Publicly accessible
Letters of delegates to Congress, 1774-1789
Prepared for the University of Virginia Library Electronic Text Center.
I take the earliest opportunity of communicating the intelligence brought by Capt Barney. He brings us the preliminaries as settled between us & Britain, & which are to make a part of the definitive treaty when finished between the belligerent powers.(1) They acknowledge the Independance of the States -- founded Nova Scotia & Canada agreeable to the treaty of Paris, give us a line from thence through all the northern lakes from thence to the head waters of the Massacipi, then down the waters of that river to Florida & then to the sea coast including all the isles within twenty leagues of our coast. This gives us a vast extent of country back not included within any of our States, names to us the navagation of those great lakes & of the fine river Massacipi, which we are to enjoy in common with them. We are to have equal priviledges in the fisheries, to take & cure fish on the uninhabited isles as usual, but if on the lands in a territory of either, the permission of the inhabitants to be obtained. All old Debts contracted before the war on either side to be paid. And our commissioners agee that Congress shall recommend to the different States to repeal their confiscatory laws, & to permit the offenders to come in & purchase of the holders by paying the real value of the consideration, they had paid for the property -- that the property of British residents should also be restored, & that all others have the priviledge of staying one year to settle their affairs -- that no more confiscations shall be made & no further prosecutions for offences hitherto committed. The whole of this you will observe is but a recommendation, which the wisdom of each State will not hesitate to reject, & only consented to, to gratify in appearance the foolish pride of Britain. The preliminaries give satisfaction, & come up to the full wish of every American. We had rather the mention of refugees had been omitted, but in fact it amounts to nothing as it stands, & is a mere finess to avoid doing any thing for them.
Barney has a letter from Franklin as late as the 6th Jany. He left France the 17th Jany & his dispatches were made up the 1st & 14th Decemr. the Preliminaries signed the 30th Novr. (2) In Franklins letter to Barney he sais the negotiations seem further from a conclusion than they expected. The Count De Vergennes in his letter to Franklin inclosing dispatches to the French Minister here, sais that he still rather hopes that the Definitive treaty will be compleated. (3)
By all these you will find a peace still doubtful, & our hopes & fears not yet satisfied.
Should tomorrows papers produce anything, I will send them to you; if the Preliminaries should not be published I will copy them & send them down.
I am in great haste, with [...]ments to the family, Your most [...] very hble servt, Gunning Bedford junr
RC (DeHi: Richard S. Rodney Collection).
1 See also Elias Boudinot to George Washington , and James Madison's Notes of Debates, this date.
2 The articles of the preliminary peace treaty agreed to by the American and British commissioners on November 30, 1782, are in JCC, 24:243-51.
3 Vergennes had informed Franklin on December 25 that a French treaty with Britain was "far distant as yet." "It will be well," he went on to explain, "for you to advise Congress to be on their guard against anything that may happen. I do not despair, I rather hope; but everything is as yet uncertain." Wharton, Diplomatic Correspondence, 6:168.
I Sieze the first Moment to convey to you by Express the Authentic news of the Preliminaries of the Peace having been Signed at Paris the 30th of Novr. 1782 by the American Ministers Mr. Adams, Mr. Franklin, Mr. Jay & Mr. Laurens, and Mr. Oswald on the Part of the King of great Britain -- they consist of nine Articles the Chief of which are a full acknowledgment of our Independence, our Boundaries (which are sufficiently extensive), the Right of fishing &c. &c. &c. which are all to make part of the difinitive treaty of Peace when Signed. I have not time to be more particular and am with the Sincerest wishes for yr Happiness, and congratulation on this Happy event.
Yr. Most obedt. & affecte. Servt.
Theok. Bland Jr.
[P.S.] The news arrived by the Washington Packet, Capt. Barney, this morning with a British Passport.
RC (ViW: Tucker-Coleman Papers).
Your Favour with the garden Seed per Post came safe. I am sorry that you suffered so much about your Daughter, tho' as she was taken very violently, and the Doctor seemed so much alarmed, that I
Hanny joins me in Love to Mrs. P. & all Friends. Am Dr Sir, Yours Affectly.
EB
March 12th 1783. Since writing the above, Capt. Barney has arrived. He left L'Orient the 17th Janry. His last despatches is dated 25th Decr. 1782. He brings the preliminaries of Peace signed the 30th Novr. They consist of 9 Articles 1st. acknowledgmt of Independence. 2d. Boundaries of united States, full & clear. 3d free right to Fisheries. 4th Creditors on either side to recover all just Debts. 5th. Congress to recommend to the States the restoration of all Confiscated Property, belonging to british Subjects who have not taken arms -- and to all others on their paying the bona fide purchase Money that the Possessers gave for them. 6th No future prosecutions for Crimes and all now on foot to be discontinued. 7th a Firm Peace & Hostilities to cease in plundering -- all american Artillery to be left -- all archives, Deeds, Papers &c to be restored. 8th Navigation of Mississippi to be free to both Nations. 9th Any Place conquered after the date of Articles to be restored. As I have sketched this off as I was reading, do not suffer a Copy to be taken, but you may communicate the Contents generally.
These Articles are not to be in Force untill a Treaty between France & GB. is perfected, which is in great forwardness.
Capt. Barney Came with a british Passport.
Am in the greatest Haste & Hurry, Yours &c
RC (PHi: Gratz Collection).
The arrival of Captain Barney this morning creates so great a field for the circulation of reports agreeably to the complexion of the Reporter, that I have thought it not amiss to inform your Excellency of the substance of his dispatches, tho' you may perhaps receive it from other hands.
He left L'Orient the 17th of January last. His latest dispatches are dated the 25th December. The Preliminaries between America and
Great Britain were signed the 30th of November and contain nine articles, in substance as follows.(1)
1st. The acknowledgment of our Independence and the relinquishment of all rights, Claims &c. over us.
2dly. The Boundaries of the United States very Consonant to our Claim.
3d. A full and free right to the fisheries, with liberty to take fish on the several shores &c.
4. Creditors, on either side, to recover their just debts.
5. Congress to recommend the restoration of confiscated estates to British subjects, who have not born arms, and all others to be suffered to endeavour to prevail on the States to restore their property on their paying the bona fide purchase money paid by the Possessor. This indulgence to last 12 Months.
6th. No future prosecution for any past crimes and all present prosecutions to cease.
7. A firm peace, and hostilities to cease, on signing the Treaty. No plundering on the evacuation of Posts. All American Artillery to be left. All Prisoners of War to be set at liberty. All Archives, Deeds and papers taken by British Officers to be returned.
8. Navigation of Missisippi to be left open for both Nations.
9. Any place conquered by either party after the Articles shall arrive in America to be returned.
As I have sketched out the substance of these Articles from hearing them read amidst a variety of papers and while attending to the duty of my office in Congress, your Excellency will see the impropriety of depending greatly on their accuracy or suffering them to be made public.
The preliminaries are to take place on the Treaty between France and Great Britain being perfected, the principal articles of which were agreed on, and the negociation was going on when Capt. Barney left France, but not finished; and the Minister writes, that he rather thinks they will be soon finished.
I have the honor to inclose a letter from the Marquis de la Fayette, (2) which came under cover to me, requesting it to be sent by an Officer.
Your Excellency will be so kind as to excuse the extreme haste of this Scrawl, as the time obliges me to the greatest hurry.
I have the honor to be, with the highest respect and esteem, Your Excellency's Most obedt. & very humb. Servt,
Elias Boudinot
P.S. Capt. Barney came under the protection of a British Passport.
RC (DLC: Washington Papers). In a clerical hand and signed by Boudinot.
1 Washington also received "the substance of these Articles" this date from the secretary for foreign affairs, Robert R. Livingston, who in addition sent him the complete texts of articles 5 and 6 of the preliminary treaty. Washington Papers, DLC.
2 Lafayette's December 4, 1782, letter to Washington is in Lafayette, Papers (Idzerda), 5:72-74.
It is some[time] Since I receivd your favor respecting Mr Jefferson. I have been in daily expectation, of hearing something agreable, at least conclusive, on the important object you are so properly anxious about. Capt. Barney ariv'd here this morning from France -- he left L'Orient the 17th of Jany with a British passport, & some money & brought dispatches for Congress they have not all been yet read. The latest I can at present inform you of are under the 25th of Decr. at Paris.
We have sent by express the provis[iona] (1) articles signd between our Comsrs. & Mr Oswald the 30th of Novr.
The Substance (for I have not to make a fair copy for the Executive) are -- Boundaries restricting Canada to the articles of peace in 1763 -- or near -- Fishing allowed under moderate restrictions -- Refugees to depend on the Assemblies of the several States -- British debts to be dischargd -- Navigation of Missisippi free -- our Independence fully acknowledgd.
By the letter of the 25th of Decr. there were some apprehensions, that matters between the other powers woud not be very soon concluded, but the hopes & expectations on the contrary was most prevalent. France had made some progress in their Negotiation, but Spain & Holland little.
The King of Sweden had given powers to his Minister at Versailles to treat with Docr. Franklin on a treaty of Amity & Commerce. I beg my respectful Comps to yr. Lady, & that you will believe me, Dr. Sr, with great esteem & regard, Yr Most Ob Sert, Danl Carroll1
[P.S.] Mesrs. Wm Smith &ca can inform you more particularly.
RC (MiDbEI: Americana Collection).
1 Carroll also wrote the following brief letter this day to Daniel of St. Thomas Jenifer: "I wrote you by post [i.e., March 11th] that Mr. MacClanaghan had promis'd to pay me £75. I call'd upon him at the time appointed, but he was not at home, nor have I heard from him since.
"I must refer you to the joint Letter from the Delegates by express to the G[overnor] & C[ouncil] on the subject of dispatches receivd." Red Books, 10:41, MdAA.
I have but a moments time to Inform you that Capt Barney in a Congress Packet arrived this morning from France under a British passport with Dispatches from our Ministers there the latest date of
RC (CtHi: Jonathan Trumbull Jr., Papers).
Congress have for some time past been employed in endeavoring to restore public credit, and to fall on some plan for doing justice to, and satisfying of our Army. And as it is not possible to obtain a sufficient sum of money in any reasonable time to answer the above purposes, it is concluded that there is no mode in the power of Congress, and the several States, but only to establish funds that will be adequate to the payment of the interest of all debts due from the United States.
What will be the most proper articles to recommend to the States, on which to lay duties is now before us. Many things have been proposed, and many objections to each of them have been stated, and finally what we shall agree to, I am not able to even conjecture, (except that the impost of 5 per cent with a little variation, from what it was before, I believe will be one).
We have had under consideration at the request from the Army a commutation for their half pay after the war; (1) we yesterday had the question after many days being spent thereon; it was lost by the vote of one single person: but I believe that it is a matter of so much consequence to the Army, that the person (after consideration) will bring on the matter again and give his assent to it; in that case it will be carried by nine States.(2) And if the Army agree to accept it, it will be
I have for some time past been in hopes that I should have been able before this day to have congratulated your Excellency that a happy peace was actually concluded; but we are still in suspense, no news from Europe for this long time; what the difficulties are which prevents it, we are entirely at a loss.
By Mr. Shattuck we rec'd Colo. Hay's order on Mr. Parker, which is accepted, and which I suppose will soon be paid; it is for two hundred pounds for Colo. Hamilton and myself; as I do not expect any more money from the State, I shall continue here as long as this will last, with what I have of my own, which will be but a few days longer. I hope, therefore, that one of my colleagues will soon come on to take my place.
From your Excellency's most obedt. and humble Servt.
Wm. Floyd.
[P.S.] Since writing the above this morning our packet, the Ship Washington, Capt. Barney, is arrived here; he has brought us letters as late as 25 Dec'ber -- the General Peace not concluded, but in a fair train. We have rec'd the Articles between Great Britain and America -- to take place when France agrees to a peace. I cannot mention particulars at present, but in general the Articles of our peace are favorable excepting one which I do not like: but it was not to be avoided. But I believe it will not work much to our disadvantage. I hope in my next I shall be able to be more particular. He did not sail from France till the 17th January; peace was not finished then; the negociations were going on.
The post is now going, and I have not a moment; from, &c.
Wm. Floyd
Tr (MH-H: Jared Sparks Collection).
1 See James Madison's Notes of Debates, March 10 and 11, 1783.
2The lone dissenter was Eliphalet Dyer, who eventually explained his decision to support the measure, as Floyd predicted, in a long letter to Connecticut governor Jonathan Trumbull, Sr., of April 12, 1783. His performance at this time and the pressure brought on him to reverse his stand is also explained in the following March 15 letter from Gen. Alexander McDougall to Gen. Henry Knox.
"The tenth Instant all the States but Georgia were represented in Congress. Before the arrival of the Delegates from Deleware, there had been several Divisions on the question of the Commutation; on the last, seven States were for it, Connecticut divided, Jersey, Rhode Island and New Hampshire were against it. Colonel Dyer who was the Connecticut Member who dissented, assured Congress, myself and others, that when Delaware came up, if they should be for the measure, he would vote for the question; so that Connecticut and Delaware would compleat Nine States. It is a rule of the house, that when a question is lost, it cannot be called up for reconsideration but on the motion of a member who was for the Negative. When the Delaware Members arrived, Colonel Dyer moved to have the Report of the Committee for commuting the half pay re-committed: which was accordingly done: and brought in the 10th instant, when to the
"I shall however wait on him once more, to endeavour to convince him of the impracticable Nature of his opinion and tell him in plain terms, in what light the Army and all honest Men must consider his Conduct, if he persists in it. If I fail of Success, I shall return to the Army the latter end of this Month; for I shall then have no hope of accomplishing the end of my Mission. The last intelligence from Europe is contain'd in the Newspapers which accompanies this." Knox Papers, MHi.
This Morning Capt. Barney (in the Continental Packett Washington) Arrived here from L'Orient which place he left the 17th January. He had a Passport Signed by the British King. Congress have sundry dispatches by him, some of which have been read, others are Decyphering &c. -- have the Prelimanary Articles which were Signed Novr. 30th by Mr. Oswald on the part of the British King, Messrs. Adams, Franklin, Jay & Laurens on the part of the U.S and which are to be inserted in the General Treaty for Peace, when the same shall be agreed to.
The Articles respecting the Boundaries of the United States & that respecting the right of Fishery, are Ample & I believe Equal to the most Sanguine Expectation. These Two very Important Articles are highly pleasing, as are most of the others.
Prelimanaries between the other Belligerent powers are proceedg in but their are some Obstructions in the way, and it is Uncertain when a Genl. peace will take place, tho. hope the time is not far distant.
It is probable Congress will direct some Official Communications to be made to the several States of these dispatches though it cannot be done this day.
Want of time prevents me from writing further.
I have the Honor to be. Your most Hum servt.
John Taylor Gilman
P.S. Please to inform Collo. Bartlett, that I have recd. his Letter of the 14th Ultimo. Want of time prevents my Answering it this Post.
RC (MHi: Weare Papers).
A few hours since, Congress recd. from our Commissioners the articles agreed upon between them & the Minister appointed by the King of G.B. to negotiate a peace. They are to take place as soon as the genl. Peace is concluded between England & France; the articles in ful or in part will be communicated to the several states as soon as Congress has determined the propriety of making them or any part of them public at this time; & as the post may sit out before this gits to the office I can only add that they are considered here, so far as I can form judgment, in a favorable light, and I think I can say that they are as much in our favor as I ever expected.
I have the Honr. to be with the greatest respect, your Excellency's most obedient servant.
P.S. From the appearance of the whole intelligence I find it uncertain when a Peace will take place.
FC (PPIn: Americana Collection). In the hand of Samuel Holten.
