England comes as near perfection as any one Government upon Earth and it will give me infinite pleasure if our new rulers will make ours better: but then they must alter the plan they have Set out upon—look at the report for fixing the wages of Congress I never in my life read of Parliaments voting themselves the money of the Nation at discretion and fixing their income at double as much as they could Earn were they at home—This for a sample of what we are to expect” Indeed my friend the opposition to the Report I believe is too general to be disregarded. This trifling matter is of moment only as at affects the public mind—the value of it has as I have told you before no weight with me. Four dollars a day will go down and people who lately have boarded in New York say that they get very decent board for 4 dollars a week. How this is you know better than I can tel you. I am infinitely obliged to you for the pains you have taken to explain to me the utility of the Presidents having the power to remove from office the executive officers of Government without this power in him I do not think the Government can operate well. But I cannot help wishing that the Constitution had been more explicit on this head. I believe the people here will however acquiesce in the Sentiments of your house in this important business. I shall probably in my next have it in my power to be more explicit, than I can now be in this matter. Before I conclude I will just mention that I have stri[c]tly adhered to my resolution of the disuse of spirituous liquors Tradesmen and laborers work for me without a drop of ardent Spirits—Making other farmers go on in the same way and I am confident that Not one quarter of the liq Rum that was used last year will be wanted this Season. If examples of people of my level has such an effect upon in society what must they have when Congress shew them instances of morality and œconomy? ALS, Sedgwick Family Papers, MHi. Written from Pittsfield, Massachusetts. 1 On 30 July 1781 Congress ordered the superintendent of finance to defray the expenses of the delegates of North Carolina, South Carolina, and Georgia during their attendance at Congress, until “the events of the war” permitted those states to resume payment on their own. The allowance was set at no more than $150 per month for each member without a family, equivalent to $7.50 per day ( JCC 20:733, 21:814).
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Jeremiah Wadsworth to Pierpont Edwards I last night received your favor with the inclosures which I shall deliver I observe you say you shall be nominated to to the President &c. do you expect Elsworth or Johnson will do this if will be difficult for any body else to do it unless he (the President) should ask them. I have not had an Opportunity to converse with Humphry [David Humphreys] but two or three Minuntes & he seemed to think Elsworth had gone far for [Richard] Law. it will be best for you to see Elsworth & have a full1 explanation. Johnson I will see early tomorrow & have an answer from & I will seek another opportunity with Humphry I wish you push Elsworth hard. I am told the Bill for Establishing a Judiciary System will be attacked on all Sides in our House it is hinted that Madison is to be the Champion, but this I doubt—I will not loose sight for a Moment of your object & if it finally fails it shall not be the fault of your friend. [P. S.] As every body applies to the President by writeing—would it not be best for you to write the President—& put your claim on the Issue of our Senators recommendation—this will force them to Act without disguise if you do so enclose to me & I will deliver if you fail on the first it may tend to secure the Se 2d object. When I left this place intrigue was an infant it has grown up now to Mans estate it will soon be a Giant. ALS, Emmet Collection, NN. Written on “Sunday Morng.” Addressed to New Haven, Connecticut. 1
Wadsworth wrote “talk” and then “full” over it.
George Washington to David Stuart In the first moments of my ability to sit in an easy chair, and that not entirely without pain, I occupy myself in acknowledging the receipt, and thanking you for your letter of the 14th. instant. *** One of the Gentlemen, whose name is mentioned in your letter,1 though high toned has never, I believe, appeared with more than two horses in his carriage—but it is to be lamented that he and some others have stirred a question which has given rise to so much animadversion and which I confess has given me much uneasiness lest it should be supposed by some (unacquainted with facts) that the object they had in view was not displeasing to me. The truth is the question was moved before I arrived, without any privity or knowledge of it on my part, and urged after I was apprised of it contrary to my opinion—for I foresaw and predicted the reception it has
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met with, and the use that would be made of it by the adversaries of the government. Happily the matter is now done with, I hope never to be revived. The opposition of the Senate to the discrimination in the Tonnage bill was so adverse to my ideas of justice and policy, that I should have suffered it to have passed silently into a law without my signature had I not been assured by some members of the Senate that they were preparing another bill which would answer the purpose more effectually without being liable to the objections and to the consequences which they feared would have attended the discrimination which was proposed in the Tonnage-Law. Why they keep their doors shut when acting in a Legislative capacity I am unable to inform you unless it is because they think there is too much speaking to the Gallery in the other House, and business thereby retarded. *** FC:lbk, Washington Papers, DLC. For the full text, see PGW 3:321–27. Portions of the omitted text relate to Washington’s efforts to develop a protocol on receiving and accepting visits and recommend that the editor of the [Alexandria] Virginia Gazette subscribe to GUS for Congressional news. 1
The reference is to John Adams. See Stuart to Washington, 14 July.
Intelligence from New York The Judicial Bill will be taken up to-morrow in our House, and I think will be warmly opposed; but it may pass notwithstanding. The Committee appointed on the subject of Amendments proposed, have gone over those Amendments, and have selected the principles, and put them into form; and will soon be ready to report. The Amendments are of that kind, I understand, as it is presumed will quiet the dissatisfied—without injuring the Constitution; and there is no room to doubt but they will be generally agreed to by Congress, and ratified by the several State Legislatures—And if this can be done, should not those acquiesce in it, who do not really wish for any alterations, as it can be done at so small an expense? And would it not be good policy? If any others, materially affecting the Constitution, should be moved for, they will certainly be rejected. [Boston] Massachusetts Centinel, 5 August; reprinted at Springfield, Massachusetts. Goodhue is probably the author of this letter.
Other Documents
William Constable to Benjamin Harrison. FC:lbk, Constable-Pierrepont Collection, NN. Parker went to Norfolk a fortnight ago.
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Henry Jackson to Henry Knox. ALS, Knox Papers, Gilder Lehrman Collection, NHi. Written from Boston. Pleased at King’s election as Senator for New York; “many here will be mortified as it will place him far beyond what they wish him to be— Envy has great power on the mind.” Theodore Sedgwick to Samuel Henshaw. No copy known; acknowledged in Henshaw to Sedgwick, 31 July. Theodore Sedgwick to Henry Van Schaack. No copy known; acknowledged in Van Schaack to Sedgwick, 12 August. George Thatcher to Sarah Thatcher. ALS, Thatcher Family Papers, MHi. Advice for raising their son Phillips and philosophy of education. George Thatcher to Thomas B. Wait. No copy known; acknowledged in Wait to Thatcher, 9 August. Henry Sewall, Diary. MHi. Attended religious service at the Old Presbyterian Church, “where I heard Mr. [ Jonathan?] Elmer, of New Jersey.”
Monday, 27 July 1789 Cool (Johnson)
Richard Henry Lee to George Washington I intended this morning to have personally delivered you the letters that I now enclose and had hopes of being indulged with a private conversation on the contents of them; but I was hindered by the company then present. Your ill state of health as well as my own, and the business that surrounds us both, may perhaps render this mode of conveyance the most convenient—The letter that I have now the honor to enclose from Mr. Charles Lee has been in my possession more than a fortnight, and would have been sooner presented had I not been restrained by the consideration of your state of health which appeared to me not to admit of being troubled with business of any kind. My son’s [Thomas Lee] letter came here on saturday last— Mr. [Richard Marshall] Scott, of whom Mr. Charles Lee speaks, I well know, and I verily believe that his capacity for business, particularly in the line he
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is recommended for, his diligence and sobriety qualify him eminently for an office in the Customs. And I incline to think that the Surveyors place of Alexandria will be more profitable than the Collectorship of Dumfries— and he already resides at the former of these places. I send my sons letter more from a desire to comply with his request, than from any opinion I have of the place being worth the acceptance of any trust worthy person—I do not however undertake to judge for him, and I am sure that you are a much better Judge of the affair than I am. Great responsibility, extensive duties of office, and constant confinement are required from the Collectors or a deputy with salary must do the business in case of absence. And at Dumfries the duties of Collector, Naval Officer, and Surveyor must all be performed by the former—At the same time that the profit of the office, so far as I am able to judge, will not exceed £52. annually from which must be deducted the expences of the office—Whatever you are pleased to do Sir in this affair will be perfectly agreeable to me. It is in consequence of the strongest recommendations from our friend Colo. Henry Lee of Stratford and from many other respectable persons that I mention Mr. Musco Livingston who has resided some time at Norfolk and who is desirous of serving in the office of Surveyor for the district of Norfolk & Portsmouth He is a native of Essex County in Virginia, has been in trade and is well acquainted with Ship business—He was a Lieutenant in one of our frigates in the late war. He is certainly a Gentleman and a Man of business, and I think that he will discharge the duties of the office he sollicits with very great propriety. ALS, Washington Papers, DLC.
George Partridge to Tobias Lear My local circumstances having given me some advantages for knowing characters in the Counties of Plimouth and Barnstable, I beg leave to observe that William Watson Esqr. who is a Judge of the Court of Common pleas for the County, is also Naval officer for the port of plimouth. he has a good political & moral Character, & depends very much on his Office for the support of his family. Ephraim Spooner Esqr. and William Jackson are Gentelmen of good Character also and are desirous of being appointed to the collectorship in the port of Plimouth. Brigadr. Joseph Otis lives in the Town of Barnstable, he sustains a good reputation, but has been rather reduced by carring on various manufactures and other Business. I believe he will be able to procure good Bondsmen, and I think he will give satisfaction to the people of that district, as well as to the public in general.
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Mr. Sturgis Gorham also would be glad of an appointment for the port of Barnstable, and is a very industrious active man. I am not acquainted with The present Naval Officer for the port of Barnstable [Samuel Hinckley] I have heard however that he is concerned in trade himself, and sometimes goes to sea master of his own Vessel, on foreign voyages, which may make it inconvenient to him to attend his Duty as Collector I dont wish that any thing I have said should have any weight only as mere information, as I have no friend to serve in particular and wish to serve the publick only in this Business. I shall be obliged to you to make the above communication to the president of the U. States. [P. S.] I have observed that the Naval Officer for Barnstable is concerned in trade, this I was informed of by Mr. Thatcher member of our house, who is a Native of Barnstable County, but he added at the same time, that he was not sure but he had left off his sea faring Business. I wrote the above in consequence of our conversation yesterday. ALS, Washington Papers, DLC.
Roger Sherman to John Adams I received your letter of the 20th Inst. I had in mine of the Same date communicated to you my Ideas on that part of the Constitution, limiting the Presidents power of negativing the acts of the legislature—And just hinted Some thoughts on the propriety, of the provision made for the appointment to offices, which I esteem to be a power nearly as important as legislation. If that was vested in the President alone, he might were it not for his periodical election by the people render himself despotic. It was a Saying of one of one of the Kings of England. That while the King could appoint the Bishops and judges he might have what Religion and Law he pleased. It appears to me the Senate is the most important branch in the government, for aiding & Supporting the Executive, Securing the rights of the individual States, the government of the united States, and the liberties of the people. The Executive Magistrate is to execute the laws, the Senate being a branch of the legislature will naturally incline to have them duly executed, and therefore will advise to Such appointments as will best attain that end. from the knowledge of the people in the Several States, they can give the best information who are qualified for Offices, and though they will as you justly observe in Some degree lessen his responsibility, yet their advice may enable him to make such judicious appointments as to render responsibility less necessary.
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The Senators being eligible by the legislatures of the several States, and dependent on them for reelection will be vigilant in Supporting their rights against infringement by the legislature or executive of the united States. and the government of the Union being federal, and Instituted by the Several States for the advancement of their Interests, they may be considered as so many pillars to support it, and by the exercise of the State governments peace and good order may be preserved in places most remote from the Seat of the Federal government, as well as at the centre. And the Municipal and federal rights of the people at large will be regarded by the Senate, they being elected by the immediate representatives of the people, & their rights will be best Secured, by a due execution of the laws. What temptation can the Senate be under to be partiality in the trial of officers whom they had a voice in the appointment of, can they be disposed to favour a person who has violated his trust & their confidence? The other evils that you mention that may resulting from this power appear to me but barely possible. The Senators will doubtless be in general Some of the most respectable citizens in the States for wisdom & probity, Superiour to mean and unworthy conduct— and instead of undue influence to procure appointments for themselves or their friends, they will consider that a fair and upright conduct will have the best tendency to preserve the confidence of the people & of the States. They will be disposed to be diffident in recommending their friends & kindred, lest they Should be Suspected of partiality, and the other Members will feel the Same kind of reluctance, lest they Should be thought unduly to favour a person because related to a member of their body. So that their friends and relations would not Stand so good a chance for appointment to offices according to their merit as others. The Senate is a convenient body to advise the President from the Smalness of its numbers. And I think the laws would be better framed & more duly administred if the Executive and judiciary officers were in general members of the legislature, in case there should be no interference as to the time of attending to their Several duties—this I have learned by experience in the government in which I live & by observation of others differently constituted. I see no principles in our Constitution that have any tendency to Aristocracy, which if I understand the term, is, A government by Nobles independent of the people, which cant take place in either respect without a total Subversion of the Constitution, and as both branches of Congress are elegible from the Citizens at large & wealth is not a requisite qualification, both will commonly be composed of members of Similar Circumstances in Life. And I See no reason why the Several brancheses of the government Should not maintain the most perfect harmony, their powers being all directed to one end the advancement of the public good.
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If the President alone was vested with the power of appointing all officers, and was left to Select a Council for himself he would be liable to be deceived by flatterers and pretenders to Patriotism, who would have no motive but their own emolument, they would wish to extend the powers of the Executive to encrease their own importance, and however upright he might be in his intentions, there would be great danger of his being misled, even to the Subversion of the Constitution, or at least to introduce such evils as to interrup the harmony of the government & deprive him of the confidence of the people. but I have Said enough upon these Speculative points, which nothing but experience can reduce to a certainty. AL, Adams Family Manuscript Trust, MHi. The letter is undated, but Sherman’s differently worded draft is dated 27 July (FC:dft, Foster Autograph Collection, MHi). It may well have been completed and delivered after that date.
William Smith (Md.) to Otho H. Williams We are now almost arrived at the first of August, & the collection bill is not yet returned from the Senate what will be the consequence of this delay I know not but I suppose a suspending clause must be added to the law, as it cant possibly be in opperation by the day fixed—In answer to yr. queries of the 15th, I would observe that the discount of 10 % Cent is on the gross amount of all duties whether enumerated or non enumerated. And “other manner” means all vessells from India not the property of Citizens. not having a coppy of that bill meaning the collection I cant at present answer particularly to your other queries. I can only say that it underwent a considerable change in our house from the printed coppy you have seen, & I understand it is considerably changed in the senate but whether for the better or the worse, I cant pretend to say, This day the Judiciary bill is taken up in the house of Representatives that is also alterd in the senate from the printed coppy you have seen. The senate have given up the question on error—10 % Ct. off excess of 50 Dols. if paid in imported Cash. The Presidents power of removall from Office they were equally divided on the question, when it was determined by the Vice president in favor of the Presidents right of removal from office as chief Majistrate, without the consent or advice of the senate; this determination took place on the passing the bill for establishing a department for foreign affairs, whether or not the debate will be renewed when the other bills of a Similar nature are before that house time must Show.
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I Presume the president will, the last of this week or the first of Next, begin to make the appointments for collecting the revenue. I pitty his situation & feel for the distress, that many applicants must inevitably feel on their disapointment & many must be disapointed, they begin to collect in Swarms to renew their petitions, although I am persuaded their personal attendance will avail them little. I dont know any oppertunity I can have to promote Aristides1 views, but I am persuaded Mr. C. C[arroll]. will Serve him if he can, & he will probably be consulted on the Appointments to fill the Judiciary. Whether a Judge in the Circuit Courts will be preferable to that he now holds, or if he can fill both I know not in either case I think it very likely he will be named. P. S. I Sent you by Mr. [Leonard] Harbach Last week the Journals of the Senate. ALS, Williams Papers, MdHi. Addressed to Baltimore. 1 “Aristides” was the pen name used by Alexander Contee Hanson for his newspaper articles published from January to March 1788 in support of Maryland’s ratification of the Constitution.
William Tudor to John Adams Our Citizens here disapprobate the Compensations, as they are called, which have passed the lower House of Congress. They generally think that the Salary of the Vice President should have been Ten thousand Dollars, A Guinea per Diem for the Representatives, & six Dollars for a Senator. As it now stands, the first Sum is a Disgrace to the Government; & is here considered as arising from Party Views & illiberal Policy. The Constitution intended a Distinction in the Rank & Dignity of the Senate as being the Upper House of Congress, & that Difference ought to be extended to Pay as well as to Place. Our Profession are waiting with some Impatience for the Judicial Appointments. *** ALS, Adams Family Manuscript Trust, MHi. Written from Boston. The omitted portion of the letter mentions Francis Dana and John Lowell as candidates for the Supreme Court, and Tudor’s desire for a federal appointment.
Governor George Walton to Georgia Senators and Representatives You will please to be refered to the Enclosed order of Council, dated the 17th Instant.1 The facts on which it was founded are well known to all, or
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some of You, Considerable injury has already been done Sustained by a Number of Citizens, and it will be useless to make peace with the Indians (which I believe there is no doubt of ) unless we can establish a better understanding with the Spaniards. I do not know that I can farther discharge my duty better, than by refering You to Your own Judgment and discretion, and to my letter to the President, a Copy of which I have directed to be inclosed to you.2 FC:lbk, Governor’s Letterbook, G-Ar. Written from Augusta, Georgia. 1 That “the Governor be requested to write to the President of the Union, and to the Deputies of this State in Congress, on the subject of the Spaniards harboring the Slaves of the Citizens of this State, and to press that measures be taken for having them restored. And preventing it in future” (Journal of the Georgia Executive Council, G-Ar). 2 See PGW 3:333.
Letter from Providence, Rhode Island The politics of this state, I fondly hope and almost trust, will put on a new appearance at the next session of our assembly, which, by adjournment, is to meet in October, but will I think undoubtedly be called sooner. The leaders of the majority allow that we cannot remain long in our present situation, and that the new government must be adopted. The speaker of the House has given it as his opinion, that were Congress to write a letter to the Governor, recommending a call of our assembly for the purpose of recommending a convention, the measure would assuredly take place—in that case an adoption of the new government would be inevitable. But Congress I think will not write letters to this state. Mr. Benson, you will recollect, some time since, made a motion to that effect, which was negatived. I am just informed that a Dr. [ John] Taylor has removed from Douglas (Massachusetts) to Smithfield in this State. He was a member of the late Massachusetts Convention, and a violent opposer of the New Government; yet on its adoption by that State declared his acquiescence, and that he should recommend it to his constituents. This declaration he has had the effrontery to deny, and is riding about the country for the express purpose of strengthening the opposition among us—telling our wiseacres, that if we persevere, we shall be the happiest people on the face of the earth—that it is not in the power of Congress to force us into the measure, &c. He is said to be a man of some abilities, but our majority needed not this auxiliary. NYP, 11 August; reprinted at Worcester, Massachusetts; Philadelphia; and Winchester, Virginia.
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Other Documents
John Hoomes to James Madison. ALS, Madison Papers, DLC. Written from Bowling Green, Virginia. For the full text, see PJM 12:312–13. Is considering moving to Kentucky where lands are “richer than any to be yet found in N. America”; inquires of the future prospects for trade between the settlers and the Spaniards, free navigation of the Mississippi River, or the “prospect of New Orleans being made a free port which is certainly the best thing that could be done for that Country”; reports that settlers who went with George Morgan to the Spanish side of the river have returned “much disgusted & it is said there is not the smallest prospect of his effecting a Settlement there.” Tobias Lear to John Langdon. ALS, Langdon-Elwyn Family Papers, NhHi. Misinformed him the evening before when he told him the President had changed the day for receiving company from Tuesday to Wednesday; Tuesday remains the day. James Madison to James Monroe. No copy known; acknowledged in Monroe to Madison, 12 August. Minutes of the Committee of Correspondence, Pennsylvania Abolition Society Papers, PHi. Directs that copies of the “Plymouth Pamphlet,” reprinted by the Society as a broadside entitled “Remarks on the Slave Trade,” be transmitted to Thomas Scott for delivery to each Senator and Representative. Philip Schuyler to Catherine Schuyler. ALS, Schuyler Papers, NN; begins, “My beloved Caty.” Arrived here at 6:30 a.m. after an agreeable passage; has not had an opportunity to inquire about a house for them. Governor George Walton to Abraham Baldwin. FC:lbk, Governor’s Letterbook, G-Ar. Written from Augusta, Georgia. Encloses “two proceedings of Council, with respect to the payments made by the State agent to the [Georgia] delegates, of different dates; to which you are refered.” Governor George Walton to Speaker Frederick A. Muhlenberg. FC:lbk, Governor’s Letterbook, G-Ar. Written from Augusta, Georgia. For the full text, see DHFFC 4:55. Transmittal of state auditor’s letter on imports and exports.
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Governor George Walton to Georgia Senators and Representatives. FC:lbk, Governor’s Letterbook, G-Ar. Written from Augusta, Georgia. Transmits executive council order of 6 July regarding “a charge of two Negroes omitted in the settlement of the accounts of Captain William McIntosh” to be laid before the commissioners for settlement.
Tuesday, 28 July 1789 Cool (Johnson)
John Adams to Benjamin Rush *** You doubt whether Titles overawe the profligate. You ask where do I find more profligate manners, than among the citizens of London? I am almost disposed to answer you, by Saying, in Boston, in New York, in Philadelphia. I assure you, my friend I wish my dear Countrymen had less Vanity and more Pride. The Advantages we have, over Europe, are chiefly geographical—I see very little moral or political Preference. As far as I can judge there is as much Vice, Folly, and more Infidelity and Idleness and Luxury and Dissipation, in any of our great Towns, in Proportion to Numbers, as in London. But the Question should be what would be, the degree of Profligacy in London, if there were no Titles? and I seriously believe it would be much greater than it is. Nay I dont believe it would be possible to support any Government at all, among such Multitudes without Distinctions of Rank and the Titles that mark them. According to what I have seen in England, as well as France Holland Spain and Germany, there is nothing Strikes and overawes the most abandoned of the Populace so much as Titles. Whether Titles beget Pride in Rulers, or not is not an argument. Would you reject every Thing that begets Pride? if you do you must reject Virtue, which begets the most exquisite, exalted and unconquerable Pride. You must reject Laws, Government, offices of all kind, and even Religion. Spiritual Pride, has grown out of Religion. Would you reject religion. Men who will be made proud by a Title, will be made so by an office without a Title. But Why Should Titles beget Baseness among the common People? Respect, Reverence, Submission and Obedience to the Laws and lawful Magistrates You would wish to see both in the virtuous and vicious of the common People. if Obedience cannot be obtained from the vicious without begetting Baseness, by which I suppose you mean fear, why should you ob-
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ject to that. But Titles have no Tendency to beget Baseness in poor Men who are virtuous, more than offices without Titles. But I must insist that Laws are made and Magistrates appointed on Purpose, to create Fear, & Terror in the Minds of the vicious, and if Titles will Save you the expence of Gallows, stocks Whipping Posts, or the Pain of employing them, why not Use them? if Titles will do instead of Armies and Navies, or any Part of them, why reject them? Don’t the Gallows beget Baseness in the Common People? Would you have no Gallows? dont a prison beget Baseness? Would you have no Prison? dont all sorts of Punishments beget Baseness? Would you abolish all Punishments? *** ALS, American Manuscripts, MB. Written from “Richmond Hill,” outside New York City. For the full text, see Alexander Biddle, Old Family Letters (Philadelphia, 1892), pp. 47– 51. The omitted portion argues the utility of titles in ancient Rome and Greece.
Fisher Ames to John Lowell I have perused your two letters remarking upon the Judicial Bill with great attention—and in order to make use of your hints, I have marked them on the margin of my printed bill. I am sure that you would not have been able, with so many claims upon your time, to have criticised the principles of the bill so closely, if the importance of the system to the well being of the Govt. had not made it a favourite subject of reflection and study. You will please to accept my unfeigned thanks for your communications. Yesterday the Bill was the order of the day—But other business, viz.— the Collection Bill &c. prevented attention to it. It has not yet been taken up, and perhaps will not be even tomorrow It is a subject of great anxiety with those whom I associate with. The Amendments to the Constitution were reported to day by the Committee of one from a state, and order’d to be printed. The Coasting Bill is debating and will not detain us long. It was taken up today. We begin to talk of an Adjournment early in Septr. It is not possible to calculate how much talk will be made by the Judicial. I wish for a Recess as grateful in itself, and expedient I have observed that every public body that I have seen meets with more good temper than it can preserve. The house is still an exception. How long it would continue so, I would not have put to the test—At present, the assembly is more decent than wise. has more moderation and patriotism than system and energy—This in confidence I ought not to dilate upon such a theme. It is certain that Chief Justice [William] Cushing has been recommended to the Prest. But by whom, or by what influence the nomination will be
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supported I am not able to discover. I am sure that the Senators, and I believe all the Reps. of our state would not wish his appointment. I would not affect reserve upon this subject—because I am sure that you cannot be a stranger to my wishes nor will I claim any merit with you by declaring what they are. Judge Cushing’s merit is not to be disputed, nor parted with from the bench where he presides at present. I am informed that the prest. asks information in regard to his intended appointments—and I am very positive, that the Masstts. delegation will express their wishes and reasons in favour of another appointment than that which has been proposed to him. Those reasons have such intrinsic authority, and will be so maintained as to create a strong probability of their prevailing with the excellent prest. who regards nothing else. His mode of conducting the executive business is very secret. He does not ask the Advice of the Senators individually, in order to determine beforehand whom it will be proper to nominate to office The revenue officers will be appointed very soon and I understand that the some of the Senate are disgusted that he leaves—or is likely to leave to the Senate, the sole power of rejecting the person nominated and nothing more. They expected to act more in quality of an executive council. We are, therefore, left to conjecture what nominations he will make. I am sure that he will endeavour to procure the service of those who are best disposed and most able to serve the public. I think that my wishes exactly coincide, as to the Sup. Judge for Masstts., with his. P. S. As the collection bill stands, I do not see how Gen. [Benjamin] Lincoln can be provided for as he deserves. He must not be given up to adversity and despair with so much merit, and so many friends, it is not questionable, that he will be found very useful to the new Govt. People very naturally and pretty justly associate the idea of the principles of the Govt. with the virtues of the officer—Mr. Madison is a federalist—but so timid that he is more frequently opposed to good men & measures than I expected. He will probably head the attack upon the judicial—If you think proper, you will let [Christopher] Gore see the inclosed, as I cannot write to him at present in regard to the Judicial. [Enclosure] Some persons have proposed that the Jurisdiction of the Federal Judicial should be merely appellate and that the State Courts should hold cognizance of all Causes, those specially assigned to the original jurisdiction of the Supreme Court by the Constitution excepted. The idea of submitting to a foreign and hostile jurisdiction—as some of the state courts will be, and, in time, perhaps, all of them—the important office of enforcing and interpreting the Laws seems, a priori, awkward and improper—Whether any band less strong than a judicial pervading the whole and diffusing justice, which is the life blood, from the heart to the ex-
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tremities, will secure the Union of so large a territory under one Govt., for a long time may well be doubted, because it will be doubtful even with that band. Expunging the clause giving original jurisdiction seems to render that impossible which otherwise, however desirable, would be only probable—The principal difficulty the new Govt. will have to experience is the opposition of the state powers The proposal will make them clash, and prevent order coming out of confusion as will appear by the following hints— Is it constitutional to refer to the states the decision of causes to which the jurisdiction of the federal judicial shall extend—This doctrine of exclusive cognizance by the national courts is not observed in the Bill—and of course, urging it agt. the state courts would be no defence of the Bill. Will the state judges act quasi state judges or as federal. If as state judges, how can you superadd duties not required by the states who commissioned them and how can you compel them to perform such duties, or punish for the violation or neglect. The jurisdictions being concurrent, how will you distinguish when they act as state, and when as federal judges—sometimes a nice question this. How prevent clashing. Why engage their passions agt. you on reversal of their Judgts. I am not willing to make our excellent Court in Masstts. subordinate. Suppose they hold durante bene placito,1 will they [lined out] dare to decide agt. a state faction—or will they be disposed to do it. If disposed to do it, and they get removed, will it not appear that we cannot protect if they do right, nor punish or remove if they do wrong. Federal Justice in R. Island What. New Trials—appeals and Removals to federal Courts may require them to decide whether the cause is of state or fed. cognizance—there will be a motive to decide agt. the latter—If removed, quasi the cause, they are subordinate—If not, supreme. When the pleadings are general, how are you to get the proper point complained of before the Supreme Court. Shall we trust all the several state courts? How dispose of original Admiralty Jurisdiction our Supe. Ct. in Masstts. has only appellate jurisdiction How render it original—the mode, process &c. must vary in different states, or be uniform in violation of their laws & rules & of the principle of the proposal. Shall the state judges be denied pay. If paid, where will be the saving. Will the states approve your paying. When you begin, will not they not forbear.
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The tenure of a state judge is good behavior That relates to the state laws—If he misbehaves in regard to the national laws, can you punish. If not will you trust him. Is it not altering the tenure as well as the duty of his office to make him liable. When state factions begin to attack this Govt. as they will, our laws may be disgraced, & weakened. An opinion of prejudice & partiality will produce complaints & multiply appeals. Appeals will be bro’t up in various forms & with great perplexity—Instead of one law, many will embarrass the proceedings. If they are to act quasi federal judges, why not as well appoint pay and controul them as to take them at random. Will not they be entitled to permanent seats & salaries. So far therefore as the public tranquillity may be disturbed by the clashing of intricate claims of jurisdiction—so far as the energy of the Govt. may be impaired by entrusting it’s powers to those who will feel a motive and be furnished with the means of abusing the trust so far as the union will be endangered by the diversity of the rules of action and of the proceedings in courts and by extinguishing the vital principle of it’s existence and even so far as necessary it seems little better than madness to my understanding to adopt the state courts. It is delivering the Govt. bound hand and foot to it’s enemies to be buffeted. While sitting in the house, and not engaged in any business of importance, I scribbled these loose hints, without any idea of your perusing them—but with the view of fixing some miscellaneous thoughts upon the jurisdiction of the national Courts. I perceive that there are repetitions—inaccuracies, and perhaps several mistakes in the principle of the objections. I make no scruple of submitting them to you. If anything should occur to you, or any of our friends upon this great point, I shall be happy to learn your opinions. It is certain that Mr. Livermore, and probably even Mr. Madison will oppose the Bill upon the ground of employing the state courts. I fear their success. The Senate will not recede from the principle of the bill—and a respectable part of the house will push hard to retain it—You will be surprised to find a disposition of this kind in our house. Strange as it may seem, many are so disposed—But I flatter myself, that in the event, a right decision will be made. ALS, Sol Feinstone Collection, PPAmP; enclosure, Diedrich Collection, MiU-C. Addressed to Boston. 1
During good behavior.
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Elias H. Derby to Benjamin Goodhue Your letters to the [insurance] office I have no dobt is rather more agreeable than they would be directed to any one individual—but will always thank you when any thing material takes place to give me a hint of it the drawback or the bounty on fish—shipt from the Salt that has paid a duty will be attended with many deceptions—it had better be on all fish shipt in a Certain Number of Months after the duty has taken place for it will appear strange that there should be so much more paid on the fish shipt than on the Impost receiv’d—which it is likely may be the case for the first year—for there is more Salt here than I have ever known at one time it is Sold for 7/6 the Hohd. [hogshead] we are in daily expectation of the appointment of the Officers for this port. *** is there no talk of paying the Holders of the Continental security their Interest—for it is rather hard to pay so much money for dutys & receive no part of our dues. FC:lbk, Derby Family Papers, MSaE. Written from Salem, Massachusetts.
Benjamin Goodhue to Stephen Goodhue I should not write you at this time if it had not been to inclose two letters one to Capt. [Bartholomew] Putnam and the other to Mr. [William] Pickman, the former I expect will be appointed Surveyor and the latter Naval Officer, and I did not like to send them open because I did not wish people should Know I correspond with them on this subject or that they are likely to be appointed, please to deliver them yourself. *** We finish’d to day the Collection bill, and it will be ready for the Presidents signing as soon as the Clerks can enroll it—I still suppose that We shall adjourn in 5 or 6 weeks if not I intend to be at home in September—I think there is a prospect of Mollases continuing in demand so long as our N[ew]. E[nglan]d. Rum can go to the Southern States upon so much better terms then West India rum. [P. S.] I would not have you mention anything about the probability of their appointments. ALS, Goodhue Family Papers, MSaE. Addressed to Salem, Massachusetts.
Thomas Hartley to George Washington The Friends of Capt. Henry Carbery have wished that I would write to you concerning the Character and Conduct of that Gentleman whilst under my Command. I therefore use the Freedom to mention that he was a most excellent active
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& brave Officer and acquitted himself upon every Occasion with the highest Gallantry and Propriety, and had deservedly the Esteem and Approbation of the whole Regiment—and I can safely say that in all the Scenes in which I was witness to his Behaviour he shewed the greatest Zeal and Attachment to his Country—and really merited her Notice. In Sullivans Campaign1 he received a very dangerous wound and the Ball is still lodged in his Body. ALS, Washington Papers, DLC. 1 An expedition led by General John Sullivan in May–November 1779, that resulted in the total destruction of forty Iroquois settlements in central New York State.
Samuel Henshaw to Theodore Sedgwick *** Your collecting Bill, & the collecting business, lie near my Heart— I hope you feel very zealously engaged to have those enacting clauses which I handed to Mr. Dalton, inserted in the Bill—For unless they are, I am confident, that one half of your custom House officers will turn rascals within a year; or they will be so dilatory & negligent that one half of the Goods will be smuggled—There must be a Comptroller of the customs who shall be obliged to visit every office in his District—to make strict enquiry into the indoor & out-door conduct of each officer—to examine on the spot all entries, & all official Books & papers—to adjust & settle their acctts.—receive the money collected—give instructions &c. &c. A vigilant eagle-eyed Comptroller would detect more errors, neglect, fraud, or whatever was amiss, in one such visit than the Secretary of the Treasury would to all eternity! The Surveyor’s birth will be the most active & laborious—and in my mind of vastly more importance to the Government than any other in the system—For He is to prevent smuggling—to see that a true entry is made— to see that the Inspectors, Gaugers, weighers &c. &c. do their duty—And when all this is done, there will be no difficulty in calculating the Impost; there will be no difficulty in receiving & recording Manifests, or in giving permits & other official papers—Indeed, tho the Surveyor is an inferior, yet, in my mind, He is the most essential officer—And for this reason this I wish for the appointment. Should I be honored with it, and should [Benjamin] Lincoln be the Comptroller, we would do honor to Massachusetts, and would teach Mankind, That custom officers of the customs can do their duty with integrity, firmness & humanity without any of that arrogance & insolence of office which is so generally & justly attributed to this class of Men. ***
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ALS, Sedgwick Family Papers, MHi. Written from Northampton, Massachusetts. Part of the omitted text relates to Henshaw’s application to Washington for federal office.
Benjamin Huntington to Governor Samuel Huntington I Recd. yours by Mr. [ Joseph] Story and went with him to the Commissioner’s Office [ Joseph Howell, Jr.] but no money was there for him but he was Informed that Genl. Knox would pay three Months Wages towards his due out of the General’s own Pocket. That the Genl. was gone into the Jersey and would Return in a Day or two when the wages for three Months might be Recd. since which I have heard no more from Story but suppose he applied and Recd. his money, which was twelve Dollars only & which will not pay the Expences of Story’s Passage to this Place and back together with his Expences here! I hope our Finances will soon be on a better Footing The Collection Bill is no[w] before the house with Amendments from the Senate and agreed to in the House with a Trifle or two of further Amendments and will be finished as soon as it can be Enrolled & approbated by the President The first of August is near at hand The Duties must be Collected. no Officers of the Customs are yet appointed but they must be Appointed before the Duty Acts can be Enforced. The Judiciary Bill is Passd the Senate & is now the Order of the Day for Discussion before a Committee of the whole There is also a Very lengthy Bill before the House for Regulating the Coasting Trade which will take Time for Discussion. There is Talk of an Adjournment in September after the great arrangement of Duty Acts, Judiciary &c. are made. ALS, American Manuscripts, CSmH. Addressed to Norwich, Connecticut; carried by Mr. Spalding.
Richard Bland Lee to George Washington The above letter1 was written under the impression that the Bill for collecting the impost would have passed within a few days after its date—and in the form in which it was reported by the committee appointed to prepare it. But the delays which have impeded it’s passage and the changes made in it’s form have prevented me from making the communication then intended till the present moment—and render it necessary to vary the application of Mr. [Richard Marshall] Scott—who, as a naval office is not established at Alexandria, would be happy to be appointed the Collector at Dumfries. He
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is young and active, well acquainted from long practice with the duties of the office, and in all other respects qualified for the appointment. Since writing the above letter I have recieved an intimation from Col. [Thomas] Blackburn that he would be pleased with an appointment in the Impost System—if there should be any which would not interfere with the particular wishes of his friends already employed. I have informed him that I would make the Communication to you—and from the import of his letter would mention him as a candidate for the district of Dumfries: and accordingly take the liberty of mentioning him as such. You are well acquainted with his sufferings and merits. I am sorry, Sir to have trespassed so much on your time but it was a duty which I owed to friendship as well as to my country to make known to you, the pretensions and wishes of the respectable gentlemen whom I have taken the Liberty of introducing to your notice. P. S. By the mail of to day I have received a letter from Col. Blackburn, mentioning that he would be glad of the appointment before alluded to—and begging to be presented to you in the most respectful manner. He would have written to you, if he did not feel a reluctance to address you on a subject, on which you must be fatigued with letters and solicitations. ALS, Washington Papers, DLC. 1
See Lee to Washington, 3 July, above.
George Lux to George Read *** We have just got the account of the great change in the House of Delegates of N. York, the late one, being 2 Antis to 1 Federal, & the present one [4?] Federals to 3 Antis, in consequence of which Senators are chosen, & very good ones. I know they are, although from the character I have heard of Mr. King, I could rather have wished to see him in the House of Delegates, his eloquence being better adapted to a popular than a select branch—I am also happy to learn, that Governour [George] Clinton has abandoned his virulent opposition to the New Government, & become moderate & dispassionate— I have ever wished to see staunch Federals placed in the Senate, & that barrier to popular caprice being secured, I am for calling forth the ablest men into the House of Delegates, without reference to their political opinions. By the address of the Governour & Council of North Carolina to the President,1 it is to be hoped, that State will speedily accede to the union, and if so, we can easily dragoon the State of Rhode Island into proper measures, as
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we shall have the Towns of Newport & Providence to back us. I fear, lenient measures will not do with such a stiff necked people,2 so immersed in dishonesty. I am glad, you have past the Impost Bill, which was a very difficult thing, the products, climate & commercial habits of the respective states being so very difficult various. The Collection Bill was easily settled—We are all anxious here to hear of the completion of the Judiciary Bill, an object of great delicacy, to draw the proper limits, how far to go & where to stop. I expect, let it be framed in any manner whatever, that the experience of a few years will prove it defective, & to require revision & amendment. Every one is anxious here to to learn, who are, or will be, placed at the head of the Treasury & Judicial Departments, & each man, effects to be able to mention the characters with certainty—There being a number of applicants for the local offices in the Customs for this Town, the Post Office is attended with great anxiety by them on mail days—I am continually pressed by them, knowing my connexion by marriage with yourself,3 & my acquaintance with Messrs. [Charles] Carroll & Henry, to recommend them, & evade their solicitations as well as I can. I gave Mr. [ James] Kelso a letter to you, at the reiterated request of a worthy & particular friend, his Brother in Law, who desired to see it. I advised Mr. Kelso not to apply, because though sensible, a good character & a most excellent Companion, yet he had never served his Country, either in a civil or military character, and though a firm Whig during the war, yet he had been opposed to the Federal Constitution, and was well known to Mr. [Charles] Carroll, living in the same County— Every one here expects Mr. Robert Purviance will get the most valuable Post to be given, because of his excellent character, whiggism, & being reduced by misfortune to poverty from affluence—add to this he is personally well known & has always been much esteemed by the President. Captn. [Alexander] Furnival of this Town has applied, & Governour [ John Eager] Howard & Myself have wrote pressingly to the President in his favor, which letters undoubtedly will be shewn by the President to the Senate, if he nominates him. He has been very unfortunate in business, and has a large family of Children; he was an excellent Officer, & is a worthy man, moderate in prosperity, & firm & prudent in adversity—He has many warm friends, & not a single enemy, so I know not a Man, whose appointment would please more people in Town, while it would not displease a single person, except other applicants, or their Connexions. Captn. [ Joshua] Barney’s services during the war are acknowledged, & every one wishes him to be provided for in the naval line, by having either a packet or a Cutter, but should he be placed in the customs, it will by no means give general satisfaction, on account of the boisterousness of his temper, for this Town was extremely convulsed at our two last elections, & he was every where in the Streets, reviling & cursing
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those, who were not as violent as himself on his side, which conduct injured his cause by driving many people into a decided opposition, who originally intended to be quiet—I pity Mr. Wm. Smith, (as worthy a man, as we have among us) for in consequence of the unhappy party feuds in Town, each Individual, who was active for him, will tieze him to back his applications, & expect exertions from him in proportion to the extent of their vociferation & vehemence, & tax him with ingratitude, if he is disappointed, without considering the Constitution does not even vest him with a simple negative upon appointments—As for the other Applicants from this Town I have nothing to say either in their favor, or against them. Your old Acquaintance Dr. [Reuben?] Gilder has lately turned a rigid Methodist—My Brother in Law, Dr. [Moore] Falls, means to apply for the Health Office in this Town, should such a place be established, it being in the line of his profession. I will thank you, & so will he, to prepare your acquaintance in the Senate, for it, he being perfectly well known to Mr. Morris, still remembering, he does not ask for any office whatever. If such an establishment should take place, you will inform me of the proper mode, in which he is to apply, & he will not want for letters to the President & different Senators— Mr. David Harris of this Town tells me, he makes a point of recommending to his Brother in Law, Mr. M.Lay [Maclay], every person who requests a letter, of course he embarasses Mr. M.Lay, & renders him incapable of judging which recommendation he is most particularly to attend to. ALS, Rodney Collection of Read Papers, DeHi. Written from Baltimore. See Williamson to Madison, 21 May, n. 3, volume 15. A reference to Psalms 75:5 and other Bible verses. 3 The connection was through Lux’s mother-in-law, Elizabeth Biddle, niece of Read’s wife, Gertrude (J. Thomas Scharf, History of Delaware, 1609–1888 [2 vols, Philadelphia, 1888], p. 195). 1
2
Letter from New York to Alexandria, Virginia I congratulate you on the shining abilities, of your countrymen, Mr. Ames, who, though a very young man, is second only to the great Madison— In oratorial powers he perhaps exceeds him—What I admire him for is the liberality of his politicks, and that freedom from local interests, or party views, which, it was apprehended, would not actuate every member of the National Assembly. But as yet, no local prejudice has been discovered at all. [Boston] Herald of Freedom, 28 July; reprinted at Providence, Rhode Island; New York City; and Winchester, Virginia.