I enclose you three Newspapers containing the Essays of Lucius, Valerius, & Bellisarius which deserve your perusal & being reprinted in your Papers.(2) Barney is arrivd with Dispatches. He left L'Orient the 17 Jany. He keeps strict silence & none of his Crew are allowd to come on shore. The Letters were all carried to Mr. Morris, from whom Congress have not yet receivd any intelligence. When his speculations are settled we shall be favord with the news. All these restraints upon public information & the engrossing all the Letters, are by his own order, Congress knowing nothing of it; & I verily believe for the sole purpose of speculation. I was persuaded when his friends proposd the purchasing Barney's vessel & dispatching her under his direction, that it was
for the same purpose. Thro' the whole war he has made his public trust subservient to his private Speculation, & has thereby become as rich as a Jew.
You wish to have some observations on the manners of this place. They are as little worthy of panygeric as an awkward imitation of the French can make them. Broke suddenly loose from the simplicity of quaker manners, dress & fashon & affecting the vanity, & nonsense, if nothing worse, of french parade, you may conceive they are more fit subjects of redicule than of admiration. Mr. Morris, Mr. Bingham, Mr. Ross & others, who have made large fortunes during this war, employ their wealth in a manner not very consistent with that un-ostentatious virtue which ought to animate an Infant republic. Extravagance, ostentation & dissipation distinguish what are calld the Ladies of the first rank. There are however exceptions, these being prudent, amiable & worthy persons of both Sexes. But the generality seem to be intoxicated with a sudden change of manners & unexpected elevation.
I had not time to finish this Letter, being occupyed by attending to the Dispatches. The preliminary Articles are well enough, but being conditiond on the conclusion of Peace with France, which seems to me not probable this year; they still remain dependent on the issue of this campaign at least, which if very successful on the part of the Enemy may make them retract these conditions, & if ever so prosperous on the part of our Ally, we cannot hope for any thing better, as the latter seems more averse to our participation in the Fishery, & our possessing the western Country, than the English themselves are. We are placd in this uncomfortable situation, by the ambition of our Ally, And by the obligation our Alliance is supposd to have imposd upon us not to make Peace without their concurrence. My latest Letters give the most sanguine expectations of speedy peace.(3) But from reasoning on all circumstances it appears to me at least very doubtful. I wish most sincerely that peace may take place, & give us an opportunity of arranging our governments & Finances & of paying our Debts.
I receivd the two Joe's you was so good as to send me for interest; & am very much obligd to you for your attention to my Affairs. When peace will permit the travelling in the extreme parts of your State, & I am freed from Congress, I shall revisit you, & take a view of the Country where the grant to me may be located. In the mean time I trust to your goodness & care to have the location made as advantageously as possible.(4)
Mr. J. Adams is so persuaded, that Peace is settled that he has desird leave to resign & return home.(5) I am not of opinion that we can spare him yet. He & Mr. Jay have acted a spirited, independant, & therefore, in my judgment, a most laudable part; & will be necessary in Europe to counteract the treachery of old Franklin. I had drawn up a vote of thanks to Mr. Adams for the extraordinary Services he has renderd us
Mr. Adams has mentiond one mark of his tricking & selfish disposition. He obtaind a promise from Mr. Jay when at Madrid, to give his voice for appointing his Grandson W. T. Franklin, a young insignificant Boy as any in existence, to be Secretary to the Embassy for making Peace, who ought to be a person of consummate prudence, ability & worth. Upon this he appoints him to that office without consulting the other Commissioners.(7) Thus while Govr. Franklin is planning our destruction in London his Father & Son, are entrusted with all our Secrets in Paris. If it shoud be said that the establishd character of the old man will justify such a confidence; the same can not be urgd in favor of the young one, who is yet to be tried & has no character at all.
I enclose you a Paper containing the preliminary Articles. With the most cordial remembrance of Mrs Warren's politeness & very agreable conversation, I beg you will present to her my best respects. My Nephew T. Shippen 8 is equally pleasd with the Society at Milton & desires his respects.
Farewell, A. Lee
RC (MHi: Warren-Adams Papers). Endorsed: "Dr. Lees Lettr., Decr. 82."
1 Lee inexplicably misdated this letter, as he clearly acknowledged in his first paragraph the arrival of Capt. Joshua Barney with dispatches from the peace commissioners -- news that filled the letters of his fellow delegates this date.
2 Lee probably enclosed the February 19, and March 5 and 12 issues of the Freeman's Journal. Essays by "Lucius" denouncing Robert Morris were published March 5 and 12, by "Valerius" attacking John Dickinson on February 19 and March 5 and 12, and by "Belisarius" assailing Morris on February 19. Earlier attacks on Morris and Dickinson under these pseudonyms had also appeared in the issues of January 21, 29, and February 12; they continued on April 2, 9, and 23.
3 For one of the "latest Letters" received by Lee, see the first paragraph of his letter to Washington, March 13, 1783.
4 For Lee's Massachusetts land grant, see these Letters, 10:4n.3.
5 John Adams' requests of December 4 and 14, 1782, are in PCC, item 84, 4:301, 317; and Wharton, Diplomatic Correspondence, 6:106, 133-34.
6 For another disparaging view of Franklin that Lee included in a March 11 letter to Edmund Randolph, which has not been found but which Randolph quoted in a March 22 letter to James Madison, see Madison, Papers (Hutchinson), 6:380. See also Madison's praise of Franklin in his letters to Randolph of this date and April 1, 1783 .
7 John Adams had made the following observation about the appointment of William Temple Franklin in his November 6, 1782, letter to Robert R. Livingston. "Dr. Franklin, without saying any thing to me, obtained of Mr. Jay a promise of his vote for Mr. W. T. Franklin to be Secrey. to the Commission for Peace." See PCC, item 84, 4:235; and Wharton, Diplomatic Correspondence, 5:855. John Jay later denied that Franklin had solicited
8 That is, Thomas Lee Shippen, son of Dr. William Shippen, Jr., and Lee's sister, Alice.
I sit down to mention the news of the day, which you will be pleased to communicate to our friends in Dover.
Captain Barney arrived this day from France, under the protection of a passport signed by the British King, and brought the Preliminary Articles of Peace, signed by the Commissioners on the part of Great Britain and the United States of America, on the 30th November last. The Preamble sets forth that they are not to take effect 'till a Peace with France is concluded, and that they are to be included in, and make part of, the definitive Treaty.
By the 1st Article, the King of G. Britain, acknowledges the United States of America to be free, independant and sovereign States, and for himself, his heirs and Successors, forever relinquishes all right and title to them. By the 2d the boundaries are fixed, to begin at the North West Angle of Nova Scotia, and run to the North West head of Connecticut River -- then down the River to the 45th degree of North Latitude -- then thro' the Lakes Ontario, Erie, Huron, Superiour, long Lake, and Lake of the Woods; and from the North West end of the latter a due West Course to the river Mississipi -- then down that river to the 3lst degree of North Latitude -- then to the river Apalachicola -- from thence to the Flint river -- from thence to St. Mary's river, and down that river to the Atlantic Ocean. The line between New England and Nova Scotia to begin at the mouth of the river St. Croix, which empties into the Bay of Fundy, and run from thence to the first place of beginning, including all Islands within 20 leagues of the Land, except such as were formerly known to belong to Nova Scotia. By the 3d we have a right to fish on the Banks of Newfoundland, and to cure the fish on certain uninhabited islands. By the 4th Creditors in either Country are to be allowed to recover their just debts contracted before the year 1775. By the 5th Congress is to recommend to the Several States to restore confiscated property to real British subjects, and also to Persons resident within the British lines who have not borne Arms against the United States; and to suffer others of different descriptions to go into any of the States and remain 12 Months in order to endeavour to recover their property -- to revise their Laws for Confiscation, so that the estates which have been sold may be restored to
This Account is taken from short Notes made in Congress during the reading of the Articles, and therefore cannot be supposed to be very Accurate. I write it in haste in hopes of meetting with a conveyance this evening -- if it should not go before to-morrow it may be accompanied with a News Paper.
Please to present my Compliments to Dr. Tilton, and inform him that the Commutation of the officers half-pay was agitated in Congress on Monday last, and the question lost by the division of Connecticut.(1) I think it probable it will be brought on again in a few days.
I am Sir, with much respect, your most obedient and most humble servt. E. McComb.(2)
RC (PHi: Gratz Collection).
1 See James Madison's Notes of Debates, March 10 and 11 ; and William Floyd to George Clinton, this date, note 2 .
2 McComb had just taken his seat in Congress on March 10. See JCC, 24:177.
His accounts as a Delaware delegate indicate the following periods of attendance the following six months: "For going to Philada. attending there as a Delegate in Congress, and returning home, from 4th March 1783 to 6th April following, inclusive, 34 days...; Do a second time, from 14th April 1783, to the 30th same Month, inclusive, 17 days...; Do a third time, from 26th May 1783, to the 18th July following, inclusive, 53 days at Philada. & Princeton...; Do a fourth time from 21st July 1783 to 2d August following, inclusive, at Princeton, deducting 4 days spent at Philada. 8 days." George Read Papers, DeHi.
These days were employed in reading the despatches brought on Wednesday morning by Capt. Barney commanding the Washington Packet. They were dated from Decr. 4 to 24 from the Ministers Plenipo. for peace, with journals of preceding transactions, and were accompanied by the Preliminary articles signed on the 30th of Novr. between the said Ministers & Mr. Oswald the British Minister.(1)
The terms granted to America appeared to Congs. on the whole extremely liberal. It was observed by several however that the stipulation obliging Congs. to recommend to the States a restitution of confiscated property, altho it could scarcely be understood that the States would comply, had the appearance of sacrificing the dignity of Congs. to the pride of the British King.(2)
The separate & secret manner in which our Ministers had proceded with respect to France & the confidential manner with respect to the British Ministers affected different members of Congs. very differently. Many of the most judicious members thought they had all been in some measure ensnared by the dexterity of the British Minister,(3) and particularly disapproved of the conduct of Mr. Jay in submitting to the Enemy his jealousy of the French without even the knowledge of Dr. Franklin, and of the unguarded manner in which he, Mr. A. & Dr. F. had given in writing sentiments unfriendly to our Ally, and serving as weapons for the insidious policy of the Enemy.
The separate article was most offensive, being considered as obtained by G. B. not for the sake of the territory ceded to her, but as a means of disuniting the U. S. & France, as inconsistent with the spirit of the Alliance, and a dishonorable departure from the candor, rectitude & plain dealing professed by Congs.(4) The dilemma in wch Congs. were placed was sorely felt. If they sd communicate to the F. Minister (5) every thing, they exposed their own Ministers, destroyed all confidence in them on the part of France, & might engage them in dangerous factions agst. Congs. which was the more to be apprehended, as the terms obtained by their management were popular in their nature. If Congs. sd. conceal everything, & the F. Court sd. either from the Enemy or otherwise come to the knowledge of it all confidence wd. be at an end between the allies; the enemy might be encouraged by it to make fresh experiments, & the public safety as well as the national honor be endangered. Upon the whole it was thought & observed by many that our Ministers particularly Mr. Jay, instead of making allowances for & affording facilities to France in her delicate situation between Spain & the U. S. had joined with the enemy in taking advantage of it to increase her perplexity; & that they had made the safety of their Country depend on the sincerity of Ld. Shelburne, who was suspected by all the world besides, and even by most of themselves. See Mr. L____'s letter Dcr. 24.(6)
The displeasure of the French Court at the neglect of our Ministers to maintain a confidential intercourse & particularly to communicate the preliminary articles before they were signed, was not only signified to the Secty. of F. A. but to sundry members by the Chevr. de la Luzerne. To the former he shewed a letter from Ct. de Vergennes directing him to remonstrate to Congs. agst. the conduct of the Amr. Ministers; which a subsequent letter countermanded alledging that
Docr. F. had given some explanations that had been admitted; & told Mr. L. that the American Ministers had deceived him (de Vergennes) by telling him a few days before the preliminary articles were signed, that the agreement on them was at a distance; that when he carried the articles signed into Council, the King expressed great indignation, & asked if the Americans served him thus before peace was made, & whilst they were begging for aids, what was to be expected after peace &c. To several Members he mentioned that the King had been surprized & displeased & that he said he did not think he had such allies to deal with.
To one of them who asked whether the Ct. of F. meant to complain of them to Congs. Mr. Marbois answered that Great powers never complained but that they felt & remembered. It did not appear from any circumstances that the separate article was known to the Court of F. or to the Chevr. de la Luzerne.(7)
The publication of the preliminary articles excepting the separate article in the Newspapers was not a deliberate act of Congs. A hasty question for enjoining secresy on certain parts of the despaches which included these articles, was lost; and copies havg. been taken by members & some of them handed to the Delegates of the Pena. one of them reached the printer. When the publication appeared Congs. in general regretted it, not only as tending too much to lull the States, but as leading France into suspicions that Congs. favored the premature signature of the articles and were at least willing to remove in the minds of people the blame of delaying peace from G. B. to France.(8)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:328-30.
1 This entry in Madison's Notes provides an instructive reminder of the striking gaps found in Secretary Charles Thomson's journal of Congress, which contains no entries for the dates March 11 through 17, although the editor of the modern edition of the journals created a number of entries for these dates drawn from various other documents in the PCC. Cf. PCC, item 1, vol. 34, and JCC, 24:181-86. Thomson's "despatch book" (PCC, item 185, 3:56-57) contains the principal listing of the documents delivered by Capt. Joshua Barney. Among them were John Adams' dispatches of November 6, 11, 18, 21 and December 4 and 14 (2), 1782, to Robert R. Livingston, his November 17 letter to Robert Morris, and extracts from his Paris journal from November 2 to December 13 (PCC, item 84, 4:234-302, 309-18, item 137, 2:221-27; and Wharton, Diplomatic Correspondence, 5:845-46, 849, 854-58, 869, 872-80, 6:6-11, 52-54, 56-66, 70, 72-74, 82-88, 90-93, 103-6, 109, 122-25, 133-34); Benjamin Franklin's November 26 letter to Richard Oswald, and his December 4, 5-14, and 24-25 dispatches to Livingston, the latter of which inclosed his May 9-July 1 journal of negotiations, and the comte de Vergennes' December 25 letter to him (PCC, item 82, 2:289-337, item 100, 1:357-481, item 137, 2:216-18; and Wharton, 5:535-85, 6:77-80, 106-7, 110-14, 159-60, 163, 168); Henry Laurens' December 15 and 24 dispatches to Livingston, the first of which included a copy of his December 9 letter to Lord Cornwallis (PCC, item 89, fols. 237-47; and Wharton, 6:121, 138-40, 160-65); and John Jay's November 17 and December 12 dispatches to Livingston, the first of which included his journal kept at Paris from June 3 to November 17 (PCC, item 110, 2:142-263; Wharton, 6:11-41, 130). The commissioners joint dispatch to Livingston of December 14 included copies of the peace terms initially proposed by them and by the British commissioners, the
2 Madison is referring to the 5th of 9 articles, which were entered on the journals when Congress ratified them on April 15. See JCC, 24:243-51.
3 That is, William Petty, the earl of Shelburne.
4 For this separate article, which set the southern boundary of the United States farther north should Great Britain succeed in gaining control of West Florida in its negotiations with Spain, see JCC, 24:250-51.
5 That is, the chevalier de La Luzerne.
6 For Henry Laurens' December 24, 1782, dispatch, see note 1.
7 For the dispatches that La Luzerne had received from the comte de Vergennes and which had been conveyed by Pierre Franìois BarbÄ-Marbois, younger brother of French consul general Franìois de BarbÄ-Marbois, see Morris, Papers (Ferguson), 7:558n.3. See also William E. O'Donnell, The Count De La Luzerne. French Minister to the United States, 1779-1784 (Bruges: DesclÄe de Brouwer, 1938), pp. 232-36.
8 A summary of the preliminary articles had appeared in the Pennsylvania Packet of March 13; the full text on March 18.
Capt. Barney commanding the American packet boat which has been long expected with official intelligence from our Ministers in Europe arrived here this morning.(1) He brings a supply of money the sum of which I cannot as yet specify & comes under a passport from the King of G. B. The despatches from our Ministers are dated the 5, 14 & 24 of Decr. Those of the 14th inclose a copy of the preliminary articles provisionally signed between the American & British Plenipotentiaries. The tenor of them is that the U.S. shall be acknowledged & treated with as free, sovereign & independt., that our boundaries shall begin at the mouth of St. Croix, run thence to the ridge dividing the waters of the Atlantic from those of St Laurence, thence to the head of Cont. river, thence down to 45o N. L. thence to Cadaraqui, thence thro' the middle of Lakes Ontario, Erie, Huron & Superior to Long Lake, to the lake of the woods & thence due W to the Mississippi, thence down the middle of the river to L. 31, thence to Apalichicola, to Flint river, to St. Mary's & down the same to the Atlanmtic,
In the course of the negociation G. B. contended for not only the limits marked out in the Quebec Act, but all ungranted soil, for a contraction of the fisheries, and for absolute stipulations in favr. of the loyalists.
The despatches of the 14th speak also of the principal preliminaries between F. & G. B. being settled; but of little progress being made in those between Hold. & Spn. & the latter; & of none between Spn. & U.S.
A letter of the 24 Decr. from Dr. Franklin varies the scene somewhat. It says that uncertainties were arising from the unsettled state of minds in England & incloses a letter from Ct. de Vergennes observing that difficulties had arisen from the very facilities yielded on the part of France; & concluding with these words as well as I can recollect, "Je ne desespere pas, J'espire plutÖt; mais tout est incertain."
Franklin's correspondence on this occasion denotes a vigor of intellect, which is astonishing at his age, a letter to the British Minister on the case of the Tories in particular is remarkable for strength of reasoning, of sentiment & of expression.(2) He concludes his letter to Congs. with observing that he is now entering on his 78th year, 50 of which have been spent in the public Service; and that having lived to see like Simeon of old the salvation of his Country, his prayer is that he may be permitted to retire from public life. Mr. Adams has also transmitted a resignation.
The arrival of this intelligence will probably procure from Congs. some final decision with respect to Mr. Jefferson.
Having given you all the facts which hurry wd. admit I leave you to your own conclusion as to the object of them.
Farewell. J Ma[dison Jr.]
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:339-41.
1 For the dispatches brought by Capt. Joshua Barney, see the preceding entry, note 1.
2 That is, Benjamin Franklin's letter of November 26, 1782, to Richard Oswald.
Captain Barney arrived here this Morning from France -- he left L'Orient the 17th of Jany. under a british passport and brought dispatches for Congress, they have not all been yet read -- the latest we can at present inform you of are to the 25th of December at Paris.
Considering the long delay of intelligence, and the anxiety which that and the importance of the Object under Negociation must have occasioned, we have concluded to forward what intelligence we are possessed of at present & therefore inclose a Copy of the provisional Articles signed by our Ministers and Mr. Oswald on the 30th November. We hope you will be able to make them out, time is not permitted to make a fair Copy.
By the information under the 25th of Decr. there were some apprehensions, that matters between the other powers wou'd not be very soon concluded, but the hopes & Expectations on the contrary were most prevalent. France had made some progress in her Negociations, Spain & Holland but little.
The King of Sweeden had given powers to his Minister at Versailles to enter on a Treaty of Amity & Commerce with the American Minister.
We have been under the necessity of agreeing to give £8.0.0 to the Express to Baltimore.
We have the honor to be Your Excellencys & Honors Most respectful & Obt Servts, Tho. S. Lee
Danl Carroll
Wm. Hemsley
RC (MdAA: Red Books). Written by Hemsley and signed by Carroll, Lee, and Hemsley. Endorsed by William Smith: "The Express who will have the honor to deliver this to yr. Exy will call on you for payment. I have made no agreement with him. Balto. Mr. 15. 1783."
At the Instance of the other Delegates I have made a hasty Copy of the Provisional Treaty between Gt Britain & the U States which I have not time to compare. You will be pleased to communicate it for the Satisfaction of the Hble Council & House of Assembly 'till a more complete Communication can be made. The Letters accompanying the Treaty are too long to copy at this Time. It appears that Holland have done little -- Spain not far advanced & the affairs of France not concluded.
I have the Honour to be with respectful Esteem, Yr obed Servt,
R. Peters
In Behalf of the Delegates of
Pennsilvania
RC (PPL: Logan-Dickinson papers).
We have the pleasure of Announcing the Arrival of the preliminary Articles for a Peace -- they were signed by Mr Oswald on the part of G. B. and by Messrs. Franklin, Adams, Jay & Laurens on the part of the U.S. -- on the 30th of November last.
Capt Barney who brought the dispatches Arrived this Morning -- he left L'Orient the 17th Jany. at which time he had no information that the definitive Treaty was completed.
The Arrival is too late to admit [of] giving any particulars this post. In Our [next] we hope to make a more full communication.
We are very respectfully, Your Excellency's Very humble Servts. John Collins
Jona Arnold
P.S. The above Articles will be in force when all the Belligerent powers, have advanced so far towards a general peace.
RC (RPJCB: Americana Miscellaneous). Written by Arnold and signed by Arnold and Collins.
We have judged it most advisable to communicate to your Excelly. by Express the purport of the dispat[c]hes from our Ministers at Paris, which have this day arrived by Capt. Barney, who left l'Orient the 17th of Jany. protected by a passport under the signature of his Brittanick Majesty, after having been long detained for the purpose of forwarding advices relative to the negociations for Peace.
These will be found important, altho' not decisive, & we consequently think it our duty, to furnish yr Excelly. with the information requisite to form your own judgement respecting the prospect we have of a speedy Peace, not doubting that you will so far diffuse communications (as may appear necessary) on a subject that must influence the measures of the Public & of individuals.
The preliminary Articles of Peace were signed by Mr. Ozwald, Minister Plenipotentiary of Great Britain, & Messrs. Adams, Franklin. Jay & Adams, our Ministers -- provisionally, that is to say, to be effective when the definitive treaty may be concluded between France & Great Britain. They are forwarded to us & contain 8 Articles, substantially of the following import.
An ample recognition of the independance of the United States & relinquishment on the part of his Brittanick Majesty for himself, heirs & successors, of all claim to right of sovereignty, property or jurisdiction within the limits of the territory of the States, which are fully settled & described in the second Article.
They are affixed much on the principle of the treaty of Paris, but to give you a more accurate idea without a minute detail, the line established, is from the mouth of the River St. Croix to the source, thence north along those mountains which divide the waters that fall on each side into the St. Lawrence & Atlantic Ocean, thence to the head of Connecticut River, thence down the middle of that River to the 45th degree of Latitude, thence west to the River Iroquois or Cataroquy, thence along the middle of the said River to the Lake Ontario, thence thro' the middle of that Lake & the Lakes Erie, Huron, Superior & the lake of the woods, pursuing the middle of their water communications, thence due west to the Mississippi, thence along the middle of that River to the 31 degree of North latitude, & thence from that intersection, nearly an East course to the source of St. Mary's River, thence down the middle of that River to the Atlantic Ocean, together with all Islands in sd. Ocean within 20 Leagues of the Continent.
The great Fisheries to remain free to both nations, with liberty, to cure on the shores subject to either power, & we are also admitted to fish & cure on the shores of Labrador untill they may become settled. Debts due on both sides are to be recovered -- no farther confiscations to take place & Congress are earnestly to recommend to the different States to revise those Laws, which forfeit the property of British subjects who have never born Arms against the United States, and all those refugees who have born Arms are to be permitted to make personal application to the different Legislatures to be reinvested, in their Estates on repaying any Sums which may have been bona fide paid by the present possessors.
The subjects of either Power are reciprocally to enjoy in every commercial intercourse all advantages that the subjects of each respective
Power enjoy within their own dominions, saving the exclusive rights of the chartered Companies of Brittain, from an interference with which all other British subjects are precluded.(1)
All posts within the territorial limits of the United States at present held by the British troops, are to be evacuated, without carrying any property which may have been seized from the Americans. All Posts taken since the signing of these Preliminaries to be immediately relinquished. These together with a general amnesty on both sides for all offences, & a ceasing of all criminal prosecutions arising on such offences, constitute the ground work of the agreement which has been thus reciprocally signed.
On the 24th Doctr. Franklin writes that difficulties had intervened between that date & the 15th of Decr. when his last was dated accompanying the above in the prosecution of the Negociations between France & Great Britain.(2)
It appears from the Journals of these negociations & the Letters of our Ministers previous to that date that the chief difficulty arose from Gibraltar. France had offered to give G. B. the Island of Guadaloupe for that post & to receive in return from Spain the half of St. Domingo, which belongs now to Spain but Britain obstinately contended for Porto Rico. However to give your Excellency a just idea of the present information of Congress on this subject, We transcribe to you quotations from a Letter from the Comte de Vergennes to Doctor Franklin, dated the 24th transmitted by him to Us. "Our Negociations (i.e. between France & G. B) are at the same point with yours; but yet far from an end," then again "Our facility has occasioned difficulty" and again, "I do not despair; I rather hope, yet every thing is uncertain." On the whole I believe the preliminaries between France & Britain are agreed on tho' not signed (an account of them such as we have will be communicated in our next) & that Spain & Holland have made but little progress in their business.
Thus far go the dispatches which we have already perused, matters of importance may yet be behind, & communications of very consequential import are expected from the Minister of France. If from these sources any intelligence may spring, yet unknown -- Yr. Excellency may expect it by our next, which will follow this by an Opportunity that will give it a speedy & safe conveyance.
A Copy of the Commission of his Swedish Majesty, to his Minister in France, empowering him to conclude a treaty with the United States, is now transmitted us.(3) The terms in which it is conceived are not only ample but honorary & flattering &c. We are happy to assure Yr. Excellency that some progress has been made in a treaty with that Power.
We are assured that a deputation from the Refugees at N York are Sent to the legislature of that State requesting to know what terms they are to expect & every thing there portends a very speedy evacuation.
With high respect, We have the honor to be, Yr. Excellency's most ob. & very humble Servants.
Jos. Jones Arthur Lee
James Maddison John F. Mercer
Theodorick Bland
P. S. I find that the Article respecting Commerce altho' adjusted as above, yet was excluded by Mr. O. when about to sign, as several Acts of Parliament stand in the way.4 The Express who brings you this will apply to yr. Excellency for 24 -- which was the price stipulated, one third however will be repaid us by the Maryland Delegates.
RC (Vi: Continental Congress Papers). Written and signed by Mercer who also signed for the other four delegates. Madison, Papers (Hutchinson), 6:333-36.
1 The delegates are referring here to the 4th article of those proposed by the American commissioners on October 8 and not a provision of the preliminary articles signed November 30, 1782. See PCC, item 82, 2:293-96; and Wharton, Diplomatic Correspondence, 5:805-7.
2 For Benjamin Franklin's December 24-25 dispatch to Robert R. Livingston enclosing the comte de Vergennes' letter of December 25th (not the 24th), see PCC, item 82, 2:317-18, 335-37; and Wharton, Diplomatic Correspondence, 6:163, 168.
3 This information was conveyed in John Adams' December 14 and Franklin's December 24-25 dispatches to Livingston, the latter of which included a copy of the commission from King Gustavus III to Gustav Filip, count Creutz. See PCC, item 82, 2:317-25, item 84, 4:317-18; and Wharton, Diplomatic Correspondence, 6:133-34, 163-64.
4For the "Article respecting Commerce" eliminated by Richard Oswald, see note 1 above.
Incloasd. is a letter from Rhode Island which I was Requested to forward to you.(1)
I Received a letter from my Sister who spends the [winter?] with your mother in South Kings Town, She mentions your Borthers [sic] are all well.
The Washington packet arrived here the 11th instant 2 from france with dispatchis from ouer minsters that Contain the prolimenary articals Concluded between them and the British minesters, which are more favourable the [than] I ever Expected we Should obtain.
I must Refer you to Major Burnet for proticulars. I Wrote you by Major Edwards. Relateing to Some of my affairs in Georgey, 3 I[f] you Can give me any information you Will Greatly oblige, Your friend & Humble Servant, John Collins
RC (MiU-C: Greene Papers).
1 Not identified.
2 Actually the 12th.
3 See Collins to Greene, January 5, 1783 .
I did myself the honor of addressing your Excellency yesterday (in haste) a few moments before the post set out, but as Mr. Brown is about returning to Boston, & may arrive before the post, I take the liberty to inclose a newspaper which contains the most important part of the European intelligence, received here yesterday by captain Barney; by the articles you will perceive our right to fish secure & also the boundaries to the eastern parts of our State.
I have the honor to be, with perfect respect, your Excellency's most obedient Servant.
FC (DLC: Holten Papers). In the hand of Samuel Holten.
In a Letter I recievd yesterday, dated Paris, Decr. 14 from a Gentleman exceedingly well acquainted with the Politics of St. James's,(1) is this passage -- "The acknowlegment of American Independency gives a right to Neutral Powers to trade directly to America. This will be a great advantage shoud the War continue, of which I think there is little probability. Europe seems to be in a disposition for Peace; & it is absolutely necessary for England."
This necessity of England, seems pretty clear from the King's Speech; & Mr. Jay writes that on the return of Count de Vergennes Secretary from London, whither Mr. Jay supposes he was sent to prevent the british Court from treating with us as an independent Nation, the Count told him he believd Ld. Shelburne was sincere in his desire of Peace.(2) If he is so, I am sure it must be from the necessity mentiond by my Correspondent, as I am persuaded that is not his inclination.
So far the prospect is fair for Peace; but Count de Vergennes writes that tho' he has hopes, he has fears(3) -- the preliminary Articles with France were not signed the 6th of Jany. Count d'Estaing & M. de la Fayette had saild for Cadiz apparently upon an expedition which woud hardly have taken place, if the Cabinet of France had not been determind upon a continuance of the war.
Our Dispatches mention that the british Commissioner made a proposition to ours, that we shoud agree not to molest their troops in their evacuation of N. York; which implies their wish of doing so; & the stipulation that if any place shoud have been taken by us between the signing the Conditional Articles & their arrival in America, it shoud be restord -- seems to suppose that on such arrival hostilities shoud cease.
There are many complaints of the most atrocious depredations of the Refugees on the shores of Potomac. These at least I presume the british Commander in Chief will now restrain, as being not only contrary to the pacific professions of his Master; but to the Laws of war among civilizd Nations.
Congress have thought proper to enjoin secrecy with regard to communications of some of our Ministers, touching the conduct of the French Court during the negociation. What I have mentiond, relative to the mission of the Count's Secretary to London, is strictly speaking within that injunction. But I apprehend, the Secret will be at least as safe with your Excellency as with us; & it seems to me as necessary that you shoud be circumstantially informd.
I beg you will make my best respects acceptable to Mrs. Washington.
I have the honor to be, with the greatest respect & esteem, Yr. Excellency's most Obedt. Servt. A. Lee
RC (DLC: Washington Papers).
1 Not identified.
2 This information was conveyed in John Jay's lengthy dispatch of November 17, 1782, for which see PCC, item 100, 2:142-262 (especially 195-98, 248); and Wharton, Diplomatic Correspondence, 6:11-49 (especially 29-30, 45-46).
3 A copy of the comte de Vergennes' December 25 letter to Benjamin Franklin had been enclosed in Franklin's dispatch of December 24-25, 1782. See PCC, item 82, 2:317-18, 335-37; and Wharton, Diplomatic Correspondence, 6:163, 168.
I Recd your letter by Dr. Rose(1) he has waited on Mr Wilson and the Presdt. I am a Litle Doubtfull of his obtaing a Brevat for a Capt. Sevral aplicatin of a Similar nature has been made to Congross but without Effect. I am Certain that he will have Mr Wilsons and my hearty assistance.
Yesterday morning Capt Barney who Commands the Ship Wasshington arrivd from Franc with Despatchs for Congrass and has brought the preliminarry articles between this Countray and England. They were Signed the 30th Novbr. last. In the first our Independence is Declared, in the 2d the Boundray begining at the northwest angle of
Novia Scotia and Runing from thence to the 45th Degree of north Latitude to Conecticut River thence down Said river and alonge the midle of the Lakes Ontario, Erie, Huron, Superior, long lake and the Lake in the woods and from northwest End of Said Lake a west Course to the Massisipie and it said river to the River Apicahia from thenc to head of St marys River and Done the same to the Atalantic from thenc to the mouth of a River falling into the Bay of fundie and thence to the place of Begining. The full freedom of fishing on the Banks of Newfundland and of Dreing thire fish on the Shores of Sable Island and other places not inhabited by the English, a free trade to all the English ports in Eroupe.