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Other Documents
William Bingham to Pierce Butler. ALS, Wister Papers, PHi. Written from Philadelphia; carried by William Jackson. Office seeking: recommends William Jackson; happy to hear Butler has recovered from the effects of his fall from a carriage: hopes “poor Huger will be equally fortunate.” Levi Hollingsworth to Benjamin Contee. FC:lbk, Hollingsworth Papers, PHi. Written from Philadelphia. “I hope your Journey to Virginia will be compensated by your success in collections” of debts due. Benjamin Huntington to William Ellery. No copy known; acknowledged in Ellery to Huntington, 10 August. John Langdon to Thomas Martin. No copy known; acknowledged in Martin to Langdon, 3 August. Jonathan Lawrence to George Washington. ALS, Washington Papers, DLC. For the full text, see PGW 3:338–39. Office seeking: naval officer at New York; mentions Benson, Schuyler, Floyd, Laurance, and Hathorn as references. Arthur Lee to Anne “Nancy” Livingston. AL, Thomas L. Shippen Papers, DLC. “The tediousness of legislative proceedings still keeps me confined”; will be two weeks before an act is passed changing the administration of the treasury and the appointment announced; Janet M[ontgomery] will whisper a good word for him, as well as for others “at Court.” Phineas Miller to Jeremiah Wadsworth. ALS, Wadsworth Papers, CtHi. Written from Thunderbolt, Georgia. Catharine Greene has been delayed but sails today; the profits of the plantation would probably discharge the debts if Congress can take up the business which Mrs. Greene (agreeable to Wadsworth’s proposals) now lays before it. Robert Morris to John Adams. Reply card, Hull Collection, DSI. Declines invitation for evening of Saturday, 1 August, as he will be on a trip through “the Jerseys” at that time. George Read to John Chew. No copy known; acknowledged in Chew to Read, 6 August.
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Intelligence from New York. [Boston] Massachusetts Centinel, 5 August. The officers under the Collection Act [HR-11] “will be immediately appointed; and I think the same officers that were appointed by the State Governments.” Letter from New York. [Portland, Maine] Cumberland Gazette, 7 August. This is probably from a letter written by Thatcher to the newspaper’s editor, Thomas B. Wait. The Collection Bill [HR-11] is ready to be engrossed; “I believe no time will be lost in the appointment of Revenue Officers”; the Coasting Bill [HR-16] is under discussion.
Wednesday, 29 July 1789 Cool (Johnson)
Samuel Adams to Elbridge Gerry Mr. Henry was so obliging as to deliver me your Letter of the 17th—We had a free and candid Conversation on the Subject, and I must confess to you that his Reasons were not powerful enough to convince me of the Utility of his Design in this Commonwealth.1 There are a number of Characteristics of a Republic which we ought carefully to maintain; amongst which are Sobriety of Sentiment and Manners and a Spirit of honest Industry in the various Classes of the People which is indeed the Concomitant of the former— The one will not easily be eradicated while the Community continues to give that Encouragement and Support to the Education of Children which, much to its Honour, it has hitherto done; and the other, rapidly increasing as it is, and supported by the Aid of Men of Science and Riches, will spread throughout our Country, and effectually establish its true Happiness and Glory. The Habits of Industry in early Life will afford us the fairest Prospect of our Citizens acquiring Wealth, at least so far as to render them independent; and a free and virtuous Education of the Youth will lead them to so just a Way of thinking and such Purity of Manners as shall recommend our Country to the Respect and Esteem of wise judicious and polite Foreigners. I hope she will never be so depraved as to value herself upon the Opinions of a different Kind of Men. I have made some General Observations without applying them to Mr. Henry’s Subject—This I intend in another Letter. You know how difficult it is for me to hold & guide my Pen. LS, American Manuscripts, MB. Written from Boston. A copy of this letter, misdated 25 July, is in the Bancroft Collection, NN.
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1 Gerry had written Adams on 17 July, introducing the actor John Henry, who hoped to establish a theater in Boston.
Thomas Hartley to Jasper Yeates The Collection Bill has passed both Houses and will be soon ratified by the President—in other respects we are going on rapidly—and have a reasonable prospect of an adjournment some Time in September. A Contest will arise about the Place to which we shall adjourn—I fear that the New Yorkers will prevail. In order to secure the Eastern Influence they have elected Rufus King Senator—if Mr. [William] Hamilton1 intends to be here when the Business of Adjournment will be agitated—about the first week in September will be his Time. Our Committee have brought in the amendments which will probably be offered to the States—I hope they will please you—I inclose you a Newspaper—The Judiciary comes on to Day or to Morrow—I shall be glad to hear from you—as often as possible. ALS, Yeates Papers, PHi. 1 The proprietor of Lancaster, Pennsylvania, one of the places seeking to become the permanent seat of government.
Azor Orne to Benjamin Goodhue Your favour bareing date the 20th Inst. this Acknowledges and I am much Obliged for the communication you thereby make respecting the transactions of the National Govert. I shall communicate them to the gent. of this Town Agreably to your design. you Observe that some months have Elapsed since the Govt. has been formed and suggest that its posible some of your constituents may Imagine the time long taking into consideration the business which has been Finished but I beleive Sir if they Veiw with a Candid Eye the magnitude of the Objects before you Vizt. the Cementing the Union the providing for the Establishment of the publick Cr[edit]. Abroad and at home the Organising the Govt. respecting the Civil department and the Various other publick matters which must be crowding in uppon you from time to time with the diffirent sentiments of members from the Several States arising perhaps from their different habitts & local Sittuations as well as from their different commercial Views and Interests I think when these things are maturely considered you have done much and should you in as many years as you have sett months be able to Establish a
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permanint Energetick Govt. and such as will presirve the liberties of the people raise its Cr[edit]. Equall to other nations and provide for its defence against External & Internall Enimies we shall have great reason to Say you have Exceeded our most Sanguine Expectations and Generations yet to come shall with pleasure speak your praise. It must be Expected in new Formed Goverts. & Especially where large sums of money are to be collected from the people to discharge old arearages as well as to provide for the Support and defense of Govert. in the Various departments that some unesiness with the Subjects will take place it Ever has been and Ever will be the case but as the new born Infant by care and prudence in its management will in time arive to manhood so Govert. by such measures will Strengthen and be confirmed and of [illegible] by Habitt be Agreable & I flatter my self that while we have so good men as now direct Our National concerns the period is not far when we Shall see Our Genl. Govt. Established by its Cr[edit]. Being restored the Safety thereof provided for Our Commerce, manufacturing, and Every branch of business necessary to make a people respectable abroad and happy at home take place and Flourish then Sir when this is Effected you will I hope have no reason to resent having spent so much time in Serving the Publick as there from so great good is Obtained For your Fellow men that these things may soon take place is the wish of—Your Friend. ALS, Letters to Goodhue, NNS. Written from Marblehead, Massachusetts.
Other Documents
William Constable to Gouverneur Morris. FC:lbk, Constable-Pierrepont Collection, NN. Conveys letter from Robert Morris; relays greetings from Madison and Constable’s neighbor Butler; “Frequent wishes are expressed that you were in the lower House tho there is much information & very good disposition Amongst the Members they Require some One to take the lead— Maddison is too meek to govern.” Thomas Fitzsimons to Benjamin Rush. ALS, Rush Papers, PPL at PHi. Addressed to Philadelphia. Fitzsimons and Clymer confirm that Rush urged the appointment of Benjamin Franklin to the Federal Convention. Richard Grubb to James Madison. ALS, Madison Papers, DLC. Written from Richmond, Virginia. For the full text, see PJM 12:313–15. Introduces himself and asks for approval or comments on enclosed petition for patent protection for a “Circular Car.”
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Thomas Jefferson to James Madison. ALS, Madison Papers, DLC. Written from Paris. For the full text, see PJM 12:315. Jefferson wrote the quoted words in code. Criticizes Presidential title proposed by the Senate as “the most superlatively ridiculous thing I ever heard of”; reports political and economic conditions in revolutionary France. James Madison to Rev. James Madison. No copy known; acknowledged in Rev. James Madison to James Madison, 15 August. Joshua Bailey Osgood to George Thatcher. ALS, Thatcher Papers, MSaE. Written from Brownfield, Maine. Office seeking: any government position, any place; “I am desirous of getting into the line of servants to Congress”; encloses letter of introduction for forwarding to Tobias Lear. Philip Schuyler to Catherine Schuyler. ALS, Schuyler Papers, NN. Describes T. Ellison’s house at 98 Broadway, which he engaged for six months from November at £100; King is Senator for four years and Schuyler for two; not displeased as he believes he will be heartily tired before his time expires. Samuel Smedley to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Fairfield, Connecticut. Office seeking: renews request for a word on his behalf to the President; “from your Known goodness and the Encouragement you was pleas’d to give me at Our last Interview, I cannot but place the utmost Confidence and hope of success.” William Wetmore to Rufus King. ALS, King Papers, NHi. Written from Boston. For the full text, see King 1:364–65. Office seeking: Massachusetts district judge; congratulations on King’s election to the Senate. Letter from New York to North Carolina. [Edenton] State Gazette of North Carolina, 20 August; reprinted at Fayetteville, North Carolina. Amendments to the Constitution have been reported and “it is supposed *** that the critical situation of your state, had much weight with some of the Members”; “this event may be in a great measure ascribed to the address” of the governor and council of North Carolina to the President, “which is here universally applauded”; “the members in general say, that they are heartily willing to remove any fair scruple of North Carolina, when her sentiments are so moderate and becoming.”
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Thursday, 30 July 1789 Rain (Johnson); rainy and disagreeable this evening (Lewis)
Benjamin Goodhue to Michael Hodge Yours of 11th. duely came to hand, the fees for measuring Weighing and Gauging appear’d to me equaly high as it does to you, but it is said by way of answer that the persons employed in such bussines will be obliged to attend however small the quantity and in this view they say taking it as it comes it is not to high, a petition from such Kind of persons in this City has been presented praying the fees may be raised but without effect—the Collection bill has passed ready for the Presidents signature, but it was finaly got through in such a hurry that it doubtless has many errors which must be rectified next session—a motion was made yesterday and urged for postponing its operation untill the 15th. August, but rejected for this reason that it would take as long a time for the suspending Act to reach the different parts of the Union as it wou’d for the Collection bill—a bill for regulating the Registry of Vessels and the Coasting trade has had a second reading and will probably soon pass—inclosed I send you such amendments as a Committee of one from each State have reported, they are such as the Committee conceived might quiet the minds of the dissatisfied without injuring the Constitution, and as far as I can judge of the prevailing sentiments of the members they appear to be impressed with the policy of proposing such amendments, provided there is a probibility of giving quiet by so cheap a purchase—other amendments of an injurious nature will be probibil likely to be moved for, but will be rejected, the Officers of the revenue will be appointed in a few days, and We shall I think almost beyond doubt adjourn in five or six weeks—the Judicial bill lays before us unacted upon but will in a day or two be considered, and notwithstanding much opposition is to be expected I beleive it will pass. N. B. the Collection bill is now before the President for his approbation. ALS, Ebenezer Stone Papers, MSaE.
Benjamin Goodhue to Insurance Offices I inclose you the amendments reported by a Committee of one from each State and from the unanimity which prevailed in the Committee I think there is a great probibility they may be generaly agreed to in the House— others which will affect the Constitution it is likely may be moved for, but without any prospect of success—the bill for Collecting the duties is now
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before the President for his approbation it was finaly on account of the shortness of the time hurried through in such a manner that experience will point out many of its defects which must be remedied in a future session—a bill for registring Vessels and the regulating of the Coasting trade is almost through our House—the Judicial bill still lies on the table to be taken up when We have got rid of the Coasting bill—the prospect of adjourning in 4 or 5 weeks appears more and more probable. ALS, Goodhue Papers, NNS.
Daniel Hiester to George Washington Dr. Frederick Phile who has applied for the Naval Office for the port of Philada. has requested me, in case the collection law shod. pass before he can return, to acquaint your Excellency that he is gone to Philadelphia (now three days ago) for the purpose of bringing Testimonials to clear his Character from certain suggestions to his disadvantage. He expressed a Hope, that if the President should be informed of his absence for the above Purpose, the Nomination might be delayed till he can return (which he shod. do soonest possible) when he doubted not he shod. give every satisfaction. He desired also to have it mentioned that his not laying in more recommendations Originally proceeded from a Wish not to be troublesome with many papers. But chiefly relied on the certificate of the [Supreme Executive] Council of the State, The Chief Justice and other Judges of the Supreme Court, and the Attorney General.1 ALS, Washington Papers, DLC. 1 The Pennsylvania supreme court consisted of Thomas McKean (chief justice), William Augustus Atlee, George Bryan, and Jacob Rush. William Bradford, Jr., was attorney general.
John Langdon to George Washington I did myself the honour a few days since to mention to you the Names of Col. Joseph Whipple, for Collector and Eleazar Russell Esq. for Naval officer for the port of Portsmouth in New Hampe. I now beg leave to mention the Name of Thomas Martin Esq. for the Surveyor of that port, this Gent. is well qualified for this or any other Office in the Customs, of great probity and a Respectable Character. ALS, Washington Papers, DLC.
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James Sullivan to Elbridge Gerry I yesterday saw a copy of the Judicial act, as it has come from the Senate. I have an Exalted opinion of the Learning, and ability of the Senate: the Gentleman [ John Adams] who presides there is acknowledged as one of the first civilians in the world: and I recollect many other characters there, who have been long used to the discussion of matters of Jurisprudence, but as a Citizen, I wish to enjoy the the priviledge of expressing in a decent & prudent manner, my mind upon those Systems, in which we are all alike interested, while they are yet in Embrio. The bill provides that the Judge of the district Court, with one or two of the Judges of the Circuit Court, shall be a quorum of the Court last mentioned. this District Judge is to have no vote or voice, but is only to give his reasons for his opinion or Judgment in the former Trial. the causes as I understand the bill, or many of them, are to come before the circuit Court by appeal from the other. I have a few objections which lie with weight upon my mind against this plan, the least of which is, that as the District Judge, with one other, may make a quorum, and he can give no Judgment the reveiw of the cause, may be by one Judge only; or if there Should be two besides the district Judge, they may be divided in which case no Judgment or opinion is given; and this may be very important as to introducing Evidence &c. this makes the plan look as if there was a great scarcity of men Capable of Executing a Judicial Trust, or as if there was a great scarcity of money to carry on the business, for which civil Government is principally instituted. In this nothern part of the Union, the Laws have carefully gaurded against a mans having any business in an appellate Jurisdiction, in causes where he has before given an opinion as a Judge: and I beleive the provision was founded in true Philosophy, and in a thorough knowledge of the human heart. When a man has given a decisive Judicial opinion, in public as a Judge, he has pledged himself to the world for his integrity, and unless he has some ambition with regard to ability, he will never treasure up much knowledge, & this, at once creates a wish to appear wise and Learned in the Eye of the world, and that wish creates a biass which few men have firmness enough at all Times to conquer. it may be said that there is great honor in appearing candid, and yeilding a wrong opinion to the forcable conviction of right. this looks plausible, but when a man has frequently confessed his Error, or given up an opinion where his duty urged him to form it with care & circumspection, he will very soon loose that confidence of the people, which is necessary to the usefulness of a Judge. The bill provides that the district Judge shall have no vote in the circuit Court, but Shall only give his reasons for his past opinions or Judgment. When I dissent from men of very great abilities, I would always do it with
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diffidence, and express myself with modesty: but as causes are to come before the higher Court by an appeal, of what consequence can it be, whether the Judgment given in the lower Court was upon proper, or improper principles? the case is taken up de novo, and in ninety cases out of an hundred, new Evidence may be introduced [lined out] and new circumstances brought to veiw, which were never considered in a former Trial, and in all these the Judge of the District will only have to Say, that the case is very different now, from what it appeared to be, on the former trial. But when is he to give his narration? if he does it before the cause is Examined upon a reveiw it will have a Manifest Tendency to create a Prejudice in the Circuit Judges, if while he Shall be able to Support his Character in their opinions. if it is to be after the Cause is heard, the Law attended to, and Evidence examined, it must be very improper, unless the Law and Evidence is to be controuled by his former opinion. In England New trials are granted, when the Judge mistakes the Law in his directions to the Jury; & then his Minutes are Examined, or he may be allowed to State the facts in order for all the Judges to determine whether the Law applied to them facts in manner he Supposed, but here he is liable to be opposed by the Minutes of the Counsel who was concerned in the Trial at the Nisi prius Court,1 and the Judges decide upon the hearing of the Whole. When a Jury have given a Verdict clearly against Law and Evidence. When there are other facts than those the party was possessed of at the trial, or When Evidence was is illegally admitted or rejected &c. But a new Trial is never granted where the merits of the Cause have been fully discussed, nor upon formal distinctions or upon matters of mere right or Summum Jus,2 or where the Scales of Justice hang nearly equal, but on the plan of this bill an appeal and reveiw of the case comes of right, and the second trial proceed Substantially as though another had never been; and may appear as different from the merits of the first, as a new cause between other parties. The first object in matters of civil Justice is to do right, and the next is to send the parties away contented and Satisfied: but however upright the Judge may be, yet the party against whom he has given his opinion, will never be willing to have his interference on the appeal, or be contented with a decision which may be influenced by him. If the Judge Who conducts the former Trial has a prejudice, he certainly will have an opportunity of Communicating it to the Circuit Judges While he has a Legal right to converse with them upon the Subject, and retains an opinion favourable to him in their minds. Where can be the propriety, or what can be the advantage of his Stating his reasons to them? if he does this before the Trial comes on, they are prejudiced in the case. and as observed before, may be attending to a question
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quite remote from that which may come before them in a regular process. if the Judge is to give his reasons after the Law and Evidence is revised, and New principles, and new facts are Established they can be of no use for the Court will certainly decide upon the Law & Evidence as they appear on the review. In Short I can find no advantage in this plan but am Obliged to beleive that it is a novelty which may give much uneasiness and raise great disatisfaction in in the minds of the people. Pray pardon this intrusion, and if I am to blame for this freedom you will let the Interest I feel in a System of this kind as well as my habits of Life be my apology. ALS, Gerry Papers, MHi. Written from Boston. 1 Courts hearing trials of issues of fact before a judge and jury, broadly as opposed to an appellate court. 2 Strict right.
James Sullivan to Elbridge Gerry Having seen the Judiciary bill as as it came from the Senate I wrote you on some objection which I thought might have weight against it. Since which I received it, and have more fully attended to it, and see no reason to alter my Opinion. The objections which I made, you will recollect were principally against the Judge of the district having a right to give his reasons for the Judgment appealed from; because to do it before the Trial comes on in the circuit Court, may raise a prejudice in the minds of the Judges, and prevent, or have a tendancy to prevent, an impartial Trial there. and where the cause is tried upon the appeal the circumstances, and Evidence, may be so widely different from those exhibited in the district Court, that the features of the question may be totally changed. I see on an examination of the bill, that an appeal lies in all maritime and admiralty cases. I conceive that in all appeals the cause is taken upon in the same manner as if no trial had ever been on the subject. so where 2000 Dollars Exclusive of cost may be in Judgment on appeal is to be of right. In other cases a writ of Error lies to the circuit Court. but no Error in fact is to be assigned. The Lawyers in the house will say how far this may Extend. if taken literally it Essentially alters the Common Law. and in every possible sense it deprives the Citizen of a second Trial by right, however he may be injured in the first, where the verdict is under two thousand Dollars. This has not been the usuage in the Northern States; and I am very sure
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that our mode has been promotive of Justice. I know some men have said, that this method will put it in the power of Wicked men, to suborn witnesses in order to carry their point in a Second Trial, having seen where the cause Laboured in the first. but this is by no means satisfactory to me, for I have seen great advantage derived from having an opportunity in a Second trial to invalidate false Evidence had in a first. You will recollect that Governor [ James] Bowdoin, the Judges of the Supreme Court, the Attorney General, and myself, were Commissioners for revising our Laws after the revolution. we canvased this matter as well as we were able, and finally agreed to have an appeal from the Lower Court, and in a bill lately reported by the Committee I believe the same principle of two trials was preserved, though it was to be had not by appeal, but by a reveiw, of Legal right to the Subject. I am at a loss how to Construe two cla[u]ses or Sections. I mean the 16th and fifteenth. the Sixteenth provides that Suits in equity shall not be sustained where there is a complete Common Law remedy. the 15th provides “that all the said Courts shall have power in the trial of actions at Law, on motion &c. to require the parties to produce books &c. where he might be compelled to produce the same in the ordinary proceedings in Chancery” and unless the party as required complies, he is to become nonsuit, or be defaulted as the case may be: I think if the Courts in trying Common Law actions have this power there can be very little necessity of Courts of equity. Had not the bill been in the hands and under the deliberations of the Learned body who have passed it, I should rather apprehend this to be [lined out] a doubtful inovation. In the Chancery Courts, the the proceedings are by bill, answers, Interrogatories, affadavits &c. and though the proceedings are proverbially Tedious, yet it arises from the great deliberation with which a Court ought to, and must proceed where the parties are admitted Witnesses in their own Interest, and where a man is obliged to disclose on oath, such circumstances as are Evidence against him. but to introduce this Method in the Midst of a Common Law trial, is new and I beleive will prove to be more disagreeable than useful. it deprives the Citizen of a Trial by Jury, for if in the Trial the proofs take this turn, the Judge, or Judges, independent of the Jury, may direct a nonsuit or a default. it may be answered that here is the same advantage here as there is on bills of equity in a Court of Chancery. but I beleive when the matter is attend[ed] to this will no[t] appear to be the case. In Jurisprudental proceedings Checks are as necessary to preserve the freedom of the people, as they are in Legislature, or in the Executive departments of Government. England is the only Government in Europe where the people are not liable to be imprisoned by the Majistrates at pleasure. and this great priviledge of English men would not Exist even with the incom-
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parable noble right of habeas Corpus, was it not for a Trial by Jury. how far then, this idea of a nonsuit or default, will in future be carried in actions of Trespass or case, where the Citizen complains of oppression on the one Side, and an officer of Government claims an Exercise of authority on the other, is difficult now to determine. you will pardon the Suggestion that it is possible such a conflict should happen in america, when you recollect, that all the Checks in the Constitution are produce by the same idea. I See that there is provision for the summoning a grand jury. I could have [lined out] wished that their office was well defined. you will pardon me on this subject; for I may be mistaken; our Cheif Justice [William Cushing] called upon me in his way from the Eastern Circuit Since I began this Letter and took the bill with him, and there may be provision for the Duty and power of a grand jury without my recollecting it, however all I mean to say is, that it is a great question with me, whether there ought to be a door open for the prosecuting mode of in Informations by an Attorney of the Government—it is True that in Time of great commotions, a grand Jury may be remiss in their Duty. but on the other hand in Times of oppression Should such ever happen, the process of informations may be used as an Engine to batter down all the friends of the people; this may be become irretreivably injurious, while that Spirit which arises from Commotions will always Soon Subside, for the people have rational feelings, and will always have a Government. I Should therefore beleiving this mode not necessary in Government, and knowing that it may be abused, I wish it to be excluded. These principles will be all fully discussed in the House, but as you sent me the bill I think it my duty to make the aforegoing observations, and cannot but conclude that having a District Judge of original Jurisdictions in all cases where ambassadors and public ministers are not concerned, or Treatys in question, with an appeal from him in all cases above the sum of /100 Dr./ will be a more simple, a more, satisfactory and less expensive mode than the one proposed. in this case the fees of office will be nearly a compensation for his Services, and though his rank may be less flattering to him his usefulness will be greater. I am Sir of opinion that it is absolutely necessary to have this [lined out] process of equity, or the Chancery proceeding distinct from those of the Law Courts. I have no objection to the Judges of the Circuit, or the Judge of the District holding the powers of Chancellor. but the Security of Persons and property depend upon having the Laws, a great part of which must always arise from precedents well known and well Established. but where the decisions shall be partly upon written, partly upon unwritten Evidence, and partly upon interrogatories to the parties, it appears to me, that there cannot be any certain mode to decide, what principles the Judgment is founded on.
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But if these same Judges hold Chancery powers and the Citizen Exhibits his bill there the whole proceeding is spread upon the Record and every one who reads it will know, whether it is an arbitrary, upon the Common Law principles, where the Judge decides in the midst of a Common Law trial, that a plantiff shall be nonsuit, or a defendent shall be defaulted, because he does not produce certain books or papers it must in many Cases forever remain unknown whether he had them. ALS, Gerry Papers, MHi. Written from Boston.
George Thatcher to Sarah Thatcher In my last I told you I would write you again on Thursday; were it not for this declaration, which I look upon a kind of a promise, I believe you would hardly hear from me before sunday—for we have been very closely engaged every day this week & I have not had time to write till now, & now I feel more disposed to lay down than to write a Letter. For two or three days the weather has partook of qualities like fall of the year—& what is the reason I cant say, but this kind of weather always makes me think of home—The last year towards the last of August & the first of September, when the weather grew cool, the Clouds looked thick, & black; & the north wind blew, I began to be home sick, which continued to encrease till I became really unwell & was obliged to apply to a Physician— The fall of the year is always to me the most delightfull season of the whole—but to enjoy it, I must be at home—For when I am from home at this season the air, and face of nature conspire to make me disrelish every thing else—I well recollect the pleasures and amusements of this Season about twenty years ago—And I am inclined to think, these amusements have left traces in the mind which are called up, as it were, into remembrance whenever that state of the air & appearance of nature return, with which these pleasures were associated—But to give them their full force and effect upon the mind it is necessary to be as nearly in the same circumstances, I then was, as possible—otherwise the agreeable state of mind that was formerly joined with these circumstances will rather be viewed at a distance than actually enjoyed—To re-enjoy those agreeable sensations I must be at home—then and then only can I unite the pleasures of the past and present moment—But I fancy this is a dry kind of Philosophy, with which you will not be much diverted; perhaps, you may like well enough to hear me say I should be glad to be at home—or even that I am home sick—this is a complaint that women, who [love?] their husbands, are generally fond of hearing in their absence—My real object was, When I begun this Letter,
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to send you some observations upon education—but it is now too late—And I will conclude, with something more agreeable to you as well as myself— Every day seems to confirm my belief that an adjournment will take place by the first of September—Business is turned off much more expeditiously than heretofore—fewer debates take place in Congress—and those that arise, as there will be some, are short, & seem to be such as are necessary. The other day as I was walking the street I stoped to view half a dozen little Boys, some not bigger than Philips, playing with their Kites—I wished myself at home to make one for Philips—he would be highly diverted with sending up & guiding one; & as soon as I get home I will make him one. I forgot to tell you in my last—that Mr. King is elected a Senator, for the State of New-York, in the federal Government—And is elected for six years—He is a fortunate man. ALS, Thatcher Family Papers, MHi.
Other Documents
James Bowdoin to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. Office seeking: William Wetmore for federal district judge of Massachusetts. Edward Carrington to James Madison. ALS, Madison Papers, DLC. Written from Powhatan, Virginia. For the full text, see PJM 12:316–17. Thanks for forwarding newspaper accounts of the debate on the president’s power of removal, which were “truly acceptable”; “the President without such powers would have been, but nominally, at the head of the Executive; his authority would have been diminished to almost nothing, and proportionably his responsibility.” James Madison to Edward Carrington. No copy known; mentioned in Madison to Carrington, 3 August. William Thompson to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. Office seeking: adds to his previous letter of application a state of his personal finances; he might lay a claim to public employ because of the public’s default on his securities, “the Injustice and Impolicy of the Public, which seems also to have been imbibed and adopted by private Debtors”; infers that Adams is “pre-engaged” to a competitor; thanks him for his candor.
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Intelligence from New York. [Boston] Massachusetts Centinel, 5 August; reprinted at Springfield, Massachusetts. The Collection Bill [HR-11] was, “in the close of the business, so hurried through, for want of time, that many errours will doubtless be discovered in it by practice, which must be remedied in a future session”; the Coasting Bill [HR-16] is almost through a second reading. Letter from New York. [Portland, Maine] Cumberland Gazette, 7 August. This is probably from a letter written by Thatcher to the newspaper’s editor, Thomas B. Wait. “The Collection Bill is before the President. I hope in my next to inform you it has received his approbation, and that the appointments have taken place.”
Friday, 31 July 1789 Rain (Johnson)
George Bryan to Richard Henry Lee We were surprised some days ago, with the hasty return of Frederick Phile, Esquire, naval officer of this port from New York, where he had spent some time in seeking to be reappointed to a Simular station under Congress. His prospects, however, have been much darkened some days ago by an infamous Slander, being carried to the President of the United States, vidt. that Dr. Phile is become a confirmed habitual drunkard. Such an attempt, to injure this gentleman, had it been made in Philadelphia, would have been been truely ridiculous, but as he is little known at New York, it behooved him, as far as might be, to proove the negative, & he has left us again two days ago for the Seat of Congress, with Certificates from divers of the first characters here, attesting his well known sobriety. To Some this base business may Seem to be the issue of competition, but I rather attribute it to the rancour of party difference, and a wish to dismiss an officer of vigour, who tho not aided, as he ought with some out of door Surveyors & Searchers, yet was able to make several important seizures, the only source of any ill will to Dr. Phile. From the backwardness of our legislature to disburse a thousand per annum in preventitive arangements, our impost fell behind that of New York during the last year, the difference of £20,000, altho’ our imports be notoriously greater. Here the oath of the Ship’s master was relied on for a
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full disclosure of the Cargo, of the inefficacy of which we had a [lined out] glimpse, on a late trial in the Supreme Court; Jonath. Williams [ Jr.], nephew of Dr. [Benjamin] Franklin against Craig;1 when by shewing the Customhouse Entries of a Cargo of Wines, contrasted with the Invoice & Bills of lading, it appeared that a full third was suppressed. Should Jury trial be allowed in actions in rem,2 against seized Ships & goods, I am clear, that no importer should be of the Jury. Here, we have found that such are not to be trusted. You may have Seen some remarks which were lately made in our prints on the comparative values, which have been proposed for foreign Coins in receiving the national duties.3 The author is unknown, and I am not qualifyed to pass an opinion on what he has said. But I am well apprized of the importance of the subject. I would also hint, that another circumstance is deserving the notice of Congress. It is the variant rates at which gold and Silver pass, relative to each other, in the world. Thus in China, when the moderns opened the track by the South Cape of Affrica Africa, 10 pounds of Silver would purchase a pound of gold. I understand that the quantities of Silver, since sent to China, has lessened the value of Silver. “A pound of Standard gold, reckoning the Guinea at 21/, is worth in Spain & England, upwards of 15 pounds of Standard Silver; but in France, Holland and Germany, it is worth but 141⁄2 pounds. Whence it is plain that if a pound of gold be imported from Germany, Holland, or France the dealer will get, by exchanging it for silver, half a pound of the latter. Some estimate this profit at 21⁄2 per Cent.” The preceding Sentence is taken from a Book published in London in 1759, entitled, The Analysis of Trade, commerce, coin, bullion, banks & foreign exchanges, &ca., by Philip Cantillon, merchant. I am possessed of but the account given by the London-revewers, who tho’ not willing to allow the author literary abilities, yet allow that he understands the subjects of which he treats. It seems that Sir John Barnard4 & others, had accounted for the well known scarcity of Silver in England, from the variance last mentioned, and had proposed various remedies. Mr. Cantillon offers another; to sink the Guinea to 20/6. An unwillingness in government to unsettle the Standard of money, & create uneasiness among the people prevents this. With us, the question would be whether follow France or England. ALS, Lee Family Papers, ViU. 1 Bryan was a justice of the Pennsylvania Supreme Court when Williams v. Craig was argued on 12 July 1788. 2 Literally, “against the thing,” regarding the disposition of property. 3 [Philadelphia] Freeman’s Journal, 22 July. Tench Coxe probably wrote the piece; see Morris to Coxe, 6 August, below. 4 Sir John Barnard (1685–1764), London politician and wine merchant, was a highly regarded authority on British economic policy and supporter of the Bank of England.
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Francis Dana to John Adams I did not receive your very obliging favour of the 10th. inst. till yesterday, when I returned from the eastern Circuit. I have heard that the Judicial bill has been passed in the Senate without any alterations respecting the general plan of the judicial system. But you seem to think great changes may be made in it in the house of Representatives—that the district Judges may be annihilated altogether, and the number of Supreme Judges as well as the number of Circuits doubled. It appears to me indispensably necessary to have district Judges who shall have jurisdiction of all Admiralty matters, and whatever may in any way concern the Revenue. This I mean as to the beginning of things: and that all causes at Common Law, whether between the Citizens of different states, or foreigners and Citizens, shou’d originate in the Supreme Common Law Courts of the respective States, wherever the Justices thereof are appointed during good behaviour, and have fixed permanent salaries annexed to their offices; but that where this is not the case, that all such Causes may be originated in the federal district Court, or if you please shall be so originated, with the right of appeal to the Circuit Court, upon either plan, when judgment shall be given against the foreigner or the Citizen of another State; but no appeal from the judgment of the Supreme Common Law Courts when the judgment shall be in their favour: it appearing reasonable to me that every Citizen ought to sit down quiet under the judgments of their own Supreme Courts. A provision of this nature wou’d probably have the happy effect of bringing on a speedy establishment of the Sup. Com. Law Courts upon their only proper ground, in every State where they are now differently constituted. It has been my opinion from the first, that an augmentation of the Judges of the Supreme Federal Court wou’d be found necessary, say to nine; but I do by no means think so as to the number of Circuits. The Circuit Courts are to be holden twice a year in each State which will be sufficient, at least for some years to come. I understand an idea is gaining ground in the House of Representatives, of annihilating the district Judges, and throwing all the Admiralty & Revenue Causes originally into the State Sup. Judicial Courts. This wou’d, in my opinion, be exceedingly impolitic, as it wou’d not only be difficult to withdraw such Causes from their Jurisdiction when it shou’d be found inconvenient to continue them under it, but wou’d also infallibly have a strong tendency to render those Courts, if they shou’d discharge their duty in Revenue Causes, very unpopular, serve to lessen that opinion of their impartiality which ought ever to be kept up among the people at large, to weaken their authority, and of course the respect for the Laws, and for Government itself: These appear to me but a part of the fatal consequences which wou’d ensue from such a temporizing system. Though œconomy is held up as the
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ostensible ground of such a system, yet it seems to be in realty nothing less than an unpardonable thirst for popularity. I have seen a letter from a Representative; in which he says, that when Salaries are under consideration (alluding to the judicial System) nothing less than 2, or 3000 Dollrs. comports with the ideas of some Gentlemen; because they say no Man of respectability in the Law wou’d accept any office under such a salary. What may be the case of certain Law characters I do not know: but I shou’d think 1500 wou’d not be rejected by any one in this State who shou’d be appointed district judge, and a considerably lesser sum might do in the smaller States. I agree with you touching the characters you have named as Candidates for the Judicial Departments, except the Gentleman [Nathan Cushing] whose condemnations,1 you say, have immortalized his name. He is a friend of mine, a good federal character: but, between us, not fit for such an appointment. He is not a Lawyer. Whether in the case you mention,2 that Gentleman The Governour [ John Hancock] cou’d be persuaded to appoint Mr. L. [ John Lowell] I am much at a loss. I fear he wou’d rather nominate [ James] Sullivan or Hitchbourn [Benjamin Hichborn], if he thought his Council wou’d advise to their appointment. I was sincere when I told you that I did not wish for an appointment upon the Sup. Federal Bench. Our Chief Justice [William Cushing] or Lowell wou’d be worthy Members of that Court. yet I doubt whether the former wou’d accept of a Seat there, on account of their distant employment at certain times. His abilities are equal to that station. Jay wou’d give universal satisfaction, but I have thought he wou’d rather prefer his present office. The Gentn. you mention for the District of Main [David Sewall] is not only the fittest Man, but the only fit one within that District: But our present Sup. Jud. Court must not be entirely changed: for to tell you a truth, I know not where their places can be equally well filled. I shou’d dread the appointment of some persons, under the present Administration, as the greatest curse that could fall on this Commonwealth. You know whom I allude to. I feel myself infinitely obliged to you for the favourable sentiments you have been pleased to express of me. It is my highest ambition to merit in some degree the good opinion of all good men. ALS, Adams Family Manuscript Trust, MHi. Written from Cambridge, Massachusetts. In admiralty law, rulings for lawful seizure of property. The possible appointments of William Cushing, David Sewall, and Dana from the Massachusetts supreme court to federal judgeships. 1 2
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Nathaniel Gorham to Oliver Phelps *** Yesterday morning I had a hearing before a Committe of the House upon my Memorial to Congress—and after a long conference I made this proposal—vizt.—That the President of the Unitd. S. be empowered in conjunction with the other parties to agree upon and appoint three Commissioners who should have full power to determine the principles of the cession of N.Y. to the U.S.—and then to run the line all parties to be bound by their decession—this will be much better for us than to engage in a Law suit or to have the Line run ex party1—I do not know whether the Committe will report agreabley to my offer—and I still more doubt whether the House would will accept it if they do so report. Our best chance I think is in the Senate—Genl. Schyler & Mr. King are able advocates, and understand the subject well if I fail in the House I shall make application to the Senate. *** the Congress will probably adjourn the begining of September—if I can keep of[ f ] any unfavorable decession this session—perhaps we may make a compromise in the winter as the Legislature of New York will then be siting in this Town. *** ALS, Phelps and Gorham Papers, N. Most of the omitted text relates to directions for developing the Genessee Tract. For more on Gorham and Phelps’s memorial to Congress, see DHFFC 8:191–96. 1
On behalf of one party only.
Samuel Henshaw to Theodore Sedgwick Your obliging Letter of the 26th. I recd. last evening—I thank you for the attention you pay to the Honor & Interest of your Friend, and in promoting of them, you never will, I hope, contravene the public Good! My Friend, Ames, knows me too well to be apprehensive of my disclosing any thing to his detriment. I wrote you on Tuesday last, suppose you will have it to morrow Evening, I think the nominations cannot yet have taken place, tho’ it is probable they will by the time this reaches you—Should I be so fortunate as to be on the List, I would thank you to write me immediately and inclose it in a cover to Thos. Dwight, and desire him to hire somebody to bring it to me the moment He receives it, that I may have a few hours to set my House in order &c. &c. &c. For I dare not take one step now that looks as tho’ I ever expected to leave Northampton, least my views should be suspected, and my failure of success, extort a horrid grin!
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Your many Friends here are well, & rejoice on hearing that you figure, equal to their wishes, in the August Assembly of the Union. May your Health be as great, your Life as long, & your Fame & usefulness as extensive as a rational mortal can wish—And when you are well stricken in years & Heaven has no more Service for you on earth, may the Angel of death close your eyes in peace, & the celestial messengers of Joy waft your glorified Spirit to the Bosom of Paradise. Amen! & Amen! ALS, Sedgwick Family Papers, MHi. Written from Northampton, Massachusetts.
James Madison to Governor Samuel Johnston I was duly honored with your favor of the 8th instant inclosing a copy of the President’s answer to the address of the Executive of your State.1 arrival coincided with the very moment when the subject of amendments had been resumed, and was certainly not an unpropitious circumstance. You will find the result of a committment of the business in the inclosed paper.2 From the dispatch and concord which have latterly prevailed, I have no doubt that something will be effected during the present session, at least so far as may depend on the House of Reps. For the Senate I cannot answer, though I have no reason to suppose that any difficulties will be encountered there, if the plan of alterations be not extended beyond its present limits. Delays which could not be avoided have postponed the passage of the collection bill so long that a short interregnum in the customs will be unavoidable. In the neighboring ports, however, it will not go beyond a day or two. The Judiciary system has been sent from the Senate and will probably be taken up to day in the House of Reps. It is pregnant with difficulties, not only as relating to a part of the constitution which has been most criticised, but being in its own nature peculiarly complicated & embarrassing. The Senate have proceeded on the idea that the federal Govt. ought not to depend on the State Courts any more than on the State Legislatures, for the attainment of its ends and it must be confessed, that altho’ the reasons do not equally hold in the two cases, yet not only theoretic propriety, but the vicious constitution and proceedings of the Courts in the same states, countenance the precaution in both. At the same time it seems scarcely practicable to carry federal justice home to the people on this plan without a number of offices & a degree of expence which are very serious objections to it. The plan of the Senate is perhaps chargeable with encountering these objections without securing the benefits for which the sacrifice is to be made. In criminal matters it appears to be particularly defective, being irreconcileable as it stands with
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a local trial of offences. The most that can be said in its favor is that it is the first essay, and in practice will be <merely> an experiment. In this light it is entitled to great indulgence, and if not material improvement should be made in the H. of Reps. as is likely to be the case, will, I trust, that proof the public candor whenever it may make its appearance. PJM 12:317–18. The ALS was offered for sale by the Anderson Gallery in 1926. The words in angle brackets are taken from the transcript of the ALS in the Hayes Collection, Nc-Ar. 1 The North Carolina governor’s address of 10 May and Washington’s reply of 19 June are printed in PGW 3:47–49. 2 Madison probably enclosed a copy of NYDA, 29 July, which published the committee’s report.