The franc and English had agreed on preliminarys before Capt Baney Saild but were not Signed. The English to Leve all the amirican Cannon that is now in the forts in thire Poss[ess]ion and not Desstroy any property when they [leave] those place[s] that they now Possess. The Du[t]ch have Done nothing as yet, the Spaniards have made propossalls the[y] want to have Gibaralter and offer west floridia and some Islands in the westindias in Exchange. We have No Doubt of peace but it may be some time before it is finaly Concluded.
I am Sir with perfict Regard your Verry Humb Sert,
John Montgomery
RC (PHi: Irvine Papers).
1 Dr. John Rose (Gustavus, baron de Rosenthal) of the Third Pennsylvania Regiment, and one of the few Russians to serve as an officer of the Continental Army, had served as General Irvine's aide-de-camp during the latter's command at Fort Pitt and as Col. William Crawford's aide during the ill-fated Ohio expedition of the spring of 1782. See John Rose, "Journal of a Volunteer Expedition to Sandusky, from May 24 to June 13, 1782," PMHB 18 (1894): 129-57, 293-328; and Heitman, Historical Register, p. 351.
We have recieved official Accounts of the Signature of the Preliminaries of Peace between Gt Britain & the United States to take Effect if the Affairs between France & Great Britain are adjusted. These Preliminaries contain everything we ought to wish. The Boundaries are eligible as we have the complete Navigation of the Lakes & that of the Missisippi our Lines running thro' those Waters. Our Fisheries are secured in the most ample Manner. There are some Articles which were inserted to serve british Pride wherein it is agreed that Congress shall earnestly recommend to the States the Revision of their Confiscation Laws & endeavour to bring about a Restoration of Property to those Loyalists who have not taken up Arms. But the States will be left of Course to their own Way of thinking as to Compliance with this Recommendation
Yours afftely, R Peters
[P.S.] The latest official Accounts we have are of the 25th Decr.
RC (NHi: Gates Papers).
1 Robert R. Livingston's March 12 letter to General Washington is in the Washington Papers, DLC; and Wharton, Diplomatic Correspondence, 6:291-92.
I recd. your Letter inclosing our Act of Assembly to secure literary Property. A Committee of Congress is Appointed to consider how literary Property shall be secured to the Authors who have not yet reported.(1)
I wrote to Mr Ellsworth yesterday(2) by the Post informing him that Preliminary Articles of Peace had been agreed to and Signed between G Britain and America these will soon be published and Sent to the several States. N Scotia is limited by the River of St Croix so that Penobscot &c is retained by us. A Right to the Fishery is secured. Our Extent is from the North West Angle of N Scotia across the Keg Islands West to the head of Connecticut River, thence down the River to 45í N Lat. thence West to the River Iriquois -- and to the middle of Antario, thence to the Waters which flow into this Lake from Eri, thence thro Eri, Huron, Michigan and Lake Superior, to the Lake of the Woods, thence West to Missisippi, thence down thro the middle of Missisippi to Lat 31 -- thence by the Southern Line of Georgia to the River St. Mary to the Ocean comprehending the Island belonging to the Coast. Some other particulars you will find in the enclosed Papers.
I have recd. a Letter from Mr Lawrance(3) who gives me but little Incouragment to receive any Money from him -- tho' he says what I beleive is true that he shall be glad to Oblidge Me. If I shall not be able to receive some of him, the Disappointment will be great and distressing -- if you Shall know of any Oppertunity I wish that you would
procure an order and receive such money for me as you shall be able to get.
The Policy of G Britain with Regard to America I beleive is totally changed. She probably will endeavour to accomedate herself to the Wishes of a People whom she has in Vain endeavored to conquer. But her Conduct has been so insidious that Notwithstanding the Strong Appearances to the contrary, We must be upon our Guard till Matters are settled and preserve good Faith with our allies.
My Compliments to Mr. Ellsworth and Mr Lyman. I hope that Mr. Ellsworth will soon Return. You will keep up your Correspondence with Me and expect a punctual Answer to your Letters. I am, yours with the kindest Regard, Oliver Wolcott
RC (CtHi: Oliver Wolcott, Jr., Papers).
1 The committee appointed on March 10 to consider copyright authorization reported on April 28, for which see Elias Boudinot to the States, May 6, 1783, note 1.
2 Not found.
3 That is, John Lawrence, Connecticut state treasurer.
Though disagreeable to appear in any manner in a personal dispute, yet I cannot in justice to you refuse to comply with the request contained in your note.(1) I have delayed answering it to endeavour to recollect with more precision the time, place and circumstances of the conversation to which you allude. I cannot however remember with certainty more than this, that sometime in the campaign of seventy seven, at Head Quarters, in this state, you mentioned to Col Harrison, Col Tilghman, myself and I believe some other Gentlemen of General Washington's family, in a confidential way, that at some period in seventy six, I think after the American army had crossed the Delaware in its retreat, Mr. Reed had spoken to you in terms of great despondency respecting the American affairs and had intimated that he thought it time for Gentlemen to take care of themselves and that it was unwise any longer to follow the fortunes of a ruined cause, or something of a similar import. It runs in my mind that the expressions you declared to have been made use of by Mr. Reed were that he thought he ought no longer to "risk his life and fortune with the shattered remains of a broken army"; but it is the part of candour to observe that I am not able to distinguish with certainty whether the recollection I have of these words arises from the strong impression made by your declarations at the time, or from having heard them more than once repeated within a year past.
I am Dr. Sir with great esteem Your Obedt ser. A Hamilton
RC (PHi: Cadwalader Collection).
1 Cadwalader, a brigadier general of Pennsylvania militia, was embroiled in a controversy with former Pennsylvania president Joseph Reed, who according to Cadwalader had been on the verge of abandoning the American cause in December 1776. Cadwalader claimed that Reed had actually articulated this to him in a personal conversation, and that he had later related the substance of the conversation to Hamilton. In a brief letter of March 2, Cadwalader had asked Hamilton to "recollect" the incident, and requested that he "be particular with respect to time, place, & any other Circumstance which you may remember." Hamilton, Papers (Syrett), 3:276-77.
The Arrival of Capt. Barney in the Washington Packett, has afforded us, a large Budget of Intelligence & opened a new Scene in this Western World.(1)
I have endeavoured to discover if any of the confidential Servants of Congress, have made it a Business to communicate freely to your Excellency the political State of our Affairs both at home & abroad, from time to time as they have turned up.
The necessity of this Knowledge to one in your Excellency's responsible Situation, struck me as essentially necessary; but to my mortification, I cannot convince myself of the Certainty of this Measure, but am rather left in doubt.
Conscious of my own want of both Time & Talents for so important a business, nothing but the necessity & usefulness of the work, could have tempted me to have troubled your Excellency with the essay at this critical Period, when perhaps unknown to me, some able Pen is engaged daily for the purpose.
My present design therefore is, as an individual who has access to the Intelligence of Congress, and also the benefit of some private, confidential Communications, to give vour Excellency a short Compendium of the State of our Affairs in Europe, that you may he possessed of Facts necessary for your Station. As I act in this Business, but as an individual in a private Character, I shall combine the information obtained from the public dispatches, with that of private intelligence but of undoubted Authority.
In the begining of the last Spring the Court of London being reduced to very disagreeable Circumstances occasioned as well by the State of her Finances, as by the Change of, and divisions in her Ministry, made some very distant movements to sound our Minister at Passy, relative to a separate Peace. Finding no incouragement on this Head, small beginings were soon ripened into a promissing Appearance,
In the Course of the Communications, our Commissioners convinced the Court of Great Brittain (at least in Appearance) of the great impolicy of their past Conduct, and of the absolute necessity they were under, of acting without delay on a more enlarged Scale, and by the generosity & Candor of their Behavior on this Occasion, to wipe away, the almost indelible Stain, of british Cruelty & Barbarism from the American Mind. This produced a Commission to Mr. Fitzgerald [i.e., Fitzherbert], to negotiate with France &c &c and another to Mr Oswald, to treat with america, wherein the Sovereignity & Independance of these united States are expressly acknowledged. Negotiations now took place in real Earnest between the Commissioners, whatever might have been the designs & dispositions of the Ministry of GB; as it clearly appears from our Ministers Letters that Mr. Oswald acted merely on the principles of a lover of Peace, being neither a creature or dependant of the Minister; and his honesty, candor & purity of Intentions, soon produced such a union of Sentiment, that an accomodation appeared to be fast ripening towards perfection. The principle points of discussion were, the Boundaries -- The Fisheries -- and the Tories. At first England appeared tenacious of the two first but were speedily convinced of their Error, and as to the last it rather appeared to be held up merely to save their national honor. Here it is said by some, that the Court of France took the Alarm at our extensive Claims on every Point, and began to fear lest the policy of England should grant to America too much. She see G Britain heartily repenting of her Folly, and all of a sudden putting about, and attempting to lay a Foundation for reconciliation with the United States, by granting all her reasonable Demands, with an appearance of Generosity. The ample Share in the Fisheries and our refusal to compensate or restore the Tories, gave her little Pleasure, and the extensive Claim of Territory, pleased her less but when she saw the possibility of Success on the part of our Commissioners, it is alledged, that she unhappily tarnished her Glory & reputation, by secretly sending Emissaries to England in order to foment divisions and promote
Holland demands three things -- a restoration of her captured Possessions -- Compensation for Damages unjustly sustained contrary to the Laws of Nations -- and free navigation. A Commissioner is gone to Holland to settle these points, which are too unimportant to cause much difficulty, so that I hope a general Peace is not far off. But I do not mean by this, that there is so much certainty, as that any thing should be discontinued that is necessary for our defence. To be well prepared for War, is the surest way to make peace. A great deal has been suggested about the insidious Character of the English Minister, and that there is great reason to fear, as some think, by granting
America all that they have asked, the People here will never consent to a war being continued, in which they have no Interest, and that therefore her scheme is still to embarrass the definitive Treaty, especially as France will wish to prevent America from enjoying the Terms of the provisional Treaty. This Jealousy might be plausible, was not England in a Situation too critical to sport with such Important Matters. Her finances loudly call for an immediate Peace, being reduced (as her Commissioners acknowledged) to the necessity of stopping the Interest due on the national Debt, to carry on the war another Campaign in Case a Peace should not take Place. It is therefore on her real Interest, that I depend for the ratification of our Treaty & the Completion of that with the other belligerent Powers, in Case France is not so weak as to embarrass the Proceedings from an idle fear of America. Her Magnanimity, Generosity & Knowledge of her true Interest, have been so great & conspicuous, that I should feel severely hurt, should she tarnish her Glory at the last Hour. This I cannot believe, but will still hope for the best.
There has been great Harmony between our Commissioners thro' out the Business. Mr Adams & Mr Laurens have resigned their Employments, intending to return immediately to America. In the Washington came over, 600,000 Liveres in Cash, part of 6 Millions obtained of the Court of France, instead of 20 Millions demanded.
Thus I have in a hurry, given your Excellency a general State of the foreign Negotiations. I have done it in the most confidential Manner, knowing to whom I write, and that the utmost Care will be taken to preserve the Facts entirely to yourself. I have stated facts, but dare not to hazard Opinions. As I write in my private Character, your Excellency will not mention the Subject to me in your publick dispatches.
I cannot help taking Notice, that the Ship Washington is the first American Vessel which ever had an English Passport, signed by the King's own Hand, and in which he certifies that she belongs to the United States of America.
I need not to mention to your Excellency the present embarrassed situation of Congress. Perhaps there has not been a more critical, delicate & interesting Period during the War. Our Finances are in the most deplorable State, and it will take a considerable Time, before they can be replenished.
Mr. Morris (on whom every disinterested, intelligent Member of Congress greatly relied) has resigned his Office, unless Conditions are complied with, which tho' reasonable in themselves, yet depend on very doubtful Events.
Some difficulties of importance, attending the Etiquette of the Treaty in France (on which I may hereafter enlarge) give us great uneasiness and add much to our perplexity.
The Situation of our Army, as stated in your Excellency's Letter of last Wednesday,(3) by no means lessens our Anxiety & Mortification, especially as we have been for five or Six weeks, past, most faithfully & honestly engaged in laying a Foundation for their future Security, as well as making provision for a present Supply. More is not in our power, and I fondly hope that in this last hour, they will not dishonor themselves, and forfeit that Glory which they have supported with so much dignity to themselves & advantage to their Country. Violent Measures will certinly tend to prevent the Success of those Endeavours, Congress have been so laboriousty exerting, for their emolument & Security -- and however they may think that they are the only sufferers, yet they may be assured, that our Shoulders are not free from the Burden. There is not a Man among them, who would envy us our Station, was he to be one week in Congress.
Mrs. Boudinot & Miss Susan take this Opportunity of presenting their most affectionate respects and kindest Love & good Wishes to Mrs. Washington, whom they remember with the highest Sentiments of Esteem, in which may I be permitted most cordially to Join those of mine.
I have the honor to be with the most profound respect, Your Excellency's Most Obedt. & afft. Hble Servt, Elias Boudinot
P.S. By some Conversation I have Since had with the Minister of France, I find that the King his Master is greatly offended with our Commissioners, for signing the provisional Treaty without a confidential communication with his Ministers.
RC (DLC: Washington Papers).
1 See James Madison's Notes of Debates, March 12-15, 1783.
2 A copy of the provisional articles is filed under the date November 30, 1782, in the Washington Papers, DLC.
3 See James Madison's Notes, March 17, note 1.
Since writing to your Excellency by the last post in which I mentioned the Arrival of our packet from France with Dispatches,(1) and amongst other things the Articles to be Inserted in the Treaty for a General Peace (when that shall take place) as agreed to, and signed on the part of our Commissions and those of Great Britain, and as they are now made public I do my Self the pleasure to Inclose them to you.
As to the Boundaries Contained in the Articles, they are not Quite so well in the Northwest part of the United States as we could wish, but I believe, and it is generally thought here, that they are as Extensive
As to the Articles Concerning the Tories, if it was Really Intended as it is Expressed, that Congress should Recommend to the Several States the Restoration of the Tory property (I mean If they should be serious in such a Recommendation, and the States should be serious in Complying with it) we should be Involved in very Great Difficulties Indeed; but I am Clearly of Opinion, and I believe most Every one here is of the Same, who have seen the Letters from our Ministers, that it was done in order that the king of Britain and his ministers might say to the Tories, that they had attended to their Interest as far as Lay in their power on the Settlement of a peace.
Soon after the Negotiation was opened, Mr. Oswald among other things, proposed to our Commissioners, that the Tories should be Compensated for the Confiscations which had been made Among us. Our Ministers gave them for Answer, that it could not be done; that they had no power to agree to any such thing, nor had Congress any Authority to give them such powers; that it was a matter that Related Soally to the Internal Regulations of the Several States; that great part of the property was Alienated and out of the possession of the public, and that it would be utterly impossible to Raise Taxes on a Country which had Suffered so much Distress; for the purpose of Compensating the authors of their Distresses.
These Reasons appeared to satisfie Mr. Oswald so that he said no more on the Subject; but in the Course of the Negociations, he found it necessary to go to England, and after he Returned, he urged that an Article should be imported in favour of the Loyalists, and, Notwithstanding, our Ministers assured him that no advantage would arise to the Tories from it, yet he Insisted on it; they Informed him that if Congress should Recommend it to the States many months would elapse Before the Several Legislatures could meet on the Subject, and when they did, they would all Reject the propositions; but for some Reasons our Commissioners Agreed that it should be Inserted.
On my Return from here, which will be in a few Days, I shall make a point of Seeing Governor Livingston for the purposes mentioned in Mr. Lhommedieu's Letter.(2) I shall not probably be here Long Enough to Receive a Letter from your Excellency after you have Recd this, But I shall write you on my way to the Northward. I would write to Mr. Lhommedieu, but Expect he will be gone to Connecticut before this Reaches you, I shall write to him in Connecticut by the next post. By my last Letter from Nicoll he mentions that his fever Continues on him and that he was in a very Low, weak State. I am under distressing Apprehensions for him.
Since writing the above, Colo. Hamilton has Concluded to Joyn me in Enclosing the Articles, and as we have But one printed Copy have Inclosed it in our Joynt letter.
With the Greatest Respect I am, Sir, your most obedt. and humble Servt, Wm. Floyd.
1 See Floyd to Clinton, March 12, 1783.
2 For the interest of Floyd and Ezra L'Hommedieu in the purchase of William Livingston's claims to lands on the upper Mohawk River, see L'Hommedieu to Clinton, September 16, 1783.
I am duely honored with Your Excellency's letter of the 4th and 12th instant.(1) It is much to be regretted though not to be wondered at, that steps of so inflammatory a tendency have been taken in the army. Your Excellency has in my opinion acted wisely. The best way is ever not to attempt to stem a torrent but to divert it.
I am happy to find You coincide in opinion with me on the conduct proper to be observed by yourself. I am persuaded more and more it is that which is most consistent with your own <honor> reputation and the public safety.
Our affairs wear a most serious aspect as well foreign as domestic. Before this gets to hand Your Excellency will probably have seen the provisional articles between Great Britain and these states. It might at first appearance be concluded that these will be the prelude to a general peace; but there are strong reasons to doubt the truth of such a conclusion. Obstacles may arise from different quarters, from the demands of Spain & Holl[and], from the hope in France of greater acquisitions in the East, and perhaps still more probab[ly] from the insincerity and duplicity of Lord Shelburn[e], whose politics founded in the peculiarity of his situa[tion], as well as in the character of the man will be suspected of insidiousness. I am really appr[ehensive] if peace does not take place, that the negotiation[s] will tend to sow distrusts among the allies and wea[ken] the force of the common league. We have I fear men [among] us and men in trust who have a hankering afte[r] British connection. We have others whose confidence in France savours of credulity. The intrigues of the former and the incautiousness of the latter may be both, though in different degrees, injurious to the American interests; and make it difficult for prudent men to steer a proper course. There are delicate circumstances with respect to the late foreign transactions which I am not at liberty to reveal;
Some use perhaps may be made of these ideas to induce moderation in the army -- an opinion that their country does not stand upon a secure footing will operate upon the patriotism of the officers against hazarding any domestic commotions.
When I make these observations I cannot forbear adding that if no excesses take place I shall not be sorry that ill-humours have appeared. I shall not regret importunity, if temperate, from the army.
There are good intentions in the Majority of Congress; but there is not sufficient wisdom or decision. There are dangerous prejudices in the particular states opposed to those measures which alone can give stability,
<consistency, security > & prosperity to the Union. There is a fatal opposition to Continental views. Necessity alone can work a reform. But how <is this > necessity <to be produced>, how apply it, and how keep it within salutary bounds?
I fear we have been contending for a <bubble> shadow.
The affair of accounts I considered as having been put on a satisfactory footing. The particular states have been required to settle 'till the first of August 80 and the Superintendant of Finance has been directed to take measures for settling since that period. I shall immediately see him on the subject.
We have had Eight states and a half in favour of a commutation of the half pay for an aver[age] of ten years purchase -- that is five years full pay instead of half pay for life, which on a calculation of annuities is nearly an equivalent. I hope this will now shortly take place.
We have made considerable progress in a plan to be recommended to the several states for funding all the public debts including those of the army -- which is certainly the only way to restore public credit and enable us to continue the war by borrowing abroad, if it should be necessary -- to continue it.
I omitted mentioning to Your Excellency that from European intelligence, there is great reason to believe at all events, peace or War, New York will be evacuated in the Spring. It will be a pity if any domestic disturbances should change the plans of the British Court.
I have the honor to be, With the greatest respect, Yr Excellency's Most Obedt se[rvant]
P.S. Your Excellency mentions that it has been surmised the plan in agitation was formed in Philadelphia -- that combinations have been talked of between the public creditors and the army -- and that members of Congress had incouraged the idea. This is partly true. I have myself urged in Congress the propriety of uniting the influence of the public creditors & the army as a part of them to prevail upon the states to enter into their views. I have expressed the same sentiments out of doors. <Many> Several <of the most sensible> other members of
Congress have done the same. The meaning however of all this was simply -- that Congress should adopt such a plan as would embrace the relief of all the public creditors including the army; in order that the personal influence of some, the connections of others, and a sense of justice to the army as well as the apprehension of ill consequences might form a mass of influence in each state in favour of the measures of Congress. In this view, as I mentioned to Your Excellency in a former letter, I thought the discontents of the army might be turned to a good account. I am still of opinion that their earnest, but respectful applications for redress will have a good effect.
As to any combination of Force it would only be productive of the horrors of a civil war, might end in the ruin of the Country & would certainly end in the ruin of the army.
FC (DLC: Hamilton Papers). In the hand of Alexander Hamilton.
1 For Washington's letters to Hamilton of March 4 and 12, reporting the crisis that had developed out of the dissatisfaction of the officers at Newburgh with Congress' failure to make adequate provision for their pay and subsistence, see Washington, Writings (Fitzpatrick), 26:185-88, 216-18. Washington had also explained that the sudden "Storm" recently experienced was believed by some to be the result of a "scheme...digested and matured in Philadelphia," and that to avoid being plunged "into a gulph of Civil horror" Congress should address the needs of the army "without further delay." See also James Madison's Notes of Debates, this date.
In the name & at the desire of my Colleagues, I have the honor of inclosing to your Excellency a printed copy of the Articles of a treaty, between G Britain & the united States of America; it is expected, that in a few days, the states will be officially notified of the same, but as Mr. Lamb is about siting out for Boston, it was adviseable to forward them to your Excellency.
I have the honor to be, with the highest sentiments of respect, your Excellency's most obedient servant.
FC (PPIn: Americana Collection). In the hand of Samuel Holten.
A letter was rcd. from Genl Washington inclosing two anonymous & inflammatory exhortations to the army to assemble for the purpose of
This alarming intelligence from the army added to the critical situation to wch our affairs in Europe were reduced by the variance of our ministers with our ally, and to the difficulty of establishing the means of fulfilling the Engagemts. & securing the harmony of the U. S. & to the confusions apprehended from the approaching resignation of the Superintt. of Finance, gave peculiar awe & solemnity to the present moment, & oppressed the minds of Congs. with an anxiety & distress which had been scarcely felt in any period of the revolution.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:348.
1 In his letter to Congress of March 12, Washington had enclosed (1) a March 10 call to the general and field officers at Newburgh to meet the following day to seek a redress of grievances, (2) Washington's general orders of March 11 postponing the meeting until March 15, and (3) two anonymous addresses to the army, all of which are in PCC, item 152, 11:105-24. Washington's letter and general orders are in Washington, Writings (Fitzpatrick), 26:208-9, 211-12; the letter and all the enclosures, which were later sent to the states with a congressional appeal for action, are in JCC, 24:294-99. See also Freeman, Washington, 5:431-37. For the controversy stirred among historians over the events at Newburgh in mid-March, see Richard H. Kohn, "The Inside Story of the Newburgh Conspiracy: America and the Coup d'Etat," WMQ 27 (April 1970): 187-220; Paul D. Nelson, "Horatio Gates at Newburgh, 1783: A Misunderstood Role," with a rebuttal by Kohn, WMQ 29 (January 1972): 143-58; and C. Edward Skeen, "The Newburgh Conspiracy Reconsidered," with a rebuttal by Kohn, WMQ 31 (April 1974): 271-98.
2 This committee was discharged March 22 and Washington's letter was reassigned the same day to a committee appointed to consider his letter of March 18 reporting the outcome of the officers' meeting on March 15. See PCC, item 186, fol. 88; and Madison's Notes, March 22, note 1.
We have the honor to inclose Your Excellency the provisional articles agreed upon between the United States and Great Britain, which
One thing however may be inferred with tolerable certainty, which is that whether there is peace or war New York will ere long be evacuated.
We have the honor to be, With perfect respect, Your Excellency's Most Obed servs.
FC (NHi: Duane Papers). In the hand of Alexander Hamilton.
1 Although Hamilton clearly wrote "Feby.," the contents of this letter indicate that it was written after the arrival on March 12 of the provisional treaty with Great Britain.
I have recd. your Favour of the 24th last by Mr Little. I had before by Letter informed you, that Mr Morriss promised me to write to a Mr Thompson of Boston, to Accept of the Office of Commissioner for Connecticut,(1) I beleive that he has not yet recd any Answer from him. The general Principles upon which the Accounts will be liquidated will be those established by Acts of Congress. I have not yet had an Oppertunity to forward a Sett of them to the Pay Table but will Attend to it, I wish that the Pay table could with more Accuracy than I think that they will be able to do, Ascertain the State Account, but it cannot be expected that they will be able to do this with Precision, til the Accounts of the U States are settled.
I wrote to you the 13th instant, and shall now inclose to you a Copy of the Preliminary Articles as agreed to and Signed. You will observe by the Papers which I also Send you, that the british Ministry do not agree wheither a permanent settlement is intended to be made with America conformable to those Articles in Case a Pacification shall not be effected between France and G Britain -- certainly according to the Terms of the Treaty their Effect is as it ought to be, Suspended upon that Condition -- and the future Conduct of G B in Regard to them will be governed by what they Shall apprehend will be a Matter of Policy. This Policy may probably direct them (as it seems to do) fully to gratify America, and depend upon Such advantages as may Result from it, and may hope that our want of System to regulate So Vast a
Country may render us very liable to the Impressions of their Councils, and Altho they may not expect to reastablish a political Relation with this Country, yet they may hope to recover in some degree those Affections which they have So wantonly lost, and that they Shall also finally recover Substantially the Benefits of Commerce -- and induce us to place some Confidence in them. But it is but to little purpose to indulge ourselves in Conjectures upon the Subject when it will probably be so soon Ascertained whiether we shall have Peace or not. Upon Such an Event it is easy to be conceived that much must be done to put our Affairs upon a proper footing. Such a Territory has but rarely fallen to the Lot of one Nation. Some of the States are hesitating wheither they will grant a five per Cent Impost for National Purposes -- but why will they hesitate? when the whole object of foreign Commerce ought to be under one Direction?
I shall write to you or some of my Freinds by every Oppertunity, as I am sensible that you will wish for every Information at this important Period. I shall write no more to Mr Ellsworth as I Shall expect him here Very soon. I hope that he will not fail. You will present my Compliments to him, If he has not Set out on his Journey which I hope is the Case, and desire him in my name not to delay his coming forward.
I may by this Conveyance write a Letter to some of the family, if it Shall come into your Hands you will forward it. My Compliments to Mr Lyman and Mrs. Lyman. I am yours, with the kindest Regard,
Oliver Wolcott
NB. I expected to have sent my Letter yes[terday] by Mr Lamb -- since which I have recd. a Letter from Mr. Ellsworth who says he shall come forward this Week which I am glad to know. No News of the Morning. I take it Sir Guy Carelton is getting rid of the Refugees as fast as he can, and Sending them off to N Scotia. It is I think impossible but he must have recd. more Information from his Court than is pretended -- perhaps he wishes to get rid of those Troublesome Fellows and make some other dispositions before he makes any Communications which must Subject him to much Vexation.
RC (CtHi: Oliver Wolcott, Jr., Papers).
1 See Wolcott to Oliver Wolcott, Jr., March 4, 1783 .
Imediately on Congress recieving Authentick Intelligence of the Provisionary Treatys being agreed to & signed between His Britanic Majestys Commissioner & the Commissioners of the United States I
I hope the tumult & Combinations referrd to in Govr Bowens Letter to your Excellency has Subsided, as we hear nothing further from either Rhodisland, or the Massachusetts, & that they will not be able to make any Impressions on Connecticut, tho when taxes press hard, and the prospects of success from our foreign Enemies Weakens & the common danger (the Strongest Cement to our Union) lessens, A large Debt Contracted both at home & Abroad, which must be paid tho gradually, our Army loudly calling upon us for Justice if not more, our Creditors Numerous & Clamourous, Our Credit sinking, our pledged faith failing, New dangers spring up from every quarter, States Jealous, people tumultuous, Counsels perplexed, then it is that the wi[s]dome & fortitude of those entrusted in publick affairs is brot to the Test, then they are called upon to exert themselves & with Patience and perseverance Indeavor to save the Sinking Ship tossed with Tempest, dashed with Angry Waves, suffering patiently ill report, keen reproaches, ingratitude & slander, Trusting in the supreme Governor of the Universe to direct the Storm, still the Waves, & Guide the Ship
into a Haven Calm & safe. When I am attending Congress the Demands of the Army are Continually pressing; Unable to Relieve them, the difficulties attending every State to Contend with & secure our own. If I could have every thing done in Congress according to my own mind & opinion it would be far from remeding all the Evils, or accomplishing the good Wished for, but the Variety of Interests As well as Conceptions of measures producing different opinions not only delay, but obstruct our proceedings & perplexes those concernd that the mind is Continually filled with anxiety tho not with dispair. If I was to return home, the Acting within a smaller sphere yet am sensible I should have the same difficulties to encounter Unless they should cast me over board as a Jonas to appease the Storm, which if it will, & save the Ship I think I should be Very Content. The Officers of the Army have had a Comtee or Agents attending here this 3 months, Not only to sollicit justice, pay or Security therefor (which Congress have been ready to Comply with to the Utmost of their power) but to enforce their half pay for life (which is their darling object) or what they now move for, a commutation for whole pay for a Term of Years after the Close of the War, to be Computed at equal Value. I was in hopes, & which seemd till late the disposition of Congress, to have referrd each line to their respective States for a Compensation, but it is represented by their Agents that the Army, especially the Connecticut line, are most averse to that, they think they have obtaind security from the States for their pay & depreciation & dare not or will not trust them for a further Compensation, their proposal on that head has met with dificulties in Congress, as it requires Nine States. 8 States & half Connecticut have agreed to it, but for reasons which I have & have offered I have been in the Negative(3) & which has hitherto stoppd the measure, New Hampshire, Rhodisland & Jerseys in the Negative,(4) tho I have proposed, if some alterations could be made in the formed resolve that might remove some special difficulties that now lyes in the way, that I would finally give my Vote for it as now the whole blame if any they say lyes upon me alone, against the Voice of 8 states & half Connecticut. We are lately Informed that the officers in the Army finding their measure obstructed on that Account have thrown out many Indecent threats, & a proposed Combination forming to carry their points & do themselves Justice as they call it with their Arms & at the Point of the Bayonet threaten not to disband even if Peace is established, but to make themselves a Compleat Compensation by force of Arms, & Judge for themselves. This has been often held out as an Argument boldly on the floor of Congress; They have a prudent & discreet General at Head, & a wise Providence which superintends, therefore fear ought not, & trust will not direct or Influence our Conduct, but the great principl[e]s of right & Justice lead us on our way.
I am Very glad our Assembly made a requesition of all our Civil list &c their salaries & expenditures.(5) It is preparing & hope will have a beneficial Effect. I think they are much too numerous and expensive & have not been wanting in my Indeavours to lessen all needless expenditures ever since I have been here, Indeed their numerous establishment has All been since I was last at Congress tho no doubt in part beneficial.
We shall carefully attend to procure relief for the State of Connecticut on Account of their securities given to their line of the Army till Jany 1782 which I was in hopes of Preventing by my early information to the Assembly of what was done in Congress on that head.