James Madison to Anthony Wayne Your favor of the 15th of June has been some time in my hands, but no opportunity of acknowledging it has hitherto occurred; and I write now more in order to be ready for the first casual conveyance rather than with a reliance on any known one. I do not make use of the mail, because it is rendered ineligible by the delay & uncertainty incident to it. I can not undertake to decide on the merits of your suggestion with regard to Indian and Spanish Affairs in your quarter. As the question depends on a knowledge both of military and local circumstances, it is more proper that I should pay the attention due to your remarks on it. Some systematic provision for the security of our frontiers, and the respectability of our national posture, ought not and I hope will not be long delayed. As far as this provision may depend on the Legislature of the Union I have no reason to apprehend a backwardness to the subject. Hitherto it has been necessarily excluded by subjects of prior necessity. There can be as little reason to doubt that the measures depending on the Executive authority will be such as they ought to be. It is fortunate that to the other qualifications of the President, is added a more than common knowledge of Western and Indian affairs, which will enable him to make the best use of all information relating to them, at the same time that his knowledge of military characters will suggest to him the fittest for executing plans of public defence. What is most to be apprehended in this case is the delay inseparable not only from the nature, but the newness of our Government. Your observations in favor of an early establishment in South Western, corresponding with that under Genl. [Arthur] St. Clair in the N. Western district, appear to me to be just and important. How far the nature of the Cession made by Georgia has sufficiently prepared the way on her part I can not precisely say. I think she would act prudently as well as honorably, in
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bringing that transaction to a speedy conclusion, and on principles as liberal as she can reconcile with her essential interests. To compleat such an arrangement as you have pointed at, N. Carolina ought to be a party to it, and that is one urgent motive among a variety of others for wishing her in the Union. The commercial system has taken up so much time that it is but just going into execution. The subject next in order is the judiciary establishment which is pregnant with perhaps still greater difficulties; but being sent from the Senate in the form of a digested bill, will it is hoped produce less discussion and delay. ALS, Wayne Papers, PHi.
John Page to George Washington That I may not be troublesome & appear to others if not to yourself to obtrude myself too often on your Goodness, I take this Method of apologising for leaving a Letter with your Lady, & directing it to you without knowing its Contents but Sir Mrs. [Elizabeth] Whiting’s Character & good Sense, induced me to comply with her Request, which was to direct her Letter & present it to you. At the Request of Captain [Christopher] Roan who is very warmly recommended to me by Col. [Thomas] Mathews of Norfolk I inclose his Commission as Searcher of the District in which he prays you will be pleased to continue him or give him or that you will give him such other Commission in the Customs as you may think proper—in Justice to Captain Roane I have inclosed Col. Mathews Recommendation of him—Be pleased to accept of my warmest Thanks for your kind Intimations to me of your garcious & benevolent Intentions respecting the Loss of my deceased Friend.1 ALS, Washington Papers, DLC. 1 Presumably Thomas Nelson, Jr. (1738–89), Page’s friend and classmate and the father of Washington’s private secretary. A signer of the Declaration of Independence and a celebrated wartime governor of Virginia, Nelson died the previous January.
George Partridge to James Lovell Who will be appointed to Office, or who will be disappointed, I know not. the former class must be pritty large, but the latter class will be much larger. You say you expect to be appointed to a certain Office, I believe you will not be among the disappointed, for in addition to what the President knows of You and your character, you are now in Office by the voice of the
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state, which is such a kind of Recommendation which will (if I am not mistaken) have great weight with the President in all such appointments. this principle however will not operate in favour of your friend at Barnstable [ Joseph Otis?], nor can I conjecture who will be appointd there; but a day or two will devellop these secrets. I [lined out] am not in the Cabinett, nor have I any voice in the retinues; but expect nevertheless a small share in the curses of the disappointed, who will you know, impute their disappointment to any cause rather than their own unfitness. perhaps youll. say that we may Afford to bear a little cursing for six Dollars pr. Day, and here perhaps I may join with you. pray Sir what do our people say about this six Dollars? do they begin to be angry? or are there no speculations yet in our papers about the matter? this allowance appears to us Yankees too high, & tho, the wise men of the south say it is too low I think it will be reduced when the Law passes. your friend Mr. N[athaniel]. Gorham is here but— The Collecting Law is finished and I believe you will find many defects in it. a Coasting Law is under consideration & a Long intricate thing thing it is. I hope it will be damned, & a new one made, for I think it has not virtues enough to save it, and I think also a new one may be sooner made than that mended. but it is supper time therefore bid you adieu for the present. ALS, L. W. Smith Collection, NjMoHP.
Archibald Stuart to James Madison I am happy to inform you that throughout the Whole of My Circuit (which is not small) that Party spirit & Political dissentions are now no more—We all wish to come in under the Cloak of a few amendments should they even be inadequate to a compleat Justification of our former Opinions: for this purpose if no Other reasons could be offered I hope some of your amendments will go down—There is but one man among us who will not for give the Antis their sins a Mr. Decius1 who has really made some of them sore & continues to scourge them with a Rod of Iron—I met our old friend [Patrick] Henry at the district Court held at New-London & was informed by him that he had Changed politicks for Law & that if his easier Age was renewed his days should be spent in Retirement & the rural employments of our forefathers—I never knew the Minds of men so much disposed to acquiesce in publick Measures as at present their Langauge is all is well While G. Washington lives he will crush both men & Measures that would abridge either our happiness or Liberty In short we are all in the same State of Security with Passengers on board a Vessel navigated by an Able captain & skillfull Marriners—is there more respect paid to us as a Nation since the Establishment of the New Government than formerly? is it Probable that
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measures will shortly be adopted which will affect the Credit of Continental securities? will the Congress sit the whole of the first year? Mr. [Alexander?] Nelson from this place will probably hand you this Letter—he goes to N. York to settle some business with the publick boards— if you Can aid him by your advice in therein it will confer an Obligation on Yr. friend. ALS, Madison Papers, DLC. Written from Staunton, volume 15. 1
See Randolph to Madison, 27 March, n. 2, volume 15.
James Sullivan to Elbridge Gerry Tomorrow throws us into confusion respecting Imposts unless some appointments or some act comes on by the post today tomorrow. Doctor [Charles] Jarvis and some of your friends here think you ought to have opposed the Compensation Act. between you and I there will be uneasiness about it. Some of your friends think that you are put upon ways and means with an Expectation of injuring your popularity they observe that your Speeches are generally Suppressed by the Printers unless where they tend to injure you with the people. you stand far above the reach of this Low Envy at present but you will take care. our people here the high feds grow exceeding uneasy with your Government the Merchants such as Geo. Williams Ralph Cross &c. think that trade is discouraged Caleb Davis I hear is going to petition our Legislature that the suggar baking business is destroyed. the Shipbuilders & their dependents who were in Expectation of great Riches and who expected the Exclusive right of carrying American produce in their own bottoms are wounded in the Tonnage act. our New Manufactorers are complaining—and in short there seems to be a universal dissatisfaction breaking out in a Low grumble. this is no fault in the Government but arises from these peoples anticipating more benefits than any Government can produce. they will demand of the high feds some of the blessings so lavishingly promised and what the consequences of a disappointment will be Time will discover. I do not wish you to Shrink from your Duty but do not wish you to appear to lead altogether in ways & means. I Speak & write in favour of making informations against Smuglig. reputable. I proposed it to G[eorge]. Williams his answer was the Merchants were going to [lined out] haul up their Ships that the Impost Act destroyed all their hopes. I proposed it to Cross his answer was “he wished I would get Theo[philu]s. Parsons to get the Insurance office of N[ewbury]. Port to agree to it” the Distillers cry out & in Short none but those who Expect official or
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Commission blessings Seem to be contented with their own Paradise formed by their own zealous hands I do not see your Speech about Wages some of your friends think you ought to have opposed Six Dollars a day but you are on the Spot & know What to do. Your disputes about Titles makes me recollect a passage in 17 Chap. Gibbons History of the decline of the Roman Empire1 “but when they lost even the semblance of those virtues which were derived from their antient freedoms the simplicity of the Roman Manners were insensibly corrupted by the stately affectation of the Courts of Asia the purity of the Latin language was debased by adopting in the intercourse of pride & flattery a profusion of Epithets which Tully [Marcus Tullius Cicero] would scarcly have understood and which Augustus would have rejected with indignation the principal officers of the Empire were Saluted even by the sovereign himself with the decetful titles of your Sincerity, your Gravity, your Excellency, your Eminence, your Sublime & wonderful magnitude, your illustrious & magnificent highness”—what a pity would it be to loose the name of Washington in a title which accident not Virtue might give to another. I have not patience to read this myself & should read the Letter & laugh at [it] you will not Let any one else do it. ALS, Gerry Papers, MHi. Written from Boston. 1 The History of the Decline and Fall of the Roman Empire (6 vols., London, 1776–88) by British historian Edward Gibbon (1737–94).
Henry Wynkoop to Reading Beatty Came here about eight in the evening; after leaving You at Trenton. The Bill for the Collection of the Impost went to the President yesterday & probably will be returned this day, tomorrow is the first of August, so that the Collection of this Revenue must necessarily take place at such times as the Officers in the different Ports shall receive Information of their Appointments, which will not be an equal Commencement, but can not be avoided. [Thomas] Loyd yesterday promised to send Your [Congressional] Registers in arrear, but they have not come in yet. The Registering of the Shiping & regulating the Coasting Trade is at present the Business before the House, the establishment of the Judiciary probably will be the next Object, that of the Wages & Civil List together with the Disposal of the Lands in the western Territory as well as sundry other Concerns appear to press equally hard upon the Attention of Congress. ALS, Wynkoop Papers, PDoBHi. Addressed to “Falsington,” Bucks County, Pennsylvania.
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Letter on the Public Debt You ask me what Congress will do respecting the domestick debt of the United States—I answer, that policy as well as justice requiring that the interest should be regularly discharged, I am fully convinced it will be done as soon as funds can be provided—This I know you will say is a matter of small consolation to the publick creditor, who will, in the mean time, be obliged to sell his principal at a discount, because he cannot receive his interest—and a delay of doing justice, is to him a denial of it—but such is the state of the Treasury, that the creditors must wait, however fatal the consequences may be to individuals, unless gold and silver can be borrowed— which I despair of; or unless Congress should anticipate the revenue by an emission of paper money—I know you will start at this idea, because of the many ill effects we have so recently experienced from a paper medium—let us not, however, be blinded by prejudice, but enquire why paper money depreciated in some States before the war, while in others it passed current as gold and silver—on examination we shall find that the depreciation was owing either to the excess of it, or to its not being properly funded, and to the want of confidence in the body making it. The credit of paper money depends first, on the want of some other medium besides gold and silver; secondly, on the credit of the government issuing it, and thirdly, on the quantity issued. That the Legislature of RhodeIsland, chosen for six months only, and probably many of them debtors, should issue paper money with an intention that it should depreciate, I can easily believe; but I can by no means believe that Congress will ever do any thing to injure publick credit, or that they will not do every thing in their power to restore it. It may be said that paper, unless at all times exchangeable for gold and silver, will depreciate; but, if we consider the extension of the United States, the large part of their negotiations which are domestic, that those negotiations are rapidly encreasing, and that the balance between the exports and imports is every year more in their favour; may we not be assured that the number of persons who will want to exchange paper for gold and silver, will be less than those who will want to exchange those metals for paper. It is also said, paper causes the exportation of gold and silver, if this is true, it is equally applicable to Bank paper; but the fact is—if the balance of trade be in our favour, gold and silver will be imported; if against us, they will be exported, whether we have a paper medium or not. That the resources of the United States are great, is true, but that it will be very difficult to call them into immediate operation, and that they will increase with our experience and progress in population and wealth, are facts which will not be denied. That the publick and private debts of America may be converted
31 JULY 1789
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into a source of wealth and prosperity to the United States, is the opinion of Sir John Dalrymple;1 that our domestic debt may be so, I am fully convinced, and do myself the pleasure to inclose a plan for the purpose—if such an one was to be adopted—I think I2 would promote the interest of the publick creditors, and advance the general good. I have given you my thoughts freely—do with them as you please. A plan to convert the Publick Debt into a publick blessing First, That a circulating medium be made, (receivable on imposts, on the sale of land, on loan, and on all other revenues), to be loaned to publick creditors, who shall deposit in the securities of the United States, three times the amount of the sum lent—the borrower to receive a certificate entitling him or his order to the sum deposited, in twenty years, with interest annually after ten years, by which time, supposing the interest on the loan and deposit to be five per cent—the money loaned, with the interest thereon, will be discharged by the interest due on the deposit. Secondly, The present debt to be re-borrowed at an interest of five per cent—the original publick creditors would, it is supposed, gladly re-loan at that rate, because should it be regularly paid, they will be able, if they have occasion to sell, to obtain what they lent; but it cannot be expected they will lend at a less rate, because the real value of the use of money in this country being five per cent, a less rate would be a proportionate reduction of the principal. If Congress have it not in their power to re pay what they borrowed, ought they not to enable their creditors to obtain it from others? The advantages to be expected from the above plan are— That it will prevent many of the original creditors from selling their demands at a great discount. That it will lessen the demands of the people by the difference between 5 and 6 per cent. and by the interest on the money loaned, or it will sink so much of the principal of the debt. It will promote manufactures and works of publick benefit, such as cutting canals, building bridges, &c. to facilitate inland transportation—by furnishing those publick creditors who may be disposed to engage in them, with a capital for the purpose. It will prevent excessive usury, more effectually than any laws, by increasing the quantity of money to be lent, and lessening the number of borrowers. It will enable many importers to pay the impost, without forcing the market or securing the payment by deposits or bonds. It will increase the value of real estates by enabling the owners to borrow money on a mortgage of them and thus prevent, the exposing to sale more than there is a market for. It will facilitate the sale and settlement of the unlocated lands, as the
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CORRESPONDENCE: FIRST SESSION
possessors of publick securities may with a part of their securities purchase the lands and procure money with the residue to improve them. It will increase the medium, the want of which is evident from the great proportion of business which is done by the expensive and inconvenient mode of barter. And, It will give time to Congress to borrow the amount of their funds and to provide for a deficiency if there should be any. Thirdly, By a judicious management of the issues, the prejudices of the people against paper money, may be removed; when they shall be fully so, Congress may furnish the respective states with money to loan on deposits of their securities. The quantity which may be issued without risking a depreciation, from the excess, may easily be determined, by inquiring as to the amount of paper money, before the war, in those states, where it was issued without depreciation and comparing the same with the exports and number of inhabitants. If ten millions of dollars should be issued on deposits of three times the sum and the revenue should be equal to the interest of the whole debt and the current expences of the government, the saving of the interest on the deposits, which would be 1,500,000 dollars annually, would in six years discharge the foreign debt—and in ten years, or by the time the interest on the deposits shall become payable, 9,000,000 of the money emitted may be redeemed or an equal sum of the debt, on interest paid off—and this without estimating any thing to arise from the sale of lands or the increase of the revenue consequent on an increase of the population and wealth of the United States—powerful resources! [Boston] Herald of Freedom, 31 July; reprinted at New York City. 1 Sir John Dalrymple (1720–89), the fifth earl of Stair, sat in the British House of Lords, 1771–74, where he became a notable supporter of the colonial resistance movement in America. Between 1776 and his death, he authored no fewer than nine pamphlets on national finance. 2 NYDG, 14 August, corrected “I” to “it.”
One of Seven Thousand As the petitioners against the sitting members from New-Jersey have not an opportunity of being heard in the house of representatives on certain points respecting the contested election which have lately been discussed there, you will be pleased to give place to a few strictures on the speech of Mr. B—t, mentioned in your paper of the 16th as delivered the day preced-
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ing, in consequence of a motion prescribing the manner in which evidence should be procured.1 In the first sentence Mr. B. tells the house that “the dispute lay between the two parties, who by their petitions contended for and against the legality of the election.” Intimating, it is presumed, by this, that he and his colleagues cannot be considered as parties, and thereby making an apology for their entering into the debate, and perhaps paving the way for the impropriety which possibly might follow of their attempting to vote upon the subject. In the next sentence he says that “he himself with his colleagues had come forward under the sanction of a full and unequivocal commission from the executive of New-Jersey, who had declared the election legal.” Is the commission “full?” Let it be examined—Let it be compared with and tried by the law.2 The governor and privy council, says the law, shall determine the four persons who shall have the greatest number of votes from the whole state to be the persons Duly Chosen to represent this state in the Congress of the United States. Do the governor and privy council declare it in the case of the sitting members? The proclamation which is their act, or advice, and contains their determination, says no such thing.3 The commissions themselves, when brought to the fair and proper test (the law) are not “full.” In two of them the word duly has been erased, but not so entirely but that it may be seen that such word was once inserted; in the other two it has been altogether omitted. The law considered the word as of importance and prescribed it. The governor and privy council, who are the executive, and the referees not only avoid saying that the sitting members were duly chosen, but avoid even to say that they were chosen. The governor who had prepared his commissions for the first meeting of the council on the third of March, makes them answer for the second meeting on the eighteenth after the word “duly” was struck out. Is the commission unequivocal? Compare it with the law in the instance abovementioned— Compare it with the proclamation throughout—The persons who are mentioned therein (are not duly chosen to represent the state but) have the greatest number of votes from the twelve counties, says the proclamation, are elected to represent the state, says the commission. Have the Executive declared the election legal? Review the proclamation—The executive far from asserting in that instrument that the election was legal, do on the other hand very clearly manifest that they themselves are doubtful of it, and expressly “refer the decision of the legality of the election of the present sitting members, to whom it appertains,” meaning the house of representatives. Mr. B— next goes on to say, “that the petitioners on behalf of the election had a wish to be heard by counsel on the facts to be brought before this
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house, but he was willing to relinquish any advantages that could arise from this on account of the great delay.” It is difficult to ascertain what advantages Mr. B—, putting himself, as he professedly does, in the place of his party, relinquishes in this case—The house in taking up the matter, and referring it in the manner they did to their committee, had already decided against him and his side of the question, so far as respected the jurisdiction of the house, and sufficiency of the facts. Mr. B— further observed, that “as to the irregularities which it had been said, had taken place in the conduct of the election, the laws of the state were competent to punish any misdemeanor which had been committed.” The law of the state is indeed competent to the infliction of a trifling fine upon the judges of the election, but it is not competent to administer the remedy asked for by the people from the house of representatives; it cannot remove the sitting members, whose seats are the fruit of the illegality complained of. The petitioners call for redress, and not for punishment—Little will it avail to fine a few individuals for misdemeanors, while the evil occasioned thereby is continued. How ingeniously does he try to shift the penalty from himself upon the judges, by endeavouring to have the matter referred to the state tribunal! He well knows that however they may there be punished, he and his colleagues are without its reach, and may in defiance of it hold their seats securely. But Mr. B— and his brethren shall not so escape; there is a spirit of justice and of independency in the house of representatives on which the several thousand of electors who have remonstrated against the late election and return for New-Jersey confidently rely for a redress. The members of that house will dare do right, even if in doing it, should be involved the unpleasant task and the disagreeable necessity of depriving of their seats certain persons who have been associated with them as members—They will remember that this instance of a contested election must stand as precedent on their records, and that if they depart in their decision upon it from the path of rectitude, they may not only lead astray a future house of representatives, but will encourage illegal and irregular elections, contaminate the purity of representation, give up the independency of the house, and sacrifice the dearest interests of the union. New-Jersey, July 20, 1789. NYDA, 31 July; reprinted at Elizabethtown, New Jersey. For Boudinot’s speech, see DHFFC 11:1118. For the New Jersey election law, see DHFFE 3:15–18. 3 For the proclamation, see DHFFE 3:106. 1 2
31 JULY 1789–JULY 1789 UNDATED
1195
Other Documents
Jonathan Jackson to George Washington. ALS, Washington Papers, DLC. For the full text, see PGW 3:358–59. Office seeking: unspecified; is known to most of the Massachusetts delegation and a number of other members; mentions in particular Goodhue, to whom he lost in the first federal election. Christopher Leffingwell to George Washington. ALS, Washington Papers, DLC. For the full text, see PGW 3:209–10. Office seeking: Trumbull has suggested that Jedidiah Huntington was a competitor for collector at Norwich. Roger Sherman to Simeon Baldwin. ALS, Sherman Collection, CtY. Encloses today’s “Gazette”; progress of Collection and Coasting bills; expects House will take up Judiciary Bill [S-1] next Monday; “I want to know the disposition of the house respecting it before I come home”; hopes to set out next Wednesday morning. William Smith (Md.) to Otho H. Williams. No copy known; mentioned in Smith to Williams, 10 August. Daniel Hiester, Account Book. PRHi. The Pennsylvania delegation met at City Tavern to discuss the permanent seat of Congress. Robert Lewis, Diary. ViMtvL. President Washington entertained those members of Congress “he thought proper to dine with him.”
July 1789 Undated Egbert Benson to David Humphreys You may mention to the President, that all the Gentlemen from our State have agreed to suggest Mr. John C. Ten Broeck as Surveyor for Hudson and a Majority of Us have agreed as to Jeremiah Lansing to be Surveyor at Albany. ALS, Miscellaneous Letters, RG 59, DNA. Benson dated the letter “Friday.” Washington wrote John Gelston’s name for collector at Sag Harbor after Benson’s signature. It is unclear whether this name was also submitted by the New York delegation, but the docket on the document suggests that this was the case.
1196
CORRESPONDENCE: FIRST SESSION
Arthur Campbell to Archibald Stuart *** In my last I touched a little on the federal Constitution and the movments in Congress; now I will endeavour to enlarge. It will be acknowleged by the true federalists, and by the more candid of the Antis, that responsibility is a principal characteristic of a republican government. Therefore by how much the structure of any plan is removed from this principle, by so much, may we reckon it is verging towards aristocracy. Compare the old Confederation & the administration under it; with our new system and what has already appeard of its organization; and the probable operation these will have; so compare it with our own State Constitution; and the laws and measures derived from it, or if you please, from the predominant influence of the reigning Demagogue,1 for it would be prostituting the term Statesman or Patriot to such a character. I say draw the comparison, critically and candidly, and the degree of responsibility will be evidently on the side of the present Constitution, so much so, that I think we may not be charged with exaggeration, if we consider it as an event equally friendly to liberty, as the revolution from the domination of Great Britain. Another excellence in the new Constitution is that it is improvable, may be renovated, or new modeled from time to time, as new lights may arise, or our circumstances and necessitys point out. In proof of this observation, we may recur to Mr. Madisons Amendments offer introduced into the House of Representatives the eighth day of June; Where abating a few particulars; all the volumes that has been said or wrote, by way of alterations, are comprized in a very small compass, and much to the purpose—To me it seems, he had better left one or two particulars of his amendments, to legislative discretion; but these I hope will be filtred out in their progress through the House. In the operation of the new Constitution, it is discernable, that reciprocal dutys are intended, between the governor and the governed; the Representative and his Constituent. The people ought to remember, it ought to be deeply impressed on their minds, that they have something else to do than barely to elect. If responsibility is expected, regular information ought to be had, ought to be earnestly sought after, in order to judge aright, to praise or blame judiciously: an intelligent honest Representative, will be pleased to serve such a people: The ignorant and knaveish ought to be detected, and expeled. To effect so desireable a purpose, as the above, may not a plan be easily adopted—It is true the whole of the Electors cannot be supposed so intelligent as to read, and keep up a written correspondence. but may not one knowing communicative character be found in each Militia Company. 1. Let a County Library be form’d of Modern and the most useful Books; be-
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sides, let each Company have at least one News-Paper, or one of the Congressional Registers. 2. Let one or two or three particular persons in each County be chosen to correspond with the Representative of the District in Congress. This might be called a Committee of correspondence. Another or the same Committee, might be selected to correspond with the Committees of the other Counties. This plan with some matureing and addition, might have this with other salutary effects, that the Representative might know the sense of his Constituents on the most important Acts on their passage, and before they become a law. This would give him great confidence, and might suggest some useful hints: In short it would literally be binding the People by laws made with their own consent. This would be bringing about a responsibility tinctured with generosity and magnanimity, it would be productive of a genuine republican spirit, it would tend to unite the American people and make them a band of Brothers.2 The high wages proposed, to be given by the Members of Congress, to themselves, is much found fault with, most say double the sum the Delegates in the State receives, is enough, I say a Guinea or five dollars, a day, is as liberal as our circumstances will afford. If living is high, it is a good reason to remove from that place, to a more reasonable part of the Country; a more central will surely be fix’d on, as the permanent residence of Congress. Where do you conjecture the place will be? I much dread the introduction of European vices, customs, and manners. we will be greatly endangered from this quarter, if a great commercial City, is pitch’d upon for the Metropolis of the Union, and we receive an [lined out] uncommon influx of the younger Sons of the titled familys in Europe. This will alarm me more for the fate of republicanism, than a Confederacy of all the Indian tribes against us. We are far behind many of the States in knowlege of political subjects; Something like the above plan is practised I am told now by the NewEngland people: if the northren States keep improving; they will soon have a preponderacy of knowlege, property and power will follow of course, and we to the Southward, with our Blacks, and Mongrels, will be the peasantry of the Empire, before half a century. Let us with uplifted hands, loud voices, and the most animated exertions! avert in time so humiliating so degrading a station, for the Sons of freemen! ALS, Draper Papers, WHi. Written from Washington, Virginia. The omitted paragraph of this letter indicates that it was written after 22 July. The editors are printing this letter because of its commentary on the constituent-Representative relationship. 1 2
Probably Patrick Henry. “Band of Brothers,” Shakespeare’s Henry V, Act 4, scene III.
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CORRESPONDENCE: FIRST SESSION
Elbridge Gerry to [George Washington] Applications for Office from Massachusetts In the Customs Newbury Port Jonathan Titcomb Esqr. for the naval office of that district which he now fills Salem William Vans Esqr. for the office of Collector, naval officer or Surveyor Marblehead Richard Harris Esqr. for the Office of Collector which he now fills Boston Samuel Henshaw Esq. for the office of Collector which he filled with great reputation, but resigned from an idea that he was not well treated by the State Leonard Jarvis Esqr. for the Office of Comptroller, which he now fills & his appointment to which produced the resignation mentioned Thomas Melvill Esqr. for the naval Office which he now fills Plymouth Major Henry Warren for Collector In the Judiciary Boston Honble. James Sullivan for a district Judge Roxbury The Honble. John Lowell for an associate Judge is mentioned by a number of Gentlemen, he having been a Judge of appeals under the former Congress of great abilities & integrity: he undoubtedly expects an appointment but from delicacy has made no application for it. Ms, hand of Gerry, Washington Papers, DLC.
William Grayson, List of Candidates for Offices List of Applications to Col. Grayson Place and New York
Date 27 May
from whom Samuel Hanson
in favor of himself
ditto
25 May
William Finnie
do.
Office of Collr. of Alexandria Mace Bearer to the Senate
JULY 1789 UNDATED York Town
20th. February Saml. Eddens
do.
Norfolk
12 March
Danl. Bidinger
do.
Auburn
25 May
Ezel. Forman
do.
Richmond York Town
9 May 28 Feby.
Col. [William] Heth do. Ab[raham] Archer do.
Virginia Richmond Philada.
10 May 15 April 19 May
E. Smith Carter Braxton George House
do. his Son [Corbin] himself Geo. Abbott Hall himself
Charles Town 28 March Prince Town
28 May
Governor [Charles] Pinkney Willm. Davies
New York
16 June
Edwd. Church
do.
Hayes Farm S. Ca. Virginia
1 May
John Parker
do.
1 April
Nathl. Wilkinson
New York
25 Apl.
Jesse Higgins
his Nephew Capt. [Reuben] Wilkinson himself
Savannah Philada.
12 Feby. 1 July
Norfolk Baltimore
25 February 18 May
Petersburg
18 June
Virginia 15 July P. Geo. County Petersburg Cambridge Savannah Philada.
19 July 12 April 13 March 18 July
Philada.
16 July
Hampton Virginia
19 July
1199 Searcher of Port of Yk. Twn. Collr. or Naval Officer Sheriff or Marshall T[lined out]d. Cl. Military or other Naval Officer Yk. Town Any thing generally Navy, Customs or Excise Collr. Chs. Town S. Ca. Vacant Seat in the Board of 31 Collr. Savannah, Georg[ia] any Office to the Northw[ard] Col. Savannah G.
Collr. S[t]ate of Delawar[e] John Habersham do. Collr. Savannah Clem. Biddle Capt. [Nathaniel] Surveyor Port Falconer of Philada. M[uscoe]. Livingston himself Collr. at Norfolk Wm. West Capt. [Alexander] Collr. Baltimore Furnival Wm. Prenties himself Surveyor or any other Cadr. Jones do. Nl. Offr. Bermuda 100 or place of Date William Prentis inclosing one for the President Gustavus Scott himself Law Department William Pierce do. Collr. of Savannah Saml. Caldwell do. Collr. Duties on Tonnage Chris[tia]n. do. Naval or any other Freibeger [Febiger] office Miles King W. Ray Naval Officer ditto Capt. [Richard] Revenue Vessel Taylor do. A. Baily Surveyor do. [William] Graves Searcher
1200
CORRESPONDENCE: FIRST SESSION
Berkley
17 February
Benjamin Harrison himself
Dumfries
7 May
Vincent Gray
George Town 23d April George Town 13 July
Uriah Forrest Benjn. Stoddart
Williamsburg 26 March Kentucky 24 June Virginia 25 February
Saml. Beale James Tooller B[ernar]d. Moore
Presqu Isle
28 June
Alexandria New Brunswick Maryland Philada.
30 June 28 April
Davd. Meade Randolph Cleon Moor Levinus Clarkson
26 April 3 July
View Mount
27 March
Middlesex
28 February
Philada.
23 March
Dumfries
20 July
Savannah Berkeley
15 March
Dumfries
Collr. Customs at Norfolk or Portsmouth or Supr. Intire Customs himself Searcher at Dumfries David Harris Generally David Lynn Naval Officer Geo. Town Francis Bright Vessel in Customs himself Any thing his Brother Searcher West Jno. [ John Spots- Point [Virginia] wood] Moore himself Collector of Customs do. Collector of ditto do. Collr. New Jersey
William Fitzhugh Mr. [George] Biscoe Naval Officer James Hutchinson Capt. [Nathaniel] Surveyor Port of Falconer Philada. Cuth[bert]. Bulliet Mr. G[ustavus]. Judge or solicitor Scott in 10 Miles Square &c. &c.2 William Curtis himself Employt. in the Customs Fredk. Phile himself Naval Officer Philada. Vincent Gray do. Searcher &c. &c. &c. Benjn. Fishburne do. Collr. Savannah Francis Willett do. Collr. Naval Offr. or surveyor at Savanna[h] Vincent Gray heretofore Searcher Collr. at Dumfries at Dumfries & who has dischd. the office with fidelity & propriety
Ms, hand of Grayson, Washington Papers, DLC. 1 The Board of Commissioners for Settling Accounts Between the United States and the Individual States. 2 The area to be set aside as the seat of federal government.
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James Madison, List of Candidates for Office Candidates
Objects
Major J[ames]. Gibbon
some place in the Customs Collection at Philada.
Recomendations
By Col. Tho. M. Randolph Sharp Delaney By Mr. [Richard] Peters. He is now Collector Jno. Hopkins Whatever place may be He is now loan Officer in lieu of the loan office in Virginia Hudson Muse Collection on Now Collector Rappahannock General [Adam] Collection at Norfolk Of known character Stephens or some other place in the Customs Abraham Archer Collection at York Town Now in Office & recomended by D[avid]. Jameson Esqr. Capt. Saml. Eddins place of Searcher at do. now in office, recomd. by David Jameson Esqr. & Mr. [Abraham] Archer. Jacob Wray Collection at Hampton Now in office Willm. A. Bayley place of Searcher at do. By Miles King Esqr. Gustavus B. Wallace place in Customs on Of known character Rappahannock Xn. [Christian] Febiger place in Customs at of known character Philada. Majr. [William] Lindsay collection at Norfolk now in office, of known character J[ames]. B. Nichols collection at Norfolk By Jno. Swanwick [Nickolls] [torn] place in Customs in Va. of known character Col. [Samuel] Hanson place in Customs By T[ench]. Coxe Esqr. of known character J[acob]. Broom Collection at known character Wilmington [Delaware] Moscoe Livingston place in Customs at By Col. Henry Lee Norfolk
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CORRESPONDENCE: FIRST SESSION
Thomas Pollard
some place in revenue The Honble. Edmd. (particularly on Pendleton Potowmac) David Meade Randolph Collection place in His own letter only Customs on James River ——— Joshua Barney place in line of By Docr. [Rev. James] his profession McHenry Capt. Richd. Taylor do. Commander of an armed Vessel during the war in Virga.— late of one of the armed vessels for enforcing the trade laws— known to be a brave & worthy man Mr. [Andrew] Elliot Geographer of U. States By President [Rev. [Ellicott] James] Madison ——— Elias Langham Military storeship See his letters Richd. Morris do. a man of capacity & (of Louisa) worth ——— J[ame]s. Maury Consulship in London a man of do. & do. (now in Liverpool) or Dublin ——— Thomas Thomson do. in Portugal By Mr. Ths. Pleasants Ms, hand of Madison, Letters of Application, 1809–17, RG 59, DNA.
George Thatcher to [George Washington] David Sylvester—lives at the Port of Wiscassett—he has been two or three years appointed Collector of Impost & Excise for the Western District of the County of Lincoln—& I believe he will make a good & faithfull Collector of Impost at that Port under the Laws of the United States—But should there be any reason in the mind of the President for not continuing him in Office—I take the Liberty of recommending to the President Benjamin Jones Porter as a person that would make an able & faithfull Collector—and one who deserves the attention of the public—having greatly injured his health in the service of his Country thro’ the late war. William Webb is Naval Officer at the Port of Bath; and if I am rightly in-
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formed, he has been appointed several years successively—And I dont know any reason why he should not be appointed Collector for the District of Bath under the Laws of the United States—However should the President have good reasons for not appointing him and be unacquainted with any suitable person for Collector in that District—I beg leave to mention to him the name of Elkinah Watson—who I believe would prove a good Officer. Ms, hand of Thatcher and signed by Thatcher, Washington Papers, DLC.
George Thatcher to [George Washington] Jeremiah Hill—lives at Biddeford & is now Collector of Impost for the County of York—his education was liberal, & his conduct in Office has recommended him to the Legislature of Massachusetts, by whom he has been repeatedly appointed to the Office of Collector—He is in my opinion a very suitable person for Collector at the Port of Biddeford & Pepperrellborough. Richard Trivett has been Naval Officer, at the Port of York, more than Twenty years—He is a man of Integrity & may be depended upon to discharge faithfully the Duties of Collector at the Port of York—under the Laws of the United States. Nathaniel Fader Fosdic—is a young Gentleman of Liberal Education—he lives at Portland, & has been appointed several years successively a Naval Officer for the Port of Portland—And since the duties of Naval Officer & Collector of Impost are to be discharged, at that Port by the Collector— I am of opinion that Mr. Fosdick is a very suitable person for that Trust. Mr. James Lunt—has been Collector of Excise for the County of Cumberland several years—He lives at Portland—& will make a good & trusty Surveyor for the Port of Portland & Falmouth. John Lee—was Naval Officer at the Port of Penobscott for two or three years prior to May last; but at the last election of Naval Officers for the Commonwealth of Massachusetts he was left out, and Joseph Hibbert was chosen in his room What was the cause of this change I am not able to say—Lee is generally spoken of as a man of Integrity & inflexible perseverance in the discharge of his duty while in Office—and generally as a good Officer—from this Character & my personal acquaintance with him I offer his name to the President of the United States, as a man by whom the Public may be faithfully served, should he be appontd Collector for the Port of Penobscott—And I beg leave to add—that some very respectable characters in the Legislature of the Commonwealth think the foregoing change is not for the better.
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CORRESPONDENCE: FIRST SESSION
Melatiah Jordan—if I am rightly informed lives at Frenchmans-Bay— And, from the Character I have often heard of him, will prove a faithfull Officer—should he be appointed Collector for that Port—Under the Laws of Massachusetts there has never been any Naval Officer or Collector at this place. The foregoing persons I recommend to the President of the United States as suitable persons for the Offices affixed to their respective names for the reasons assigned. Ms, hand of Thatcher and signed by Thatcher, Washington Papers, DLC.
Alexander White to [George Washington] General Edward Stevens—solicits an appointment in the Customs, particularly the District of Norfolk He is a Gentleman in high repute in his Country both as a Citizen and a Soldier. Col. Will. Heth—has I expect explained to your Excellency his particular Views—I have known him from his Infancy. There is not a man in whom I would more readily confide for the discharge of any Office he may undertake—As a Soldier he is probably better known to Your Excellency than to me though his early exertions may have escaped your notice or your Memory—I know him to be an excellent accountant, an affectionate and dutiful son to his indigent Parents, notwithstanding his circumstances are narrow and he has a young Wife and an increasing Family. Col. Gustavus Wallace is desirous of a Collectors Place—particularly that of Rappahannock—I have but a very general acquaintance with him He was an officer in the Army, from that circumstance, and from what I know of his Connections I presume he is not unknown to Your Excellency. Hudson Muse—is desirous of the same Office He is an entire Stranger to me—but has been long in Office that Office, and is recommended by m Gentlemen on whom I can depend, as a faithful diligent able man in his office, and a good Citizen. Col. Christian Febiger—has explained to Your Excellency his particular Views—I knew him well early in the War. he was much esteemed among us, at that time, and I understand has supported a good character both as a Soldier and a Citizen ever since. Elias Langham—is desirous of being appointed a Commissary of Military Stores—He married a young Lady in my Neighbourhood, and lived there sometime. I believe his character is good—and I find he has given satisfaction in his present office at the Point of Fork [Columbia, Virginia]. Frederick Phile—solicits the appointment of Naval Officer of the Port of Philadelphia He has been twelve years in that office, and brings sufficient
JULY 1789 UNDATED
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ample Testimonials of his faithful discharge of the Duties of his Office and of his general Good Character—I am not personally acquainted with him. Joseph Shallcross—solicits the appointment of Collector of the Customs at Wilmington [Delaware] He is also a Stranger to me, but from the character given him by those in whom I can rely—I am have no doubt of the his fitness for the Office, and of his general good character. Ms, hand of White, Washington Papers, DLC.
Letter from Connecticut You inform me that the probable plan of appointments will be—first, to continue those already in office in the several States, who have given indubitable proof of fidelity and capacity, excepting in instances where superior political, and official abilities may point them out, as proper subjects of promotion—secondly, that those characters of the late American army, who may be qualified, who merit much, but from the unfavorable circumstances of the country, have never been suitably rewarded, will next be noticed— and thirdly, that persons who in civil life have evinced a firm attachment to the cause of their country in all the different views in which it has been placed; more especially the advocates and friends of the new constitution, whose characters and qualifications entitle them to patronage, will also receive attention. This arrangement meets my approbation entirely; but at the same time great caution is requisite to avoid essential mistakes—in the first place, it is not difficult for persons in office who are unworthy of, and incompetent to the places they hold, to procure factitious testimonials in their favor. It must be granted, also, that many persons mistake their own talents— and men who have done well in one situation, may be totally unqualified for others: There is a sort of claim which military characters possess, that may unduly bias the judgment—and it is possible, that some candidates for office cannot with propriety, wholly impute their present depressed circumstances to the deficiencies of their country. The third description affords the greatest range for the selection of competent public officers—and from this, all other considerations being equal, no doubt a preference will be given to those who have supported the Constitution, in appointments which have for their object the promotion of the public interest, upon the principles of that Constitution. Every pleasing anticipation is entertained with respect to the nominations to office that are immediately to be made. The hackneyed proverb, that “kissing goes by favor,” will be found totally inapplicable on this occasion; an inflexible independency of determination having always distinguished
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the appointments of the late Commander in Chief of the American army— there is every reason to expect that real abilities and desert will be the only influencing considerations. GUS, 29 July.
Other Documents
John Brown to George Nicholas. No copy known; acknowledged in Nicholas to Brown, 2 November. Francis Cabot and Nathan Goodale. Ms, unknown hand, Washington Papers, DLC. Marked “No. 63,” lists Strong and Sedgwick as supporting Francis Cabot for collector, and Goodhue, Trumbull, Wingate, and Partridge as supporting Nathan Goodale for naval officer at Salem, Massachusetts. Timothy Dwight to Caleb Strong. ALS, Strong Papers, MSonHi. Office seeking: Hezekiah Rogers for a job in the “Impost department.” William Few. Ms, Washington Papers, DLC. Office seeking: unsigned list, made for the President, of candidates for office of collector of Savannah: John Habersham, William Gibbons, James Seagrove, William Pierce, Richard Wiley. Walter Jones to James Madison. ALS, Madison Papers, DLC. Place from which written not indicated; acknowledges Madison’s letter of 12 July which he received “a few days ago.” For the full text, see PJM 12:307–9. Warns of the threat “artificial distinctions” and titles pose to republicanism; need for provision in the Judiciary Bill [S-1] to cover certain interstate cases; Kinsale’s rejection as a port of entry and delivery “will be a very serious Injury & distress to several very populous Counties in the lower part of the northern Neck, who must see the Commerce of Potowmack pass by them to Alexandria, without partaking of its immediate benefits.” Janet Montgomery to Robert R. Livingston. ALS, Livingston Papers, NHi. Excerpt printed in George Dangerfield, Chancellor Robert R. Livingston of New York, 1746–1813 (New York, 1960), p. 244. Questions a report that Morris has convinced the President of James Wilson’s independence and that consequently he will have the appointment he wishes; a conversation with Tobias Lear “convinced me no thing of this kind could take place—as he said Wil. was not within six of that place.”
August 1789
Saturday, 1 August 1789 Rain (Johnson)
Thomas Fitzsimons to Tench Coxe I am afraid, I have been deprived of your friendly Correspondence by Neglecting, to make suitable Returns and think it incumbent on me to Apologise for that Omission by the best of of all Reasons, because it was is a true one, that my time has been Very much taken up for some Weeks with the business intrusted to me by the house and some little attention to my own which in my present Situation is rendered the more troublesome, than if I was at home—I am sorry to Observe that upon looking over, I find a long list of Arrearages to my friends in the article of Correspondences but taking this day and tomorrow from What was intended for Relaxation I shall be able at least to Apologise for past Omissions—and as our Commercials— Arrangements—are pretty Near got thro. my portion of the other parts of the business, will not be so Considerable—the Coasting bill is now Engrossing after haveing Received some Considerable alterations, in its progress—the bill for Regulateing Light houses &c. is still with the senate. I wrote to your Committee1 by last post about the Collection bill—it has Received the Signature of the Senate and on Monday, it is expected the Nimination of the officers will be made to the senate if they are generally approved, as I doubt not, they will, the officers for this place & Philada. may be in the execution of their duty before the end of the Week. it will take time to [illegible] the Commissioners to the more distant places and Commerce in the mean time is in a Very aukward situation. I proposed a Short bill to suspend the Impost for a few days but it was not Agreed to. In the Collection bill the Senate made some alterations not very well Relished in our house but Admitted as a disagreement would have Occasioned further delay they have made the fees on foreign & American Vessels the same—say 5 dollars for entering & clearing and plead the Opinion of your Committee for their Justification as the difference in tonnage is less than it ought to be every thing diffn. of this kind operated in a degree as an en1207
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couragement to our own ships. I could have Wished it had on that account been suffered to remain. I believe there is an Intention in some Members of our house to bring forward a proposal for some further duties on goods Imported in British Vessells from their W. I. Islands but if it Appears, that such a duty would be paid by the Consumers here—it would operate very injuriously and Unequally, and must not be Admitted—in fact I believe it will be best to make the experiment upon the plann allready adopted, if upon fair tryal any other [illegible] be devised we may then resort to it with less Risk—on this Account we have in View an Adjournment the end of this Month. that we may see the Effect of what we have done and know the Opinions of our Constituents upon it—the public prints have as Yet been very modest on the subject—tho I am told the exorbitancy of our pay has been seriously objected to. *** I am flattering myself with Rece[ivin]g. some Observations of your Committee on the Coasting bill which tho. nere too late for our house may be Usefull in the senate. ALS, Coxe Papers, PHi. The omitted text relates to Pennsylvania politics and the need for state constitutional reform. 1 The “Committee of Merchants and Traders of the City of Philadelphia,” of which Coxe was secretary, was founded in 1784 by the city’s principal businessmen.