The Journals of Congress are now made out & printed to a late day which shall forward when Brown returns or put them up in a box or chest with Numerous papers which have lain here & been increasing ever since Congress set, & send them to Hartford when I return which expect if Providence permit may be the fore part of May, <(i.e.) if money is sent me to clear out, otherwise must pawn my self here on expence of the State.> tho I fear the great & Important matters which ought to Command the utmost attention of Congress & which have been long pressing upon them will not be wholly got through by that time. All the N England states have been but a little while represented, some are going off soon, I never have as yet left the State unrepresented, it never needed representation more, nor a wiser nor firmer than at present. I sincerely wish it had been in my power to have done my Country more service. My Indeavors have not been wanting, nor Will, nor Inclination.
I was about Closing my letter, but cannot omit suggesting some observations on our National Debt Contracted by a long tedious & expensive War. The Object to us was truly great & will so appear to the world in Suceeding ages & generations; our present prospects are fair (by the good hand of Providence) for Establishing that freedome & Independence we have been Contending for; & now we begin to repine at the Cost, & Wish we had died in Egypt. The Expence has been great but not equal to Britain our Enemy, or France our Ally; no doubt there has been in the Confusion much Waste, great loss by the Enemy by land & sea, in many instances profusion, imbezlements, frauds, Imprudent management &c &c. It is Incident to a State of War, & to which the most experienced Nations are Subject to, much more to one where everything was New, untried & unexperienced, but it is past & gone & now cannot be helped. What shall become of the honest Debts Contracted and due to the Army, & for their supplies? Shall we, or can we cancell them with a dash, and Implore Heaven for Success? No. Our Army say they will pay themselves & injured Inocence will raise its Crye against us, & Justice demand satisfaction. What shall we do? In the first place lessen all unnecessary expenditures
Elipht Dyer
RC (CtHi: Jonathan Trumbull, Jr., Papers).
1 See Dyer to Trumbull, March 12.
2 John Smith of Worthington, Conn., formerly of New York, had been granted permission on January 22, 1783, by the Connecticut General Assembly to send his son Justus into New York to bring out "Negroes, Money etc." Connecticut General Assembly Journal, DLC (ESR).
3 Dyer had voted on March 10 against the proposed commutation of half pay for life to full pay for five years, while his colleague Oliver Wolcott had voted for it. See JCC, 24:178-79.
4 Dyer appears to have added the names of these states as an afterthought.
5 See Dyer to William Williams, March 2, 1783, note 4.
I should have done myself the honor of writing to your Excellency before now if my Colleague had not promised to communicate the intelligence received by Captain Barney,(1) and to forward a Letter addressed
Since my coming to Town I have been informed that the remains of Colo. Haslet are interred in the Market Street Burying Ground,(2) within about 18 feet of the Wall of the Church. The spot is yet known, but will soon be forgotten unless it is perpetuated by something monumental. Would it not be proper for our State to pay respect to his Memory by ordering a Tomb Stone, at least, with a proper inscription, to be placed over his Grave? This would not Cost, in my opinion, more than ten pounds. If they chose to be more profuse, a monument might be placed against the wall of the Church, as plain, or as much ornamented as they pleased to order. Their Delegates in Congress would not think it a trouble to have their orders carried into execution.
With respectful Compliments to your Lady and Family, I have the honor to be, Sir, your Excellency's most obt & humble Servt
E. McComb.
RC (DeHi: McComb Papers).
1 See Gunning Bedford to Van Dyke, March 12, 1783.
2 Col. John Haslet had been killed during the battle of Princeton, N.J., in January 1777.
On the report of the Committee to whom the 3 paragraphs of the report on revenues (1)(see March 6). had been recommitted, the said paragraphs were expunged so as to admit the following amendment which took place without opposition, viz
"Resolved that it be recommended &c &c (see 1st )
| Dolr. | |
| Upon all rum of Jamaica proof per Gallon | 4/90 |
| Upon all other spirituous liquors | 3/90 |
| Upon Madeira wine | 12/90 |
| Upon the wines of Lisbon, Oporto, those called Sherry & upon all French wines | 6/90 |
| Upon the wines called Malaga or Teneriff | 5/90 |
| Upon all other wines | 4/90 |
| Upon common Bohea Tea perlb. | 6/90 |
| Upon all other Teas | 24/90 |
| Upon pepper perlb. | 3/90 |
| Upon Brown Sugar perlb | 1/2 /90 |
| Upon loaf Sugar | 2/90 |
| Upon all other Sugars | 1/90 |
| Upon Molasses per Gallon | 1/90 |
| Upon Cocoa & Coffee perlb | 1/90 |
| Upon salt after the war per Bushel | 1/8 |
And upon all goods except arms, ammunition & cloathing or other articles(2) imported for the use of the U. S. a duty of 5 perCt. ad valorem: provided that there be allowed a bounty of 1/8 of a dollar for every Quintal of dried fish exported from these U. S. and a like sum for every Barrel of pickled fish, beef or pork, to be paid or allowed to the exporter thereof at the port from which they shall be so exported.
The arguments urged by Mr. Wilson in behalf of his motion (see Journal) for a land tax of 1/4 of a dollar per 100 Acres,(3) other than those heretofore generally urged were that it was more moderate than had been paid before the revolution & it cd. not be supposed the people wd grudge to pay as the price of their liberty what they formerly paid to their oppressors; that if it was unequal, this inequality wd. be corrected by the States in other taxes, that as the tax on trade would fall cheifly on the inhabitants of the lower Country who consumed the imports, the tax on land wd. affect those who were remote from the Sea & consumed little;
On the opposite side it was alledged that such a tax was repugnant to the popular ideas of equality & particularly wd. never be acceded to by the S. States, at least unless they were to be respectively credited for the amount; and if such credit were to be given, it wd. be best to let the States chuse such taxes as would best suit them.
A letter came in & was read from the Secry. of F. A.(4) stating the perplexing alternative to which Congs. were reduced by the secret article relating to W[est] F[lorida] either of dishonoring themselves by becoming a party to the concealment or of wounding the feelings & destroying the influence of our Ministers by disclosing the article to the French Court: and proposing as advisable on the whole
1. that he be authorized to communicate the article in question to The French Minister in such manner as wd. best tend to remove unfavorable
2. That the sd. Ministers be informed of this communication, and instructed to agree that the limit for W. F. proposed in the separate article be allowed to whatever power the said Colony may be confirmed by a Treaty of peace.
3. That it be declared to be the sense of Congress that the preliminary articles between U. S. & G. B. are not to take effect untill peace shall be actually signed between the Kings of F. & G. B.(5)
Ordered that tomorrow be assigned for the consideration of the said letter.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:350-52.
1 These three paragraphs were a revision of the first and third paragraphs of the committee's original report with the addition of a recommendation for a bounty on certain exports. The second paragraph of that report, recommending a 5 duty on prizes and prize goods, had been deleted by the committee based on a March 8 response from Robert Morris. See Madison's Notes, March 6-7 and March 11, 1783, note 2.
2 At this point in the manuscript Madison inserted an asterisk to which he keyed the following note: "The other exception as to Cards & wire for making them &c. was struck out unanimously on the motion of Mr. Clarke; being considered no longer necessary & contrary to the general policy of encouraging necessary manufactures among ourselves." Abraham Clark's motion was not entered in the journals, but in Thomas FitzSimon's draft of these three paragraphs, the provision exempting "Wool & Cotton Cards & Wire for Making them" from duty was struck out. See PCC, item 26, fols. 423-24.
3 For the defeat of James Wilson's motion, see JCC, 24:191-92.
4 Robert R. Livingston's March 18 letter, which was referred the following day to a committee of five chaired by James Wilson, is in PCC, item 79, 3:41-54; and Wharton, Diplomatic Correspondence, 6:313-16. For the committee's report, see Madison's Notes, March 22, 1783, note 4 .
5 At this point in the manuscript Madison inserted an asterisk to which he keyed the following observation: "This was meant to guard agst. a construction that they were to take effect when peace sd. be agreed on by those powers, & the latter be ready to sign, altho the former sd. be restrained untill the other parties sd. be ready for signing."
I recd. yesterday your favor of the 7 inst. together with that of the 22 Ulto. which ought to have been brought by the preceding mail.(1) I regret much the uncertainty which attends your going into the Legislature. Is it possible that the difference between the amt. of your salary from the State and of the profits from which your office excludes you can form an essential article in your pecuniary plans? I am far from being singular in supposing that the business on the opposite side would be a much more productive fund.
My letter by Express communicated to you the outlines of the intelligence brought by Capt. Barney from our Ministers in Europe.(2) The tediousness of the Cypher does not permit me now to enter into detail. I can only add that notwithstanding the flattering aspect of the preliminary articles there are various circumstances which check our confidence in them, as there are some which will {detract from our joy}(3) if they should be {finally estableished}. To explain this it must suffice to observe that The latest letters from our Ministers express the greatest {jealousy of G B} and secondly that the situation of {France between} the {interfering claims of Spain} & {U S} to which may perhaps be added some particular {views of her own} having carried {her into a discountenance of} claims, the {suspicions of our ministers} on {that side} gave an opportunity to {British address to decoy them into a} degree {of confidence} which seems to leave their {own reputations} as well as the {safety of their country at the mercy of Shelburne}. In this {business Jay has taken the lead} & proceeded to {a length of which you} can {form little idea. Adams has followed with} cordiality. {Franklin has been dragged into it. Laurens} in his {separate letter} professes a {violent suspicion of G. B.} and {good will & confidence toward France}.(4) The {dilemma to which Congress are} reduced is {infinitely perplexing}. If {they abet the proceedings of their ministers all} confidence {with France is at an end} which in the event of {a renewal of the war must be dread}full as in {that of peace it may} be {dishonourable. If they avow the conduct of their ministers} by {their} usual {frankness of communication} the most serious {inconveniences} also {present} themselves. The torment of this {dilemma can not be justly conveyed} with{out a} full{er recital of facts than is permitted}. I wish you not to hazard even an interlined decypherment of those which I have deposited in your confidence.
Despatches were yesterday recd. from Genl Washington which have {received} & {increased our apprehenseons on that side}.(5) There seems to be reason to {suspect that} the {intriegues of} the {civil creditors fan} the {discontents of} the {army. The conduct of Washington} does equal honor to {his prudence and to his virtue}.
The state {of our foreign affairs and of the army} combined with the difficulty and uncertainty of providing for justice & for our finances & with the {approaching exit of Morris give a peculiar solemnity to} the {present moment}. God send us a Speedy & {honourable deliverance from every danger}. Pray hasten the new Cypher which you have promised.
I have not yet perused your notes but thank you for them. Mr. J____n(6) is still left in dubio as to his destination. Before the next post the final decision of Congs. will probably take place. The paper inclosed to Mr. Ambler will give you the first part of the parliamentary debates, as the one herewith inclosed will the preliminary articles. The eagerness
of the opposition for them portends violent altercations. The liberality of the articles to the U.S. will probably be the ground of Attack from the old Ministry; the omission of Commerce that of Fox's division.
Farewell.
RC (DLC: Madison Papers). In Madison's hand, though not signed. Madison, Papers (Hutchinson), 6:355-56.
1 See ibid., pp. 279-80, 318-19.
2 See Madison to Randolph, March 12, 1783 .
3 Words printed in braces in this text were written by Madison in cipher.
4 For the letters from the ministers abroad, see Madison's Notes, March 12-15, 1783, note 1.
5 For Washington's March 12 letter, see Madison's Notes, March 17, note 1.
6 That is, Thomas Jefferson.
We have the honor to forward the enclosed copy of the Provisional Treaty which we received this Morning from the Secretary of foreign affairs. A rough copy hastily made was sent by express last Wednesday Evening as far as Baltimore Town, from whence some Gentleman of that place was requested to give it a Speedy conveyance to your Excellency.(1)
We are truly sorry to inform you that the discontents of our Army have risen to a very alarming height, in so much as to threaten fatal consequences. Anonymous addresses calculated to inflame the passions had been industriously & clandestinely circulated through the Army, calling a meeting at an appointed place on the 13th Inst. to devise a mode of redressing their own wrongs, while it was yet in their power, declaring at the same time that no reliance was to be placed in the justice of Congress, from whom their unavailing applications had met with only inattention or contempt. The General interposed his authority as soon as he was apprised of this dangerous proceeding, and in general orders reprobated the measure, though in very gentle terms, he proposed, instead of the 13th that the meeting should be on the 15th & then by deputies from the General, field Commissioned & Staff Officers to state their grievances.2 This proposition was acceeded to. The General hoped the step he had taken to dissipate a Cloud so hastily collected & which threatened to burst on a sudden, would meet the approbation of Congress, he has the best disposition to support their Authority with his whole influence & power; at the same time he relies on Congress taking the most efficacious & speedy measures their circumstances will admit of to comply with the reasonable claims of the Army.
The Bill for £300 which the Intendent gave Mr. Carroll reason to expect by the Post of last week, is not received, and when it is, will not be adequate to our claims or necessities.(3) The extravagance of living in this place & the great scarcity of Money said to be felt by all, by us in particular, reduce us to the distressing alternative, of leaving Congress or subsisting, at the expence of a Class of People who cannot afford to give a credit.
We have the Honor to be, with great respect & esteem, your Excellency Mo. Hble servts. Tho. S. Lee
Danl. Carroll
Wm. Hemsley
RC (MdAA: Red Books). Written by Lee and signed by Lee, Carroll, and Hemsley.
1 See Maryland Delegates to Paca, March 12, 1783.
2 See James Madison's Notes of Debates, March 17, note 1.
3 For the Maryland Council's March 31 directive to the intendant, Daniel of St. Thomas Jenifer, in response to this appeal, see Md. Archives, 48:393.
I do not recollect writing you since the arrival of Capt. Barney. It was deemed proper by Congress to make the subtance of the communications received by him as public as possible, as well to give equal ground to retard the acts of speculation, as to satisfy the minds of the people at large, anxiously looking for peace. A letter of Mr. Laurens, of a date posterior to those of his colleagues,(1) conveys strong suspicions of the designs of the Court of London. He speaks of very late advices received thence, which impressed him with an idea that their plans was to disunite the belligerent powers -- and he says that the spirit of the nation is high for the prosecution of the war against France. This minister's own reflections are wise, and merit great attention. He recommends ardently to adhere religiously to our engagements with France, whose views he could discover no reason to suspect, and cautions against trusting to our new and half made friends.
The newspapers enclosed, which contain parliamentary debates,(2) discover an indecision even in the Cabinet Council of the King of Great Britain, as to the effect of the preliminaries signed with A., consequently we have to apprehend that the L[ord] Shelburne has not disclosed all his ultimate views, even to them -- for if he had, they could not have disagreed. He who cannot trust his own friends must not expect that his enemies will trust him.
We have advices, which our official dispatches warrant the belief of, that France and England have signed. Upon the whole, if we have not peace, there has been a game played that will be the wonder of ages yet to come; however, I have great hopes and small fears.
You will observe, that altho' what I communicate to you is not under a particular injunction of secrecy, yet anything almost is expected to be secret, until publication is ordered. You will, therefore, use every caution.
With sincere esteem, I am, Dr. Gentlemen, Your friend,
John F. Mercer.
[P.S.] I am sorry to inform you, that an alarming confusion prevails in the army. I hope the wisdom and prudence of the General will prevent any ill effects.
MS not found; reprinted from Balch, Papers Relating to the Maryland Line, pp. 204-5.
1 That is, Henry Laurens' letter to Robert R. Livingston of December 24, 1782, for which see James Madison's Notes of Debates, March 12-15, 1783, note 1.
2 Apparently the Pennsylvania Journal of March 15 and the Pennsylvania Packet of March 15 and 18, which included excerpts from debates in the House of Commons on December 9, 11, and 14 and in the House of Lords on December 13.
I wrote you the substance of the dispatches recd. by Capt. Barney(2) & now enclose you papers which contain Parliamentary debates, which together with the import of a Letter recd. from Mr. Laurens, give much room to suspect the designs of the Court of London. The date of this letter is posterior to that of any from his Colleagues & he seems strongly impressed with an idea that Lord Shelburnes ultimate view is to disunite the belligerent Powers -- & he says that the spirit of the Nation is high for the prosecution of the war agt. France. His reflections are wise & merit attention. He recommends ardently to adhere religiously to our engagements with France whose designs he has not the least cause to suspect, & cautions us agt. trusting new & half made friends.