Elbridge Gerry to John Lowell . . . It will be best to rest the measure on the representations that are . . . made by your friends . . . I have waited on the President, agreeably to his own proposal, with a list of such persons as had signified to me their desire of being in office . . . I took the liberty of mentioning your name in the words following: The honorable John Lowell for associate judge is mentioned by a number of gentlemen, having been a judge of appeals . . . of great abilities and integrity he undoubtedly expects an appointment, but from delicacy has made no application for it. In making nominations, the President declared to me he had no friend to serve or predilection for any man, but wished to bring into office men of the best abilities and integrity. . . . As he cannot in the first instance consult Senators who are to be a check on him, and as he depends much on the members of the House for his nominations, I have mentioned the matter to some of our members. . . . I sincerely wish Mr. [ Jonathan] Jackson may be elected into the Treasury;1 he would make a faithful and good officer. . . . Mr. [Samuel] Osgood, I have no doubt will be appointed to the first or second office. . . .
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Excerpt of ALS, Paul C. Richards Catalogue 232(ca. 1980):item 221. The ellipses are in the source. 1
Jackson had applied to Washington for a job; see 31 July, above.
Thomas Hartley to Jasper Yeates *** Since my last—The Senate have acted very oddly—You know in the Bill for establishing the Department for Foreign Affairs—The Secretary was to have been removeable by the President—Yet in the Bill for establishing the Treasury Department—a similar Clause—has been struck out by the Senate—by Way of Amendment and is sent to us in that Form. To Morrow we shall possibly take it up—and I hope that none of the Men who voted right before will now fly the way in our House. Nay it would be better to loose the Bill than give up the Principle. The judiciary must come forward—it has been suspended some Days by the Coasting Bill—Lord how you would have swore to have been confined four or five Days to such a Subject. *** ALS, Yeates Papers, PHi. Addressed to Lancaster, Pennsylvania.
Richard Henry Lee to George Washington I should be wanting both to public and to private justice if I were to omit giving you the information that I have received concerning the charge brought against Doctr. [Frederick] Phile late Naval Officer for the Port of Philadelphia. Doctr. [Thomas Lee] Shippen the younger, who knows Mr. Phile well, informs me that the above charge “is a gross falsehood, for that he is a very temperate sober man.” And Mr. [George] Bryan, one of the Judges of that state, writes to me on the 31st instant that “this charge against Dr. Phile is an infamous slander, and that had it been made in Philadelphia would have been truly ridiculous, but as he is little known at New York it behooved him to prove the negative—To some, this charge may seem to be the issue of competition, but I rather attribute it to a wish to dismiss an Officer of vigor, who, not aided as he ought to have been with Out of doors Surveyors and Searchers, yet was able to make several important seizures, the only source of ill will to Doctor Phile”—You are Sir much too well acquainted with human nature not to know that the right discharge of a Mans duty where it produces hurt to wrong-doers, seldom fails to excite rancorous
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and violent opposition to the person who does his duty. But I am sure that your invariable wish to support such Officers against the calumny of their enemies will be Doctor Philes best protection. ALS, Washington Papers, DLC. Written from Greenwich, outside New York City.
John Randolph to St. George Tucker *** I shall tell you what I am able to learn. The Senate have become worse every Day. They want to have ten Dollars a Day and the Representatives six only. They were supported in the House by Messrs. Madison and R. B. Lee. Who asserted that such a Discrimination should be made because the Senate represented the Sovereignty of the People & they the People themselves. The Fallacy of which Assertion was soon Discovered by some other of the Members, who argued that the People were certainly more powerful than their Servants who represented them in the Assemblies. Mr. Vice [ John Adams] or some of his Adherents are continually filling the Papers [with] encomiums of Titles & other such Nonsense. *** ALS, Tucker Papers, DLC. Addressed to Williamsburg, Virginia; carried by Capt. Crozier.
Theodore Sedgwick to Benjamin Lincoln My silence on a subject which hath been near my heart—a gentelle provision for my friend may have been hitherto misterious. You know that I am unused to professions, but you will permit me to observe that my affections and opinion of public utility on this subject, a desire to gratify the wishes of good men and to avoid the exultation of bad men all perfectly combined to the accomplishment of the same object. My expectation was that in the collection of the revenue the U.S. should have been divided into 4 or 5 great districts, and that in each should have been appointed a comptroler, to superintend the conduct of the officers concerned in the imediate collection of the revenue. But this business was then in such an advanced state that my friends, altho’ convinced that the adoption of such a system would be eventually necessary, even yet of opinion that in the then circumstances it would [be] inexpedient to propose such a material alteration. Considering the importance of an early decision I submited to their judgment without making any proposition in the house. Had such an office been established your appointment in the eastern district would have been certain. Early I endeavored to know the disposition and feelings
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of my colleagues on the subject of your appointment as collector for the port of Boston. I found but one opinion prevailing. About three weeks since I requested a conversation with the president in the subject. He conversed freely. He observed that he knew of no more certain means of obtaining a knowledge of characters acceptable to the people of the respective states than from the appointments which had taken place under the state Governments, especially where those appointments were of the popular kind and made by the legislatures. That three officers had for some time passed exercised the duties of their respective offices in the revenue department in Boston. [Leonard] Jarvis, [ James] Lovel and [Thomas] Melville,1 that these men had been repeatedly reappointed and in addition to that circumstance had obtained recommendations from very important characters of their merits and faithful services. To these observations I replied that legislative appoin[t]ments were some times the effect of party, often of inattention. That altho I know nothing to the disadvantage of the characters of the men he had named, yet I presumed any officer of a character not generally odious and unpopular might obtain recommendations, and indeed if they had not misbehaved had a kind of claim to them that Mr. Jarvis would still be continued in his office of state comptroler, and Mr. Lovel in the collection of the duty of excise &ca. &ca. A few days since I again waited on the president, and mentioned your case to him more freely and particularly. I told him that all men who wished well to the measures of this government and were the means of obtaining it in Massa. most ardently wished your appointment. That it was the opinion of all the friends to government there that the opposition to you was founded solely on a knowledge and dread of your virtues and talents, That all good men would be wounded exceedingly should their wishes be disappointed, and that bad men in the same proportion, & from the same cause would exult. He said that there was no man in Massa. nor in the U.S. he had a stronger desire to gratify. That you had no friend who entertained a more just opinion of your merits than he did himself. That it certainly could not be long before he should have it in his power to shew to the world the respectful opinion he entertained of his friend. His declarations, however, were so very general, that it was impossible for me to form an opinion what was his intention. Had the senate sat on saturday, I should have had it now in my power to have told you what was his determination. On Monday he will present his nominations to the senate, what they are you shall hear by the tuesday’s post. I am very confident we shall have a recess some time in the begining of Septr. Little business now remains excepting such as is in an advanced state, necessary to be attended to the present session, except the judicial which will soon be taken up.
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The subject of wages I fear will be a very serious one; from all the letters I receive from Massa. I am apprehensive very ill impressions will be the effect of adopting the report of the committee.2 ALS, Lincoln Papers, MHi. 1 Samuel Adams had written Gerry in support of Melvill on 20 February (ALS, Emmet Collection, NN). 2 The committee report regarding compensation for the President, Vice President, Senators, and Representatives is printed in DHFFC 4:484–85.
Theodore Sedgwick to Pamela Sedgwick How happy should I have been could I this evening enjoy the pleasure of the company of her who is most dear to my soul. retired in my room, without the society of my dear partner, I am now set down to solace myself by a few moments conversation with her. It was my hope and expectation to have recived a letter from you by this post and the more pained am I by the neglect, because in your last I had some reason to fear your health was worse than usual. This apprehension gives me constantly very great uneasiness. How far it was my duty to relinquish domestic enjoyments, and adventure my peace and happiness, to the neglect of the interest of my family on the stormy ocean of politics, I am at a loss to determine. You dearest and best beloved, are perfectly acquainted with the motives which operated on my mind, How far the expectations of my partial friends may be answered time and the measures to be adopted must determine. Certain I am for myself that I have not one sinister wish in my heart to be gratifyed. When I consider [lined out] the circumstances of this country, the immense consequences which may result from the measures now to be adopted, and when I reflect that my voice is to influence in the adoption of those measures, I am astonished that I ever dared to put myself or permit myself to be placed in a station so responsible. If to this is added the idea that I possess a degree of personal influence the oppression at times is an overballance for my spirits, and I almost sink under it. We have here a very goodly number of men who are willing to accept of the offices to be appoint’d under this government, especially if there are competent sallaries to be annexed to them. This city is indeed crouded with the candidates who expect to obtain the means of subsistance under a government, whose adoption they wished for that very end. By this head I have been pestered incessantly ever since I arrived in town. ALS, Sedgwick Family Papers, MHi.
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Henry Sewall to Benjamin Shaw *** The Committee appointed not long since to bring in a report respecting amendments to the constitution, have performed that service, and the draught of their report, is in the enclosed scrap of a Newspaper. These proposed amendments do not vary essentially, and scarcely in form, from those proposed in June last by Mr. Madison. They are of such a general nature, that it is generally thought they will meet the ready approbation of all parties. They must, after passing the legislative forms of Congress, go out to the legislatures of the several adopting states to be approved of by them respectively, before they can become a part of the [Con]stitution. *** ALS, Miscellaneous Manuscripts, MeHi.
Thomas Tudor Tucker to David Humphreys Mr. Smith [S.C.] has communicated to me the Contents of a Letter he receiv’d from you this morning. I am very sensible of the Compliment paid by the President to the Senators & Representatives from South Carolina, &, as far as it respects myself, return him my respectful Acknowledgments for this Mark of his Confidence. But with real Deference I beg Leave to decline undertaking to decide on the comparative Merits of the several Gentlemen who have been named to him. I believe them all to be Men of Worth, & wish what I have taken the Liberty of saying to be regarded merely as Matter of Information. If it has a Tendency to produce any Embarrassment in the Mind of the President, I am extreamly sorry, for it was very remote from my Wish to add to the Number of Difficulties which on this Occasion he must necessarily experience. I am sure he will do that which in his Judgment is right, & no one can have Cause to be in the smallest degree dissatisfied. ALS, Washington Papers, DLC.
Paine Wingate to Jeremy Belknap Your favour of July 18 has been received, and demands of me an acknowledgement for those affectionate expressions of esteem & friendship which it contains. May our mutual love long continue, increase, & be productive of good fruits. The respect which you express for Congress and their doings, reminds me
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of those sentiments of veneration & attachment for government which once were universally prevalent in this country. Perhaps that unbounded confidence in those who steer the political ship may be best as it respects the bulk of the people; but I hope there will alsoways be wise firm & virtuous citizens who will watch the public measures & not be blind to their errors or fail to censure the misdoings of their governors. This & this alone can preserve rational liberty. The lust of power is natural to man & rulers have their imperfections & their vices as well as others. I say not this to disparage that body to which I have the honor to be long. I believe it to consist of worthy sensible & honest men in general & not governed by aspiring or sordid views, but I do not find that vast difference between men that we are ready [to] think there is before some experience & observation of them. The President I think is very justly admired for his consummate prudence & the goodness of his heart manifested in his love to his country. and we may expect every thing from him, which a good President can do. Congress have been rather slow in their progress, but the road they had to travel was new & filled with obstructions. I think when the habits of doing congressional business are more formed we shall be more expeditious. you seem to be surprised at my suggesting an expectation of returning in Sepr. & ask if it is to be an adjournment? I hope so. It appears now to be the prevailing opinion that many good purposes may be answered by our going home for about three months & postponing until we return such business as will admit of delay. What is immediately indispensible I hope by that time will be dispatched. I received the enclosed paper with your letter containing Proposals for printing &c.; I showed it to the vice president & Senators & most of those present subscribed, including the list of names as far as Mr. King. The remaining part of the subscribers are all members of the other house. I conclude that you will be able to assertain their places of abode. Dr. Johnson observed to me that though he should subscribe yet he doubted the expediency or propriety of publishing the whole Journal of Governor [ John] Winthrop1—That he understood from the late governor Trumble [ Jonathan Trumbull, Sr.], there were many things in it of a trivial nature & such as would be injurious to the memory of the Author & wound the feelings of his friends. And that the most valuable parts had already been extracted & published. I mention this only that you may be informed of the Drs. Sentiment, & you will judge & act as you shall think proper. I mentioned the subscription paper to the Postmaster general [Ebenezer Hazard]. He told me that he had subscribed sometime ago & supposed that Mr. [Noah] Webster had obtained all the subscriptions that were to be had among the citizens. I therefore shewed the paper to none but members of Congress. If the small number which I have obtained will be of any service or gratify your wishes I shall be happy in being the instrument. *** The bill which you enquire concerning is I believe
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reported in the house of Representatives [Copyright (and Patents) Bill HR10], but has not yet been taken up & considered in either house The revenue laws have comanded the attention of Congress as most necessary & now the judicial bill will next be attended to. But the shorter bills will soon be passed when the other is out of the way. I am in opinion with you that the public libraries are proper repositories where may be preserved printed papers simular to the journals of Congress which in time may be found in very few hands—At present the journals of the old Congress are so disposed of that there are very few if any setts remaining in the [Confederation Congress] Secretaries office, so that your proposal could not be complied with without a new impression which I hardly think worth while. The new journals might easily be deposited in the manner you mention. The Executives of each state always have the journals & laws sent to them & they are preserved by the respective Secretaries. I think of nothing of nothing remarkable to communicate to you. ALS, Belknap Papers, MHi. For the full text, see Wingate 2:325–26. Part of the omitted text discusses a theological dispute among New England clergymen. 1 John Winthrop (1588–1649) kept a three volume journal during his years as the first governor of the Massachusetts Bay Colony. At the close of the Revolutionary War, the only two known volumes were in the hands of Connecticut Governor Jonathan Trumbull, who died in 1785 before fulfilling his dream of having them published. In May 1789 Belknap declined Noah Webster’s request to serve as editor for the revived project, but he apparently helped market the edition, which Webster published in Hartford in 1790 (Louis Leonard Tucker, Clio’s Consort: Jeremy Belknap and the Founding of the Massachusetts Historical Society [Boston, 1990], pp. 114–15n).
Paine Wingate to Hannah Veazie Wingate As you hear from me every week, it makes no great odds whether I write to you in particular or not. But as I am very punctual in paying my debts; & have had the pleasure of receiving your favour of July 12th, I now take this opportunity of making you my acknowledgements. *** I am very glad to hear that you are in better health than you was; and hope soon to see you in health & happiness. I am very sorry that you should give yourself any anxious thoughts about me, on account on my letters not coming to hand as usual; Nor would I have you think that you give me any trouble in forwarding your Letters or information. I assure you that it affords me peculiar pleasure at any time to serve my friends. And none should I serve more chearfully than you. *** Lady Washington lately took Mrs. [Elizabeth] Langdon into her coach with six horses & rode out with her [lined out] which is a high compliment paid to her. The President is so far recoverd that he has rode out, & again
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attends his levee & receives company. If you should come your proposed journey to New York, I will introduce you to the President & his lady. There has been lately a mighty convulsion here lately on account of the coppers. We abound with them in this place & they were gennerally light & bad. On a sudden the merchants refused to take them at more than half & some at more than one third what they had passed at.1 At Philadelphia I hear they have fared much in the same manner. I do not suppose that it will affect ours at the northward which are generally good. I still enjoy my health. ALS, Dearborn Collection, MH. The letter is addressed to “My dear friend.” 1 Copper pennies were the smallest form of hard currency. Their value fluctuated over time and according to locale. A New York shilling ranged in worth from thirty coppers in nearby Trenton to fifteen in Philadelphia and New England, averaging twenty coppers in New York City itself, where eight shillings equaled a dollar. In a letter to Benjamin Shaw written on this day from New York, Henry Sewall also described this “revolution” against the “prodigious quantities of copper coin which have been pouring in here from the eastward for more than a year past.” On 20 July, the New York Common Council devalued the copper coins from 20 to 48 per shilling; over the following weeks, their value fell again to sixty pennies per shilling, wrote Sewall, “and now they are refused altogether” (NYDA, 21 July; ALS, Miscellaneous Manuscript Collection, MeHi; Frank Monaghan and Marvin Lowenthal, This Was New York: The Nation’s Capital in 1789 [Garden City, N.Y., 1943], pp. 3–4).
Letter from Providence, Rhode Island The state of North Carolina will most assuredly adopt the new general government, at the meeting of their convention. This state then, unless we should previously accede thereto, must remain to the other states and the world at large, a spectacle of reproach and derision—a by word among the nations! In the ports of the union we shall be considered as foreigners, and our commerce subjected to like duties with theirs. If this should not operate to reclaim, those ports will undoubtedly be shut against us. Our trade, agriculture and manufactures, must languish, and poverty and wretchedness be our inevitable portion. Can we long exist as a commercial people, after being denied entrance into the ports of the union? Does our soil produce the bread we consume? Are the inhabitants of this small state the only lovers of liberty? Can it be supposed that here; and here only, wisdom, virtue and patriotism, have taken up their favorite abode? Let us rather confess that the state is shamefully rent by party and faction, and that too many of us are fondly attached to a depreciating destructive paper money bubble! Would to heaven I possessed the persuasive eloquence of Cicero, and the irresistible powers of Demosthenes. I would remind my fellow citizens of the former exalted character of this state, and contrast it with the present. I
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would exhort them to banish from their minds every particle of rancor and prejudice, which the fell demon of discord has diseminated. I would conjure them, by that reverence due to the opinions of a Washington, a Franklin, an Adams, and a long list of distinguished worthies—by the remembrance of that blood so freely mingled in the late glorious contest—by every thing dear and sacred among men—to abandon the present disgraceful system of policy, and to unite in a request for convening our legislature, in order that one more effort may be made for the adoption of a government, “the traits of which are power with responsibility, and liberty without licentiousness?” and which, under God, would ere long make us a flourishing and happy people. NYDA, 13 August.
Other Documents
George Davis to George Washington. ALS, Washington Papers, DLC. Written from Trenton, New Jersey. For the full text, see PGW 3:367. Office seeking: marshal or sheriff in New Jersey; mentions Morris, Paterson, Read, Bassett, Cadwalader, Clymer, and Fitzsimons as references. Thomas Hartley to George Washington. ALS, Washington Papers, DLC. For the full text, see PGW 3:357–58. The letter was written “Saturday Night” but misdated “July 31st.” Results of inquiries he has made on behalf of Washington’s efforts to procure mares in York and Lancaster counties, Pennsylvania. Subsequent correspondence between Hartley and Washington, leading up to the purchase and delivery of twenty mares to Mount Vernon in March 1790, is summarized in PGW 4:109–12. The letters are: Washington to Hartley, 29 September, 20 November 1789 and 16 January 1790; and Hartley to Washington, 6 October, 2 and 4 December 1789, 22 February and 15 March 1790 (all in Washington Papers, DLC). William Imlay to George Washington. ALS, Washington Papers, DLC. Written from Hartford, Connecticut. For the full text, see PGW 3:368. Office seeking: continue as commissioner of loans for Connecticut; includes a recommendation from Wadsworth. Theodore Sedgwick to Samuel Henshaw. No copy known; acknowledged in Henshaw to Sedgwick, 14 August; “you mention that the nomination to offices would be made to the Senate the Monday following.”
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Sunday, 2 August 1789 Warm (Johnson)
Erkuries Beatty to Josiah Harmar The impost bill which was to have commenced its operations yesterday, has not for want of the Collection Bill which appertains to it & the appointment of the Officers, taken place, so it will be happy for the Vessells that arrive in the course of a few days as all duties are at Present are subsided—the Collection bill is passed & beleive signed by the President on friday last, & hear that the President gave in his Nomination to to the Senate for the Officers the same day, but was too late to be taken up, & yesterday they did not sit suppose they will all take place tomorrow, & the Law begin its operations as soon as possible in each port. Genl. [ John] Lamb is nominated to be collector here & Col. [Benjamin] Walker Naval Officer, the same old Surveyor [ John Lasher] continues—In Philadelphia, Sharp Delaney is nominated for Collector & Majr. [William] McPherson Surveyor—Who will be the Naval Officer is uncertain—It rests between Dr. [Frederick] Phile & Colo. [Christian] Febiger, the latter I rather think will succeed—The Bill for the treasury department has been returned by the Senate for amendments, which is that the Secretary of the treasury shall not be removable by the Presidents sole power—This Bill however must soon be got through with some how or other as his Office is immediately necessary—Some people pretend to say that Col. Hamilton is Nominated for Secry. of the treasury, beleive it is yet only Surmise, altho’ it is generally beleived he will be the person—On this person rests all our hopes—If he is a person well acquainted with the resources of our Country, con[s]iderable influence & enters into his Office with Spirit no doubt but he will soon put the finances on a respectable footing, & be able to immediately releive our present necessities—I foresaw that our present application application would be attended with numerous difficulties & delay from unavoidable causes, & am afraid that the patience of the Regt.1 is nearly exausted—The consolation must be that our sufferings is nearly at an end, that we need not look so long again for justice, but every thing will move along with punctuallity—& were I indulged to say to any thing for myself, it would be to convince the Regimt. that I have, & still continue to do every thing in my power to expedite the Interests of us all. Three or four weeks may yet elapse before I can get under way, cannot suffer myself to think it will be longer, however all things is doubtfull. Major [ John P.] Wyllys is gone to connecticutt with him & perhaps some more of the Officers I expect to return to the Westward, which
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will be a pretty good safe guard—I heard the Major say nothing at present can be done respecting recruiting the Jersey or N. York quota of troops2— Capt. [ John] Mercer has been in this City some time, what doing I do not know. Last Tuesday Majr. Wyllys & myself had the honor of attending the Presidents levee, which was the first since his recovery—& last friday was the first entertainment he has given since his arrival here which was to all the Members of Congress southard of Pennsylvania & other Public Officers in the City—there was a very large Company. ALS, Harmar Papers, MiU-C. Addressed to Ohio River. 1 The single regiment of infantry that, together with a battalion of artillery, made up the 700-man federal army authorized by Congress on 3 October 1787 and distributed among a string of forts along the Ohio and Wabash rivers ( JCC 33:602–3). 2 Under the Confederation’s military establishment then still in force, New York and New Jersey were required to furnish 165 and 110 soldiers respectively ( JCC 33:603).
Benjamin Goodhue to Stephen Goodhue The nominations will probably be made tomorrow, and as several will be dissappointed and perhaps feel a little sore I wish you would take a little trouble if you hear of any hard sayings to abate their virulence, for as the President has all along declared he will make it a rule to nominate the State Officers, I mean the principal ones, this rule insures Mr. [ Joseph] Hiller, and Mr. [William] Pickman has been recommended by the Vice President in and through Judge [Nathaniel P.] Sergent as well as others that pretty well insures him, so that the only Office which I could be said to be influential in, in any considerable degree if it should take place is that of surveyor, and I expect that my neighbour [ John Foster] Williams will grumble that he is not appointed, had he not been so lame and infirm I beleive I should have pushed him, but when I considered the duty of this Officer required his being constantly on the wharf and on board Vessels I did not see how he could accomplish it, and therefore as well as for other reasons I mentioned the name of Capt. [Bartholomew] Putnam—he depended I suppose upon the influence of Doctr. [Samuel] Holten which I suppose will be not much, the names of all the applicants have been frequently mentioned and I have always spoken of them in respectable terms as I could and said I did not doubt they would all make good Officers—Capt. Williams was always at me to promise him my particular interest. I always told him I would not oppose him—please to deliver the inclosed letters—I know not who will be nominated but I feel disagreably for fear fault will be found.
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[P. S.] I find a great majority are for adjourning by the begining of next month. ALS, Goodhue Family Papers, MSaE. Addressed to Salem, Massachusetts.
Samuel Henshaw to Thomas Melvill I returned from New York last week after having spent about ten days there very agreeably—The collecting Bill was not then finished, but probably is by this time—I have handed in to a Comm[itt]ee. of the Senate who had the Bill in charge, a number of additions & amendments—I have urged the abolition of custom House oaths and the Commee. have agreed to report that they be stricken out of the Bill—I have prepared enacting clauses empowering the Collectors naval officers & surveyors to deputize persons to do their duty in case of sickness, or necessary absence, and have added many other things which were not provided for in the Bill; & had the pleasure to receive the thanks of many of the members with their wishes that I had been there a fortnight sooner. *** ALS, Lemuel Shaw Papers, MHi. Written from Northampton, Massachusetts. The omitted text speculates on federal revenue appointments.
George Washington to Richard Henry Lee The extreme hurry in which I have been thrown for several days, to compare the merits & pretensions of the several applicants for appointments, under the Revenue Law (in order that the nominations might speedily follow the passage of the Collection Bill) has prevented my acknowledging the Receipt of your favor of the 27th. Ulto. until this time. Mr. Charles Lee will certainly be brot. forward as Collector of the Port of Alexandria—but for the reason you have assigned, & from a persuation that Mr. Tho. Lee is under a mistake with respect to the supposed emoluments of the Office at Dumfries, I think it would be best that [Richard M.] Scott should go there; which will give poor [Samuel] Hanson (who is worthy of something better if with propriety it could be given to him) the Surveyorship at Alexandria. As I am perfectly unacquainted with the Port of Yeocomico and with the characters living there, I would thank you for naming a fit person as a Collector for that District by the bearer, or by ten Oclock a.m. tomorrow. I thought you looked badly the other day, but not having heard of your
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indisposition I said nothing. I hope your health is quite restored—I am unable to sit yet without (soft) Cushings but have assurances from the Doctors that in a few days more I may expect to be relieved from this inconvenience.1 ALS, Lee Family Papers, PPAmP. 1 An editor, probably R. H. Lee, Jr., bracketed this last sentence and noted it “need not be copied.”
Other Documents
John Langdon to John Sullivan. No copy known; acknowledged in Sullivan to Langdon, 18 August. Woodbury Langdon to John Langdon. Summary of ALS, Argosy Book Store Catalog 524(ca. 1965):item 277. Written from Portsmouth, New Hampshire. “Complains that British vessels are ‘constantly coming here; one of them has purchas’d & will carry from hence 800 Bushells Indian Corn notwithstanding it is so scarce.’” James Madison to Wilson Cary Nicholas. ALS, American Manuscripts, NNPM. For the full text, see PJM 12:320–21. Encloses additional sheets of the printed House Journal; “commercial bills” were long delayed; consideration of the Judiciary Bill is next: many of the difficulties left in it by the Senate will be addressed by the House; “The utmost that can be hoped will be to avoid in the first essay fundam[en]tal and obnoxious errors. Time alone and the aid of the Judges after some little experience, will be able to render the system tolerably correct”; progress and potential for Amendments to the Constitution; has “confidence that something will be effected.” George Thatcher to Sarah Thatcher. ALS, Thatcher Family Papers, MHi. Thinks she has been too “closely engaged in Business” to write him often; and is trying to finish it to “be at leisure to wait upon your dear husband on his return—Now I shall want a great deal of attention & waiting upon when I return”; regulations for raising Phillips and philosophy of education; counters her arguments against meeting him en route home because of its expense. George Turner to James Madison. ALS, Madison Papers, DLC. Written from Philadelphia. For the full text, see PJM 12:321–22. Office seeking: discusses options suggested by Madison; has lately received a letter of additional encouragement from “my friend” Burke, to whom Turner writes by the same post.
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John Walker to James Madison. ALS, Gratz Collection, PHi. Written from “Belvoir,” in Albemarle County, Virginia. Local weather and crops; “all the lovers of liberty & mankind” must rejoice at the President’s recovery; “Present me to my good friend Mr. Page; & tell him ’tis long since I had the pleasure of hearing from him.” Paine Wingate to Samuel Lane. No copy known; acknowledged in Lane to Wingate, [14 August]; discusses Washington. Intelligence from New York. [Boston] Massachusetts Centinel, 8 August; reprinted at Portland, Maine; Exeter, New Hampshire; and Worcester, Massachusetts. The nominations for revenue offices “will be handed in to the Senate tomorrow”; the Treasury Bill [HR-9] has passed the Senate: “the clause respecting vacancies, which may happen in consequence of removals by the President, is left out—I suppose it is considered as unnecessary, as the principle is recognized in the Bill establishing the Department of Foreign Affairs” [HR-8]; Congress will probably recess about 1 September; the Judiciary Bill [S-1] is expected to be taken up in the House tomorrow; the Coasting Bill [HR-16] is long and “not near finished” despite almost a week of debate; those already holding revenue offices in the states will be continued.
Monday, 3 August 1789 Much rain (Johnson)
Fisher Ames to James Lovell, Jr. Your filial heart will exult on learning that your worthy father is nominated [lined out] Naval officer which the knowing ones say is the better office of the two—I congratulate You upon it. Genl. [Benjamin] Lincoln is appointed Collector I am happy that he finds an Asylum from persecution and Adversity. I write execrably—Excuse it your letters in a worse hand would be very acceptable. But you are so occupied with business, or the wood Nymphs— the Hamadryades of Dedham that you cannot favour me with a line. I should rejoice to hear that you have found July Court productive—You have finished it, I suppose—[Thomas] Melvil is to be Surveyor which I forgot to mention in it’s place—The leading principle was to appoint those in place, if not exceptionable.
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We have a fine season, frequent rains—Every body tells of great crops— I hope nature is equally propitious in our State. *** ALS, Miscellaneous Vertical File, MdHi. The omitted text relates to state politics.
Fisher Ames to Theophilus Parsons I think it will not be unacceptable to you to peruse the bill reported in the Senate for the punishment of crimes; and therefore I enclose it. You will be gratified to hear that our excellent friend, General [Benjamin] Lincoln, is nominated to the Collector’s office in Boston. Every good man in Massachusetts will be gratified. The Judiciary Bill has not been debated in the House. It is proposed to clear the table of some other business that is unfinished, in order to pay uninterrupted attention to that great subject. The District Judge should be a very respectable man. In order to make his office respectable, and to bring justice as much as possible to men’s doors, would it not be proper to empower him to hold two of his four stated courts where he may think proper, and to extend his jurisdiction to all cases not capital, and to give the Circuit Court a concurrent original jurisdiction? Narrowing his jurisdiction will tend to degrade him. Haste will not allow me to enlarge; it is unnecessary to you, for I think your inquiring mind has long ago suggested every idea that I could present. It will be attempted to exclude the Federal courts from original jurisdiction, and to restrain them to the cognizance of appeals from the State courts. I think the attempt will fail. Theophilus Parsons, Jr., Memoir of Theophilus Parsons (Boston, 1859), pp. 466–67.
John Brown to Harry Innes *** Inclosed herewith I send you the Acts of Congress so far as they have been printed. also the Bill establishing Judicial Courts as it which has passed the Senate—You will observe that it has undergone several alterations since first printed for consideration & I expect it will undergo many more before it passes the House of Representatives. It is to be followed by two other Bills one regulating the fees mode of Practice &c. the other establishing a Criminal Code &c. The Subject of Amendments to the Constitution was [referred?] to a Committee consisting of a Member from each [State E]nclosed you will
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find their report which I expect [will be?] agree’d to by the House of Representatives [withou]t any great alteration. [To]morrow Nominations are to be sent from the [Presi]dent to the Senate for Secretary at War [Foreig]n Affairs & for all the Officers of the Revenue [The nu]mber of Applications is astonishing & a croud of [ex]pectants is now in this City waiting in the utmost uncertainty; for such has been the prudence & reserve which the President has observed upon this Occasion that as yet his Sentiments were not known relative to the pretensions of any one Candidate are not known even by his most intimate friends. Mr. [Don Diego] Gardoqui has notified the President of his intention immediately to return to Spain having recd. Letters of recall. ’tis now probable that no further Treaty relative to the Navigation of the Mississipi will be entered upon in any short time. G. sais if Congress wish for a Treaty with his Court, they must expect to make it in Spain. A Secretary for foreign Affairs will [be] appointed tomorrow & I shall shortly know whether [the?] conjecture expressed to you in my last was wr[ong?]. *** ALS, Innes Papers, DLC. Addressed to Danville, Kentucky. Brown indicated in part of the omitted text that he had written Innes by every post since his arrival in New York.
Edward Carrington to James Madison Since mine of the 30th. Ult., I have been honored with yours of the 20th. & 22d. I am disappointed in the Issue of the Tonage Bill—it is however to be hoped that G.B. will, from what has happened, take some alarm & adopt such a policy as will leave it unnecessary to agitate a question of discrimination amongst foreign Nations again—she is apprised of the natural advantages we possess over her, and will expect us to discover how to use them. Our Friend Grayson has given me a Sketch of the Judiciary system as projected in the Senate. It is very different from what I had formed in my own mind, and I beleive will not be much opposed approved of. This is a great subject of which I will not pretend to a Competent Judgment, seeing however that it would produce much variety of sentiment, I have employed some thoughts upon it—the result of my reflections, is, that the State Courts, where they are well established might be adopted as the inferior Federal Courts, except as to Maritime business—Indeed it appears to me that institute as many inferior Federal Courts as you will, those of the States will, from the Constitution which injoins upon them an Observance of of the federal Laws, have concurrent jurisdiction with the former, and that appeals to the supreme Court will alike lie from each. If this idea is right why not leave the whole of the business with the State Courts under such regu-
3 AUGUST 1789
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lations, as to appeals, as may be found well? such an arrangement would save immense expence; & would ocasion little innovation in the antient forms of Judicial proceedings amongst the people, and would also, without difficulty, accommodate jury trials in matters of fact, to the wishes of each state, as every one would retain its own usage. as to amenability for the federal duties in the State Judges, if the constitution fixes on them these duties, or if they must of course be responsible to the same authority for a faithful discharge of them in such way as the Govr. shall by Law direct. I do not apprehend that the extraordinary Act of Virga.1 will interfere with the operation of a plan thus founded. If the duties vest as I suggest, no act of the State, which does not annihillate its judiciary establishment, can affect them; the Act alluded to however only prohibits the acceptance of individual appointments, which are not necessary for the adoption of the State Courts into the federal system. at the same time this plan presents itself to my mind as the best, I would yet have Congress provide for separate appointments of inferior Courts in States who may not have good establishments for themselves. In Rhode Island were she in the Union there might be a necessity for such a partial provision. These Ideas may not be correct they however occur to me, and I have taken the liberty to submit them to your judgement. ALS, Madison Papers, DLC. Written from Richmond, Virginia; postmarked 6 August. 1 Virginia’s act “to disable certain officers under the continental governments from holding offices under the authority of this commonwealth,” was signed on 8 December 1788 (PJM 11:338n).
Thomas Dwight to Theodore Sedgwick The salvation of our national credit is Expected from the operations of the Impost act which now takes place—my only fears are, that from fraud and evasion it will be but partially carried into effect—a coast of such amazing extent & great numbers of navigable rivers afford the contraband traders too great advantages not to be improved and the only security we can have against these caterpillars is by rendering their conduct utterly disreputable with the great body of the people—whether this be practicable may be doubted—altho one would suppose that there can scarce be a simpleton among the people, so simple as not to discover that the exact & punctual collection of monies in this way is their only security against odious land & poll taxes & that when the revenue is defrauded, they are to be the sufferers, yet we do find great numbers as stubbornly unsusceptible to all reasonings of this kind as the rocks & trees. When [lined out] ignorant men do but faintly
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imbibe prejudices it is a task arduous enough to root them out, but when those prejudices have been confirmed by long habit, the difficulty in removing them is almost insurmountable—You are sensible Sir, that previous to the late revolution—to defraud and overreach a revenue officer was highly meritorious in this Country, The Hero was publickly commended— his conduct received the sanction not of the mob only, but had the most cordial winks of approbation from men of Eminence. Since the revolution, Imposts & excises in the different States, especially in this, have operated so partially and locally on trade, and have so openly loaded the citizens of one State with duties which they saw the citizens of another did not feel, that they have almost uniformly been deemed unjust hence the habit of defrauding the revenue by evading its laws has been continued, so that we daily see many articles retailed at a less price than the sum of the duty on them. I cannot but fear, that it will at least take a length of time to lead the publick mind into a proper just train of thinking on the subject—and until this takes place the revenue may be much smaller than is necessary. Would it not answer a good purpose to render every man who should be proved to have defrauded the publick revenue, incapable of holding any office whatever under the United States? *** Ashmun1 was here from Stockbridge about three days since—he left Mrs. Sedgwick & the little ones in perfect health. *** ALS, Sedgwick Family Papers, MHi. Written from Springfield, Massachusetts. Part of the omitted text reports an abundant local harvest. 1 Probably a Stockbridge Mohican from a Christianized tribe centered at Stockbridge. John and Justus Ashmun of Blandford, Massachusetts, were listed in the 1790 census.
Samuel Griffin to Samuel Beall *** Poor [William] Finnie was in great expectations while he remaind here, of being Immediatly appointd Serjeant at Arms, to the Senate, and I still have no doubt of his Success, whenever the appointment shall be made, tho I fear it will not take place, in the course of this Session. I beleive the whole of the appointments in the Customs will be taken from those which were made by the different State Legislatures, a few excepted— the President has put his Signature to the Collectors bill, & we expect the Nominations will go up to the Senate To-Morrow so that the Officers for the different ports will soon be known.
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What is your Opinion of the Amendments reportd by a Committee of our House. Congress will certainly adjourn in all September, if it should be a long adjournment, to wit untill April, as many of the Members wish, I shall certainly pass the Winter with my family in Virginia, if only untill the first of Decr. as other Members wish. then I shall leave my family here, & pass October & Novr. in or about Wmsburg. *** ALS, Beall-Booth Family Papers, Filson Club, Louisville, Kentucky. Addressed to Williamsburg, Virginia. Part of the omitted text states that Griffin employed the services of Dr. Bard for his family. This was probably Dr. Samuel Bard, rather than his father, Dr. John Bard (DHFFC 9:470n).
Samuel Griffin to Tobias Lear When I gave in my list of Applications to the President, I forgot to mention the Name of the Man who is Searcher at Rockets1 at present—he is an old Man, has allways been thought a very good Officer, and I think his Name is John Hague. he carries on a profitable trade in the retail way. and I doubt whether he would Accept of the Appointment, or if he would I have my doubts, whether he is equal to the duties of a Surveyor. [David] Lambert, & [Alexander] McRoberts both reside in Richmond, I would prefer Mr. Lambert on accot. of his Activity & Industry. they are both well acquainted with business, have been brought up in the Mercantile line, and would I am confident, either of them make good Surveyors. P. S. Mr. Hague is between 60 & 70 years old, a Foreigner, and I have allways understood a very illiterate Man, tho as a drudge a good Officer. he resides at Rockets & I believe would be satisfyd with an Inspectors Place. ALS, Washington Papers, DLC. 1
Rockets Landing was the location of Richmond, Virginia’s public wharf.
Samuel Griffin to Tobias Lear Since my answer to your letter this Morning, I have seen Mr. [William] Graves, the present Searcher at Norfolk, & Capt. [Christopher] Roane Searcher at City point. they are both of Opinion that Mr. [ John] Hague is by no means equal to the Office of a Surveyor. both, on Account of age, and want of understanding, the Office of Inspector at Rockets, where he lives, would I am
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convinced, fully answer his expectations and I believe his wishes, as he owns two or three Small Vessells, and would in all probability prefer an Inferior post with the privelage of continueing his trade—I am not certain whether I mentioned Gravess Name to the President, he & Roane are two of the best Searchers in the State of Virginia. [P. S.] Graves Arrivd last night, & tells me that C[olonel] Parker informd him, that he had not nominated him, which makes him anxious to know whether I had done it. ALS, Washington Papers, DLC.
Daniel Hiester to James Hamilton When I returned from Reading a few days ago I recd. Your favour of the 10 Ulto. acknowledging the receipt of the report of the Committee of Senate on the Judiciary System. Your wish that the Federal Court might be held more central is a just one. and I intended, even before I recd. Your Letter, to have moved that it shod. be held alternately at Philadelphia and Carlisle, but it has been suggested that Your County does not adjoin another State, consequently could itself have but little business. Colo. Hartley intends to Propose York, and assures me it will be perfectly agreeable to the Law Gentlemen of your place—Your Petition1 on this subject, I recd. by the last Saturdays post, and as the bill is come from the Senate, and to be taken up in our House this day—it has come in good time, and shall do my self the honor of presenting it this morning—The Senate have made great alterations in the bill from what it was Reported, yet the principles are preserved. For news I must refer You to the enclosed Papers. Mr. [Francis] Childs, one of the Printers here, who used to take the debates in shorthand, has been made an Assemblyman, since that we get very few of them in the News Papers. The Collection Law is Passed, and was returned by the President last Friday. The Appointments of the Port officers will begin this day, and as the Senate approve or disapprove by ballot, I think they will soon be made. I believe I may Assure You, that an Adjournment of Congress will take Place, some say in the beginning, but I think in the middle of September— there is great doubts whether Congress will sit in any other Place than New York till the Permanent Seat is fixed, and that I believe will be Agitated before the Adjournment. ALS, Cumberland County Historical Society, Carlisle, Pennsylvania. Addressed to Carlisle. 1 The petition of the Freeholders of Cumberland County, Pennsylvania; see DHFFC 8:184.
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Benjamin Huntington to William Imlay Am happy in being under no embarrassment in saying that I never heard the least possible dissatisfaction expressed by any person whatever, respecting your conduct in the office you have long held under the late Congress,1 and freely declare I have a hearty desire, and I believe it to be the universal wish of the people of Connecticut, that you be continued in, or receive an appointment de novo in the office under the New Constitution, which will answer or supply the place of your present office, which will expire on the new establishment of the Treasury department, and which department is yet unsettled. [Hartford] Connecticut Courant, 13 September 1790. Huntington’s testimonial was printed as part of a letter signed “A Freeman,” defending Imlay’s reappointment as commissioner of loans for Connecticut against charges raised by “A Farmer” in the [New Haven] Connecticut Journal, 8 September 1790. Among the charges refuted was that Imlay had been appointed “to enable him to reimburse the Money which he owes to one of our Representatives in Congress.” The Representative was not named. Huntington’s recommendation may have been submitted with others that Imlay is known to have furnished Washington on 14 and 16 September. Wadsworth also wrote a letter of support which Imlay forwarded on 1 August; it has not been located (PGW 3:368n). 1
Commissioner of the loan office for Connecticut.
John Langdon to Joseph Whipple Your favir of the 24th. Ulto. I’ve Recd. but I’ve not time now to Answer particularly I now have the pleasure of Informg. you that a few hours since, you were appointed Collector, Mr. [Eleazer] Russell Naval Officer and Capt. [Thomas] Martin Serveyor for our port I hope this will be Agreable. the Commissions will go on immediately—The Act. for Collectg. of the Revennue also will gone go on, this Act. gives the Collector power to Appoint Gaugers Weighers, Measurers, Inspectors &c., and many other powers which will be by and by important I wish you to Remember. Capt. T[imothy]. Mountford, Capt. Edmd. Coffin—and John Furnald in some of those departments if agreable Mr. W[illiam]. Hart will no doubt be one—I hope to See you in September. ALS, Sturgis Family Papers, MH. Addressed to Portsmouth, New Hampshire.
Woodbury Langdon to John Langdon I wrote you the last Post to which please to be referred, this is only to say that as your Vessell is not arrived and mine will not arrive untill the last of
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this Month I wish the impost Bill may not operate untill sometime next Month by which time perhaps the whole Systim will be ready which will be necessary. I hope Mr. [ John] Pickering will be attended to as the District Judge. ALS, Langdon Papers, NhPoA. Written from Portsmouth, New Hampshire.
Samuel Sherburne to John Langdon Having for more than a month past been absent from town except sundays—I have not been able to afford myself the pleasure of conversing with you—tho’ I have in that interval often inquired at the office for intelligence from you but have been as often disappointed—Our expectations are on tiptoe for the competion of your Revenue system, some are impatient for the commencement of it’s operation, others as anxious for its postponement, our friend Mr. [ Jonathan] Warner has long been expecting his ship with salt, a difference of £300 depends on the moment of her arrival—your judicial act is an object of great speculation, our being made a half shire gave much offence to some of our high spirits but I am told it is altered1—several are talked off here as suitable for marshal, Gen. [ Joseph] Cilley is mentioned by many, the choice I know will depend altogether on you, & your judgment will certainly direct you to a proper one—shd. my wishes be consulted I would name my kinsman Col. S. S.2 our father wd. be highly gratified by it, & the merit wd. be your own—there is one person whom you thoroughly know & who is noted for his adorations of the rising, & his contempt of the setting sun, that I most devoutly pray may not have it or any other office—for heavens sake look back & keep in view first principles—Can you venture to intrust me with your suspicions of who will be our district Judge, I am persuaded you will think no man more suitable then my much revered & beloved friend Judge Livermore, if he shd. not be placed on a higher seat, which ought & I hope will be the case—Let me know all the news as it turns up, I am often questioned, & my ability to gratify the idle & the curious gives me consequence with the quid-nuncs—Make my gratulations to Mr. King on his recent appointment, considering him as a stranger in N. York & a Yankee too he has recvd. higher honors than any other American. Before the recpt. of this you will probably been joined by Mr. Foster, who was elected by a great majority of those towns whose votes were returned, more than one third of the Towns made no returns whatever. ***
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ALS, Langdon Papers, NhPoA. Written from Portsmouth, New Hampshire. 1 The first draft of the Judiciary Bill [S-1] made New Hampshire and the Maine District of Massachusetts one federal court district. 2 Perhaps a reference to himself.
William Smith (Md.) to Otho H. Williams *** No arrangments has yet been made relative to the troops in the Western Country, nor do I expect there will before the great departments are filled which I suppose is not very distant. I will take care to give you the earliest information on that head. The appointments of the revenue officers will be made to day on meeting of the senate, I am inclined to think Mr. [Robert] Purviance will be assosiated with you as Naval officer; the President has spoke of him with compassion, & seems to wish he may be provided for. I intend to wait on him this morning at 9 oClock, but I cannot prevail on my self to interfere in favor of Colo. [ Josias Carvil] Hall, who I sincerly wish had that office, the president has expressd a wish to see some of the Maryland delegates in this business & before he makes the nominations; had you been here & expressed a wish to have had Colo. Hall assosiated with you in the office, I am persuaded he would have been in the appointment. The Surveyors office I think under the present law will be as lucrative as the other & I think would suit Purviances turn better; however he has by his long Stay here, & his distressed situation, taking into the Accot. his large family excited the compassion of many of the members, who seem favorably disposed towards him; [lined out] for the above reasons, & I conclude will Second his application for the other office. Colo. Hall I suppose would not accept the Surveyors office, therefore if he is not named for the other, I will not let his name be mentioned for that. I will let you know on Wednesday who fills the several offices—I have not time to write to Colo. Hall this morning—you may tell him That his chance of Succeeding is not promising. ALS, Williams Papers, MdHi. Addressed to Baltimore. The omitted text discusses Smith’s efforts to recover a debt owed by the French crown, by directing his agent in France to apply for a draft on the United States.
Letter from One of the Eastern States I perceive by the proceedings of Congress, that the house are about to take up the subject of amendments to the constitution—This, if true, will be considered by the friends to federal measures, as a stretch of complaisance at
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the expence of the interest of the United States. I never yet met with a sticker for amendments who entertained an idea that this business would come upon the carpet, so long as Congress had any thing to do, that was essential to the organization of the government. Many persons are seriously alarmed at this appearance, who have hitherto repressed every repining thought, at the slowness with which public business has progressed—supposing that nothing would divert Congress from the steady pursuit of those objects on which the hopes of every friend to the Union are founded, till every department of government was established and compleated, and the system put in full operation. GUS, 15 August; reprinted at Norwich, Connecticut.
Other Documents
Josiah Burr to Jeremiah Wadsworth. ALS, Wadsworth Papers, CtHi. Written from New Haven, Connecticut. Hezekiah Wetmore, former deputy paymaster general, has applied for office; if Washington were aware of Wetmore’s financial distress, he might be sympathetic. Samuel A. Otis to Joseph Otis. ALS, Otis Family Papers, NNC. Has got Joseph appointed collector at Barnstable, Massachusetts; tried to get Yarmouth designated a port of delivery, “but I was too late. If this or any other manifest inconvenience takes place in operation of the bill you will point them out of course”; doubts the office will prove lucrative, but a bill regulating coasting trade will soon pass, “which may increase the business”; believes that a bankruptcy law “will soon be perfected for the purpose of relief to unfortunate Persons”; list of appointments for Massachusetts; warns his brother against any misuse of public money. Theodore Sedgwick to Benjamin Lincoln. Transcript of ALS given to the Boston Custom House in 1890, Lincoln Papers, MHi. Congratulations on Lincoln’s appointment as collector; “This day a motion was made to appoint a committee to determine when a recess would take place, I hope it will not be further distant than sometime in September.” Jeremiah Wadsworth to John Adams. Reply card, Hull Collection, DSI. Accepts dinner invitation for next Friday, 7 August. Robert Lewis, Diary. ViMtvL. Delivered dispatches to Sumter to be forwarded to the executives of South Carolina and Georgia.
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Henry Sewall, Diary. MHi. Revenue appointments became public in the evening. Letter from New York. [Pennsylvania] Pittsburgh Gazette, 22 August. Scott was probably the author of this letter. Believes an adjournment will occur next month and that revenue appointments will “be chiefly made this day and to-morrow.”
Tuesday, 4 August 1789 Rain (Johnson)
Oliver Ellsworth to Richard Law I thank you for two letters recd. since my late return from Connecticut. And am glad to find your opinion favourable towards the judiciary bill, which has been the result of much deliberation in the Senate. To annex to State Courts jurisdictions which they had not before, as of admiralty cases, & perhaps of offences against the United States, would be constituting the Judges of them, protanto,1 federal Judges, & of course they would continue such during good behaviour & on fixed saleries, which in many cases, would illy comport with their present tenures of office. Besides if the State Courts as such could take cognizance of those offences, it might not be safe for the general government to put the trial & punishment of them entirely out of its own hands. One federal Judge at least, resident in each State, appears unavoidable. And without creating any more, or much enhancing the expence, there may be circuit courts, which would give system to the department, uniformity to the proceedings, settle many cases in the States that would otherwise go to the Supreme Court, & provide for the higher grade of offences. Without this arrangment there must be many appeals or writs of error from the supreme courts of the States, which by placing them in a Subordinate scituation, & Subjecting their decissions to frequent reversals, would probably more hurt their feelings & their influence, then to divide the ground with them at first & leave it optional with the parties entitled to federal jurisdiction, where the causes are of considerable magnitude to take their remedy in which line of courts they pleased. I consider a proper arrangement of the judiciary, however difficult to establish, among the best securities the government will have, & question much if any will be found at once more economical, systematic & efficient than the one under consideration. Its fate in the house of Representatives or in the opinion of the publick, I cannot determine. But being, after a long investigation, satisfied in
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my own mind of its expediency I have not hesitated, nor shall I, to give it the little support in my power. As to the district court in Connecticut I should be well satisfied with its setting alternately at New Haven & New London. Mr. Sherman will inform you that the import laws are compleated & the appointments made, & give you any further information of congressional proceedings which you may desire. With compliments to your bretheren of the court, for I may not call them mine, & wishing you all an agreeable circuit, & a safe & reasonable return to your families. Transcript of ALS, Ernst Law Papers, CtHi. 1
To that extent.
Benjamin Huntington to Gordon Huntington Yours of the 27th of July has been Recd. and the Contents Observed I hope we are in a good way and that my Debts will all be paid within a few Months The Duty Acts are now begining to opperate & I hope to Receive some Pay for my Service but what it will be is not yet known There is so much Talk in the Country about the Report of the Committee for six Dollars % Day that I Expect it will not be more than five, whatever it is must be Accepted with Patience but People ought to Consider that we give up all Business and all Prospects beside the Service of the United States and in Case they do not sit more than two or three Months in a Year as is Expected will be the Case our Sacrifice at home by leaving all other Business will be poorly Compensated for; Especially Profesional Men who will be wholly Defeated in their Practice at home by being gone in the best Part of the Year for their Business as Lawyers &c. I have been a Slave to the Public these 24 Years Passd., and should now have been perfecly Poor, if I had not used the utmost Œconomy in my house and if I am worth any thing it is not the Public Bounty as I have no Right Reason to Doubt but a Steady Practice in the Law would have been much more for my Interest than the Business I have Done. I hope to be at home in about six Weeks but cannot Probably be Allowed my full Pay at Congress by that Time but it will be good Pay at some Time or other & then I hope to put the Shop in better Business than at Present. *** ALS, Benjamin Huntington Letters, CtHi. Addressed to Norwich, Connecticut; carried by Capt. Culver. The omitted text relates in part to the ill health of Anne Huntington, wife and mother respectively of the correspondents.
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John Langdon to Joshua Brackett Your favor of the 26th. I’ve Just Received I wish it had Come one day sooner as it would have made some Alteration but the Nominations were made and could not be Alter’d—I kept a list of Names in my pocket for Appointments one of which was Mr. [Keith] Spence, who I most Sincerely wish to Serve, and I should most Certainly have mention’d him. had not I tho’t it incompatable with his Business and if Mr. [Thomas] Martin goes into Trade it will be Improper for him to hold the place. The place of Serveyor will be Attended, with much Trouble, and attention all his Accts. must be kept Regular &c.—You yourself as you always are, was uper most in my mind for this place. but when I considerd the Trouble you would have in Transactg. this Business which would be out of your line and Sometimes Contrary to your feelings—the prospect there Still is of Continueg. you in your old Birth, or procureg. some other more Eligible; The Say of People, who are all awake at this moment—that I had given my Influence only to my own particular friends, were sufficient Reasons for me to proceed as I’ve done—I hope you have long ago been Convinced, that If I have a first Friend in the World, it is you—I have Recd. as much Attention from the President and Mrs. Langdon from his Lady, as could have been expected and much More, Lady Washington has Called at our Lodgings in her Coach and Six, to take Mrs. Langdon out of Town, with her. and many other Marks of Distinction which others have not Recd. and we had no right to Expect. Brothr. [ Joseph] Whipple is Appointed Collector. the best birth in the State. Mr. [Eleazer] Russell Naval Officer Capt. Martin Serveyor. write me Constantly and give me any hints you think of—I intend setg. out for home the first part September, if Possable, when I hope there will be a Recess. ALS, Sturgis Family Papers, MH.
Arthur Lee to Tench Coxe *** I doubt the justice of the complaints you mention against the rate of wages fixd by the House of Representatives. It gives me concern too to find that the People turn their attention to matters comparatively so trifling with those which they seem [illegible] to neglect. Had they taken the trouble to inquire into the former conduct of those they elected—I mean both the People & the Legislatures—it woud have savd them ten times more than the whole expence of which they now complain. It is certain that among those who constitute the present federal Legislature there are men accountable to the public, for monies received more than ten years since, to the
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amount of upwards of one million of dollars.1 When Men, so delinquent in their former conduct, are chosen into the Legislature, what have we reasonably to expect but a revival of the same undue disposition of public money. Had either the Convention or the people inclind to have a pure Legislature they woud have created an utter incapacity in any person whatsoever who had receivd public money on account and not accounted to be elected into either house. Such a proposition I have been told was made to the Convention but not admitted2—& a motion lately made in the Senate to enjoin the new Secretary of the Treasury to pursue the settlement of the old Accounts—did not even find a Second. And even if this had been made his duty what justice coud be expected for the public [blotted out] settlements with men possessd of power to ruin an Officer that shoud ever attempt to do his duty. It was this influence that first opend the treasury to them with such facility—it is this influence that has prevented the settlements hitherto— it is this influence that will prevent them forever. With regard to wages it shoud be considered—that a member having an estate, a profession or a business, must neglect them while he serves in the Legislature. He cannot live here in a public character with his Family for less than 6 dlls. & he must have some œconomy to live for that. Can the People expect—that men will sacrifise their time, their talents, their domestic happiness, their Profession their business or their private Affairs for less then they can decently subsist on. Woud they have their Legislature filld with men of so large fortune that the pay shoud be matter of indifference & where will they find such men in America? Or woud they wish to see the highest concerns of their Country in the hands of low & needy Individuals, who woud think of no Laws but such as woud make their particular fortunes equal to their unmerited elevation. Of these they may find enough who will serve nominally, for little or nothing. The Sum complaind of seems to be a mere quantum meruit.3 No one can respect the public opinion more than I do, but it is confering too much on too many, to refuse the public Servants a just compensation. Indeed I am afraid we are disposed to be captious rather than cautious & to refine rather than reform. The present prosperous harvest & the high prices of provisions in Europe ought to put us in good humour, and though I never approvd of the present government, as the Majority have thought otherwise I think it will be just to give it a fair trial & full support. The judiciary Bill, which has passd the Senate & is now before the house of Representatives will, I apprehend give less content to the People than that for the wages—& yet it is difficult to say how it coud have been framd less exceptionable. We must try some experiments & try them with temper— happy will it be for us, if when we know what is best we pursue it stedfastly. *** The House of Representatives have appointed a Committee to meet one from the Senate to consider when they shall adjourn. I doubt whether
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they will pass the judiciary Bill If this adjournment is not to Philadelphia, She will not have another chance. ALS, Coxe Papers, PHi. 1 Lee is referring primarily to his longtime nemesis, Robert Morris. For more on their feud, see DHFFC 8:663. 2 At the federal convention, George Mason moved to insert into the Constitution a clause disqualifying persons having unsettled public accounts from holding a seat in Congress. The motion was negatived, with future Senators Carroll and Langdon arguing against the exclusion (Farrand 2:121, 125–26). 3 As much as he deserved.
Richard Henry Lee to William Shippen, Jr *** Two days ago I frankd a letter for you from your Son [Thomas Lee Shippen] *** I congratulate you on having such a Son, I think he does honor to us all, & I doubt not but that he will be both honorable & useful to his Country—I realy think that there is no Country where Talents & Virtue are more necessary—I very much hope that neither business or anything else will deprive us of the happiness of seeing you here shortly—inclination I am sure will not. If you see Judge [George] Bryan give my respects to him & say that I will reply to his letter shortly—Our friend [Frederick] Phile has triumphed over the deep laid plot to ruin him—He is appointed to the N[aval]. Officers place—I have taken pains in his affair as well because I abhorred the malice aimed at him, as because I believe him to be a worthy person— [Sharp] Dulany is Collector & S[amuel]. Meredith is Surveyor. *** ALS, Shippen Family Papers, DLC. Written from Greenwich, outside New York City. Part of the omitted text relates to news of Ireland and George III’s health.
Roger Sherman to Henry Gibbs I received your letter of the 19th Ultimo & the papers accompanying the Same. You have doubtless before this Seen the amendments to the Constitution reported by the Committee—they will probaly be harmless & satisfactory to those who are fond of Bills of rights, I dont like the form in which they are reported to be incorporated in the Constitution, that Instrument being the act of the people, ought to be kept intire—and amendments made by the legislatures Should be in addition by way of Supplement. As to the Domestic [de]bt it will doubtless be provided for as soon as possible—and a Committee of ways and means is appointed. but I dont think there will be
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money to make any payment soon—and I hope the present Congress will never make any engagement but Such as they can punctually perform. ALS, Gibbs Family Collection, CtY. Addressed to Salem, Massachusetts.
Letter from New York There is now before the House a bill for regulating the Coasting Trade, and for registring vessels. In this bill there will be a clause that no fish or provisions, exported before the last of next May, shall be entitled to the bounty or drawback. It is thought necessary to have such a clause as this— otherwise all the fish and provisions exported this fall and winter would be entitled to receive the bounty, while the salt that cured them never paid any duty. This would certainly be unjust. [Portland, Maine] Cumberland Gazette, 14 August. This is probably from a letter written by Thatcher to the newspaper’s editor, Thomas B. Wait.
Letter from New York to London You will see by our news-papers, that the taxes imposed by Congress are very trifling; they will, however, raise a large revenue, as they hold out no temptation to smuggling; and the consumption of British and West-India goods is now very great thro the United States. But these taxes are not the only resource of Congress, for it is well known that the sale of the unoccupied lands is sufficient not only to support the expences of Government and pay the interest of our national debt, but even to clear off the capital in the course of ten or twelve years. [Philadelphia] Federal Gazette, 1 January 1790.
Other Documents
Charles Carroll to John Fitzgerald. Summary of AL, American Art Association Catalog 3808(1930), item 41. “On financial matters, and writes of dining with President Washington.” Oliver Ellsworth to Pierpont Edwards. ALS, Emmet Collection, NN. Addressed to New Haven, Connecticut. Just received a letter from Richard Law “which satisfies me that he thinks favourably of the Judiciary system proposed & will give it his countenance. Mr. Sherman will inform you that the impost laws are compleated & the appointments made.”
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John Langdon to Thomas Martin. No copy known; acknowledged in Martin to Langdon, 11 August. Samuel A. Otis to Tobias Lear. LS, Gilder Lehrman Collection, NHi. Office seeking: Corbin Braxton for surveyor of Richmond, Virginia. Roger Sherman to Richard Law. Summary of ALS, Henkels Catalog 1436(1929):item 104. Relates to the federal judiciary and impost.
Wednesday, 5 August 1789 Rain (Johnson); fore part of the day cool and disagreeable . . . rainy and stormy (Lewis)
Benjamin Lincoln Lear’s Account of Washington’s Attendance on the Senate From among the nominations made to the Senate by President Washington, at, I believe, the first Session of Congress, that of Collector of the Port of Charleston,1 was rejected. The President immediately repaired to the Senate Chambers & entered, to the astonishment of every one. The VicePresident left his chair & offered it to the President, who accepted it & then told the Senate that he had come to ask their reasons for rejecting his nomination of Collector &c. After many minutes of embarrassing silence, Genl. Gunn rose and said, that as he had been the person who had first objected to the nomination, & had probably been the cause of its rejection, it was perhaps his office to speak on this occasion. That his personal respect for the personal character of Genl. Washington was such that he would inform him of his grounds for recommending this rejection, (and he did so,) but that he would have it distinctly understood to be the sense of the Senate, that no explanation of their motives or proceedings was ever due or would ever be given to any President of the United States. Upon which the President withdrew. This annecdote I received from one who enjoyed Genl. Washington’s most intimate friendship & to whom the Genl. immediately on his return from the Senate Chamber, expressed his very great regret for having gone there. Stephen Decatur, Jr., Private Affairs of George Washington (Boston, 1933), pp. 58–59. The unsigned letter from which this account is taken, dated 12 March 1818 and in the hand of Tobias Lear’s son, Benjamin Lincoln Lear (1791–1831), was apparently written in response to an account of this incident published in Joseph Gales, Jr. and William Seaton’s National
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Intelligencer on 10 March 1818. Benjamin had undoubtedly heard the account of Washington’s confronting the Senate from his father. The letter describes what almost certainly marked the beginning of the practice known as “Senatorial Courtesy,” the ability of any Senator to block the appointment of an individual from his state or for an office in his state. Gunn and Fishbourne had been fellow officers during the Revolutionary War and both Fishbourne and Jackson had attempted to deliver Gunn’s challenge to a duel to General Nathanael Greene in 1785. Greene declined these challenges. An undated letter from Fishbourne to an unknown recipient describes an affair of honor between Fishbourne and Gunn. According to the letter, this duel was stopped by the “Interference of the seconds” and given to two other individuals to mediate (ALS, Miscellaneous Collection, MiU-C). This affair of honor was probably the reason for Gunn’s opposition to Fishbourne. The only contemporary evidence that Washington appeared in the Senate is Maclay’s statement that Izard told him, “The President, shewed great want of temper . . . when One of his Nominations was rejected” (DHFFC 9:121). But the Senate’s appointment of a committee on the mode of communicating with the President on treaties and appointments on this date (5 August) lends credence to Lear’s account. See also DHFFC 2:23–26, 8:755–59. 1
Benjamin Fishbourne, for the collector of Savannah, Georgia.
William Smith (Md.) to Otho H. Williams I recd. yours of the 30th Ulto. last evening. There are various opinions here respecting the impost after the first of August, some say that the State duties cease from that date, & that the general duties cannot be claimed before the officers are qualified under the New law, by which means many will go free, on the whole from what observations I have made, I find the opinions of men are generaly governd by their interest, you will I Suppose receive your appointment as collr. by this Post. [Robert] Purviance, is Naval officer, & [Robert] Ballard Surveyor for the Port of Baltimore, I believe compassion, had great weight in the President[’s] determination on this head. he asked my self & some [of ] the other representatives from Maryd. some questions, relative to the characters, of Six or Seven Candidates, a list of whom he presented (but I found he did not produce the whole of the names that I knew had applied) Colo. [ Josias Carvil] Hall Stood Second on the list, him only he said he knew, the characters of the others were fairly & candidly, given, from what passed, I hoped Colo. Hall would have been Named Naval officer & Purviance Surveyor. I have reason to believe Colo. Hall could have got the latter appointment, but I was inclined to think he would not like that employment & I dropt some expressions to that purport. *** ALS, Williams Papers, MdHi. Addressed to Baltimore. The omitted text relates to Smith’s concerns for the health and career prospects of his grandsons, Williams’s sons William, Campbell, and Robert.
5 AUGUST 1789
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George Washington to James Madison I want to communicate two matters to Congress; the substance of Which is contained in the enclosed Paper. The first requires to be decided upon before the proposed adjournment shall take place—but my motive for commun[ic]ating the other, at this time, is only to fix the attention, & to promote enquiry against the next meeting. Whether would an Oral or Written communication be best? If the first what mode is to be adopted to effect it? I would thank you, my good Sir, for amending the enclosed address, if you have leizure, by adding to, or striking out such parts as you may think had better be expunged. ALS, American Manuscripts, CSmH. The enclosure was probably a draft of Washington’s message to Congress, presented on 7 August, concerning negotiations with the Southern Indians and the organization of the militia. See DHFFC 5:1001–121.
Other Documents
Benjamin Goodhue to Insurance Offices of Salem. ALS, Goodhue Papers, NNS. Encloses a list of revenue appointees and a copy of the Collection Bill; “this day a clause was introduced into the bill providing for the registry of Vessels and regulating the coasting trade for suspending the bounty upon the exportation of Fish and Salted provisions untill the last of May next—this was done upon the idea of there being great quantitys of Salt on hand, and unless this was done the Continent would be paying a bounty upon large quantities of that Article upon the exportation of Fish &c. without its ever having paid any duty.” Benjamin Goodhue to Joseph Pierce. No copy known; acknowledged in Pierce to Goodhue, 15 August. Thomas Hartley to Tench Coxe. ALS, Coxe Papers, PHi. Addressed to Philadelphia. President’s power of removal before the House again yesterday; Senate struck the clause from the Treasury Bill [HR-9], but we have retained it; “It is a great National Question . . . I would rather give up the [lined out] Bill than sacrifice the Principle”; “We talk of adjourning”; has begun to read Jacques Necker, “but as I shall be very busy for the remainder of the Sitting—I shall probably send you the Books.”
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Richard Henry Lee to Charles Lee. ALS, Smith Collection, NjMoHP. Written from Greenwich, outside New York City. Office seeking: Charles’s appointment as collector for Alexandria, Virginia, and other Potomac River revenue appointments. John May to George Clymer and Samuel Meredith. ALS, Thomas J. Clay Papers, DLC. Written from Richmond, Virginia. Explains his delays in establishing their claims to Kentucky lands, including Clymer’s contested 11,000 acre tract in Jefferson County. John Read to George Read. ALS, Rodney Collection of Read Papers, DeHi. Written from New Castle, Delaware. “Mamma has had eight stock’s compleated for You and has only been waiting for a mode of conveying them. . . . Bassett we are informed does not mean to return [to New York] til after the August Court which will more than double the time limited for his absence, which was short indeed”; “Mamma expects certainly to see You in September.” George Turner to James Madison. ALS, Madison Papers, DLC. Written from Philadelphia. For the full text, see PJM 12:324. Office seeking: expectations of a federal post must be limited to the judiciary; has not seen the Treasury Bill [HR-9], to know what offices might be provided for there; “Burke tells me, he had pointed out one, and spoken to you about it”; relies on the judgment of friends at the seat of government to advise him. Daniel Hiester, Account Book. PRHi. The Pennsylvania delegation met at City Tavern to discuss a permanent seat of government.
Thursday, 6 August 1789 Fine. Hot (Johnson)
Christopher Gore to Rufus King The appointments to the Judicial seats will soon be made—We flatter ourselves in Massachusetts that one of the Supreme court will be taken from this state—the general expectation is, that our friend [ John] Lowell, will be appointed, an associate judge—and no doubt was ever entertain’d of this event—till we heard that our Chief Justice [William Cushing] was in nomi-
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nation—Shoud the Chf. Justice be appointed, we shall lose an excellent man; whose talents are peculiarly fitted for the place he fills, without rendering any great service to the United States; and a very good man will be extremely mortified—The Chf. Justice, now 56 yrs. of age, cannot long be an active member of the court, and he has new habits, and new modes of legal decision to acquire—on these grounds, I much doubt if he woud be an acquisition to the Union, or at least so great an acquisition to the Govt. as Lowell—but in addition to all the consequences, which will be apparent, in your mind, to taking him from our state bench—Lowell’s situation, from such neglect of him, will be intolerable—Having held a similar rank, under the old confederation, which commission is superseded only by the adoption of the new government; the neglect to appoint him to the Supreme court, will imply a conviction, in the mind of him, who appoints, that he had been tried & found wanting—this certainly will be disgraceful to a very good and able man—from a regard to the happiness & welfare of this state, and a wish that the just expectations of a valuable part of the Community shoud not be disappointed—and that an honorable & good man shoud not be extremely mortified I request your attention & influence in this appointment—and I am sure if you see no just reason, on national grounds, for prefering Cushing to Lowell, you will endeavor that the latter shall not be disgraced.1 I have been endeavoring to arrange my private & professional concerns in this town, [torn] order, as to permit my visiting you this [torn]—but business crowds on me—and a sense of [torn] to my clients, with a want of the emoluments, I fear, will forbid me a pleasure which I anticipated with certainty of realizing the enjoyment—the lot was drawn delightful to myself, and gratifying to all good men of Massachusetts.2 ALS, King Papers, NHi. Written from Boston. 1 James Bowdoin and Stephen Higginson made similar arguments regarding this appointment to John Adams (ALSs, 7, 10 August, Adams Family Manuscript Trust, MHi). 2 Upon his election, King drew a six year term as New York’s Senator.
Samuel Holten to Benjamin Goodhue *** The four first acts of Congress have come to hand officially: but now there seems to be great embarrassments, & it is said, where are the officers to collect the revenue, &c., however, every thing Congress doth, appears to be judged upon in a favorable point of light, by the most observing, & I hope it will not be long before the sistems will be compleat.
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*** I conclude you are sensible that interest has been made for more than one person, at Salem, to be collector of the Impost: I have always supposed that you would be attentive to the same & that we should have the most suitable person, but whether my friend [George] Williams would be the man I have considered as uncertain; however, I have supposed, that if you thought him the most proper person, you would favor his cause, which is all I wish. Yesterday the Governor, Lt. Governor, & the Council, took the oath required, that they would support the the Constitution of the U.S. & I have admin[istere]d. said oath to, agreeably to a law of this state, to 33 of the civil officers for the county of Essex. I have been informed that the address from the two houses of this state to the President of the U.S. was forwarded to our delegates by the Secretary, agreeably to directions he had received, but thier return was addressed to the Governor. ALS, Letters to Goodhue, NNS. Written from Boston.
Robert Morris to Tench Coxe Your obliging favour of the 19th of last Month with its enclosure1 came duely to hand at the time when I did expect to have made it usefull in Regulating the value of Coins & Bullion receivable for Duties on Imports; for this purpose I produced the paper, first in the Senate, and afterwards to the Committee to whom the Collection Bill was referred, considerable time was spent on that clause in the bill, but as the Relative Value of Gold to Silver has not been decided on by any Act of the Government The Committee did not choose to report any alteration in that clause, because they did not find it in their power to do it with that exactitude which was necessary to justify a deviation from what had passed the House of Representatives, and as it is in Contemplation to Establish a Mint it was judged most adviseable to leave the Section as it now stands, untill a Coin shall be struck in which alone the Duties can then be receivable; When Coins are struck by the United States, the Relative Value of Gold to Silver will be ascertained, and then the Paper you have sent me & any other you may hereafter think proper to furnish shall be brought into consideration. I shall always receive your Communications with pleasure and give them that Candid consideration you would wish believing as I do that your object is to promote the Public Good. ALS, Coxe Papers, PHi. Addressed to Philadelphia. 1 Probably the letter to the editor which appeared in the [Philadelphia] Freeman’s Journal, 22 July, of which Coxe was the likely author; see George Bryan to R. H. Lee, 31 July, above.
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Robert Morris to George Washington The letter which I take the liberty to enclose, came to my hands this day whilst in Senate, and however unwilling I am to trespass on your Excellency, yet the justice due to an absent Individual obliges me to communicate it altho I do not see under present circumstances that he Major [Benjamin] Fishbourne can derive the benefit which he Aims at. ALS, Item 78, 16:597, PCC, DNA.
Other Documents
Pierce Butler to George Washington. ALS, Washington Papers, DLC. For the full text, see PGW 3:390. Encloses a letter from James Seagrove to the President just received under cover from Catharine Greene; see 24 July, above. John Chew to George Read. ALS, Rodney Collection of Read Papers, DeHi. Written from Chestertown, Maryland. Expresses thanks for receiving and paying drafts on his accounts; Bassett visited for a night before returning to Sussex Court; “You and he miscalculated the Dover Orphans Court one Week so that he will be detained longer than his Furlough warrants and must be in Mercy &c.”; Bassett, “relying upon Memory only,” says that Chestertown is not designated a port of entry; “It will be attended with much Inconvenience to the Trading People here to enter and clear either at Oxford or Annapolis—Both these Ports have not half the Number of Shipments in the Course of the Year that we have.” Andrew Ellicott to Benjamin Franklin. ALS, Franklin Papers, PPAmP. Addressed to Philadelphia. Office seeking: solicits a letter of recommendation to the President for appointment as geographer and surveyor general for the western territory under the pending Land Office Bill [HR-17]; asks Franklin to send it under frank in care of Scott. Benjamin Goodhue to Stephen Goodhue. ALS, Goodhue Family Papers, MSaE. Addressed to Salem, Massachusetts. Asks him to deliver the enclosed to William Pickman; expects adjournment by 1 September “and a committee of both Houses is appointed to report the time—We have nothing new.”
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Thomas Proctor to Henry Knox. ALS, Knox Papers, Gilder Lehrman Collection, NHi. Written from Philadelphia. Office seeking: something in the ordnance department; has asked F. A. Muhlenberg “to Interest himself as my friend with you” and the President. Pamela Sedgwick to Theodore Sedgwick. ALS, Sedgwick Family Papers, MHi. Written from Stockbridge, Massachusetts. Encloses two letters from their daughter Eliza; suggests that Eliza could visit him in New York; a letter from Elizabeth Mayhew asks Pamela to convey thanks for a letter Mayhew had received from Theodore “some time since”; family news; solicits an office for “our Poor Brother Harry” whose qualifications “you Perfectly know and his Integorety To fulfill any Trust commited to his care you also know. Should their be any opening I know your Generous Heart will use it to his advantage”; greetings from the children. Richard Soderstrom to John Langdon. ALS, Langdon Papers, NhPoA. Regarding sale of horses to Langdon, “I will call on you in the Senate room abt. noon.” Caleb Strong to William Clarke. ALS, Miscellaneous Manuscripts, NN. Have shown your silk sample to “a Number of Persons”; “The Spirit of manufacturing ought to be encouraged in the New England States especially, as by that Means we shall not only become more perfectly independent but shall retain in the Atlantick States great Numbers who would otherwise emigrate to the Western Region”; will probably be at home in time for “our August Court.” Robert Lewis, Diary. ViMtvL. Dined with Griffin and others.
Friday, 7 August 1789 Hot (Johnson)
George Clymer to Benjamin Rush A bill now before our house to regulate the sale of the back territory, like all others of the kind, giving emigration “lighter wings to fly,” brings this
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evil more home to my feelings—This fatal propensity might at all times be opposed with effect by truth and reason, but truth and reason are not always obvious to common apprehensions, and on this subject above all others, there are some who pretend even to think others stand in need of being enlightened. Were I in the habit of addressing the public a pamphlet should come out entitled “The folly of emigrating to the western lands demonstrated”—I would endeavour in familiar language to shew to the meanest capacities that this desire proceeds either from the neglect of calculations or bad calculations. I would go deeply into the comparison of advantages between making a settlement on the western Waters and those on the Atlantic—A particularity of facts on this point would seize the senses more strongly than any general reasoning however good. I would prove lands producing for the Atlantic Market cheaper at 10/ or 15/ per acre than any others obtained by free grant. For example, the settler on the Muskingum or Scoto [in the Northwest Territory] ’tho he is to provide for no other expence than what will purchase his implements of husbandry and transport him and them to his plantation, yet he can never propose to himself any thing beyond turning a a few hogs loose and scratching his ground for as much Indian Corn and wheat as will feed his ragged family. That to attempt a surplus, will would, even if he could get labourers for it which would be next to impossible, be useless, for he could have no steady market for it. For it must be considered that what little is can be sold is to the newest comers who being always at the edge of the extending circle will be supplied by those only who are but just within it—If the Spanish demand1 is talked of as a permanency—of what importance will it be but to those immediately bordering on their limits. So circumstanced Of what benefit would be the driving of cattle distance through such great space where, as has been found, they set out flesh and come in bone. So circumstanced a poor man is to remain stationary in all his prospects—having nothing wherewith to purchase labour he can never have the comfortable expectation of getting others to work for him—his lands will gain little additional value, his family may never change their rags, nor his children, running wild, be able to pay the church or the school—And this must be the case until a great internal society in the course of time, as in Germany, shall be gradually formed. We see in all this no advantage but in the exemption from the purchase money, overballanced greatly by the advantages attending the other situation— where A purchaser of 300 acres must indeed engage to pay £150 by 10 yearly instalments. in ten years This would require only £15 per annum and the proportion of interest; but to be raised with certainty by the cultivation of four or five acres in wheat, beyond the family consumption, or the fattening of a few cattle; and on extinguishing the debt, the term of which would be hastened in proportion to the exertions of industry, he would find him-
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self with a valuable estate—in the bosom of society and with the means of securing to his childrens both morals and education. This statement applies even better to the absolute poor than to others, for the expense of going to a settlement is in proportion to distance. If either you or Mr. [Tench] Coxe will take up the subject2 numberless thought would occur to either of you that might escape me—I have said pamphlet, because a news paper dies with the day, and the other has a more imposing influence—A thousand two penny books given away might make a thousand men useful to their country that would be otherwise lost to it—It being a common cause I would bear my share of the cost. ALS, privately owned in 2003: George M. Curtis III and Richard H. Kohn. 1 In the spring of 1789 Spanish colonial authorities reversed their policy of closing the Mississippi River and opened New Orleans to American trade, upon payment of a fifteen percent duty. 2 Rush had already treated the subject in a way sympathetic to Clymer’s thinking in two American Museum articles (Jan. and Mar. 1789).
Elbridge Gerry to Samuel Adams I am favoured with your letters of the 28th & 29th of July: the former I shall communicate to the President previously to the election of Judges, for I sincerely hope Judge [ James] Sullivan will obtain the office of district Judge for Massachusetts. political opinions however good, are generally heretical, if not sanctioned by the voice of a majority: & if bad, thus sanctioned are considered as divine. Mr. Sullivan’s politics at this time, accord with the sentiments, as I conceive of the people, & his conduct as a Judge has has, as I have always understood been unexceptionable. With respect to the establishment of theatres, various opinions are entertained of their good and bad effects, even by virtuous republicans: if they can be so regulated as to instruct us in the knowledge of man, & to discriminate his vertues from his vices & whilst they afford amusement will not excite a spirit of dissipation, it is undoubtedly both wise & politic to admit them: but on the other hand, if they have a tendency to gild vice & promote extravagance, to undermine & eradicate vertue which is the only solid foundation of a free government, & to destroy the habits of œconomy & industry the true sources of the wealth of a nation, they ought not only to be discountenanc’d but forbidden under the severest penalties. my opinion at present is rather in favour of them, as I concieve they may be properly regulated, but it is an object I have very little at heart & I shall chearfully acquiesce in the decisions of the legislature should the subject be by them
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considered. in any event your observations on the matter will I am sure be both instructive & entertaining. I can give you very little information more than you will have obtained from the Gazettes, except that the house yesterday fixed the Salaries of themselves & officers, & that there are some appearances which I confess to you are to me alarming. We have formed a treasury system which I did not hesitate to declare in the House appeared to me the most perfect plan I had seen for promoting peculation & speculation in the public funds. at the head of it is to be a secretary with power to superintend all the revenue officers, & a person [ probably Hamilton] is proposed to fill this office who has heretofore given it as his opinion, that the affairs of America will never be well conducted without an external influence. this secretary has power to prepare money bills before they are orginated by the house, in direct violation as I conceive of the constitution & in debating the Subject, when it was objected that he would have an undue influence in the House Mr. M—d—n [Madison] who is an Intimate of the candidate for this office de[c]lared he had no fear from that influence but was apprehensive of an influence arising from the ignorance indolence & party veiws of the house, which he was as he was afterwards told told was advocating external influence; for as the decisions of the house must arise from some species of influence & he was averse to the influence of its members he was clearly for an influence arising from some other quarter. consistently with this plan Mr. M—d—n is for keeping the Salaries or allowances of the House Congress low & has urged 5 instead of 6 dollars, altho it is well known Virginia allowed more than 6 dollars when the Congress sat the whole year. a few members are influenced by other considerations, namely the opinions of their constituents, to advocate 5 dollrs., but the house have decided it for 6. the consequence of a low establishmt. for Congress will be this a majority of the members will be either nabobs or indigent men, who will unite in plans to oppress & plunder the people. the constitution requires that the members of Congress should have a compensation for their services; the terms used on this occasion are the same as those used for the executive & judiciary: but whilst these are to have high, for Congress low stipends are nevertheless urged & will probably [blotted out] catch the popular ear. my opinion is that the establishment ought not to be on either extreme but such as to make it reputable for any men in America to accept the offices, if elected thereto, & as will indemnify them from losses by leaving their homes. to defeat this wicked system, & at the same time clear the members opposed to it from contemptible & illiberal suspicions of avarice I brot. forward a motion & was seconded & supported by some independent members to strike out all provisions for members of the House & let them sustain their own expences, by which means they would be able
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to act independently for the publick interest & avoid the danger of making our house of representatives a mere executive machine to vote away the property of their constituents without any reason or necessity. those however who had advocated 5 dollars & called the yeas & nays thereon, in which we joined them, thot. it more prudent to take 6 dollars than give such a small testimony of their patriotism as to accede to my motion, which I should have been sincerely happy to have carryed. what renders this matter more extraordinary is that the members who supported 5 dollars supposed Congress after this Session would not sit longer than 4 months in a year which at 6 dollars a day will amount to 720 dollars for each Senator & member of the house, & on the same day the house granted to their door keeper 750 Dollars a year & to their Secretary of the Senate & clerk of the House 1500 dollars each a year & two dollars a day besides for every day of the Session of Congress which if four months would make the salary of each 1740 dollars a year. who ever supposed that a senator or representative would be so debased as to receive as a compensation for his services less than a doorkeeper & not more than 2⁄5th of the allowance to a Secretary & clerk? these to me are serious considerations & shew that it is in [lined out] contemplation to govern America as Britain is now governed, by corruption. [P. S.] Please to communicate what respects the Salaries to Judge Sullivan. ALS, Adams Originals, NN. An additional sentence, dated 8 August, is printed under that date.