You will perceive that the Cabinet Council of the King of Great Britain are wholey undecided as to the effect of the Preliminary Articles signed with America -- consequently we have to apprehend what Fox suggests that Ld. Shelburne has not yet disclos'd all.
However we have reason to believe that France has signed too, & measures are taken to bring the Dutch in. Spain I believe is agreed & if a Peace does not actually take place, it will be the most unexampled train of Jesuitism ever exhibited to the World.
I meant in this to enclose you a state of our National Debt & to have wrote to you largely on a political subject which deserves your most critical Attention. I[n] yours to me you say -- The confderation has pointed out the mode by which Congress are to raise money -- true -- then Congress to do Justice must demand of the States their proportion of the public Debt. Can they pay it. We shall all answer no: the thing is impossible. Is there any other mode by which Justice can be [done] to those who have furnished the means which ensured our Independance? Yes the establishment of certain appropria[ted] funds, scruple easy to be comprehended & the produce of which is certain for the payment of the interest, whenever the payment of an annual Interest, is so established, we can either borrow money to pay of[f] the principal of our Debt, or the person holding the Capital may dispose of it -- untill this is done, those who have demands agt. the Public, have not recd. Justice & I fear unless they soon have some prospect, the consequences which will ensue will prove dangerous indeed. I do not wish that Congress should have the affixing those funds, the States may designate them, all but the duty on <trade> imports which must be subjected to some general regulation or it will not be productive. Experience has taught us that whenever one state lays a duty on a certain Article a neighbouring State takes it off in order to draw the trade thither, thus counteracting forever each other -- nothing coud be expected from the fund, wch if viewed in every light will be found the best calculated of any that can be devised to produce large sums in the correct mode.
The United States have become generally & constitutionally bound to the individual creditor. You cannot then turn him over to any particular State, you may as well deny him the debt. We contracted with you who had ample power to engage the States generally -- they will say -- & it was on the fault of no one individual state.
The Situation of Congress at Present is by no means enviable, placed in a responsible Situation, receiving repeated applications, painted in the most lively colours of distress, without the means of relieving -- hemmed in on all sides with difficulties that appear insurmountable -- they find the fatigue of Office aggravated by reproaches of those who have not on whom else to vent their spleen.
The Army are in a Situation truly alarming & highly critical, & but for the pru[dence] & discretion of the Commander in chief, the [con]sequences woud perhaps prove a reiteration of those Calamities which have already desolated this Country.
Our credit on which alone We coud borrow money in Europe to satisfy them -- has failed entirely as soon as it was known that the 5 per Cent scheme had failed. Doctor Franklin writes us this & so does Mr. A. I am in hopes you will consider these things well & make up your mind agt. the next Session of Assembly, for I know the strength of
Adieu John F. Mercer
RC (Herbert Klingelhofer, Bethesda, Md., 1986). Addressed: "Henry
Tazewell Esqr., Williamsburg, Virginia."
1 Henry Tazewell (1753-1799) of Brunswick Co., Va., was a lawyer and Williamsburg delegate to the Virginia Assembly, 1778-85.
2 Not found.
The import of the last Dispatches received by Capt. Barney had been communicated. A Letter from Mr. Laurens received at the same time had not been read in Congress. Its date was posterior to those of his colleagues, and conveyed strong suspicions of the designs of the Court of London -- that their plan was to disunite the belligerent Powers & he thinks the spirit of the English high "for the prosecution of the war against France."
The minister's reflections were wise and deserved "the most serious attention." He recommends we "should ardently adhere in all points to every engagement with the Court of France" whose views he did not suspect, and cautions us against "trusting to our new but half-made Friends." The news-paper reports of the Parliamentary debates discovered indecision, even in the Cabinet of the British King, consequently he inferred Ld. Shelburne had not disclosed his ultimate views even to them....
Refer to sundry claims against the State for goods furnished by French Houses &c. and recommends Mr. Barclay the consul in France, be appointed to settle them.(1)
P.S. By a letter from Genl. Washington, rec'd the day before, they "find the army in a situation highly alarming & truly critical." They "trust much to the prudence & discretion of the General to prevent desperate measures."
John F. Mercer J. Madison, Jnr.
Theo. Bland, Jnr.
Jos. Jones
A. Lee
MS not found; summary reprinted from Cal. of Va. State Papers, 3:458. The surviving cover for this letter is in the hand of John Francis Mercer, for whose views see the preceding two entries.
1 For Robert R. Livingston's March 15 letter to the Virginia delegates on this topic, see Madison, Papers (Hutchinson), 6:342.
By the last Post, I was favoured with your very polite private Letter of the 12th Ultimo.(1) The Terms of it are too flattering not to claim my warmest acknowledgments for your kind Sentiments towards me, and to embrace your Offers of Friendship with the utmost Pleasure. Be assured Sir that I esteem your Acquaintance as a valuable Acquisition and shall cultivate it, with the highest Satisfaction.
Before the rect. of this, you will have recd the provisional Treaty of Peace with Great Britain. The Circumstances attending it, are not without embarrassments, as France, Spain & Holland are eventually to finish their Terms with England, before we can claim any benefit from this negotiation. By the debates in the Houses of Commons & Lords, it appears as if some of that Body would inculcate an Idea as if America would be bound in Case France refused their Terms. I hope no American will ever have an Idea of deserting France upon any Terms whatever that are inconsistant with good Faith.
We wait the next arrivals with great Anxiety & Expectation. The Conduct of Mr. H____(2) is all of a piece -- many People suspect the harshest Things of him. I had entertained the best Ideas of his Integrity, but I confess his late Conduct has stumbled me much -- especially the publishing certain Extracts of public Letters which he gave his word should not be made publick by him. Let his Integrity be ever so great, he has been the means of giving these united States a Shock, she will feel for years to come, and which indeed I think threatens our Union more than all the Arms of G B. The Conduct of Rhode Island & Virginia will alarm the Continent not a little, when they see the fatal Consequences, and that Time is not far off. The first Effects of it is, the resignation of our Financier, and this tho perplexing indeed, is among the least Evils attending it.
I have the honor to be with the greatest respect & Esteem, Sir, Your most Obedt and very Hble Servt, Elias Boudinot
P.S. I forgot to mention that the Report (3) handed about by Mr H. was one brought in by a Comittee, that appeared so incompatible with the Views of Congress that it recd but one Reading & was never afterwards taken up.
RC (NN: Miscellaneous Manuscripts). Endorsed: "(Private)."
1 Lowell had sent this letter with an official letter to Boudinot of the same date conditionally accepting his appointment to the court of appeals, which was read in Congress on March 17. See JCC, 24:186n.2; PCC, item 78, 14:531-34; and Boudinot to Lowell, December 11, 1782 .
2 That is, Rhode Island delegate David Howell.
3 Not identified.
I wrote you the 11th ultimo,(1) but have not been favor'd with any from you.
Congress have appointed a committee to prepare a recommendation to the several States to sit apart a day of fasting, humiliation & prayer, but I don't expect it will be finished so as to go by this post; Therefore I thought it adviseable to give you this notice.(2)
I suppose before this comes to hand, you will be well acquainted with the late intelligence from Europe; we are still in expectation of more important news from that quarter.
I must beg leave to refer you to the inclosed for the intelligence of the day.
I am, with perfect respect, your most obedient
FC (DLC: Holten Papers). In the hand of Samuel Holten.
1 Not found.
2 A committee consisting of Holten, Eliphalet Dyer, and Arthur Lee was appointed for this purpose on March 18, but Congress subsequently decided against such a commemoration and eventually discharged the committee on April 28. See PCC, item 186, fol. 89; and Holten to John Hancock, April 30, 1783.
A letter was read from the Superintendt. of Finance inclosing letters from Docr. Franklin accompd. with extracts from the Ct. de Vergennes relative to money-affairs, the Supt. thereupon declaring roundly that our credit was at an end & that no further pecuniary aids were to be expected from Europe.(1) Mr. Rutlidge denied these assertions & expressed some indignation at them. Mr. Bland said that as the Supt. was of this opinion it would be absurd for him to be Minister of Finance and moved that the come. on his motion for arranging the department might be instructed to report without loss of time.(2) This motion was negatived as censuring the Come. but it was understood to be the sense of Congs. that they sd. report.
The order of the day viz the letter from the Secretary of F. A. was taken up.(3)
Mr. Wolcot conceived it unnecessary to waste time on the subject as he presumed Congs. would never so far censure the Ministers who had obtained such terms for this Country, as to disavow their conduct.
Mr. Clarke was decided agst. communicating the separate article,(4) which wd. be sacrificing meritorious Ministers, & wd. rather injure
than relieve our national honour. He admitted that the separate article put an advantage into the hands of the Enemy, but did not on the whole deem it of any very great consequence. He thought Congress ought to go no farther than to inform the Ministers that they were sorry for the necessity which had led them into the part they had taken, & to leave them to get rid of the embarrassmt. as to the separate article in such way as they sd. judge best. This expedient would save Congress & spare our Ministers who might have been governed by reasons not known to Congress.
Mr. Mercer said that not meaning to give offence any where, he should speak his sentiments freely. He gave it as his clear & decided opinion that the Ministers had insulted Congress by sending them assertions without proof as reasons for violating their instructions, & throwing themselves into the confidence of G. B. He observed that France in order to make herself equal to the Enemy had been obliged to call for aid & had drawn Spain agst. her interest into the war: that it was not improbable that She had entered into some specific engagements for that purpose; that hence might be deduced the perplexity of her situation, of which advantage had been taken by G. B. -- an advantage in which our Ministers had concurred for sowing jealousies between F. & U. S. & of which further advantage wd. be taken to alienate the minds of the people of this Country from their ally by presenting him as the obstacle to peace. The British Court he said havg gained this point may easily frustrate the negociation & renew the war agst. divided enemies. He approved of the conduct of the Count de Vergennes in promoting a treaty under the 1st Commission to Oswald as preferring the substance to the shadow & proceeding from a desire of peace. The conduct of our Ministers throughout, particularly in giving in writing every thing called for by British Ministers expressive of distrust of France was a mixture of follies which had no example, was a tragedy to America & a comedy to all the world beside. He felt inexpressible indignation at their meanly stooping as it were to lick the dust from the feet of a nation whose hands were still died with the blood of their fellow-citizens. He reprobated the chicane & low cunning wch. marked the journals transmitted to congress,(5) and contrasted them with the honesty & good faith which became all nations & particularly an infant republic. They proved that America had at once all the follies of youth and all the vices of old age: thinks it wd. [be] necessary to recall our Ministers: fears that France may be already acquainted with all the transactions of our Ministers, even with the separate article, & may be only awaiting the reception given to it by Congs. to see how far her hopes of cutting off the right arm of G. B. by supporting our revolution may have been well founded: and in case of our basely disappointing her, may league with our Enemy for our destruction and for a division of the spoils. He was aware of the
Mr. Rutlidge said he hoped the character of our ministers wd. not be affected, much less their recall produced by declamations agst. them: and that facts would be ascertained & stated before any decision sd. be passed: that the Ct. de Vergennes had expressly declared to our Ministers his desire that they might treat apart, alluded to & animadverted upon the instruction which sumbmitted them to French Councils; was of opinion that the separate article did not concern France & therefore there was no necessity for communicating it to her; & that as to Spain she deserved nothing at our hands, she had treated us in a manner that forfeited all claim to our good offices or our confidence, she had not as had been supposed entered into the present war as an ally to our ally and for our support; but as she herself had declared, as a principal & on her own account. He sd. he was for adhering religiously to the Spirit & letter of the treaty with France, that our Ministers had done so; & if recalled or censured for the part they had acted, he was sure no man of spirit would take their place. He concluded with moving that the letter from the Secy. for F. A. might be referred to a special comme. who might enquire into all the facts relative to the subject of it. Mr. Holten 2ded the motion.(6)
Mr. Williamson was opposed to harsh treatment of Ministers who had shewn great ability. He said they had not infringed the Treaty, and as they had recd. the concurrence of the Ct. de Vergennes for treating apart, they had not in that respect violated their instruction. He proposed that Congress sd. express to the Ministers their concern at the separate article & leave them to get over the embarrassment as they shd. find best.
Mr. Mercer in answer to Mr. Rutlidge said that his language with respect to the Ministers was justified by their refusal to obey instructions, censured wth. great warmth the servile confidence of Mr. Jay in particular in the British Ministers. He said the separate article was a reproach to our character, and that if Congress wd. not themselves disclose it he himself would disclose it to his Constituents who would disdain to be United with those who patronize such dishonorable proceedings. He was called to order by the Presidt. who said that the article in question was under an injunction of secresy & he cd. not permit the orders of the House to be trampled upon.(7)
Mr. Lee took notice that obligations in national affairs as well as others ought to be reciprocal & he did not know that France had ever bound herself to like engagements as to concert of negociation with those into which America had at different times been drawn. He thought it highly improper to censure Ministers who had negociated well, said that it was agreeable to practice & necessary to the end proposed, for Ministers in particular emergences to swerve from strict instructions. France he said wanted to sacrifice our interests to her own or to those of Spain, that the French answer to the British Memorial contained a passage which deserved attention on this subject. She answer'd the reproaches of perfidy contained in that Memorial by observing that obligations being reciprocal, a breach on one side absolved the other.(8) The Ct. de Vergennes he was sure was too much a master of negociation not to approve the management of our Ministers instead of condemning it. No man lamented more than he did any diminution of the confidence between this country & France, but if the misfortune should ensue it could not be denied that it originated with France, who has endeavoured to sacrifice our territorial rights, those very rights which by the Treaty she had guarantied to us. He wished the preliminary articles had not been signed without the knowledge of France but was persuaded that in whatever light she might view it, she was too sensible of the necessity of our Independence to her safety ever to abandon it. But let no censure fall on our Ministers who had upon the whole done what was best. He introduced the instruction of June 15, 1781,(9) proclaimed it to be the greatest opprobrium and stain to this Country which it had ever exposed itself to, & that it was in his judgment the true cause of that distrust & coldness which prevailed between our Ministers & the French Court, inasmuch as it could not be viewed by the former without irritation & disgust. He was not surprized that those who considered France as the Patron rather than the ally of this Country should be disposed to be obsequious to her, but he was not of that number.
Mr. Hamilton urged the propriety of proceeding with coolness and circumspection. He thought it proper in order to form a right judgment of the conduct of our Ministers, that the views of the French & British Courts should be examined. He admitted it as not improbable that it had been the policy of France to procrastinate the definitive acknowledgmt. of our Independence on the part of G. B. in order to keep us more knit to herself & untill her own interests could be negociated. The arguments however urged by our Ministers on this subject, although strong, were not conclusive; as it was not certain, that this policy & not a desire of excluding obstacles to peace, had produced the opposition of the French Court to our demands. Caution & vigilance he thought were justified by the appearance & these alone. But compare this policy with that of G. B. survey the past cruelty & present
Mr. Peters favored a moderate course as most advisable. He thought it necessary that the separate art. sd. be communicated, but that it wd. be less painful to the feelings of the Ministers if the doing it was left to themselves; and was also in favor of giving the territory annexed by the separate art. to W[est] F[lorida] to such power as might be invested with that Colony in the Treaty of peace.
Mr. Bland said he was glad that every one seemed at length to be struck with the impropriety of the instruction submitting our Ministers to the advice of the French Court. He represented it as the cause of all
Mr. Wilson objected to Mr. Blands motion as not being in order.(11) When moved in order perhaps he might not oppose the substance of it. He said he had never seen nor heard of the instruction it referred to untill this morning; and that it had really astonished him; that this Country ought to maintain an upright posture between all nations. But however objectionable this step might have been in Congs. the magninimity of our Ally in declining to obtrude his advice on our Ministers ought to have been a fresh motive, to their confidence and respect. Altho they deserve commendation in general for their services; in this respect they do not. He was [of the] opinion that the spirit of the treaty with France forbade the signing of the preliminary articles without her previous consent; and that the separate article ought to be disclosed; but as the merits of our Ministers entitled them to the mildest & most delicate mode in which it cd. be done, he wished the communication to be left to themselves as they wd. be the best judges of the explanation which ought to be made for the concealment; & their feelings wd. be less wounded than if it were made without their intervention. He observed that the separate article was not important in itself & became so only by the mysterious silence in which it was wrapt up. A candid and open declaration from our Ministers of the circumstances under which they acted & the necessity produced by them of pursuing the course marked out by the interest of their Country, wd. have been satisfactory to our ally, wd. have saved their own honor, and would have not endangered the objects for which they were negociating.