Caleb Strong to Samuel Phillips, Jr. You will have heard before the Receipt of this that our Friend Genl. [Benjamin] Lincoln is appointed Collector for Boston, perhaps this Business which may not be perfectly agreable to him may lead to a better appointment, at any Rate his Friend supposd that this would be an Object of Importance. In your last letter you mention your Apprehensions that the Wages of the Members of Congress and the Officers of Government would be too high, those apprehensions I then thought and am now convinced were well founded, indeed I Could hardly suppose they would continue so high as a Committee as a Committee of the House reported, but though the Subject has been before the House the two or three last Days there seems to be but little probability that the Wages will be lowered by the Representatives and perhaps as little that our House will diminish them—several of the N. England Delegates wish earnestly to reduce them, but their Weight seems at present to be much overbalanced—I think it is Time for us to have a Recess a Comittee is appointed to consider of the Time—for myself I am weary of the Business & almost sick by Confinement: and whether there is a Recess
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or not I shall probably return home in a Fortnight or three Weeks. Mr. Reed furnished me with the inclosed Paper. ALS, Phillips Family Papers, MHi.
Henry Wynkoop to Reading Beatty Having nearly got over the discussion & establishment of general Principals, the Business of Legislation now proceeds as fast as could be expected, the power of removabillity by the President is yet in dispute between the two Houses on the Bill for the establishment of the Treasury Department, the Senate, I believe, in this instance will have to yield, or the Bill will be Lost, the Sense of the President on this Subject has already been fully expressed in the Commissions Issued to the Revenue Officers, by fixing their Tenures during pleasure. The papers from Trenton1 have come forward & that Business is put into train of operation & if possible will be determined before the Adjournment, which Gentlemen are in hopes will take place by September. The final Question respecting the Compensation of the Members was yesterday taken, which terminated in favour of the Report of the Committee six Dollars pr. day. ALS, Wynkoop Papers, PDoBHi. 1
The memorial of the citizens of New Jersey and Pennsylvania; see DHFFC 8:449–52.
Other Documents
Governor Samuel Huntington to the Connecticut Representatives. ALS, Huntington Autograph Book, NRom. Written from Norwich, Connecticut. For the full text, see DHFFC 8:140–41. Forwards petition from inhabitants of Stonington, Connecticut, on encouragement of fisheries. Ralph Izard to George Washington. ALS, Item 78, 13:415, PCC, DNA. For the full text, see DHFFC 8:756. Requests a meeting on behalf of a Senate committee on the mode of communicating executive business. John Lowell to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Roxbury, Massachusetts. For the full text, see DHSCUS 1:642–45. Office seeking: for associate justice of the Supreme Court; has received letters from “two of our Friends at New York,” asking his thoughts about being appointed.
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William Smith (Md.) to Otho H. Williams. ALS, Williams Papers, MdHi. Addressed to Baltimore; carried by Robert Purviance. Yesterday sent “three numbers of the Debates” and a copy of the Collection Act [HR-11]; encloses today an additional “paper or two, the contents of which I know not.” Benjamin Thompson to James Madison. ALS, Madison Papers, DLC. Written from Morristown, New Jersey. For the full text, see PJM 12:325–26. Office seeking: solicits advice on applying for a consular post; “I am known to the President General, to the gentelmen of Congress from this State.” George Washington to Ralph Izard. FC:dft, Miscellaneous Letters, RG 59, DNA. Will receive the Senate committee at noon tomorrow. NYDA, 8 August. Theodorick and Martha Dangerfield Bland returned to their home in Maiden Lane, his health “in a great measure” restored by his short leave of absence in Virginia.
Saturday, 8 August 1789 Hot (Johnson)
Pierce Butler to George Washington I request Your Excellency’s indulgence for troubling You with the perusal of the enclosed letters. two of them are of a publick Nature, and Contain much information respecting Indian Affairs in the Southern Country; they merit attention. the third is of a private Nature from Judge [William] Drayton, who I believe is known to You; He is a Man of Abilities, and real information in His profession. I shoud have waited on You with those letters were I not obliged to Indulge my leg. ALS, Item 78, 4:593, PCC, DNA.
William Few to Joseph Clay I have recieved your favor of the 20th Ulto. and am Sorry to find that the business of treating with the Indians is suspend, for it will encrease the expence and keep the people of that Country in a state of Alarm; besides if war
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with them should be found unavoidable, the most convenient season of the year for that purpose will be past—there seems to be a fatality, in that business—the manner in which it is delayed is dishonorable to the State and the Commissioners, it was done it appears by a letter wrote from [Alexander] McGillivery to [ John] Galphin instead of the head men of the Indians addressing the Com[missione]rs. and stating satisfactory reasons for the pos[t]ponement—but we must look forward and hope for more favorable events tho I am really doubtfull whether a patched up peace will be more benefical to us than an open Rupture; provided the United States would aid us to give them a proper chastisment which I believe might be effected if the business is properly managed by the Commissioners if the Indians proves refractory The State has been long insulted, and the tranquility of the Inhabitants interrupted by those perfidious Savage tribes—it is high time that something decissive should be done—We shall omit nothing that can be done here to prepare Congress to recieve the Report of Commissioners and take such measures as the occasion may require for the interest and safety of our State. I dont recollect any political occurrences since my last, except what you will find in the enclosed papers—The nomination and appointment of the Officers for Collecting the duties on Merchandeize was yesterday compleated, and the Revenue system is now beginning to operate—A little time and experience will show us whether it will be sufficiently productive for the exigencies of the National Government—it is generally that it will not be sufficient tho no other measures for increasing of the funds have yet been proposed—An adjournment of Congress is talked of and it is proposed by some Members to get through the most the most necessary business, sometime next month, and then adjourn till December; others think it will be best to set longer now and then Adjourn till next May or June. If the latter opinion should pervail I hope to have the pleasure of see you before Christmas. [P. S.] I must request you to consider this letter, so far as it respects the Indian treaty and trade—as intended for your information only, and [not] to be communicated. ALS, Few Papers, NcD; addressed to Savannah, Georgia.
Governor Samuel Huntington to Benjamin Huntington I am favoured with your letter of the 28th. Ult. & am much obliged by the repeated Packets of News-papers which I have recieved through your care, am sorry that the poor Soldier [ Joseph] Storey met with no better success, in his Journey to New-York. The important subject of our Western Lands is an object, which I trust You will keep constantly in view: the Plan You suggest to get the survey
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made, appears to me as good a method as can be devised, to accomplish the business. You will receive herewith enclosed an Application to Congress from the People concerned in the fishery from the Port of Stonington, also my Letter addressed to the Connecticut Representatives on the same subject1 & Capt. [ Jonathan] Palmer’s Letter addressed to Yourself, relative to the same matters, I most sincerely wish every Encouragement may be given to the Fishery that can be done with safety: cannot the subject be taken up with propriety in discussing the Bill for regulating the Coasting Trade, if it be still under Consideration. ALS, Miscellaneous Manuscripts, Beinecke Rare Book and Manuscript Library, CtY. Written from Norwich, Connecticut. 1 For Samuel Huntington’s letter to the Connecticut Representatives and background information on the Stonington petition, see DHFFC 8:139–40.
George Partridge to Benjamin Lincoln I congratulate you on your appointm[ent] to an Office, which however I wish was such a one, as would better comport with your Charac[ter] and the Offices which you have formerly sustain[ed] two or three such Offices, will, I think e’er long be created in the Line of the Business to which you are now appointed, and filled with Officers to whom the Collectors shall be accountable. these Officers may be called Comptrollers. it appears that most Gentlemen in Congress think such Officers necess[ary]. You may think it perhaps rather extraordinary, that nothing appears in the Collection [Act?] or any other, giving the Officers any kind of Au[tho]rity over vessels coasting from port to port & fro[m] State to State. a Law for this purpose and for Registering all Vessels anew, has been long before the House and passed only a day or two ago, it has not yet been taken up in senate, nor do I expe[ct] it will be finished this in less than two or thr[ee] weeks. in the mean while I suppose the Coasters betwixt the States must pass without papers, unless you may think proper to give them a paper to distinguish them from pirates. in the Bill above alluded to provision is more expressly made for clearing out foreigners or vessels bound on foreign voyages; tho’ it was thought by some in the house, that as mention was made in [the] Collection Bill of Clearances, it was sufficie[nt and I] presume you must consider it in this light, at least till the Coasting Law comes to hand. We have been in a sad fever in the house of Reps. for some time on the Subject of Salaries to the Officers and allowances to the members of both
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houses, as to the latter many of us have spoke very feelingly. a per Diem allowance has at last been voted of six Dollars, a sum considered by all the members of our state (our old republican friend [Gerry] excepted) much too high, and here I think our constituents will agree with us. this establishing salaries continually against ones oppinion, is a most disagreeable thing and I suspect will prove the sourse of some uneasiness in our Qua[r]ter. We talk of a Recess next month and hope we may effect it, but it will not be an easy matter to effect. ALS, Miscellaneous Collection, NN.
Theodore Sedgwick to Pamela Sedgwick I thank you, dearest object of my tenderest affection, for your very kind letters, lately so often repeated. It gives me pain that any request of mine should impose on you an ungrateful task; but the pleasure I receive from your letters, incomparably superior to any other in my present circumstances, induces me earnestly to desire you to continue the favor. Your information respecting the state of your health hath releived me from most anxious apprehensions. Our President is indeed every thing that is great and good in man—and the information that the determination of the legislature that executive officers should be removable by him is pleasing to him, will be agreable to you. Indeed had that important question been lost I have reason to think he would almost have dispaired of the government. Yesterday I dined with him, and had great pleasure in observing that he is manifestly indulging pleasing hopes of the benign influences of our government. You, my love, know my disposition, that having done what I think to be right, I am not very anxious about the consequences. But such appears to me to be the thoughtless profusion of the majority of the house that I dread the effects our measures in that regard may have on the public mind. It should seem these people think it an evidence of their liberality and independence to brave the popular clamors on this account. you, my dear, are greatly mistaken with respect to the new england temper on these subjects. I have been left to strugle almost alone more than ten times on this ungrateful subject. In the house, I am sorry to say it an attempt to give evidence of œconomy, and self denial is endeavored to be represented as arising from poverty of spirit and a mean disposition to acquire popular applause. The whole delegation of Connecticut and the tender and compassionate Gerry vote invariably with the majority. On Monday shall I make one more effort, altho I now am almost in dispair.
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*** Congress has appointed a Committee of both houses, on a motion that I procured to be made by one of my friends1 to determine on the time of the adjournment, their Report will probably fix some time in the begining of September, but at all events unless the business is of the very highest importance I shall be at our court of common pleas. Remember me with the affection I possess to my sweet little ones and with affec[tionat]e. regards to my friends & neighbours & believe me to be with a degree of tenderness no language can express ever most sincerely your affece. ALS, Sedgwick Family Papers, MHi. Part of the omitted text discusses plans to send their daughter, Eliza, to live in Boston. 1
Benson made the motion on 3 August.
Hugh Williamson to John G. Blount Yesterday the President reminded Congress by a Message that the Revenue Business being over, the Affair of the Indians claims their Attention & Genl. Knox communicated the Message who also communicated many Papers respecting Hostilities by the Indians & by the Whites who seem to have incroached on the Indians. The Congress to Day, Doors shut, have been reading the Papers &c. My Information which is from the best Quarter states that it is in Contemplation to appoint, according to the Suggestion of the President three Persons Commissioners to treat with the Southern Indians, for Peace. I think you may be assured that no more Lands will be bought of the Indians. It will be considered and Determined by the Consent or agreement of the Indians what Lands have already been fairly purchased by the Union or by the Several States. The Indians will be told that on their faithfully abiding by their Lands the Whites shall not in any Case cross the Lines to settle on the Indian Lands & that no Sales of Land are to be made by the Indians except to the United States. The Proposals Posts will I think doubtless be placed on the Partition Lines. The Troops there stationed will equally curb the White and Red Savages. The Operation of such an Act Arrangements will naturally raise the Value of Lands fairly purchased from the Indians, and you may believe that most of the Members of Congress have considerable Tracts in this Predicament. This Circumstance will probably induce them to see the measure in a favourable Light, which may otherwise be defended by strong arguments. *** I think the Lands not already purchased from the Indians are not like
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to be purchased for many years to come, and in this private Belief was I in N. Carolina I would endeavour to make Exchanges accordingly. ALS, Blount Papers, Nc-Ar. Addressed to Washington, North Carolina. Part of the omitted text describes the failure of George Morgan’s colonizing scheme.
Letter from Philadelphia I have read, with attention, the report of the committee of the House on the fifth article of the constitution: should the proposed amendments be adopted, I have no doubt they will give general satisfaction, and quiet the minds of many well disposed citizens. I observe a bill has passed the lower house, organizing the general board of commissioners;1 that business is very important, as the harmony and peace of the different states, in a great measure, depend on the final adjustment of their accounts. From the loose manner the accounts have been kept in most of the states, the business must be complicated; and it would require men of experience and abilities to investigate these accounts. For the small salaries allowed by Congress, I am persuaded the commissioners will find it difficult to procure persons qualified to execute this business; and an embarrassment of this nature would certainly be very injurious to the public. An allowance of 1000 dollars to the chief clerk, and a discretionary power vested in the commissioners to appoint as many assistants as the business might require, at a salary not exceeding 600 dollars per ann. would not, in my opinion (with submission to the honorable house) be deemed an extravagant compensation: the public might then expect to have the business well executed, as persons of abilities, I presume, might be engaged on these terms. NYDG, 7 August. The letter is undated. 1
The Settlement of Accounts Act [HR-13] passed the House on 27 July.
Other Documents
James Brice to George Washington. ALS, Washington Papers, DLC. Written from Annapolis, Maryland. For the full text, see PGW 3:399. Office seeking: an executive department office in Maryland; mentions C. Carroll and Henry as references. William Constable to James Seagrove. FC:lbk, Constable-Pierrepont Collection, NN. Office seeking: has not been inattentive to Seagrove’s desires respecting a collectorship; Washington told Butler, who has really exerted himself,
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that John Habersham was the choice; got Morris to speak and Gunn mentioned Seagrove in the Senate; Seagrove’s letter to the President arrived last night and Constable got Butler to enclose it. Elbridge Gerry to Samuel Adams. ALS, Adams Originals, NN. This sentence was added to Gerry’s letter of 7 August printed under that date. “I had forgot to mention that I was of the committee & was for 5 dollars (as the Sense of our state) for members of the house, wch. was agreed to with a further allowance for Senators; but the making a different establishment for the Senate gave offence to the house & the commee. then fixed 6 dollars for both.” Jonathan Jackson to John Lowell. ALS, Lee Family Papers, MHi. Franked by Ames. Office seeking; politics of Lowell’s possible appointment to the Supreme Court; “the etiquette of our institutions seem to have distanced the Senators (& V. P.—I suppose) from offering advice, or proposing any body at least some of them say so, (tho’ all have not acted so as I believe) because they are to pass on his nominations”; advises Lowell not to come to New York at this time. Richard Henry Lee to Samuel Adams. See 15 August, below. John Lowell to Elbridge Gerry. ALS, Gerry Papers, MHi. Written from Roxbury, Massachusetts. Office seeking: had written a letter of application to the President, “which as my Friend Mr. Ames had before thought not best, I inclosed to him”; has now written Ames to avoid delivering the application until after discussing it with Gerry. Intelligence from New York. [Boston] Massachusetts Centinel, 12 August; reprinted at Portland, Maine. “The talk of adjournment is strong—about the middle of Sept. at farthest”; the Salaries-Legislative Bill [HR-19] “at last settled by the House: The Eastern Members were generally opposed” to the compensations, “But the debates were very short—The Bill was bandied about for a long time, but no material alteration took place.” [Philadelphia] Federal Gazette, 10 August. White arrived from New York in the evening.
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Sunday, 9 August 1789 Hot (Johnson); a fine evening (Lewis)
Abigail Adams to Mary Cranch *** Not a single publick amusement is their in the whole city, no not even a publick walk, and as to dinners, I believe their are six made in Boston to one here, unless it is for some particular person to whom a Number of families wish to pay attention. there are six Senators who have their Ladies and families with them,1 but they are in Lodgings the chief of them, & not in a situation to give dinners—as to the mode of visiting, less time is expended in this way, than in sending word to each person & passing an afternoon with them, tho I own on the score of pleasure that would be to me the most agreable, I have returnd more than sixty visits all of them in 3 or 4 afternoons & excepting at the Pressidents, have drank tea only at two other places and dined but once out, since I arrived. Indeed I have been fully employd in entertaining company, in the first place all the Senators who had Ladies & families, then the remaining Senators, and this week we have begun with the House, and tho we have a room in which we dine 24 persons at a Time, I shall not get through them all, together with the publick ministers for a month to come. *** I hear that the vote which Mr. A[dams]. gave in the Senate, respecting the Removal of officers by the president independant of the Senate, has been by Some of his own State construed, as voting power into his own Hands, or having that in view, but his Rule through life has been to vote and act, independant of party agreable to the dictates of his conscience and tho on that occasion he could have wisht on account of the delicacy of his Situation not to have been obliged to have determind the Question, yet falling to him, he shrunk not. not a word did any of our State Say when his vote reduced the duty upon molasses, all was silence then they could not possibly asscribe it to any Sinister motive but uneasy wrestless Spirits are to be found in all quarters of the world. *** We do not have company on Sundays. We go to meeting, but alass I do not find a Dr. [Richard] Price. *** ALS, Abigail Adams Letters, MWA. For the full text, see Abigail Adams, pp. 18–22. Written from “Richmond Hill,” outside New York City. Portions of the omitted text describe the Republican Court, difficulties with domestic help, and Washington’s public appearances. 1
Butler, Dalton, Few, Izard, King, and Langdon.
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Abraham Baldwin to Joseph Clay Your favour of the 24th ult. with the two Hdds. of tobacco were duly received by Capt. Navel. It was very fortunate that you had taken occasion to express your sentiments so particularly on Indian affairs. The President was then making up his mind on that subject to submit to the consideration of congress, he had the use of your sentiments on the occasion. His message of yesterday, you will see among the papers which I inclose to the printer.1 The business of treaties is entirely with the President and senate, our house will only have an agency in the supplies, they have had the matter under consideration today, and manifest in general a ready disposition to do what is in their power. The officers for the collection of the impost are just appointed, Maj. [ John] Habersham Collector, Genl. [Lachlan] McIntosh naval officer, Majr. [ John] Berrian surveyor, [Cornelius] Collins for Sunbury, [George] Handley for Brunswick, [ James] Seagrove for St. Mary’s. [Benjamin] Fishbourn was nominated as naval officer for Savannah, and negatived by the senate, the only instance of dissent to a nomination. you see the daily account of our proceedings, I need not repeat the story. next wednesday we shall take up the report on amendments, I think it will not occasion much debate. ALS, Roberts Collection, PHC; addressed to Savannah, Georgia. 1
For Washington’s message, actually dated 7 August, see DHFFC 3:137–38.
William Bradford, Jr. to Elias Boudinot *** The bill for ascertaining the compensation to the Members of the house & the Senaters, to the Clerks, door keeper &c. I find, gives universal uneasiness. There is scarce any body will defend the wages & salaries that are proposed: & a very general clamour is rising that must injure the Government in the affections of the people. The wages of the members are perhaps not too high—& when our resources are know[n], & our debts funded, they might be submitted to or perhaps increased without difficulty. But at present prudence seems to require some abatement that the feelings or prejudices of the people may not be too much shocked. Wages, like duties should be raised by degrees to their proper acme. But it is the Salaries proposed for the Clerks & door keepers that are chiefly reprobated: & why a doorkeeper should have a salary at all, is at this distance somewhat difficult to conjecture. It is presumed that all other salaries must be upon the same scale—& if so, we may readily estimate that those of the judges & heads of depart-
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ments will be far beyond what has hitherto been enjoyed by any officers under the old Govts. Congress or in the state governments. Enclosed you have a specimen of the public opinion. I believe Dr. [Nicholas] Colin is the author.1 But this is only the beginning. *** ALS, Wallace Papers, PHi. Place from which written not specified. The omitted text includes progress on the publication of Alexander Dallas’s Reports, for which Bradford had asked Boudinot to secure Congressional subscribers. 1
“A Despiser of all Republican Trappings,” [Philadelphia] Federal Gazette, 8 August.
Thomas Hartley to Tench Coxe I received your Favor of the 6th. inst. and am glad that our Conduct in the House of Representatives respecting the Power of Removal in the President meets with the Approbation of the intelligent Part of our fellow Citizens in Pennsylvania. That Business is not yet decided—The Senate insist upon their amendment—and the Bill on the Treasury Department is again before our Body— To Morrow I presume we shall determine that we adhere to our former Resolution—this will probably produce a Conference—but I think no Manœuvring will induce the Majority in our House to give up the Principle. A Committee is appointed, to make Report of what Laws should pass this Session and what Things should be postponed, also to propose the Time of Adjournment. I believe there is a considerable [lined out] Majority in each House for adjournment in September—I wish I could also say that the Place where, was in Pennsylvania—Futurity will determine this Point. We have passed a Number of Laws—during the last Week—on Wednesday we shall take up the Amendments and I trust we shall offer such as will be acceptable to the good and honest on both Sides of the Question. you shall hear from me soon again. ALS, Coxe Papers, PHi. Addressed to Philadelphia; carried by William Irvine.
William Lithgow, Jr. to George Thatcher I wrote you last Week from Georgetown [Bath, Maine], and since my return from that place, I find many Persons, especially the mercantile characters, much dissatisfied at the idea of foreign Vessells being restricted to
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particular ports, where it seems they [ar]e alone permitted to receive and discharge their Cargoes—at present we are unacquainted with the particular reasons of this regulation, & are therefore unable to judge of it’s propriety as a general measure—I have however promised some Gentlemen in this neighbourhood to write you on the subject, and at the same time assured them that if the measure appeared to you improper on a general scale, they might depend on your utmost exertions in order to effect an alteration. you know the characters from of the eastern Members in our House of Representatives this year—perhaps some of them are aiming at popularity in the Legislature with a view of succeeding you at the next election of Representatives for Congress; but I believe my Friend, secure as you certainly are in the affections of the people, and the support & interest of your Friends you have little to apprehend from the effects of a few florid speeches on common subjects, especially when unsupported by talents of a substantial kind—we are told that the territory east of Piscataqua is to form a district in the judiciary department; if so it becomes a matter of speculation who is to be the Judge, but in this matter as in all others we rely on the wisdom and information of those who have the appo nomination and appointment. ALS, Thatcher Papers, MSaE. Written from Hallowell, Maine.
James Madison to James Monroe *** Your ideas on the proposed discrimination between foreign Nations coincide I perceive exactly with those which have governed me. The Senate did not allow that no effort should be made for vindicating our commercial interests, but argued that a more effectual mode should be substituted. A Com[mitte]e. was app[ointe]d. in that branch to report such a mode. The report made is founded on something like a retort of her restrictions in the W[est]. Ind[i]a. channels. It is now said that as the measure would involve an imposition of extraordinary duties, the Senate cannot proceed in it. Mr. Gerry alluding to these circumstances moved two days ago for a bill giving further encouragement to trade & navigation, and obtained a Committee for the purpose. What will be the result is uncertain. If the attempt added to what has passed should as it probably will, be made known abroad, it may lead to apprehensions that may be salutary. The attention of the H. of Reps. for some days has been confined to the subject of compensation. The bill is at length brought into its final shape. Much discussion took place on the quantum for the members of Congs. & the question whether it shd. be the same for both Houses. My own opinion was in favor of a difference founded on a reduction of the sum proposed with
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regard to the H. of Reps. & and an augmentation as to the Senate. As no difference took place, the case of the Senate and of the members from S. C. & Georga. had real w[eig]ht. agst. a lesser sum than 6 dollrs. which is higher than I had contemplated for H. of Reps. & which I fear may excite criti [lined out] not to be desired at the present moment. Yesterday was spent on a Message from the President relative to Indian Affairs & the Militia. Bills are ordered providing for a Treaty with the Hostile tribes, and for regulating the Militia. The latter is an arduous task & will probably not be compleated at this Session. ALS, Madison Papers, DLC. Inserts in angle brackets are supplied from William C. Rives and Philip R. Fendall, eds., Letters and Other Writings of James Madison (4 vols., Philadelphia, 1865), 1:489–90. Addressed to Fredericksburg, Virginia. The omitted text relates to Madison’s and Monroe’s speculative land venture in New York’s Mohawk Valley. For the full text, see PJM 12:326–27.
Theodore Sedgwick to Caleb Davis By the Fridays post I had the pleasure to receive your favor of the 31st. ult. All the consequences you draw from the impositions of duties of excise by the state legislatures are most undoubtedly just. But as yet we are hardly in circumstances to make the necessary arrangements for the adoption of a general system on this subject. Eventually all the state debts which were contracted for national purposes, must be assumed by the general government. Otherwise I cannot conceive how we shall ever become truly and in fact a nation. What more just, equal and liberal than that all the expence incurred for the attainment of a general purpose should become a general charge and paid by the individuals interested in proportion to the benefits which result? What more wise than in this instance to consider the state legislatures as the agents and factors for the joint concern? and what more candid than to suppose that in their respective negotiations they conducted fairly and honorably? Should then the effect produced be an unequal apportionment of profit and loss? On the other hand is there the least probability that any other principle can be adopted by which equal justice can be done? Will not the rejection of the demands made by some states and the allowance of those of others create resentment, animosity and all the evils resulting from them? Shall we with the feelings which will be hence generated be in a proper temper for united exertions and pursuits? This is a very important subject & I wish gentlemen respectable for their talents & patriotism would attentively consider it. At present we are not prepared finally to determine, we must have further experience of the impossibility of effecting a settlement of these very important concerns by the means at present persued, before we shall be
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prepared to adopt those measures which are dictated by the most important political considerations. I believe the President too strictly adhered to his system of generally appointing the persons in offices. There may certainly however [be] very important reasons for its being made a general rule. Most sincerely do I rejoice that the worthy respectable & virtuous Genl. [Benjamin] Lincoln has a place worthy his acceptance. It was an object very near my heart. ALS, Caleb Davis Papers, MHi.
William Smith (S.C.) to Edward Rutledge I feel myself much indebted to you for your observations on the Judicial Bill which have arrived in good time for me to avail myself of them—they in general coincide with my sentiments & I shall use my endeavours to promote the alterations you have suggested. My time is so much employed & I have so many Letters to answer that I am deprived of the pleasure of answering your’s fully & must defer it to another opportunity. Some of your objections have been in some measure obviated by the Senate who have made considerable alterations in the Bill as you must have observed by the Bill I sent you some weeks ago, as it passed the Senate. It has been the order of the day a fortnight past with us, but as we have had various other business we were desirous of terminating before we entered on this, we have postponed it from day to day & probably shall not go upon it for another week. The Committee on Amendmts. have reported some, which are thought inoffensive to the federalists & may do some good on the other side; N. Cara. only wants some pretext to come into the Union, & we may afford that pretext by recommending a few amendmts. There appears to be a disposition in our house to agree to some, which will more effectually secure private rights, without affecting the structure of the Govt. I am sorry our opinions differ so widely on the question of removability: had I not formed my opinion mine on very mature reflection, I should have had much reason to waver after reading your observations: your experience in politics & the unbiassed state of your Judgment, not warped by the warmth of debate as we were, [lined out] enable you to form a proper opinion upon the Subject: I am pleased however to find that your arguments go altogether upon expediency & not upon the constitutional right: my desire to guard the Constitution from the dangers of legislative constructions, (which may hereafter be productive of considerable injury to our State,
William L. Smith (S.C.) to Edward Rutledge, 9 August 1789, ALS, p. 3. (Courtesy of the South Carolina Historical Society.)
William L. Smith, by Gilbert Stuart, 1755–1828, oil on canvas, ca. 1795. (Courtesy of the Gibbes Museum of Art, Carolina Art Association.)
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whose representation in point of numbers is weak & unequal to that of any other part of the Union) animated me with a peculiar warmth of opposition. There are men of ingenuity in our house, whose tendency to establish a monarchical govt. & whose abilities to promote it would go great lengths in altering the constitutn. essentially were they allowed to give constructive powers to the Executive branch of the Govt. They acknowledge that the power in question is not explicitly given to the Presidt. but they contend that, as it is an Executive power, he must have it of course. It is not difficult to foresee to what this implication may hereafter tend, as there are several powers of an Executive nature not mentioned in the Constitution & not given to any branch, which every one will admit the Presidt. ought not to possess. Mr. Madison is a great friend to a strong Govt.—his great abilities will always give him much weight with the administration—I beleive he now is much in the confidence of the President & he will hereafter stand a chance of being President himself, in the mean time, he will be a leading man in the administration Cabinet Council. his mildness of character & a certain timidity which accompanies his political conduct render him unfriendly to a republican govt.—The Massachusets members were divided— but Ames & Sedgwick who expect soon to see Adams Presidt. & beleive they will then be prime ministers exerted themselves to carry the question: by their influence, Mr. Dalton, in the Senate, was brought over & made the numbers equal, & the Vice President gave the casting Vote. The influence the great body of the people in Massachts. have in their state govt. & the late insurrection of Shays co-operate to make those Gentmen. great favorers of monarchy: such being the state of things, it is a question of considerable importance whether the grant of such a power will promote the prosperity of our State: I am inclined to think not. Should Adams obtain the Presidency (& I dare say he will in a few years,) such is the infatuation of the New Engd. States in his favor, that I suspect he will have it for life: His ambition is considerable & his partiality to those States no less so. What chance then will a Southern man have of being appointed to an Office? He will nominate his own friends & should the Senate reject them, & compel him to nominate a person disagreable to himself, he will dismiss the officer so appointed on the first Vacancy recess of the Senate & supply the Vacancy himself; besides the Senate will be very seldom be disposed to reject any nomination made by the President, who having the thus the sole power, as it were of appointmt. to all Offices & the sole power of dismission, will be enabled to establish such a System of influence that his responsibility will be a mere shadow. All the great Officers of govt. will be his dependants, open-mouthed on all occasions agst. the Senate, should they ever pretend to differ with the Presidt. on any constitl. point, clamorous agst. any member of the other house, who shall presume to thwart the Presidt. him in any design. These Officers &
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their friends from one end of the Continent to the other will form a Phalanx, dangerous to any Competitor who may have the folly to be a Candidate for the Presidency; As they would very probably be all dismissed from office to make way for the favorites & creatures of the Successor, their interest would prompt them to use every stratagem to procure the re-election of their Patron & Creator. Every engine would be set to work—abuse of the Competitor— panegyrick of the Gentleman in office, bribery, menaces & cabals would all be employed & would undoubtedly succeed—Every Collector Naval Officer & Surveyor from New H. to Georgia, with all their relations & friends will be interested in his re-election. Contemplate the Subject in another point of view: It is generally thought that another President will never be elected, by Electors, because it is supposed that no man in Am[eric]a. (except our Presidt.) will unite the suffrages of a majority of the Electors: in that case the H. of Reps. are to make the Choice. The New Engd. States united will always carey their point—the Southn. states will stand no chance: The Cabal in the H. of Reps. will be interested in supporting the President of their appointmt.—this is natural—we are ashamed to acknowledge the injudiciousness of our choice & therefore, right or wrong, the Party who have brot. abut. the Election will on all occasions form a strong phalanx in the H. of R. in suppt. of the President—their friends will in return receive all the best Offices under the Govt.—it will be always an easy thing to remove the present Incumbents— calumny—detraction—whisperings will be successful—the Presidt. will dismiss, & the people will take it for granted, all is right—but admitting that they are dissatisfied—what can be done—impeach the President? for what? for exercising a constitutional prerogative—that would be idle indeed. This combination being established between this Monarch & his Treasy. bench, the next thing wod. be to cry down the Senate—alarm the People about Aristocracy, quote the Examples of Denmark & Sweden.1 If the Senate don’t crouch to the President—all his officers will set themselves to work to undermine their it’s authority & render them it despicable—if the Senate it is opposed to the H. of Reps. the Treasury Bench will reprobate it for thwarting that house which is the immediate representative of the People—it will be repeated (for it has already been said in Congress) that the H. of Rep. & the Presidt. are more nearly related to the People than the Senate—that the Senate are an Aristocratic body, their doors shut, voting for Officers in the dark mode of ballot—that there is no responsibility among them—that they don’t represent the People but the States—that the great danger is to be apprehended from that quarter & not from the President, who is the Man of the People (shall we say so of Adams?) that they will generally be the opulent men of each State & are therefore to be dreaded. Thus will that useful body be abhorred by the People & lose all its weight
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in the Govt.—thus will the Constitl. barrier against the tyrannical incroachmts. of the Chief Magistrate on the one hand & the intemperate proceedings of the popular branch on the other be pulled down & annihilated, & thus, finally will the whole powers of Govt. be absorbed by the Presidt. & his pretorian Cohort in the H. of Repress. You will say all this is supposition— true—let us agree then that in respect to expediency, much may be said on both sides—& proceed to examine the subject on its constitutional Ground. It is very evident that the federal constitution is a compilation of the State Constitutions: there are few clauses in it, particularly those which relate to the Structure of the several branches of the Govt. which are not copied nearly verbatim from the State Constitutns. The mode of appointmt. to offices by the Presidt. with the advice of the Senate is copied from a great number of the Constitns. where the Govr. & Privy Council or Council of appointmt. have this power. the Impeachment by the H. of Reps. & the trial of Impeachmts. by the Senate are also imitated from the Govts. of almost all the States—you will admit then that the rule of construction from analogy will here strongly apply—the federal Constitn. being then silent as to removability ([lined out] unless by Impeachmt.) the question occurs how are officers to be removed? you say, by the President—I then ask, can the Governor of any one State in the union remove an officer at pleasure? he certainly cannot. In one or two states, the Governor & Council appoint another officer, which operates as a supersedure (if I may so call it) of the person in office, but the Govr. alone, tho he can in some instances suspend, can in no one instance remove. In some of the States, an officer can be displaced only by impeachmt. in others by address of the Legislature, & again in others by the Govr. & executive Council. Examine the new Constitn. of Georgia, every clause of which relating to this question, is copied from the federal Constitution & tell me whether you think the Govr. of Georgia has this immense Power: I puzzled Mr. Baldwin not a little by asking him this question, immedy. after he had made a long oration to prove the constitut[ionalit]y. of this power in the President. Can there be two modes of construction, one for the Const. of a State & the other for the Constit. of the U.S. when the same words & sentences are employed? I think not: Mr. Baldwin was clearly of opinion that the Govr. of Georgia has not this power. But you will ask whether the Constitn. has vested this power in the Senate joined with the Presidt.—the Implication is certainly stronger in favor of the Senate, because they appoint, & it seems reasonable that they shod. remove, for the same judgment is requisite to determine whether one man should be removd. from an office as to determine whether another is fit to be appointed to it. Besides, the Senate, consisting of members from every State, may be deemed more interested in the continuing in office a proper man, than the President; & as the officer can be a countryman but of two of
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the Senators there is less reason to apprehend an improper spirit of favoritism & partiality in the Senate than in the President. the Senate may also be supposed to contain more general knowledge of characters than the Presidt.—they come from all parts of the Union, mix in Society & know the public sentiments, whereas the Presidt. lives recluse & converses only with a few favorites, from whom he will generally derive all his information of characters. Again, as the Presidt. & Senate jointly appoint, it appears that if there be any other mode of removal than by impeachmt., the proper mode shod. be to remove the officer by the appointmt. of another, which must be by the concurrence of the Senate. Here I will admit that some inconven[ience]s. might result from this doctrine, & therefore I gave in the house a very different interpretation to the Constitution in the House from those who contended on the one hand that the power of a motion belonged to the Presdt. alone & those who insisted that it was in the Presd. & Senate jointly: and altho my exposition was only supported by myself & Mr. Page, yet the friends to the former opinion confessed that mine was more consistent & more constitutional than the latter. Without adverting to expediency, but confining myself strictly to the Constitution, I contended that Officers could only be removed by Impeachment: I supported my opinion on these grounds: 1st. the Constit. says, “all officers shall be removed by impeachmt.” & in no part of the Constitn. does it say that they shall be removed in any other mode—expressio unius est exclusio alterius.2 2dly. this is conformable to the State Constn. for no officer can be displaced in any of the States, unless by Impeachmt. or by virtue of a power expressly given to the Executive Council or the Legislature, as in Pensylva. & Maryland; in the latter the Treasurers hold their places during the pleasure of the Assembly. 3dly. The mode of removal must be uniform; if it be given to the Presidt. alone in one case it must be likewise given in every other, & the [Federal] Convention could never have had it in contempln. that the Treasury should be so much under the immediate influence of the President as it wod. be if the Officers of that Departmt. held their places during his pleasure. 4ly. the Enumeration of the Powers of the Presidt. in the Constitn. is a direct & strong implication that he shod. have no other powers than those enumerated, because, if vesting him with the Executive power was of itself sufficient to convey all executive powers, the enumern. wod. be absurd. the same observation applys to the Senate. Had this power been in contemplat[ion]. how easy it wod. it have been to have added, after declaring that the Presidt. shod. nominate & by & with the advice & consent of the Senate appoint, these words, “& remove, when necessary,” all officers &ca. or after saying that the President should “commission all officers” add, “during his pleasure”: from the comparison with the State Constitutions & the omission of any such power, I am perfectly convinced either that there were in the Conven-
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tion men who wished this power shod. be vested in the President, but were afraid to give it explicitly, least the people shod. reject the Constitution & therefore left it to be exercised by implication, or that it was never [lined out] in the contemplation of the Convention: I have indeed heard it said that it was there understood that the Presidt. & Senate would appoint a new officer & thus supersede the old one: ALS, Smith Papers, ScHi. The remainder of the letter was written on 10 and 15 August and is printed under those dates. 1 2
See Izard to Rutledge, 24 June, above. The expression of the one is the exclusion of the other.
Thomas B. Wait to George Thatcher In one of your late Letters you mention the Compensations voted to the President, Vice president &c. and add “That in your opinion it they are too high by at least one third.” I am sorry to differ from you in opinion. But, my friend, I feel perfectly easy on the occasion. My fears have been, either that the Compensations would have been much higher—or, which would have been worse, much lower. The expence of our national government is not, as it now stands, nor ever can, while it continues the same, be considered burdensome on the people. What the king of Britain receives from his free subjects would alone maintain three, four, or half a dozen such Governments as ours. Had the Compensations been much higher—say double what they now are, the people might reasonably have been alarmed, not only on account of the expence to themselves—but because it would have put round sums into the pockets of their servants, sums which might have been appropriated to the most pernicious purposes—to Luxury and dissipation by some, and to bribery and corruption by others. Or, which I greatly feared, had the Compensations been for much Lower— so much lower, as in reality to have amounted to no compensation at all— the consequences—the antirepublican consequences might easily have been foreseen—In a very few years it would have operated to the total exclusion of nine tenths of those citizens who are now well qualified either for Senators or Representatives. None but the rich, the opulently Rich, could have taken a seat in either house. You, my dear friend, must either have resigned your seat, and come home—or tarried at Newyork and have starved! The Presidents compensation might have been less; but then I really think the Vicepresident’s ought to have been more. There is one thing, however, about which I must acknowledge myself at a loss—that is, the Speaker’s
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receiving a compensation equal to that of two Representatives. I would thank you to explain to me the reasons on which Congress founded this very extraordinary piece of business. Upon the whole, I think the Compensations, (except that of the Speaker; and that the V. pre[si]dent’s is too low) are about right—the President, Senators and Representatives are now put into easy, and no more than easy circumstances. I am From the contents of the letter to wh. this is in answer, I am led to to suppose that my discourse upon compensations is a little different from what you might have expected: But, my friend, if the Revenue Laws are but equal in their operation and the Duties duly collected, of what consequence will be a few thousand Dollars to this great nation? Your observations on appointments, and the motives that influenced you conduct when about to recommend the Candidates, are like yourself just and good—they are like yourself. What I said to him you with regard to Mr. [ James] Lunt was without his knowledge—you will please therefore never to mention it to him. But notwithstanding your injunction to the contrary, I could not refrain from shewing him your letter of the 26th ultimo, in which you make mention of giving in the names of Messrs. Lunt & [Nathaniel] Fosdick—my friendship, my unalterable friendship and love for you obliged me to do it— The desired effe[c]t was produced—The contents of that Letter convinced him of what others who are better acquainted with the writer have long known viz.—That he is an honest man. When speaking of Compensations, I forgot to tell you how extremely pleased I am that Senators and Representatives receive the same sums for the same services—this is right—it is truly republican. I am in fidgets concerning titles. It is true the words Most honourable, illustrious, Terriffick, &c. &c. may be very harmless; words but, when in my opinion, when proceeding from the mouth of a Republican, they are extremely ridiculous. How do the Southern and northern gentlemen agree? is there evidently a clashing of interests—I am anxious to hear your answers to these questions. If an illiberal and unaccommodating spirit is discoverabl[e] now—Men of consideration have reason to tremble, when and tremble they will, at the very glimpse of futurity. Rufus King is a man of genius—he is a favourite of fortune—Is he also a Studious man? But above all, is he a man of genuine integrity? Answer these two questions in the affirmative, and I shall not hesitate to give it as my opinion, that he will do credit to the state that gave him birth, and that he will prove a blessing to all the States in the union—His popular talents are prodigious.
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Mr. Ames I conceive to be an amiable man—and he is undoubtedly a great man. To tell the truth, my expections from him are very great—God grant that I may not be disappointed. You will please to understand that my expectations are wholly of a publick nature—I never saw Mr. Ames—nor is it probable that he will ever so much as hear of me. How happens it that the southern states produce such gigantick politicians? The great body of their people are certainly not so well informed as we Yankees—not because they are inferiour in point of abilitys understanding, but because their states are unfortunately divided into Counties, instead of towns—by which means they are deprived of the inestimable priviliges of Town Schoolmasters for Boys and Girls, and Town Teachers of Morality & Religion for Men and Women. I flattered myself, that the Members from the Northward would go to Congress and read political Lectures, to the very great edification of those from the Southward; But I have found myself, to use an expression of Sanco Panca,1 hugeously mistaken. My friend, how why have you been so remarkably silent? I have not heard of your mouth’s opening for six or eight weeks. But think not that I mean to censure you on this account—On the contrary—I commend you. Politicks is a Science to which you must of necessity have been a stranger—or at least to that part of it which respects navigation and commerce—and which has which has hitherto chiefly taken up the attention of Congress. When the Judicial System comes forward you will feel yourself more at home—Like a fish in water, or a bird in air, you will move with ease, because in your in own element. However, I fancy the Senate will finish the business, or nearly finish it to your hands. The amendments to the National Constitution are generally good; but my friend there is an essential omission; and which I wish you to attend to when the Committee’s report comes before the house. It is this: “That Congress shall have power to appoint the times, and places of elections.” &c. whenever any State shall neglect or refuse &c.—The addition of this last clause, if it does no good, can never do an injury to the Constitution; and you may rest assured that it will have a salutary effect on the minds of the people. FC, Wait Papers, MHi. Written from Portland, Maine. 1
Sancho Panza from Cervantes’s Don Quixote.
George Washington to James Madison Consequent of the enclosed resolution, I had a conference with the Commee. therein named yesterday, when I expressed the Sentiments which you also have enclosed.1
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I was assured by the Committee, that the only object the Senate had in view was to be informed of the mode of communication which would be most agreeable to the President, and that a perfect acquiescence would be yielded thereto. But I could plainly perceive notwithstanding, that oral communications was the point they aimed at. Indeed one of the Gentlemen candidly declared that a great object with him, for wishing this, was, to effect a viva voce vote in that body (he added however that he was not without hopes of accomplishing this without)—To this I replied, finding all three were opposed to the ballotting system, that nothing would sooner induce me to relinquish my mode of nominating by written messages, than to accomplish this end. Thus the matter stands for my further consideration. What do you think I had best do? I am willing to pursue that line of conduct which shall appear to be most conducive to the public good, without regard to the indulgence of my own inclination which (I confess, and for other reasons in addition to those which are enumerated, although they are secondary) would not be gratified by personal nominations. The period is now arrived when the Seat of the vacant Judge in the Western district is to be filled. Would Colo. [Edward] Carrington do you think, be pleased with this appointment? or are you acquainted with any professional character of fitness for the Office, South of New Jersey, that would accept it. I have had some conversation with Mr. Jay respecting his views to Office, which I will communicate to you at our first interview—and this, if perfectly convenient and agreeable to you, may be this afternoon as I shall be at home, and expect no Compy. ALS, Madison Papers, DLC. 1 For the resolution, see DHFFC 2:24; for the “Sentiments,” see DHFFC 8:756–57. The committee members were Izard, King, and C. Carroll.
Alexander White to James Madison I have not been long enough in this City to pretend to a knowledge of the [lined out] general Sentiments of its Inhabitants Those I have seen exclaim against the Salaries allowed our Officers, and make a particular handle of the 730 Dollars to the Door Keeper, they (Miers Fisher excepted) deem our own Wages too high, also the Salaries of the President and Vice President. in other Matters they express great satisfaction, Say the Revenue Laws are well drawn and think the Duties in general proper—Shew almost a child-
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ish anxiety for the removal of the Congress to this place and pretend to count Votes by States and by Poll, treat the Idea of fixing the permanent Seat of Goverment on Patowmack within a Century to come as too rediculous to [lined out] merit consideration, resting assured that whenever the Question is put, Dalaware [River] will be the place. [Andrew] Brown the Printer of the Federal Gazette waited on me—to apologis as I conceived for a Publication in his Paper animadverting severely on the Proceedings of Congress.1 His Apology amounted to this, that as we had merited abuse, it was better bestowed by a Federalist than an Anti Federalist—It is possible some letters may come to me by Post; I intended to mention this to Mr. Beckeley, and get him to inclose them for your direction, and Frank, but forgot it. I understand they will not come free to me when absent from Congress, must therefore request favr. of you. Present my Compliments to all the Gentlemen of our Club,2 It was with deep regret I left them, and the business of Congress unfinished. P. S. My proper direction is at Woodville, near Winchester, Virginia. ALS, Madison Papers, DLC. Written from Philadelphia. 1 The Federal Gazette for 8 August printed a letter from “A Despiser of all Republican Trappings” complaining about the House doorkeeper’s salary. 2 White lived with Madison, Brown, and Page, and Pennsylvania’s Hartley and Hiester during the first session.
From New York On this account1 Congress did not adjourn to Monday, as usual, but sat on Saturday. Something extra was expected; but on motion, the galleries were shut for the first time. The message, you will perceive, has reference to posts—if these should be established, forces must be raised. This idea suggested the propriety of shutting the doors. Whether any thing important transpired in the deliberation I have not heard; but as it is a very general sentiment that some immediate steps must be taken with respect to the Indians, there seems to be a prevailing opinion, that troops will be raised; in that case I shall suppose our friend — will be provided for to his wishes. Boston Gazette, 17 August; reprinted at Exeter, New Hampshire; Newburyport and Springfield, Massachusetts; Providence, Rhode Island; and Norwich, Connecticut. 1
The President’s message of 7 August; see DHFFC 3:137–38.
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Joshua Barney to Robert Lewis. ALS, Chamberlain Collection, MB. Written from Baltimore. Requests a copy of the Judiciary Bill [S-1] as passed by the Senate; Henry will frank it. Nathaniel Barrett to John Langdon. ALS, Langdon Papers, NhPoA. Written from Boston. Office seeking; requests inquiry of Tobias Lear on “any probable Chance of Success”; will be in New York City the first week of September. Benjamin Lincoln to Theodore Sedgwick. ALS, Sedgwick Family Papers, MHi. Written from Hingham, Massachusetts. “The interest you have always discovered in what ever nearly concerned me has filled my mind with the warmest sentiments of gratitude. I can only thank you over & over again.” George Lux to George Read, Jr. ALS, Rodney Collection of Read Papers, DeHi. Written from Baltimore. News of the death of Mrs. Elizabeth Biddle; asks that the letter be forwarded to the Senator. Philip Schuyler to Catherine Schuyler. ALS, Schuyler Papers, NN. “My health is mended; my joints are much less rigid and the obstruction on my water is greatly lessened.” George Thatcher to Sarah Thatcher. ALS, Thatcher Family Papers, MHi. Pleased at reports of daughter Sally; plans for returning his trunks, although it appears the adjournment “will be further off, by two or three weeks, than what I expected—tho I have no idea that it will go beyond the middle of September.” Jeremiah Wadsworth to Harriet Wadsworth. ALS, Wadsworth Papers, CtHi. Addressed to Hartford, Connecticut. Says Peter Colt told him Harriet’s mother has not yet arrived; Daniel Wadsworth is at Philadelphia and is so well pleased that he expects he will stay some time.
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Monday, 10 August 1789 Very Hot (Johnson)
Francis Cook to George Thatcher Not having had the Pleasure of a personal Acquaintance with you Mr. [Silas] Lee does me the favour of enclosing this to you. I would inform you Sir, that by some hints you gave in a Letter to Thos. Rice Esqr. which he shew’d me, it appears that this is to be a Port of Entry only for Vessels not exceeding thirty Tons—Should this take place, it will Eventually ruin this Port, as the most of our Trade is in Exports of Timber &c. to Europe, for which in return they bring small Quantities of Bale Goods, Salt &c. And for large Vessels to have to go to Boston or some other Port, for Entry of Such small Quantities would be a great Embarrasment of Trade, and Cause a great deal of Smuggleing. Considering the largeness smallness of this Port there is not any one Port in this Commonwealth of more Foreign Trade. It is at present a growing Port, but should this take place it will be the Ruin of this Port—I doubt not Sir but that as a Member of that August Body, you are dispos’d not only to seek the General Good, but also that of every Constituant Part, and that this will claim your Attention Among the rest of the Ports. I would inform you Sir that my Brother was the first person who made an Effort to get a Naval Office Established here—and that I was the first And only Naval Officer who was ever Appointed in it—I hope you will not think that I am wholly Governed by selfish motives in what I have Written above, when I request that you would use your Influence to procure me the Naval Office at this Port under the new Establishment As I have ever Setteled my Accts. to the Satisfaction of the Compt. Genl. [Leonard Jarvis] And as what I have written is the Opinion of all concern’d in the Mercantile Line here. ALS, Thatcher Papers, MSaE. Written from Wiscasset, Maine. On this date, Cook sent a similar letter to Goodhue (ALS, Letters to Goodhue, NNS. Written from Pownalboro, Wiscasset Point, Maine).
William Ellery to Benjamin Huntington I have received your letters of the 25th. and 28th. of July, and the letters which you sent by the fat gentleman. Such a motion as that which you mention would embarrass our Antifeds exceedingly, if it should not produce a speedy decision for or against the new Constitution.
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What effect the accession of No. Carolina may have upon this State—I cannot positively say; but it is still the opinion of those who are better acquainted with it than I am, that the majority will hold their opposition as long as they can export their productions and manufactures into the United States free of duty. The patience of the Feds hath been fully exercised, and patience is a virtue which is apt to be fatigued with exercise. However as there is a prospect that measures may be adopted which will work out their deliverance, they will, I trust, hope for the best, and bear with firmness the insults and injuries they must sustain. *** The articles of amendment you referred to, are I find reported. I hope they will be adopted, and that the mal-contents may be satisfied. They are indeed harmless. Whether the different treatment our commerce receives from the French and British would have justified a discrimination in favour of the former I would not now presume to say. Congress have determined upon that point; and I am adverse to every species of war; but that our vessels should be excluded from British ports in the West Indias, and that their ships should be admitted into the ports of the United States is not altogether compatible with my ideas of reciprocity. However it must be right, and we shall draw a considerable revenue from their trade with us; which at present is of an object of magnitude. An ability to pay the interest of our foreign debt, and to sink annually a small part of the capital, with the complete establishment of the NewGovernment, and of the various manufactures now on foot, would in a few years render us intirely independent, and enable us to speak to the haughty nations of the earth in a tone which it might not now be prudent to assume. When I contemplate the growth and the rising honours of America I feel and inexpressible exultation. May no fondness for European connections, no diplomatic pride, no ideas of powerful fleets and armies engage us her in foreign quarrels, involve her in debt, and check her progress in the road to glory & felicity. May she rise gradually, firmly and uninterruptedly! *** ALS, Bright Collection, NRom. Written from Newport, Rhode Island. Part of the omitted text relates to Ellery’s federal office seeking.
Jeremiah Fogg to Nicholas Gilman At a meeting of our society of Cincinnati a number of the Gentlemen deposited some money in my hands with a view to obtain Diplomas and re-
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quest it may be done thro’ your agency and especially under the Presidency of Genl. Washington as no other signature will satisfy many of us. *** We are exceeding happy to hear that Congress are so happily united in the pursuit of one Object and all distinctions of Party are so far out of sight. The Revenue System will in general please especially since the reduction on Molasses—the first proposals of 5 or 6 Cents would have disheartened these Eastern States to a great degree—Our domestic debt is a Matter that Congress, I suppose think prudent not to Meddle with at present, but we old soldiers are looking forward with pleasing anxiety to the day when the great Legislature shall find it expedient to reward those Creditors by whose exertions the Nation now exists and they themselves placed at the head. The System of Facilities1 has hitherto facilitated rather too much on one side owing probably to the Mode of absorbing them—I hope our finances will soon admit of a more righteous and satisfactory way. ALS, Dreer Collection, PHi. Written from Kensington, New Hampshire. The omitted text lists the names and ranks for filling out the diplomas or certificates. 1
See Gerry to Warren, 10 July, n. 1, above.
Peter Muhlenberg to Benjamin Rush Since I wrote You, on the 22d. of July, I have not been Honord with a line from You. The Members since that Time talk seriously of adjourning, & many flatter themselves to bring it about by the beginning of Septr. I confess I am not one of the number, from the business now before us; & The business which The President will probably bring in, I doubt if we shall be able to adjourn before the beginning of October: The prospect however of an adjournment has again brought on the carpet, The important question for removal from this place, and tho’ it has not yet come formally before The House, it is much agitated in private. I now beg leave to communicate to You in confidence, what is passing on this subject, and request Your Sentiments on The subject—The places held up to view at present as The Permanent Seat of Congress; are George Town on Powtomac—York town—Lancaster—The vicinity of Philada. and the Falls of Delaware. The Southern Members are strongly attached to The Potowmac, & tho’ there is no probability of their carrying it, yet it operates against us in another way. They have been led to believe, that if The Permanent Seat is fixt at present, They will be forever deprivd of the chance of carrying their object, but That if They continue here, an Opportunity may still offer to gain Their Point. On this Principle many of The Southern Members, when The Question on The Potowmac is lost, will vote for New York. This
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has made it necessary to proceed on a different plan from that which we first intended We have promulgated the idea—That the Potowmac is more Central than New York, & that as it will be more Beneficial to Pensylvania to have the Seat of Congress at George town than at New York That the Delegates from Pensylvania, will, if They can not carry it, to that State, vote for George town in preference to New York. This has had the desired effect. The Eastern Members will prevent it by joining with us, rather than to go further South—but now the Question remains, If in Pensylvania, where! To Yorktown I object—it is on the West side of The Susquehanna—in the Winter the communication is entirely cut off with the main Part of The State, & in my Opinion it would tend to aggrandise Baltimore to the Prejudice of Philada. The Vicinity of Philada. would be the general wish of the Delegation, but prejudices prevail agt. it, to such an extent, that there is no great probability of fixing it there. The Contest then will lay between Lancaster & The Falls—but which will be of most Benefit to The State. If in Lancaster, will not Philada. reap the Benefits solely? & if at The Falls, may not Philada. be rivalld! great interest is however making for The Falls—& to interest the New York and Jersey Members—The river is to be the Centre. & the Ten Mile Square is to extend equally into Jersey and Pensylvania. As the Mail will close imediately I have been oblig’d to write in a hurry, and shall only request your Opinion as soon as possible, as this Week will probably put the matter in Motion. A private Committee, of which I am one, has been appointed by our Delegation, to form a plan, grounded on the best information we can obtain—whatever you are pleased to say on the subject shall with me remain secret. ALS, Gratz Collection, PHi. Addressed to Philadelphia.
John Ross to the New Jersey Senators On fryday the 7th. Inst. I had the honour to receive (by and with the advice of the Senate) his Excellencys Commission appointing me Collector for the Middle District of the State of New Jersey accompanied with the law to regulate the collection thereof—In which law it appears there is also a Surveyor to be appointed for said District—who is to reside at Little Eggharbour—If the appointment should not have taken place before the reception of this—I take the liberty to suggest the propriety of the officer so appointed residing at or near Clam Town a Village so called in the Township of Little Eggharbour—being nearly central to the District—and a situation that commands a prospect of by far the greater part of the sames meaning its Bays and Sea Coast—Mr. Ebenezer Tucker the bearer hereof who resides there, will be able (if requisite) to demonstrate to you the same—by his having a
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particular knowledge of the Coast from Barnegat to Brigantine; which two Inlets are the two extremes of the District—he also has a great knowledge of the Characters Manners & dispositions of the Inhabitants within those Bounds—[lined out] from these circumstances permit me to recommend him as a Gentleman suitable to fulfil that Office. *** ALS, Washington Papers, DLC. Written from Burlington, New Jersey. The omitted text continues Ross’s recommendation of Tucker.
William Smith (Md.) to Otho H. Williams Yours of the 4th gave me the pleasing information, that Williams hand was Safe, & allmost well, but I am somewhat surprised that you had not recd. from me any letters, later than the 27th ulto. I have I think uniformly wrote you at least twice a week & sometimes thrice, but I well remember having wrote on friday the last of July, & why you had not recd. that letter on Tuesday I cant conceive—To prevent the confusion you mention respecting the impost, A motion was made in our house for leave to bring in a bill for Suspending those laws till the 15th Instant or 1st. of Septemr. which failed—the house was equaly divided on the question, & the Chair man [Boudinot] decided against the motion, which I thought wrong before a majority determined otherways—The bill for Registring Vessells & regulating the Coasting business, not yet passed in the Senate. This day a committee from both houses meet to report, on Such business as may be Judged absolutely necessary to be taken up this Session, &, at what time an adjournment Shall take place I hope it will be in [lined out] September, although, I have Some reason to believe there are many members, in both Houses, that would rather continue the Session during the coming Winter & will of Course oppose the measure. There has been only one man, a Mr. [Benjamin] Fishbourn of Georgia, Negatived, or even Objected to of the list Nominated by the President. The Trasury bill not yet passed, the Senate Struck out the Clause giving the President the power of removall, our house Adhere, & have Sent back the bill, a conference, I Suppose will be the end of the business, but how it will terminate I cant Say, I believe however that we are determined. ALS, Williams Papers, MdHi. Addressed to Baltimore.
William Smith (S.C.) to Edward Rutledge It is very certain that had the matter power been agitated in [Federal] Convention & there understood to be in the Presdt. alone, we shod. have
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been told it in the debate. For these & other reasons which I have not leisure to detail I am of opinion that constitu[tionall]y. an officer can only be removed by Impeachmt.—to this, doctrine it was answered that the most alarming inconveniencies wod. result from such a doctrine, because even a tide-waiter wd. only be removed only by Impeachmt. which wod. be absurd, & that it wod. be dangerous to liberty to give to the officers of govt. so durable a tenure as that of good behavr. & that moreover it was agst. the Constitn. which only contemplated such a tenure as applicable to the Judges. I rescued my principle from these defects by stating: 1st. that my doctrine wod. not extend to a tide-waiter, because Congress wd. by Law vest the appointmt. & conseq[uentl]y. the Removal of all inferior Officers in the Presidt. alone. 2. that it was easy to limit the duration of the great Officers by making their appointmt. biennial or for a longer period as is done in all the States which the Congress might do, when they established the Offices. 3d. that the Constitun. by declaring that the Judges shod. hold their places during good behavr. intended to prohibit Congress when it instituted the Judicial Departmt. from making their appointmts. limited, as they are in several of the States, for to a term of years & manifestly shewed that the Executive officers might be limited: my conclusion therefore was that with respect to all inferior officers a Law shod. pass vesting the appointmt. & removal solely in the Presidt. & that the great & principal Officers of Govt. shod. be appointed for a limited time, during which they can shod. only be removed by impeachmt.—If you read the constitutn. with attention & compare it with that of the States, you will be of opinion with me that however expediency may dictate another principle, this is the constit[utiona]l. line of proceeding. I observed some time ago that our State shod. be extremely cautious how any innovation is made in the Constitn.—at present we know what govt. we live under & the Extent of the Sacrifice made—our State Conv[entio]n. perused the federal constitn. & concurred in it, as it stood. While it remains unaltered, we may not have no reason to apprehend any incroachments on our State-rights—but if on the other hand, it is in the power of a few ingenious men & able orators to new-model the powers of the govt. by construction & implication & give it a different shape from the one it had when we adopted it, there’s no saying to what lengths these alterations may be gradually carried in time: I observed that our State is weak in the Union—it certainly is—we have no state to support our peculiar rights, particu[larl]y. that of holding Slavery, but Georgia: She will be generally represented by men of moderate abilities—indeed I fear the smallness of the pay will not entice our best men to make the necessary sacrifices & come to Congress: No. Cara. voted with the other states agst. us in Convention:1 Virga. is our greatest enemy. the other States are all agst. us; but while the Constitn. remains unaltered, they can’t touch our negroes for 20 years & per-
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haps not constitutionally after that time; for I shall support the Amendmt. proposed to the Constitn. that any exception to the powers of Congress shall not be so construed as to give it any powers not expressly given, & the enumeration of certain rights shall not be so construed as to deny others retained by the people—& the powers not delegated by this Constn. nor prohibited by it to the States, are reserved to the States respectively; if these amendts. are adopted, they will go a great way in preventing Congress from interfering with our negroes after 20 years or prohibiting the importation of them. Otherwise, they may even within the 20 years by a strained construction of some power embarass us very much. I had this in contemplation not a little, in my opposition to the Legislature’s giving judicial constructions on the Constitutn. I have read your observations on the Judicial with attention & having somewhat more time than I thought I shod. have had at the outset of this Letter will briefly acquaint you what impression they have made on my mind. 1st. Objection to the District Judge holding special Courts. Ansr. occasions may occur when they may be very necessary. The Seizure of goods—a Ship—which it may be proper & expedient to condemn forthwith—a crime committed on the High Seas—& the witnesses, who are Sailors, about to depart—you recollect that the District Court is a Co[ur]t. of Adm[iralt]y.—The Judge will not hold them unnecessarily on accot. of the additl. trouble—Great inconv[enience]s. might ensue, if he had not that power—if it is found oppressive, the Legislat[ur]e. can remedy it. The District Court has no material Jurisdiction beyond maritime causes & causes of Seizure; theref[or]e. the dangers cannot result which you apprehend. nor can there be apprehensions from the Judge’s power to remove hold the Court where he thinks proper for the above reasons—On the mode of adjourning the Co[ur]t. where the District Judge does not attend, I entirely agree with you & had made a note similar to your’s before I saw your observation. The Senate have altered the Clause respecting Quakers, conformably to your Sentiments. The Trial of fact shall be by Jury. As the Bill has been alter’d by the Senate, it stands now “the trial of issues in fact” shall be &ca. In general the Law as well as the fact shod. be left to the Jury—but when we consider that the causes triable in these Co[ur]ts. will generally turn on the Laws of nations, the construction of Treaties, on the clashing rights of different states, on the interests of foreigners, agst. whom that order of people of whom our Juries are formed is generally prejudiced, on the interests of citizens of another state than that in which the cause is tried, in which case the Jury will be partial to their own immediate fellow-
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citizens & perhaps acquaintances, a question may arise (& I confess my opinion is not settled) how far the Senate have not been judicious in leaving the Fact alone to the Jury, more especially as there is no appeal of fact to the Supreme Co[ur]t. but only of Law— Retrospect as to Contracts: I have sometime since sounded the Members on this point, but they generally disapprove of the restriction: less danger will result from a general operation of the Law than might have been apprehended; the establishmt. of Circuit Co[ur]ts. will facilitate the trial of causes in the States where the debts may be due & by Juries of those states; & there is no appeal of fact—the Sum for which Writs of Error will lie to [torn] Cot. may be a large one. If the Defendt. claims under a Grant of another State: Your objection is that the Pl[ain]t[iff ]. shod. have the same right: The alteration has been made in the Senate, conform[abl]y. to your opinion. Suits agst. Ambassadors— I agree with you in your The United States not to pay costs— observns. on these 2 points. Where is drawn in question the Validity of a Treaty &ca. you think the appeal shod. be reciprocal—I have seen some observations from Mr. [Edmund] Pendleton of Virga. on the Jud. Bill & he makes precisely the same objection. The reason on wch. the Clause is grounded is that a citizen can’t complain if his own State Court decides agst. him; that this Bill does not put him in that respect in a worse plight, than he was before: on the other hand the Clause is absolutely necessary for the preservation of the federal governmt.—there is much weight in your observn. & I am not clear but you are right: my opinion is not fixed. Mr. Elsworth who was principally concerned in drawing the Bill is a Judge of the State of Connecticut of much reputation for legal knowledge: he is a man of remarkable clearness of reasoning & generally esteemed a man person of abilities. I met him last night & took notice of some of your objections which he endeavoured to refute. He observed that the [ federal] convention had in view the condition of foreigners when they framed the Judicial of the U. States. The Citizens were already protected by [torn] Judges & Courts, but foreigners were not. The Laws of nations & Treaties were too much disregarded in the several States. Juries were too apt to be biassed agst. them, in favor of their own citizens & acquaintances: it was therefore necessary to have general Courts for causes in wch. foreigners were parties or citizens of difft. States; hence arises this partiality which offends you: perhaps it may be car[rie]d. too far. The mode of drawing Jurors shod. be according to the customs & Laws of the sev[era]l. states: Mr. Elsworth seemed to have no objections to that, but remarked that a very ignorant Jury might be drawn by Ballot.
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Special Jury in appeals to the Supreme Court: There is no appeal of fact to the Sup. Co[ur]t. The Return Days ought to be fixed in the Act: I will mention this. I have not much considered this point. I shall do every thing to serve Capt. [William] Hall, when an opportunity offers—at present there is nothing that will suit him. I sent you the Judicial Bill as it passed the Senate—if you have leisure, send me your opinions of it, which may arrive before we pass it. I dined in company with Henry [Rutledge] yesterday—he looks well & likes his Situation much. This will be delivered you by Mr. John Marsden Pintard, who has a Law Suit in Charleston. Mr. Boudinot, his uncle has requested me to recommend him to a Lawyer of Eminence; I therefore take this mode of introducing him to you: he is a gentleman of good connexions in this City. I have much more to say, but no more time. [P. S.] Mr. Pintard has altered his intention & does not go to Charleston. ALS, Smith Papers, ScHi. Other parts of the letter were written on August 9 and 15 and are printed under those dates. 1 South Carolina cast the only vote at the Federal Convention on 28 August 1787, against what would become Article 4, section 2, paragraph 1. Charles C. Pinckney spoke against the clause because he perceived it did not adequately protect the holding of slaves as property, perhaps by explicitly exempting slaves from “all the Privileges and Immunities” that the citizens of each state were entitled to “in the several States” (Farrand 2:443).
Thomas Thatcher to George Thatcher *** You seem to be sorry that I had not wrote you before respecting the ports of Entry—& more especially that it would be agreeably to me to reside in the Town of Barnstab[l]e—As for Yarmouth’s being a port of entery I shall say nothing about that; for as there is no part of the world that is better calculated by nature for the smugling business than Cape-Cod in general & Yarmouth in perticular—& as this poor Town is never allowed to have any privilage but what is stollen I fear there will be sad work done, but you may depend on haveing one stanch friend, for government—for as I lost Seven years in the course of the war; I shall not begrudg the loss of a few days, now & then in detecting elicitt treaders that look more at their own gains than at the good of the publick. Respecting the collectoryship dont think that I am in the least disappointed. for as I said in a letter before I should have never have thought of it
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if I had not been after reminded of it by the first charactere in the county— & if it had been necessary I cou’d have had every officer in the county both civile & military to write in my favour; except them that write for them selves—but as things now stand you may do me a kindness. In my last letter I recomended it to you to heave your influence in to the scale with for Mr. [ Joseph] Otis or [Sturgis] Gorham upon certain conditions—& you say it is probable that one of the sd. Gentlemen will obtain there wishes—& from what is wrote above you may easily see That it is necessary that a Deputy should be appointed in Yarmouth or Barnstable—& from your assuring any either of the Gentleman that they may depend on you favour in future, they will appoint any person that you shall recommend provided they can be well recommended. Why an’t Doctr. [Samuel] Savage among the candidates it is an office that is worthy of any Gentlemans attention—as 3 or 4 hundred dollar pr. Annum is not easyly got & I beleave there is business enough in this Destrict to bring in that much. & a man that’s possest of more marvel honesty—& that would be faithfuler in his office there is not in this world—you will say he was for me— true because that he thought I was Elligable for the office—or he would I beleave am shur sure have bestird himself. Dr. Brother if what I have now wrote is no offence—you may be assured I never will take up your time in shuch an impertinent manner again. ALS, Thatcher Family Papers, MHi. Written from Yarmouth, Maine.
George Washington to Pierce Butler I thank you for giving me the perusal of the enclosed letters. The business respecting the Indians is now before Congress. It would be well if the information concerning fugitive Negro’s could come forward specifically. Judge [William] Drayton’s name shall be placed among those who will come under consideration when nominations for the Judiciary are taken up. FC:lbk, Washington Papers, DLC.
Letter from New York to [Benjamin Fishbourne] I have the mortification to inform you of the ill news of your disappointment in obtaining a commision in the Customs for the Port of Savannah. You were nominated by the President, and warmly supported by Mr. Robert Morris, who is your friend indeed; but objected to by Mr. Gunn and Mr.
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Few. They were frequently called upon by your friends in the Senate for their reasons: Gunn urged nothing of any consequence but personal invective and abuse. I shall in my next communication to you make it a point to be very particular in what he has said, and be assured, my friend, I will lose no time in giving you the earliest information. The President, Gen. Washington, was so particular as to give his reasons to the Senate for nominating you, all of which were honourable, and much to your reputation, and would have been admitted, but for him, who appeared with all the warmth of one divested of publick consideration, and whose conduct strongly marked the illiberality of his mind and rancour of his heart. Gunn and Few have gained nothing by this maneuvre, and I am happy to say their conduct will have no weight with your friends in depreciating your responsibility or integrity, for you are far better known than either of them on the broad basis of publick transactions during the revolution, from the commencement to the end of the war. Bear it, my friend, with that firmness I know you to possess, and when you meet him, let it be with the strictest perseverance, supported by the consciousness of never having in the smallest instance injured your country. [Savannah] Georgia Gazette, 27 August; reprinted at Charleston, South Carolina.
Other Documents
James Bowdoin to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. Office seeking: John Lowell for associate justice of the Supreme Court, in place of the rumored nomination of William Cushing, whose resignation from the Massachusetts Supreme Court would occasion the resignation of most or all of its other members. Stephen Higginson to John Adams. ALS, Adams Family Manuscript Trust, MHi. Written from Boston. Appointing William Cushing to the Supreme Court will have an evil effect on the state supreme court; everyone supposed John Lowell would be appointed and he should be. Ralph Izard to George Washington. AN, Item 78, 13:419, PCC, DNA. “The Committee will have the honor to wait on you this Evening at Six o’clock.” Leonard Jarvis to George Washington. ALS, Washington Papers, DLC. Written from Boston. For the full text, see PGW 3:411. Office seeking: state or district superintendent of revenue; mentions the members of the Massachusetts delegation as references.
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James Madison to Alexander White. No copy known; acknowledged in White to Madison, 25 August. John Pickering to John Langdon. ALS, Langdon Papers, NhPoA. Written from Portsmouth, New Hampshire. Acknowledges receipt of Judiciary Bill [S-1], on which subject he had written some remarks; poor health prevented him from adding more; is glad that New Hampshire is a separate district under the bill; looks forward to Langdon’s visit in September. Philip Schuyler to Henry Glen. ALS, Schuyler Papers, NN. Office seeking: promises to support him for any federal appointment in northern New York State worthy of him; as to Glen’s accounts, recommends applying to “such officer as may be charged with settlement of Accounts” when that takes place. Extract of a Letter from New York. [Boston] Massachusetts Centinel, 19 August; reprinted at Exeter, New Hampshire. Expected to hear members of the House address each other “in the genuine style of the Quaker . . . but I was disappointed—‘The Honourable Gentleman last speaking’—‘My Honourable Colleague,’ &c. have been constantly echoed and reechoed in the House every day since I have been here; and even by some who, I have been told and read, have declaimed the most violently against titles.” [Philadelphia] Federal Gazette, 10 August. White left for Virginia in the morning.
Tuesday, 11 August 1789 Extremely Hot (Johnson)
Pierce Butler to James Iredell *** Am I to hope for the satisfaction of seeing my friend on the floor of the Senate? The Southern interest calls aloud for some such men as Mr. Iredell to represent it—to do it justice. I am almost afraid to enter on the subject of the Constitution, yet I will confess to you, from whom I can conceal nothing, that I
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am materially disappointed. I find locality and partiality reign as much in our Supreme Legislature as they could in a county court or State legislature. Never was man more egregiously disappointed than I am. I came here full of hopes that the greatest liberality would be exercised; that the consideration of the whole, and the general good, would take place of every other object; but here I find men scrambling for partial advantages, State interests, and in short, a train of those narrow, impolitic measures that must, after a while, shake the Union to its very foundation. I once fondly thought that we should by our example contradict the assertion of Mr. Gillies, the Grecian historian,1 and evince to the monarchies of the East, and mankind in general, that there can exist such a thing as a free, tranquil, and happy Republic, securing to the individual his dearest rights. But, indeed, I am more than short-sighted if we shall do so, unless we very soon turn from the recent error of our ways, and determine to feel for all alike. I write freely to you, but my opinions are only for you. Perhaps I am something like the fox in the fable, having lost my own tail, I wish North Carolina to do likewise.2 I confess I wish you to come into the confederacy, as the only chance the Southern interest has to preserve a balance of power. Col. [William] Davie and Mr. Williamson can witness for me that I was strongly federal; and that I conceded many points for the purpose of bringing about the Union, and a form of government less exceptionable than that of the old Confederation, where every power was centred in one set of men; but I could not suppose that those concessions would be so soon abused and taken advantage of.3 Yet so it is; the acts of Congress will speak for themselves. I inclose you some of them. Pray give me your opinion of the Judiciary, Tonnage, and Impost bills. Some gentry proposed in the Impost and Tonnage bills some regulations with a view of forcing North Carolina into the Confederacy; I opposed it; I told the House you might be led, but not forced. If you wait for substantial amendments, you will wait longer than I wish you to do, speaking interestedly. A few milk-and-water amendments have been proposed by Mr. M[adison]., such as liberty of conscience, a free press, and one or two general things already well secured. I suppose it was done to keep his promise with his constituents, to move for alterations; but, if I am not greatly mistaken, he is not hearty in the cause of amendments. It is at the moment I write as warm as I have felt it in South Carolina. Will you be able to decipher this? I write in much hurry, without being able to look over what I have wrote. You will be pleased to recollect it is for yourself, and not the public. Iredell, 2:263–65. A portion of the omitted text praises Iredell and states, “I am unfortunate in the miscarriage of your letters.”
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John Gillies (1747–1836) authored a popular History of Greece (2 vols., London, 1786). In Aesop’s fable, a bobtailed fox tries to disguise his deformity by urging his fellow foxes to shed their own ugly and inconvenient tails. 3 Butler is referring to his service in the Federal Convention in 1787. 1 2
Benjamin Goodhue to Samuel Phillips, Jr. Nothing very material has occurr’d lately excepting the appointment of the revenue Officers, which I trust will be as generaly acceptable as could from the nature of the bussines been expected, and the bill relative to the compensations to be made the members of both Houses with their Officers, which is far greater then the circumstances of the Union will justify, the necessity of the case require or the sentiments of the great body of the people approve and what I expect will give general discontent Our delagation, (Gerry excepted,) have done all in their power to prevent this profusion of public money, but without effect, and it was thought by consulting together and espeacialy with our worthy friend Mr. Strong, that We should be lacking in our duty, if the yeas & nays were not [called?] [torn] passing of the bill, accordingly so moved that they mi[ght] be called, and to the astonishment of every one, after what had been said, by Gerry, he thought it prudent to join the minority—he was throughout the whole bussines as warm an advocate for those high grants as any member of the House and was exceedingly angry at our wishing to have the yeas and nays and even was so indelicate as to charge us of being influenced by views of popularity and yet afterwards gave his negative to the bill—in short he has as high notions of profusive grants as any person I ever knew, and has manifested such an illiberal and ugly a disposition since he has been in Congress that I believe no man has fewer friends then Mr. Gerry—he has lately brought forward a motion which lays on the table for us to be provided with a large and expensive library; [torn] while while W[e] have the offer’d use of a good library from the C[orporation of?] N. York1—I am so well acquainted with the industry necessary to be used by the people of America for their support and the little surplussage they have for public purposes that I am much alarmed at the ideas of what I call prodigality which prevail among our rulers, and I know there must be a check to such exorbitant grants sooner or later or we must give up the thoughts of being able to maintain a national government, and I beleive no measure will be so well calculated to correct those errors as holding up to the world the names of those persons who advocate such grants, for the ill humour which was discover’d by our calling for the yeas and nays is an indubitable proof that they were apprehensive they should not be able to justify themselves to their Constituents—For there is even in this City no small clamour on the occasion.
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W[e have a?] Committee of both Houses to consider and report [the] bussines [nece]ssary to be acted upon previous to a recess and the time when We may adjourn, and it seems to be the general opinion that We may be up in 4 or 5 weeks, which I most ardently wish we may realise—the subject of amendments will come under consideration tomorrow, and the principal part of those reported will probably be accepted, but I confess I feel but a small encouragement to endeavour to reconsile the people to the Government by proposing amendments if the revenues of the public are to be squander’d in enabling hungry mendicants to riot in luxury and profusion—Otis, much to his shame after being by our interest he is provided with a living, has hinted that We wish to starve him. [P. S.] Members having their Coaches and families here is a great hindrance to the practise of Œconomy, inter nos. N. B. I have since heard one of the majority say that Gerry told him that the sums were so paltry in the bill was the reason why he gave his vote in the negative. I speak freely of him but would wish my name may be kept out of sight. ALS, Phillips Family Papers, MHi. 1 The 3,000 volume collection of the New York Society Library operated, with Congress’s prior approval, out of the third floor southeast corner chamber of Federal Hall beginning in June 1789. See also DHFFC 8:653.
Thomas Martin to John Langdon *** I observe what you say respecting the latter part of my letter by Mr. Dickman, indeed sir I had no design but of a familiar Joke not having entertained the most distinct idea of any place under Government, but your friendly remembrance of me has it seems surprized me into an Office for which I thank you, and esteem the Obligation as though the most Advantagous post in the Union had been procured, I accept it with sentiments of Gratitude to every Gentleman whoes consent was essential, and while I keep it shall endeavour to Act in a Consistant line of Duty. The Officers of the Customs seems rather in the dark respecting their procedure as the Impost Act, & some others essential have not yet been Officially transmitted to them, and particularly What is to be done with those entrys which have been made since the first instant and this day, When no Officers were Appointed—probably they will not be long without those documents, & perhaps some particular instructions—Will the dutys take place on the first instant upon such importations as have been Admitted to
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an entry already completed, or will they take place on the the same our [illegible] day, throug[h]out the Union when all the States have their Officers completed which Cannot Yet be the case at Georgia? We shall undoubtedly know more of it soon—those Queres naturally arise from the first Blush of the Scheme. ALS, Langdon Papers, NhPoA. Written from Portsmouth, New Hampshire.
Robert Morris to Richard Peters *** I do not mean an engagement by Promise to the party for I have made very few if any such, but when I have fixed in my own Mind, that the pretensions of any one Man to a particular office are preferable or stronger than those of any other that I know or have heard of, or in cases where I think The abilities or Circumstances of any one Man will enable him to render to the Country more essential Services than any other, I am engaged in my own mind to give preferrence in such cases, and I think you will approve of this Kind of preferrence and engagement. *** I do not think you are in any danger of having the next Session of assembly prolonged by propositions of Amendments to the Federal Constitution because we seem to have sufficient business on our hands that must be first got through, to employ us untill the period of your Adjournment, it is possible however that in this Respect I may be mistaken. I thank you for the hint & will avail myself of it in regard to the proceedings of Congress, and the end of this Week I propose to transmit the Journal of the proceedings of the Senate and House of Representatives and Copies of the Laws that are or may by that time be passed. If the House [Pennsylvania Assembly] address the President and shall think proper to [lined out] Honor the Senators with the delivery of it, We will endeavour to perform the Duty in such manner as may best Consist with the Dignity of the Legislature. The Question of a Removal of the Seat of the Federal Government Sleeps, but the Idea of fixing a place of permanent Residence is a good deal agitated in private Conversations amongst the members of the Two Houses, but I observe that the more Silent the Pensylvania Delegation are on this Subject, the more anxious are Members of other States and if left a good deal to themselves, the more strongly they point to a fixture in our State, The Southern People however pant after the Banks of Potomack but I hope our Votes will finally decide. I expect Mr. McClay back in a Week or Ten days and when the Commercial Regulations are finished I shall think of a Visit to my Family & Friends.
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ALS, Peters Papers, PHi. Written “in the Senate Chamber.” The text printed here concludes a letter begun on 9 August while Morris was staying at “Morrisania.” “Having been interrupted . . . by the arrival of Company,” he left off the letter just after promising Peters his support in any bid for public office, “unless it happens to be one of those objects in which I am previously engaged to another.” The omitted text relates to Peters’s health and Pennsylvania state politics.
Thomas Rice to George Thatcher I acknowledge yours of the 14 July by the last post, including the Impost Bill. The Duties on some Articles seem rather heavy, but Government must be supported and our Debt must be paid, all which cannot be unless money be raised. By your Letter it seems no foreign Vessels more than thirty Tons can enter and discharge in the three Counties below Cumberland. if the Law should be so settled, we shall grumble much and I think justly, it will so delay us, and add such Expences as will nearly ruin our Trade, which with every Indulgence can hardly be carried on. besides I suppose more foreign Vessels for years past have been at Wiscasset only, than at Portland, and cannot the Duties be as well collected here and in other Ports to the eastward, as at Portland? As a trial by Jury has ever appeared to me an inestimable Priviledge hope in all Cases it may be had, where the parties wish for it. I think with you the Judicial part of the fœderal Government is a very important part and will be very likely to excite jealoucies & disputes amongst the People in its Operation, unless framed with great Caution, and administered with great prudence. I have as yet seen only such imperfect & detatched sketches either of the Revenue or Judicial System as to form a very imperfect Idea how they will stand when finished, but doubt not the wisdom of Congress. Two new Counties are formed in the eastern part of this County viz. Hancock & Washington so that now Lincoln is a Central County in the Teritory east of [New] Hampshire, and is nearly central in local scituation. Poverty and a necessary attention to business keep us at present in a state of distress, and doubt not the Ability and Attention of our worthy member at Congress to take Care of our important Interests there. Men of moderation and [lined out] prudence appointed to administer the General Government in its different departments, will have a great tendency to reconcile the people to it, which I doubt not Congress will pay particular attention to, knowing that the peace and happiness of the Community is the End of all good Government. I can think of nothing new that has appea happened here worth relating. we have suffered exceedingly this five or six weeks past with a severe drought, our hay is much diminished and unless we have rain soon, shall be greatly disappointed in the latter harvest. A continuance
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of your Correspondence will be very agreeable, if you can find Time amidst your important business. ALS, American Manuscripts, CSmH. Written from Wiscasset, Maine.
Other Documents
Andrew Adams to Benjamin Huntington. ALS, Bright Collection, NRom. Written from New Haven, Connecticut. Office seeking: William Baldwin for clerkship in federal government. Jacob Bloomfield to the New Jersey Senators. ALS, Washington Papers, DLC. Written from Burlington, New Jersey. Office seeking: Ebenezer Tucker for surveyor at Little Egg Harbor, New Jersey; Elmer had asked Bloomfield and New Jersey Chief Justice David Brearly for the name of a suitable person; Elmer had mentioned [Joel?] Wescoat but his place of residence disqualified him. Christopher Gore to Rufus King. ALS, King Papers, NHi. For a partial text, see King 1:366–67. Office seeking: John Brooks for U.S. marshal for the Massachusetts district; “with no man coud I confide my wishes more chearfully or freely than with you—to no individual have I said so much—and I pray you to destroy this mark of what might be considerd impropriety.” Thomas Leaming, Jr. to George Washington. ALS, Washington Papers, DLC. For the full text, see PGW 3:418–19. Office seeking: clerk of Pennsylvania district court; mentions F. A. Muhlenberg, Morris, Maclay, Paterson, Elmer, Read, and Bassett as references. [New London] Connecticut Gazette, 14 October. The Sally, with a cargo of molasses owned by Wadsworth, is the first ship to enter and pay the federal impost at New London.
Wednesday, 12 August 1789 Extremely Hot (Johnson)
Pierce Butler to Thomas Butler *** I woud rather Your health shoud suffer a little than that You shoud not read and write, for without knowledge what is Man. A sounding brass or tinkling Symbol;1 *** My hopes on this Side of the Grave Centre in You my
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Son—my only Son. When I am old and good for nothing, I am to look for respect from being the father of a person who by His Abilities, Wisdom and powers of Elocution takes the lead in the great Councils of this Country, who need only rise, to Command Silence and attention. *** Your Mother and Sisters are now at the Sea Side for the benefit of Sea bathing, and Cooler Air; Your poor Mother and Sister Frances were much indisposed. Your Mother fretted into indisposition at not receiving any Acct. of You by the Packet. *** ALS, Butler Letters, Uk. Addressed to Chelsea, near London. In the omitted text Butler encourages and instructs his son in his studies. 1
I Corinthians 13:1.
George Clymer to Benjamin Rush Mr. Fitzsimmons has this moment shown me your letter containing the present state of opinions respecting the conduct of Congress and its members in the affair of the salaries and wages—This will have no effect on me nor do I care should it be proclaimed on the house-top that I will never suffer myself in any public duty or trust or honor to be controlled by the rage ignorance or folly of any of my constituents. Transcript of ALS, Goodspeed’s Catalog 373(1943):item 55.
Thomas Fitzsimons to Benjamin Rush With all proper Respect for the Opinions of my Constituents I should very Much disregard their Clamors on the subject you mention, but tho I should be unhappy Indeed if Men of Reflection & my personal friends should find Just Cause to Complain of any part of my public Conduct. I would Anxiously avoid the loss of the good Opinion of one friend—if by explanation I could Retain it—but the Opinions of the Multitude taken up without Consideration, is in my Mind Little to be Regarded because time & Reflection generaly do more than any Apology [lined out] or Explanation at the Moment can Affect with Respect to the pay of the Members. I have been perfectly Indifferent it would have been intirely satisfactory to me if a Much Smaller Sum had been Agreed to. Nevertheless I have no difficulty in declaring that I Never yet have heard one Good reason Why it ought to be less. I will undertake to affirm that a Member of Congress living here with a servt. and 2 horses (Which for the preservation of their health they ought to have) will not lay by one Shilling of his pay Independant of the Sacrifice
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of his time, profession—and What Must be more to every Man of feeling his domestic Comforts. I Confess When I see how Little those Sacrifices are Regarded I am led to Reflect upon my own folly—for the share of them that falls to my Lot. The Opinion of the Emolumts. of [Sharp] Delanys office is founded on Ignorance. A Committee of the Merchts. of Philada. Undertook to state them at above £1700 % Ann.—the Truth is they do not Amount to half that Sum and will not be more than a Reasonable Compensation for the labor, talents & Responsibility of such an officer—to Receive & pay 300,000 dolls. % Ann. with the duties attendant on such an Office demands a recompence beyond that of other Appointments—the Clerk of our house is to have 1500 dolls. % Ann. & 2 dolls. % day in session which generally will make it 1700—the Clerk & assistant Clerk of the assembly of Pensylva. Receive Nearly as much & he does the business of both to say Nothing of the talents Necessary to such an office—since I have been here My Attend[anc]e. has been on Committee from 9 to 11 at the house from 11 till near 4 frequently Committee in the afternoon—& at home to digest & prepare the business—& this has been the Case with perhaps 1⁄3 of all the Members. The Clerk attends one or other of the Committees allways—besides directg. the Engrossing &c. but the door Keeper has two assistants absolutely Necessary to Keep the house & furniture in Order—& attend the Members—he receives 3 dollars a day—10/ of which Must be pd. to these assistants & except when the Legislature is in session he is not in pay—if these are the appointmts. Complained of I leave you to Judge whether they Merit it. permit me to add that if I find the Clamorers Continue I will put it in the power of my Constituents to Elect a More Œconimical Member & if ever I Obtrude myself upon their Notice Again I hope I shall exprience the full force of their Resentment—Indeed Nothing but a Reflection on the Expence the State may be put to for a New Election shall prevent my [doing?] it. I believe at present not even that. I beg you to excuse this Scrawl Which the short Stay of the post prevents my Mending—let me Add that What I have wrote is not intended to Reflect on Your better Judgement tho it is Sincerely the Result of mine. I will shew yr. letter to the Delegates of Pensylva. ALS, privately owned in 2003.
Benjamin Goodhue to Stephen Goodhue We have had nothing material turned up since the appointment of Officers except the pay of Congress and their Officers which is abominably high espeacialy the latter and was opposed only by our Delagation part of
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N. York and N. Jersey, one would have expected that Connecticutt would have joined us but they did not, and I was determined the world should know who lavished away their money so foolishly—please to forward the inclosed. I expect every day to hear of Fanny’s being abed give my love to her and Children. Committee of both Houses have reported the 12th Septr. as time we may probably adjourn. ALS, Goodhue Family Papers, MSaE. Addressed to Salem, Massachusetts.
James Madison to Edward Carrington I am just favd. with yours of the 30th. inst. and am glad to find your sentiments so decided as to the power of removal by the Presidt. Every letter to me, and as far as I know from to others here, from Virga. ratifies the propriety of the decision of Congress. Our last discussions of moment have turned on the Compensations. The bill as gone to the Senate, allows six six dollars a day to the members of both Houses. My own idea was that it should have been less for the Reps. & more for the Senate. With equal pa emoluments the ablest men will prefer the H. of Reps. and the Senate will degenerate into an unfitness for the great objects of its institution. The rate allowed is unpopular in this quarter of the Union. But the truth is that 6 dollars [is no less required] for the distant States particularly S.C. & Georgia, than 4 would be to N. Jersey, Connecticut &c. and a defective allowance would put the States at a distance under disadvantages of a very serious nature. Add to this that a less sum than 6 dollars for the Senate (whose case was involved in that of the H. of Reps. after the vote agst. a discrimination) could not well be thought of. On these grounds the measure must rest for its vindication. I am afraid it will be disrelished in your part of Virga. & can not say that I am satisfied with it myself. With men of liberal turns and who know the former allowances made to Congs. by the States, and who moreover take into view the situation & policy of the distant States, an apologetic reasoning on the subject will not be difficul[t.] With those of another cast, the case will be different. [P. S.] This the day for taking up the Report of Come. on amendts. ALS, Carrington Papers, ViHi. Addressed to Richmond, Virginia.
James Monroe to James Madison *** The bills on ordinary subjects as trade &ca. appear to give general satisfaction. That to embrace the Judi[ciar]y. will occasion more difficulty, I ap-
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prehend, than any other, as it will form an exposition of the powers of the govt. itself, and shew in the opinion of those who organize it, how far the govt. it can discharge its own functions, or must depend for that purpose, on the aid of those of the States. Whatever arrangment shall be now made in that respect, will be of some duration, wh. shews the propriety of a wise provision in the commencement. ALS, Madison Papers, DLC. Written from Fredericksburg, Virginia. For the full text, see PJM 12:331–32. Part of the omitted text announces the Monroe family’s move to Albemarle County, Virginia.
Eleazer Russell to John Langdon Im rather perplexd—Worn with heat and fatigue; making arangments &c. But durst not omit putting my Name to paper by this post in hopes to say more the next. We have begun the business this Afternoon, and Mr. [ Joseph] Whipple is so obliging as to transact it for the present at my New house. *** There will be perfect harmony between the New officers. Im too shatterd at present to tell you what I think of you. [P. S.] A droll Scrawl. ALS, Langdon Papers, NhPoA. Written from Portsmouth, New Hampshire. Russell had recently received word of his appointment as naval officer at Portsmouth.
Isaac Stearns to a Member of Congress Neither Distance of place nor length of time shall obliterate you as a Friend while I retain my Confidence in your Humane & Benevolent disposition towards mankind which if I am not mistaken as it resembles the greatest of Beings so it is one of the greatest quallifications the human mind can be indowed withal I am not a little pleased to see the unanimity & dispatch that attends your August Body whi[ch t]o me is praisworthy especially when I reflect that you [are?] from distant States of Differing manners & Differant Interests Those here that wish well to our Israel have raised expectations from your body as a National Court God grant we may never be Disappointed Som of the poceedings & Resolutions of your (almost Deified) President have even charmed & captivated many here History informs us that when great Personages come forth & take the lead valuable Reforma-
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tions have been effected may this be our hapy case for sure there is Room enough I sinceerly hope that before your present Session is at an end youl be directed to & hit upon something that will tend to Raise our credit as a Nation and that wil point individual States to their duty. *** If I be not too troublesom remember me to the Honble. Mr. Strong [torn] Goodhue Emes [Ames]. FC:dft, Stearns Papers, MHi. Written from Billerica, Massachusetts. The intended recipient was probably a Massachusetts member.
Henry Van Schaack to Theodore Sedgwick *** I hope in about a year or two more that cursed article called Rum will be out of use among us many farmers of Note have gone through their hay and harvest without a drop of ardent spirits. The disuse of it is a matter I have long had at heart and if my when my wishes are accomplished I shall depart as the good old Simeon1 did on a more important occasion. *** Since your last communication I have not been abroad, but it will not be long before I shall see some of our friends and communicate to them what you say about Public matters. I could wish on your account that your motion had been for the reduction of 2 dollars % day. no part of the Proceedings of Congress will be more critically examined than where the Members are themselves intrusted. You will readily recollect that the Power given by the Constitution to Congress to fix their own compensation was considered by the opposers of the System as an improper and danger[ou]s. The federalists laboured with unwearied Pains to convince the people that there was no abuse to be apprehended from that quarter because the Members of Congress at the end of two years must return to the mass of the people and having a common interest with their Constituents they wod. not presume to allow themselves more than what would be reasonable &c. &c. I have not conversed with any body since the allowance to the Secretary of Senate Clerk of the house Door keeper &ca. has been Reported but I fear the measure will be Reprobated. 1500 dollars a year and two dollars a day when in session are allowances wh. appear, even to me who am a generous man in this way, too high. Be assured my dear Sir the 50,000 dollars to the Pres[id]ent annually will be less objectionable than the others I have mentioned. It appears to me good Policy nay it Seems necessary when a tax is required of the People that they should be satisfied that the money so [lined out] demanded is for the Public good. How far the measures of Congress with
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Respect to the saleries compensation &ca. will have that Effect time will develope. But I own to you that from Present appearances I fear the Public mind will not be so well gratified as thought at first. A letter I have just recd. from a friend says “The people complain of the wages Congress have allowed themselves. I hope the firmness of the Senate will counteract the Propensity of in the house of Representatives. Their outset ought to be moderate I dont think [illegible] dollars too much but the people do and that is Sufficient.” But I will add no more for I suppose the business is completed before now. I pray god all may be for the best. ALS, Sedgwick Family Papers, MHi. Written from Pittsfield, Massachusetts. 1 Jesus’ presentation for circumcision at the Temple fulfilled the Holy Ghost’s promise that the aged priest Simeon would not die before seeing the Messiah (Luke 2:21–34).
Joseph Whipple to John Langdon I am honoured with your favor of the 3rd Instt. & by the Same post, recd. my Commission for the Collectorship. I thank you for the kind Solicitude that you have discoverd on my account in my appointment, which I have not the least doubt woud have taken place through your influence had not the plan of reappointing the old Collectors been adopted. Your friendly attention I hold in the highest estimation. Accompanied with my Commission was the Act for regulating the Collection—but no other Act nor instruction for commencing the operation of the Impost Act has been sent me—and we have no other authority than the Copies through the Newspapers of the passing of the last Mentiond Act or that, on Tonnage, which begins the 15th Instt.—nor even references to them. It has been long expected that an Act Suspending the operation of these Acts would pass before the 1st. day of Augt. in order that there might be time to compleat the System & that in every State the operation shoud commence at the Same time—but no Such Act of Suspention appearing I have commenced the business. It is the opinion of Some that we shoud Collect on all entries Since the 1st. Augst. this I cannot conceive to be expected—but if we are to go back I wish for the Speediest instruction from the office that has Cognisence of the Matter. I must take Notice to you that there is now a Vessell here from Nova Scocia under the direction of an agent from a mast Contractor in that province who is chargd with a Comm[issio]n. for procuring people acquainted with hauling & hewing Masts—he is endeavoring to procure these people to [lined out] execute a large Contract for Masts for the British Navy & large Wages
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is offerd—It is a pity that measures could not be taken immediately for preventing Such pernicous transactions—was an American, in England to attempt to procure Manufacturers to come to this Country, imprisonment & heavy fines woud woud be inflicted on his Agents—and Shall We permit our artists & labourers to be taken from us—& Such as will instruct our Enemies in an Art for Strengthning the Means of our Destruction? There is not at present a Man in the British Colonies of Nova Scocia & Canada that can hall a Mast & shall We furnish them with this Knowledge? I shoud freely consent to their partaking of any Advantages that may result from american improvements in the peaceful Arts & the Sciences of which we may happily be the discoverers & all Such as are of a Nature to promote the happiness of mankind. But I am mortified to See that We are furnishing our Enemies with weapons for our destruction & permitting emigrations of the most usefull of our people. It was an unhappy oversight in the Collection Bill that Kittery & Berwick shoud be annexd to the District of York. This will be a Sourse for Smuggling. I hope in the first revision of that Act this errour will be rectified. I wish to know if you recd. my letter dated 10th. July in answer to yours of the 5th. in which you proposd my writing the Prest. as you do not mention this letter (in which I gave some Reasons for not writing) I suspect foul play in the post, to whom it was delivered (the Mail being clos’d) & who promisd to lodge it in the Post office at Boston. ALS, Langdon Papers, NhPoA.
Henry Wynkoop to Reading Beatty Have received Your’s of the 3d. & 10th. the first not until after I had wrote on fryday last, have requested Mamma to furnish You with Indian Corn. The papers respecting the foederal Territory are here,1 Fitsimmons, Clymer, Hartley & Genl. [Peter] Mughlenberg are A Committee of Pensylvanians to attend to it, & sound the Eastern Members, who are to have A Meeting upon the Subject, which for some time has been deferred on Account of the Absence of Mr. Sherman, who is now return’d, the only Difficulty in the Way is the Situation being too far eastward of the Centre, some of the Virginia & some of the Maryland Gentlemen have shewn A Disposition to meet us on the Susquehanna how far A Relinquishment of the Potomack will affect the Falls of the Delaware time only can discover, the Susquehanna will certainly loose Newyork & Jersey who if they would unanimously fall in with us would far overballance the Number which can
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be gained from the two first mentioned States, but the Newyorkers are very silent & nothing can be drawn from them, their predilection in favour of their own Metropolis renders them exceeding cautious. Have sundry of Loyd’s Numbers2 in posession, but expecting soon to be in Bucks myself wish not to incumber the Mail with them, the papers enclosed will afford You the Proceedings of Congress except yesterday which was spent on the Subject of Amendments & establishing the Mode of procedure this day expect the Merits will be entered upon. ALS, Wynkoop Papers, PDoBHi. Addressed to “Falsington,” Bucks County, Pennsylvania. 1 2
The Memorial of the Citizens of New Jersey and Pennsylvania; see DHFFC 8:449–52. The Congressional Register.
Other Documents
Fisher Ames to George R. Minot. See 13 August, below. John Cockle to Henry Knox. ALS, Knox Papers, Gilder Lehrman Collection, NHi. Office seeking: anything; F. A. Muhlenberg and Langdon have promised their support. Henry Dearborn to John Langdon. ALS, Langdon Papers, NhPoA. Written from Pittston, Maine. Office seeking: marshal for Maine District; “I have shared very little in the loaves & fishes”; is not personally acquainted with any members of the Massachusetts delegation except Thatcher, to whom he sends compliments. Richard Bland Lee to Theodorick Lee. ALS, Custis-Lee Family Papers, DLC. Addressed to “Sully” in Fairfax County, Virginia. Today the House will debate the proposed Amendments to the Constitution, “and I hope shall ultimately decide on it in a few days in a manner satisfactory to all parties”; Congress intends to adjourn about midSeptember for two months; it is uncertain whether that is practicable; expects to be home by 1 November after visiting Boston and Connecticut. William Pickman to Benjamin Goodhue. ALS, Letters to Goodhue, NNS. Written from Salem, Massachusetts. Thanks to Goodhue “& my other Congressional Freinds” for supporting his appointment; asks questions about implementation of revenue system.
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Edward Tilghman to George Read. ALS, Read Papers, DeHi. Written from Philadelphia. Reports “Heavy Complaints agt. Salaries—especially Secretaries & Door keepers”; letter continued on 14 August. Jeremiah Wadsworth to Oliver Wolcott, Jr. ALS, Wolcott Papers, CtHi. Addressed to Hartford, Connecticut. For the full text, see Wolcott 1:19. Office seeking: Suggests writing to the president for an office in the treasury department, “refering him to the Senate and Representatives—where tell him if he finds a Single objection You will withdraw Your application”; “Connecticut haveing no claimants for National Office *** I think You can probably Succeed.” William White to Robert Morris. ALS, Washington Papers, DLC. Written from Philadelphia. Office seeking: William Barton for federal office. Hugh Williamson to James Iredell. Iredell 2:265–66. Forwarding two packages from Butler; they contain the public news; the North Carolina debates are “considerably read in this place, especially by Congress members; some of whom, who formerly had little knowledge of the citizens of North Carolina, have lately been very minute in their inquiries concerning Mr. Iredell”; a Senator recently asked if Iredell would accept a judiciary post outside North Carolina; “I am so often asked what I think our State will do, that I have left off answering, except that we will probably do right, if Congress set us the example.” Robert Lewis, Diary. ViMtvL. Saw “a number” of members of Congress at the baths; had ice cream and punch at Currie’s Ice House with Parker “who had just returned from Norfolk”; on the way home they called at Page’s lodging.
Thursday, 13 August 1789 Extremely Hot (Johnson)
Fisher Ames to George R. Minot I felt no kind of peevishness because you have long kept silence. I apprehended that you was ill, and intended writing to some Boston friend, to inform me by the first post. I am happy to find my fears groundless. Go on;
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enjoy your humor of writing or forbearing to write. I value your friendship too much to impose any burden upon you. Let my release of all epistolary demands annul your unjust rule, of requiring a hundred for one. The duty would operate as a prohibition. For though I might continue to value your favors at that rate, as in fact I do, I should not be able to pay for them. We are beginning the amendments in a committee of the whole. We have voted to take up the subject, in preference to the Judiciary, to incorporate them into the Constitution, and not to require, in committee, two thirds to a vote. This cost us the day. To-morrow we shall proceed. Some General, before engaging, said to his soldiers, “Think of your ancestors, and think of your posterity.”1 We shall make a dozen or two of rights and privileges for our posterity. If I am to be guided by your advice, to marry and live in Boston, it behooves me to interest myself in the affair. It will consume a good deal of time, and renew the party struggles of the States. It will set Deacon [David] Smead and many others to constitution-making, a trade which requires little stock, and often thrives without much custom. The workman is often satisfied to be the sole consumer. Our State is remarkable for it. We made several frames of government, which did not pass. The timber was so green, the vessels rotted on the stocks. However, I am persuaded it is proper to propose amendments, without delay, and if the antis affect to say that they are of no consequence, they may be reproached with their opposition to the government, because they protested that the principles were important. Our friend, Dr. [Aaron or Samuel] Dexter, may be assured, that the collection law is considered as imperfect. Probably it will need some amendments, every session, these ten years, till experience has taught us how to guard, in the best possible manner, against the infinity of frauds which will be practised. Time at last pressed, and it was necessary to let the law take place with all its imperfections on its head. A recess is proposed, and ardently desired. I think it a proper thing in itself, and expedient at this juncture. Deacon Smead will be pleased with the intermission of the members’ pay. I never said that I thought Mr. L. [ John Lowell] should not accept as District Judge. I say he ought. I have my fears whether he will be asked to do it. If the Chief Justice [William Cushing] should be Associate Judge, possibly [Francis] Dana may be District Judge. Our excellent friend, Mr. L. merits every thing in that line. He has my fervent wishes in his favor. If any thing here looks inviting, I should wish to know your pleasure, and aid you in the attainment. Your brother Clarke perhaps would accept a clerkship in one of the great departments. If so, he had better write to General Knox, and to Mr. Jay, and to the Secretary of the Treasury, when known. I will aid him with alacrity and zeal.
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The mail is closing. P. S. The kingdom of the devil is not likely to be built up. Ames 1:66–68. Although the printed version is dated 12 August Thursday; the editors have dated this letter as 13 August based on the day of the week it was written and the events Ames recounts in the Amendments debate. 1
Tacitus, Agricola.
Leonard Jarvis to Benjamin Goodhue I have frequently determined to communicate my Sentiments to you on the Revenue Laws of the United States, but a consciousness of my want of information respecting the situation of matters in any but our own State prevented an intrusion of them—as I see by the Revenue Act, one half only of the seizures is given to the informer & seizing Officer—I beg leave to mention now, what perhaps I should not have done had I been appointed to an Office lest my Motives should have been mistaken—from a careful Attention then to the subject, I am convinced, that to appropriate all Seizures to the informer & Seizing Officer, excepting only that whatever Duties would have been paid upon the Goods had they been legally entered, should first be discharged will more effectually prevent the Crime of smugling than the expensive mode of Armed Cutters or petty Officers on shore, their Vigilance may be avoided, if their connivance cannot be obtained, but to guard against every Citizen will be impossible—if the general Opinion of the Trade in any place is in favour of smugling, the first Officers will content themselves with doing, what they call, their duty & the petty Officers will take a bribe, but if the general Opinion of the trade in any place is against the Crime the expence of many petty Officers & Armed Cutters will be needless the public Opinion therefore where it is against smugling should be encouraged & where it is in favour of it, should be rectified—if a very few of the public Creditors would agree to inform themselves, or countenance such as give information of all breaches of the Revenue Laws which come to their knowledge and if the informer could possess himself without the unnecessary delay, which generally takes place in procuring Condemnation, I think the Crime would soon be less frequent if not wholly prevented—I have heard informers complain, where they were allowed the One third of the Goods seized— that, considering the delay & the expences attending the Condemnation they were not rewarded—if the informer shall openly give information & give bond to respond all damages he ought to have the proceeds of all the
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Goods seized & the Officer be obliged to prosecute ex officio, but if he chooses to keep covert, he may make the best bargain he can with any of the Officers—thus it will be the interest of each Officer to be vigilant & it appears to me that no one ought to derive any benefit from the extraordinary Vigilance of another especially when the Act of informing or seizing may be attended with an Odium not attached to the Act of prosecuting. I find by the Act for collecting the Revenue a clause which leads me to hope that an establishment will take place which I have long thought was not only necessary as a check upon the Collector, but would in many other Respects be highly advantageous—I mean, that the United States should be divided into districts—New Hampshire Massachusetts & Rhodeisland when they shall acceed to the Constitution to be one—Connectt. New York New Jersey Pensilvania & Delaware another Maryland & Virginia a third & the three southern States a fourth and that a Superintendant or Comptroller should be appointed to each, whose Duty it shoud be to exhibit to Congress from the Returns of the several Collectors a general View of the imports & exports—to visit once a year at least, but at no stated period each port in his district, to demand from the Collectors their Cash Account & see that the balance is in the Chest, to enquire into their Conduct, examine their Accounts & make report of his doings in writing to the head of the Treasury with such Alterations of the Revenue Laws as in his opinion would encrease the Revenue without burthening the subject or effectually guard the collection— it might be still better if he was obliged to meet the head of the Department at the Seat of Congress during their Winter Sessions to answer to such Questions as Congress or the head of the Department may propose, from their information the Legislature may be enabled to form such a System as shall secure the greatest Revenue with the least possible expence & inconvenience to the people. *** ALS, Letters to Goodhue, NNS. Written from Boston. In the omitted text Jarvis solicits support for an appointment to the position of comptroller that he recommends be established and states his claim that he loaned the U.S. large sums of money during the Revolutionary War and has not been repaid.
Other Documents
Robert Cochran to Pierce Butler. ALS, Butler Papers, PHi. Written from Charleston, South Carolina. Office seeking: solicits support; would have done it earlier, “could I have obtained sooner the information that such appointments could not be made without your approbation, which the Honble. William Smith [S.C.] was obliging enough to write me in answer to an address made to him on this Subject.”
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Ebenezer Hazard to Jeremy Belknap. ALS, Belknap Papers, MHi. Addressed to Boston. Concludes a letter dated 8 August. The information below supplements DHFFC 6:1652. “Nothing done about P[ost]. O[ ffice]. yet; but the Committee & I are to have a Conference at my house this Afternoon.” William Samuel Johnson to Samuel W. Johnson. ALS, Johnson Papers, CtHi. Written in the evening. Addressed to Stratford, Connecticut. Fears his wife may have a difficult voyage to New York City: “She I fear will have a disagreable passage down, as the wind is not favorble & the weather extreamely hot. I am indeed annxious lest she shoud have been on board in the severe Thunder Storm last Night”; remains in good health. James Sullivan to Elbridge Gerry. ALS, Smith Collection, NjMoHP. Written from Boston. Appointments to revenue offices “generally agreeable”; Leonard Jarvis’s friends are disappointed, and “will feel themselves much obliged by the continuance of your good offices towards him as occasion may offer”; am “much at Ease” over my failure to be nominated; “Your grants are very Liberal. the wages I hear nothing about Lately.” Robert Lewis, Diary. ViMtvL. “A number” of members of Congress dined with President Washington.
Friday, 14 August 1789 Extremely Hot (Johnson)
Joshua Brackett to John Langdon Your kind favor of 4th. August, I received—I am much obliged for your kind attention to my requests in procuring the appointments of Messrs. [ Joseph] Whipple & [Eleazer] Russell to their offices—it was well judged by you, and no doubt will be highly acceptable to the Trade—The reasons why I was so importunate with you in favor of the former, I will communicate, when I have the pleasure of seeing you here—I have advised him, to attend to your requests in your letter to him, and appoint the person you mention immediatly. he said he would—and I beleive complied with it directly—I always wished you to conduct uprightly, let the Say of people be what it may, hitherto no person has said you have acted with partiality, and I am certain, I would not desire you to, on my account—You have complyed with all, I
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requested in the above appointments, and I am fully satisfied—but if you think there is any chance of my being continued in my old office, or obtaining any other, you Judge I may be sutable to sustain, I hope—I have no doubt of your intereste ’tho I am low in the world, I am not selfish. I am glad to find Mrs. [Elizabeth] Langdon is so much noticed and honoured by the first Characters in America—this must be pleasing to you both—her person and accomplishments seem to entitle her to it—for she is a fine figure, as well as, a very amiable woman. *** I hope the attention Mrs. Langdon, & you receive at N. York will not be a means of depriving us of the pleasure of seeing you here at the time you mention. ALS, Langdon Papers, NhPoA. Written from Portsmouth, New Hampshire.
John Carnes to Benjamin Goodhue I have this minute heard from Salem by a Merchant of Note, and I hear that there is a great uneasiness, & like to be great Confusion, and not only there but in other Places. The foundation of it, is, that the time when the impost Duties is to take place is not the same throughout the united States; that there is a Commission sent to New-Hampshire but no orders; but one officer at Marblehead, & 3 at Salem; and that the officers of inferior Rank are too many, and their Pay double to what it ought to be, & that the officers will eat up the whole of the proposed Revenue. This is the substance of what was mentioned to me, which takes in a great many other important matters, so that the Trade will be ruined, and the Revenue lost, and a universal dissatisfaction even to the doings of Congress if not to the Constitution take place. Moreover, I have heard that the Collector at Salem [ Joseph Hiller] is an improper Person, that he is now quite big, and has already done that that he had no right to do. Further, That one or two Vessels, if not more, are order’d to keep off that were a coming in, and that it is probable some will be sent to Machias to save Duties as there is not a uniformity as to time. Now Sir what foundation the Gentleman had for these Reports, and how true they are, I dont know, but I must confess the relation of them has given me great uneasiness. If I have not been misinformed I will write again in a few Days; and give You a more particular account. I believe that all the States, and Sea-Ports, ought to fair alike, and that the same Orders sent to one officer shou’d be sent to all, and I dont know but it is so, but it is said, that it is not so. Your Merchants at Salem had agreed, or were about agreeing, to assist in securing the Revenue, but after hearing, & seeing what was a taking place there was such an uneasiness that I suppose every Man will take care of him-
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self, and secure his Interest as far as he can. If these things are so, others will give You information in a few Days undoubtedly, and other Members will be applied to. P. S. I was desired to write to you, or some other Member, & give the above information. ALS, Letters to Goodhue, NNS. Written from Lynn, Massachusetts; carried by Capt. Roberson.
Pamela Sedgwick to Theodore Sedgwick *** I most sincerely regret the weight of Public cares that have fallen to your lot—The anticipation of those Evils often crowded with weight uppon my mind—when I wisht anxiously wisht you might be excusd the arduous undertakeing—such it must be to you because you ever enter with warmth into the Interests of your Country. I trust my best love that; Integrety which has ever been your Polar Star will still continue to direct you and a Consious Rectitude of Intention cannot fail of supporting in the darkest Hours—Even If the Storms of Passion envy & Malice should again rise to disturb your Peace, which heaven forbid. Much depends on the wisdom at present exerted in our National councils your genious my friend is Active Persevereing & decisive—therefore I presume you are better fitted than most Men for your important station— Great enjoyment is not to be found in [lined out] in any situation of life— The Acttive I think have a right To expect the largeest share. *** I cannot complain but must tel you my dear I was much disapointed that I did not receive a letter by Yesterdays Post—our little flock are all well and consequently Happy The time I flatter my self is not far distant when I may expect Your Return—my Bed is not decked with Tappastry—but shall be covered with linen clean and White and Perfumed with love Hasten then my dearest [lined out] to the embraces of your sweet Little ones and to the Arms of yours most affectionately. ALS, Sedgwick Papers, MHi. Written from Stockbridge, Massachusetts.
Theodore Sedgwick to Benjamin Lincoln I had the pleasure last evening to receive your favor of the 9th. The interest I have taken in what concerned you has originated only from an honest desire to evidence a sense of gratitude which America owes to one of her most worthy & meritorious citizens. It has indeed been as well my pride as pleasure that this citizen is—my friend.
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A commission will very soon issue to form a treaty with the creek and cherokee indians. From all I have been able to discover the proba[bi]lity is that the aggression has been on the part of the georgians. It is an object near my heart that an impartial enquiry and an honest decision should be had on this subject, and therefore that you my friend should be one of the commissioners. To me it appears that the discharge of the duties of your office of collector need not prevent, for I believe that you will think that a proper attention to your health will render it indispensable that you should employ for the execution of the laborious part, some some respectable man for whose conduct you may safely be responsible. The business will be honorable and render your conduct of great importance to your country. The gentlemen from that part of the country are desirous that you would engage in the execution of it [lined out], and I have reason to beleive the president hath or will propose to you your engaging in it. I have only to add that you can by water go to the very place of treaty. We have at present before us Madisons water gruel Amendments. ALS, Fogg Collection, MeHi. Addressed to Boston.
“Pacificus” [Noah Webster] to James Madison In a debate upon the Impost Bill, you declared yourself an enemy to local attachments and said you considered yourself not merely the representative of Virginia, but of the United States. This declaration was liberal, and the sentiment just. But Sir, does this accord with the interest you take in amending the constitution? You now hold out in justification of the part you take in forwarding amendments, that you have pledged yourself in some measure to your constituents. But, Sir, who are your constituents? Are they the electors of a small district in Virginia? These indeed gave you a place in the federal legislature; but the moment you were declared to be elected, you became the representative of three millions of people, and you are bound, by the principles of representation and by your own declaration, to promote the general good of the United States. You had no right to declare that you would act upon the sentiments and wishes of your immediate constituents, unless you should be convinced that the measures you advocate coincide with the wishes and interest of the whole Union. If I have any just ideas of legislation, this doctrine is incontrovertible; and if I know your opinions, you believe it to be so. Permit me then, with great respect to ask, Sir, how you can justify yourself, in the eyes of the world, for espousing the cause of amendments with so much earnestness? Do you, Sir, believe, that the people you represent generally wish for amendments? If you do Sir, you are more egregiously mis-
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taken than you ever were before. I know from the unanimous declaration of men in several states, through which I have lately travelled, that amendments are not generally wished for; on the other hand, amendments are not mentioned but with the most pointed disapprobation. The people, Sir, admit what the advocates of amendments in Congress, generally allow, that the alterations proposed can do very little good or hurt, as to the merits of the constitution; but for this very reason they reprobate any attempt to introduce them. They say, and with great justice, that, at the moment when an excellent government is going into operation; when the hopes of millions are revived, and their minds disposed to acquiesce peaceably in the federal laws; when the demagogues of faction have ceased to clamor, and their adherents are reconciled to the constitution—Congress are taking a step which will revive the spirit of party, spread the causes of contention through all the states, call up jealousies which have no real foundation, and weaken the operations of government, when the people themselves are wishing to give it energy. We see, in the debates, it is frequently asserted, that some amendments will satisfy the opposition and give stability to the government. The people, Sir, in the northern and middle states do not believe a word of this—they do not see any opposition—they find information and experience every where operating to remove objections, and they believe that these causes will, though slowly, produce a change of conduct in NorthCarolina and Rhode-Island. Is it not better to wait for this event, than risk the tumults that must grow out of another debate upon the constitution in every one of the United States. It seems to be agreed on all hands that paper declarations of rights are trifling things and no real security to liberty. In general they are a subject of ridicule. In England, it has been necessary for parliament to ascertain and declare what rights the nation possesses, in order to limit the powers and claims of the crown; but for a sovereign free people, whose power is always equal, to declare, with the solemnity of a constitutional act, We are all born free, and have a few particular rights which are dear to us, and of which we will not deprive ourselves, altho’ we leave ourselves at full liberty to abridge any of our other rights, is a farce in government as novel as it is ludicrous. I am not disposed to treat you, Sir, with disrespect; many years acquaintance has taught me to esteem your virtues and respect your abilities. No man stands higher in my opinion, and people are every where willing to place you among the most able, active and useful representatives of the United States. But they regret that Congress should spend their time in throwing out an empty tub1 to catch people, either factious or uninformed, who might be taken more honorably by reason and equitable laws. They regret particularly that Mr. Madison’s talents should be employed to bring
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forward amendments, which, at best can have little effect upon the merits of the constitution, and may sow the seeds of discord from New-Hampshire to Georgia. NYDA, 17 August. Webster is identified as the author based on the fact that “A Free Mechanic” (NYJ, Aug. 20), in replying to the piece, referred to its author as a noted grammarian; in addition, “Pacificus’” thoughts on bills of rights are the same as those Webster wrote anonymously in 1787 and 1788 and then copyrighted in 1790 under his own name. 1
See Clymer to Richard Peters, 8 June, n. 1, above.
Other Documents
Daniel Carroll to John Fitzgerald. ALS, Jenkins Collection, PHi. Addressed to Alexandria, Virginia. The weather has been extremely hot since Fitzgerald left; dined yesterday with the President; joint committee report recommends adjournment on 12 September; “I hope it may be done in all of that month.” Samuel Henshaw to Theodore Sedgwick. ALS, Sedgwick Family Papers, MHi. Written from Northampton, Massachusetts. Has heard nothing about appointments: who are the favorites, has the Senate negatived any nominees; the most hurtful part of his own failed bid for office is the gloating of the “Anties”; “I would now accept of any honorable appointment, even if it run me annually in debt, rather then to have these enemies to all kinds of Governmt. so highly gratified—I wish to Heaven! you could be appointed the District Judge, and I the Marshall!” Governor John Eager Howard to the Maryland Representatives. ALS, State Papers, MdAA. Place from which written not specified. The state has advanced two “distressed” Indian representatives of the Cherokee Nation and their agent, Bennet Ballew, en route to New York City, forty dollars on the agent’s “engagement which is enclosed, to account for the same on his acc in New York”; ignorant of arrangements Congress may have made, they also enclose the promissory note for credit to the state’s account. Samuel Lane to Paine Wingate. Fragment of ALS, Wingate Family Papers, NhHi. Date based on Wingate’s reply of 29 August. Rejoices to hear of Wingate’s “Health & Contentment; but I heartily feel for you, under the great weight you must Necessarily have on your Mind, Amidst So much Business of Such great importance”; wishes “you may be always under the Direction of infinite Wisdom in all your Deliberations & Determinations.”
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Theodore Sedgwick to Pamela Sedgwick. ALS, Sedgwick Family Papers, MHi. Addressed to Stockbridge, Massachusetts. Is uncertain when he can leave Congress “consistently with my duty. most certainly, however, I shall be at home before Hampshire supreme court and shall not return here untill September December”; “The weather hath been this week past oppressively warm and so it still continues to a degree indeed I have never before experienced”; has purchased and sent forward a quarter cask of wine. Edward Tilghman to George Read. ALS, Read Papers, DeHi. Written from Philadelphia. Postscript to a letter of 12 August. Office seeking: asks Read to mention Edward Shippen as Pennsylvania federal district judge. New York Packet, 15 August. A. Foster arrived at New York.
Saturday, 15 August 1789 Extremely Hot (Johnson); most intensely warm and generally cloudy (Lewis)
Phineas Bond to the Duke of Leeds I have now the Honor to inclose to your Grace, the Bill which has lately passed the Legislature of the United States, to regulate the Tonnage of Vessels, & am happy to find there is no particular Discrimination, detrimental to the Commerce of Great Britain. In the original Draught of this Bill, which I had the Honor to forward to your Grace, a very important Discrimination was introduced—but it seems, my Lord, the Efforts of some who declared it good Policy to wage a commercial War, between Great Britain & the United States, yeilded to the sober Discretion of those who thought a free Intercourse with Great Britain, very essential to the well being of North America, an agricultural Country: The southern States my Lord, especially, who having various Staples, which meet a ready and beneficial Sale in Europe, and the West Indies, know & would soon feel the Inconvenience of relying upon the Vessels of the United States, to transport their Produce from hence—for they are neither competent in Point of Numbers, nor will the Regulations of Trade admit them into our W. India Islands whither different Articles of Provisions &c. are now sent in Brit. Bottoms from several of the United States, in so great Abundance. The Restrictions, which prevail as to the Trade of this Country with the
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Brit. W. Inda. Islands, have been the Source of great Murmur & Complaint & have furnished strong Arguments to those, who favor the Idea of imposing rigid Restraints upon the Commerce of Great Britain, with the United States: the ostensible Reason of suspending such Restraints, is the Expectation that some Relaxation of the navigation Laws of England may take Place, or at least, as the new Goverment seems to be in a Train of being organized, that an opening will be made to settle a commercial Treaty with Great Britain, wherein mutual Concessions will be proposed, and a System will be arranged, upon the broad Basis of Equality and Liberality. One Objection which heretofore existed, to the entering into any com[mercia]l. Treaty with America seems wearing away apace: In the late unsettled State of the Union when each exercised individual Rights of Sover<eignty, and> adopted or rejected at Discretion all public Me there could be no Assurance of realizing Compa foreign Powers, now my Lord there is an Appear regular Establishment of Goverment, and some P Efficiency—but there is a material Point in the of a commercial Treaty, in which the Rulers Country are aware they are essentially defec Defect is however glossed over by assuming Fa Truth of which there is certainly some Doubt— should be disposed to relax her Acts of Navigation, & per<mit the> United States to partake in the carrying Trade to the <W. Indies> under certain Regulations, such an Indulgence is <not to be> expected without some equivalent Concession or the Part of America: to discover that equivalent s<eems to be the> Difficulty. It is said my Lord the Trade with Ameri to England, and unless American Ships are suffe the Produce of America to our Islands, Regulation<s must> follow to exclude Brit. Vessels entirely from carry Produce of America out of the Country: And whe have once been convinced that Endeavors have b<een made> to fix a Treaty of this sort & have failed—tho’ the M this Country now resist severe counter Restriction<s, they will> then see the Expediency of and immediately pro<mote a> total Exclusion of British Vessels: Besides it is sai as America gives the Preference to & consumes i<mmense> Quantities of British Manufactures, some Indu ought to be granted on this Score especially as th<ey could> facilitate the means of Remittance in Discharg<e of debts> contracted for Brit. Goods. Much my Lord as it is my Wish to assist moting any Plan that might be conducive to th<e facilita>ting Remittances, and diminishing that Load of <debt which> the People of these States owe to the Brit. Merchants, far from thinking that Advantage, if it would follo<w, would> compensate for the general & extensive Loss the C of Great Britain would suffer by permitting the Ves<sels of America> to partake of the
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carrying Trade to our Islands—At <present> that Trade must be monopolized by Brit. Vessels<—that> Monopoly extends to a double freight—to the freight Cargo from hence & of the Return Cargo from the Isla the Profits of which must be immense—But it Trade may be compleatly annihilated by Regulat by the Goverment of the United States, & it is more polit Great Britain to suffer America to participate in this carrying Trade than to lose it entirely. It would be Presumption in me, my Lord, to give a decided opinion upon a Point of so much Importance to the Commerce of Great Britain—but as far as my Observation goes I do not conceive such counter Regulations will be attempted: My Ideas are formed upon the Situation of a People, overwhelmed in Debt, embarrassed as to the means of Payment by the State of Agriculture, which tho’ now advancing considerably, has for years past been conducted in a very limited and confined Manner, owing to the Scarcity of Labor & other Inconveniencies, consequent to a long & expensive War: To their advancing Agriculture, the People look as their Resource to disengage them from their present Embarrassments—but the Produce of the Earth must have a Vent to foreign Countries, in order to secure a good Price, & unless this Vent be found, the different Staples of North America, must remain upon Hand, & perish; to the great Loss, nay Ruin of the Farmer, who will naturally revolt at those Regulations, which have subjected him to such Distress: Considerations of this sort, will, in point of Policy, influence the Goverment of this Country, to avoid measures, which may excite the Complaints of the People, & perhaps shake the Foundation of their new Constitution. As to the Consumption of Brit. Manufactures, it is well known, my Lord, Resort will be had to those Countries from whence the Wants of a People, can be best supplied: the unrivalled Excellence of the Brit. Manufactures, so conveniently adapted to the Accomodation of the People of America, secures a Preference to Great Britain—but there is another Point of Convenience, which the Brit. Trade affords, not to be dispensed with by the Traders of America, and which they can not obtain elsewhere: America must resort to that Country which can give the most liberal Credit: In England that Credit is best found; nor need we dread a rival in the Trade, while the Wealth & Punctuality of our Traders, & the Quality of our Manufactures, hold their Ground: The wanton Credits which have been given have involved many in Distress—a seasonable Restraint of Credit will operate most beneficially; it will cause a ready Sale of the Articles upon hand, and expedite Remittances of course. The present Views & Objects of those who look forwar Arrangement of a com[mercia]l. Treaty with England, extend <no furthur,> My Lord, than to the opening the Trade to the West American Vessels, of a certain limited Burden: Any of this sort, would
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