Mr. Higginson contended that the facts stated by our Ministers justified the part they had taken.
Mr. [Madison] expressed his surprise at the attempts made to fix the blame of all our embarrassments on the instruction of June 15, 1781, when it appeared that no use had been made of the power given by it to the Ct. of France, that our Ministers had construed it in such a way as to leave them at full liberty; and that no one in Congs. pretended to blame them on that acct. For himself he was persuaded that their construction was just; the advice of France having been made a guide to them only in cases where the question respected the concessions of the U.S. to G. B. necessary & proper for obtaining peace & an acknowledgt. of Indepe.; not where it respected concessions to other powers & for other purposes. He reminded Congress of the change which had taken place in our affairs since that instruction was passed, and remarked the probability that many who were now perhaps loudest in disclaiming, would under the circumstances of that period have been the foremost to adopt it.(12) He admitted that the change of circumstances had rendered it inapplicable, but thought an
As to the propriety of communicating to our Ally the separate article, he thought it resulted clearly from considerations both of national honor & national security. He said that Congress having repeatedly assured their ally that they would take no step in a negociation but in concert & in confidence with him, and havg. even published to the world solemn declarations to the same effect, would if they abetted this concealment of their Ministers be considered by all nations as devoid of all constancy & good faith; unless a breach of these assurances & declarations cd. be justified by an absolute necessity or some perfidy on the part of France; that it was manifest no such necessity could be pleaded, & as to perfidy on the part of France, nothing but suspicious & equivocal circumstances had been quoted in evidence of it & even in these it appeared that our Ministers were divided; that the embarrassmt. in which France was placed by the interfering claims of Spain & the U. S. must have been foreseen by our Ministers, and that the impartial public would expect that instead of co-operating with G. B. in taking advantage of this embarrassment, they ought to have made every allowance & given every facility to it consistent with a regard to the rights of their Constituents; that admiting every fact alledged by our Ministers to be true, it could by no means be inferred that the opposition made by France to our claims, was the effect of any hostile or ambitious designs agst. them, or of any other design than that of reconciling them with those of Spain; that the hostile aspect wch. the separate art. as well as the concealment of it bore to Spain, would be regarded by the impartial world as a dishonorable alliance with our enemies against the interests of our friends; that notwithstanding the disappointments & even indignities which the U S. had recd from Spain it could neither be denied nor concealed that the former had derived many substantial advantages, from her taking part in the war & had even obtained some pecuniary aids; that the U. S. had made professions corresponding with these obligations; that they had testified the important light in which they considered the support resulting to their cause from the arms of Spain by the importunity
That our national safety would be endangered by Congress making themselves a party to the concealment of the separate article, he thought could be questioned by no one. No definitive treaty of peace he observed had as yet taken place, the important articles between some of the belligerent parties had not even been adjusted, our insidious enemy was evidently labouring to sow dissentions among them, the incaution of our Ministers had but too much facilitated them between the U. S. and. France; a renewal of the war therefore in some form or other was still to be apprehended, & what would be our situation if France & Spain had no confidence in us: and what confidence could they have if we did not disclaim the policy which had been followed by our Ministers.
He took notice of the intimation given by the British Minister to Mr. Adams of an intended expedition from N. York agst. W. Florida, as a proof of the illicit confidence into which our Ministers had been drawn, & urged the indispensable duty of Congs. to communicate it to those concerned in it. He hoped that if a Come. sd. be appd. for wch. however he saw no necessity that this wd. be included in their report & that their report wd. be made with as little delay as possible.
In the event the Lettr. from Secy of F. A. with all the despatches & the several propositions which had been made, were committed to Mr. Wilson, Mr. Ghorum, Mr. Rutlidge, Mr. Clarke & Mr. Hamilton.(16)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:357-65.
1 With his March 17 letter to Congress, Robert Morris had included a copy of Benjamin Franklin's December 14, 1782, letter to him, extracts of the comte de Vergennes' December 15 letter to Franklin, and a copy of the chevalier de La Luzerne's March 15 letter to Morris. These papers were referred to a committee consisting of John Rutledge, Abraham Clark, Nathaniel Gorham, Hugh Williamson, and Oliver Wolcott, which was "discharged" April 28. Franklin's December 23 letter to Morris had been forwarded to Congress on March 13 and received on March 17. See JCC, 24:194n.3; PCC, item 185, 3:58, item 186, fol. 89, item 137, 2:213-18, 228-38; Wharton, Diplomatic Correspondence, 6:140, and Morris, Papers (Ferguson), 7:203-5, 230-32, 584-88, 593-96.
2 For Theodorick Bland's March 5 motion and the appointment of a committee "for arranging the department," see Madison's Notes, March 4-5, 1783, notes 4 and 7 . The members of that committee were the same as those appointed this day to consider Morris' March 17 letter.
3 See Madison's Notes, March 18, note 4 .
4 See Madison's Notes, March 12-15, note 4 .
5 That is, the commissioners' "Paris journal," for which see ibid., note 1.
6 Neither John Rutledge's motion nor any others offered in Congress this day were recorded in Charles Thomson's journals, although three located in the PCC -- those of Richard Peters, Hugh Williamson, and Alexander Hamilton -- were printed by Gaillard Hunt in JCC, 24:193-94.
7 Neither the journals nor Madison's Notes for March 12-15 mentioned an "injunction of secresy" being placed on the separate article at the time it was read, although Madison referred to it in his Notes of March 18 as "the secret article."
8 The "British Memorial" and the "French answer" were undoubtedly Edward Gibbon's The Justifying Memorial of the King of Great Britain, In Answer to the Exposition, Etc., of the Court of France (London, 1779), which had been written in reply to the French ExposÄ des Motifs de la Conduite du Roi, Relativement ê L'Angleterre (Paris, 1779), and Joseph Mathias Gérard de Rayneval's Observations sur le Mémoire Justificatif de la Cour de Londres (Paris, 1780). On September 11, 1780, Congress approved Madison's motion to have the latter work published and distributed. See JCC, 18:818-19; and Madison, Papers (Hutchinson), 2:79-80. It appeared under the title Observations on the Justification Memorial of the Court of London (Philadelphia: F. Bailey, 1781). See Evans, Am. Bibliography, no. 17,093, where authorship is mistakenly attributed to Pierre Auguste Caron de Beaumarchais.
9 See JCC, 20:651-52.
10 See JCC, 24:194.
11 Bland's motion violated the 15th procedural rule adopted by Congress on May 4, 1781, wherein a new motion could not be offered as an amendment to one on the floor until the latter was "postponed or disagreed to." JCC, 20:479.
12 At this point in the manuscript Madison inserted an asterisk to which he keyed the following note: "The Committee who reported the instruction were Mr. Carroll, Mr. Jones, Mr Witherspoon, Mr. Sullivan & Mr. Mathews. Mr. Witherspoon was particularly prominent throughout." John Witherspoon, who had drafted the paragraph of the instructions crucial to this day's debate, was no longer in Congress. For his observations on his role in drafting the committee's report, however, see John Witherspoon to Unknown, August ? 1782. Of the remaining members of that committee -- Daniel Carroll, Joseph Jones, John Sullivan, and John Mathews -- the latter two had also left Congress.
13 For the confirmation on May 31 and October 4, 1782, of the instructions of June 15, 1781, see JCC, 22:111-13, 23:638; and Madison, Papers (Hutchinson), 4:302-4, 5:180-82. Madison was undoubtedly referring as well to repeated votes which negated attempts by Arthur Lee and others to amend or cancel the instructions, for which see Charles Thomson's Notes of Debates, July 24 , August 2 and 8 ; and Madison's Notes, December 30, 1782.
14 At this point Madison keyed: "Mr. Bland, Lee, & Rutlidge."
15 Madison further keyed: "Mr. Rutlidge; he formed in the Come first draught of the declaration made in Sepr. last & instruction abt. same time. This was considerably altered but not in that respect." Rutledge and Madison had served together on the committee appointed on September 24, 1782, and chaired by James Duane whose October 3 report served as the basis for Congress' resolves of October 4. Madison would therefore have known Rutledge's role in the committee's work even though the final report was in Duane's hand. See JCC, 23:603, 632-40; PCC, item 19, 2:245-48; and Madison, Papers (Hutchinson), 5:180-82.
16 According to Charles Thomson's committee book, the committee received: the "Report of the secy for foreign affairs on the communications from the Ministers for negotiatg a peace, 3 motions thereon, the preliminary Articles, [and] the ministers letters & communications respecting the negotiations." PCC, item 186, fol. 89. It reported on March 21 and its report was taken up the following day, for which see Madison's Notes, March 22, 1783 .
Incloased we Send you the articles of peace Stipulated between the Minesters of Great Britain and ouer Minesters, not to be Concluded untill peace takes place between Great Brittain and France, we fear peace is not so near at hand as we Could Wish.
Nothing meterial has been Concluded in Congress Since ouer last, we Shall not omit forwarding to you anything that may Require your notice.
We are with Great Respect, your Excellencys most obedient Humbe Servants, John Collins
Jona Arnold
RC (R-Ar: Letters to Governors). Written by Collins and signed by Collins and Arnold.
As I wrote to you yesterday(1) by Mr. Lamb late of Hartford, I shall Say but little to you at this Time, only will Observe that the State of our Finances are in a Very disagreable Situation. The Loan in Holland fills up Slowly, and no one who reflects that this Loan is made by individuals, and that the U States have not established any Fund to discharge it, but must feel the deepest Regret at the exposed Honour of the U States, and the Ruin which Persons may be invovled in who have put a Confidence in Us. The Refusal of R Island to grant the Impost has as We hear extremely injured our Credit in Europe. Congress has the Subject of recommending to the several States to grant an Impost differently Modified, and inlarged. I hope that it will soon be sent to the States.
We shall be in an unhappy Situation Very soon Unlesss our publick Credit shall obtain a Restoration, for as but little, Very little Money is recd by the States, and no money can be borrowed either at home or abroad, if the War shall be continued, the late Ecconomical System for Supporting the Army, will I Apprehend fail, unless immediate and Vigorous Measures Shall be adopted. I am Sir, yours,
Oliver Wolcott
RC (CtHi: Oliver Wolcott, Jr., Papers).
1 That is, Wolcott's letter to Oliver of March 17 .
I wish to have a small Package bro't on by the Waggons which bring your Hemp. if this Arrives timely -- to meet them in Providence I pray you to deliver the within as soon as it comes to hand -- and the package will in Consequence be delivd. at your Store -- seasonably.
Excuse this trouble -- from your Friend & hum Servt.
Jona Arnold.
P.S. I have had no Answer respecting the Constitutions -- pray let me hear soon, for as the Edition is nearly all sold -- it may be a disappointment.(1)
RC (MeHi: Fogg Collection).
1 See Arnold to Arnold, February 11, 1783 .
An instruction from the Legislature of Virga. to their Delegates agst. admitting into Treaty of peace any stipulation for restoring confiscated property was laid before Congress.(1)
Also resolutions of the Executive Council of Penna. requesting the Delegates of that State to endeavor to obtain at least a reasonable term for making the payment of British debts stipulated in the preliminary articles lately recd.
These papers were committed to Mr. Osgood, Mr. Mercer & Mr. Fitzimmons.(2)
Mr. Dyer whose vote on the day of frustrated the commutation of the half pay made a proposition substantially the same wch. was committed. This seemed to be extorted from him by the critical state of our affairs, himself personally & his State being opposed to it.(3)
The Motion of Mr. Hamilton on the journals was meant as a testimony on his part of the insufficiency of the report of the Come. as to the establishmt. of revenues, and as a final trial of the sense of Congs. with respect to the practicability & necessity of a general revenue equal to the public wants. The debates on it were cheifly a repetition of those used on former questions relative to that subject.(4)
Mr. Fitzimmons on this occasion declared that on mature reflection he was convinced that a complete general revenue was unattainable from the States, was impracticall in the hands of Congress, and that the modified provision reported by the Come. if established by the States wd. restore public credit among ourselves. He apprehended however that no limited funds wd. procure loans abroad, which wd. require funds commensurate to their duration.
Mr. Higginson described all attempts of Congs. to provide for the public debts out of the mode prescribed by the Confederation, as nugatory: sd that the States wd. disregard them, that the impost of 5 perCt. had passed in Massts. by 2 voices only in the lower, & one in the upper house; & that the Govr. had never formally assented to the law; that it was probable this law wd. be repealed; & almost certain that the extensive plans of Congress would be reprobated.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:370.
1 This December 17 instruction, which had been received by the Virginia delegates in January, was referred to committee in conjunction with the March 19 representation from the Pennsylvania Council concerning the debts stipulation in the preliminary articles of peace described in the following paragraph of Madison's notes. See ibid., 5:409-10; JCC, 24:204n.1; PCC, item 69, 2:425-32; and Virginia Delegates to Benjamin Harrison, January 28, 1783, note 1.
2 Samuel Osgood's committee reported on April 1, but its report was not considered until May 19 after Osgood had left Congress. See PCC, item 186, fol. 89; and Madison's Notes, May 19, 1783, note 2 .
3 By dividing Connecticut's vote on March 10, Eliphalet Dyer had narrowly defeated the report of a committee on which he had served favoring the commutation of half pay for retired Continental officers. The report had been referred back to that committee, and this day Dyer reintroduced the proposal prefaced by a statement of justification. It was referred to a committee consisting of Alexander Hamilton, Dyer, and Gunning Bedford whose report of the following day was taken up March 22. See JCC, 24:178-79, 202-3; PCC, item 186, fol. 89; and Madison's Notes, March 10 and 22, note 2 .
4 For Alexander Hamilton's motion to postpone the report of the committee on the restoration of public credit and to consider an alternate plan, see JCC, 24:195-202. For the committee's report, see Madison's Notes, March 6-7, note 1, and March 18, note 1 .
The Report on Revenue was taken into consideration; and the 5 & 6 paragraphs after discussion being judged not sufficiently explicit were recommitted to be made more so.(1)
A motion was made by Mr. Clarke 2ded. by (2) to complete so much of the report as related to an impost on Trade & send it to the States immediately apart from the residue.(3)
In support of this motion it was urged that the Impost was distinct in its nature, was more likely to be adopted, & ought not therefore to
The motion was disagreed to: N. J. being in favor of it & several other States divided.(4)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:374.
1 See JCC, 24:171-72.
2 Madison later inserted "Mr. Bland."
3 That is, those sections of the report that had been approved on March 18, for which see JCC, 24:188-91; and Madison's Notes, March 18, 1783 .
4 According to the journals, Abraham Clark's motion was supported by only two states, six states opposed, three divided, and two unrepresented.
Mr. Bland presents his most respectfull Compts. to the Baron de Stuben, takes the liberty to commit to his care a letter to his Excelly. the Comr. in Chief,(1) wishes the Baron an agreeable Journey to Camp -- and cordially felicitates him on the happy termination of a late meeting of the army -- whose resolutions on that occasion must do them the highest honor to the latest posterity -- as well as on the Passage this day of the vote for the commutation in Congress. Mr. Bland Ardently wishes, and thinks, he hopes not without foundation, that these resolutions will be followed, by measures which will give solidity to the establishments voted -- & produce complete satisfaction to a Meritorious, a Brave & a Patriotic Army.
RC (WHi: Gratz Collection). In Bland's hand, though not signed.
1 Bland actually wrote two letters to Washington this date, for which see the following entries.
That I have not availd myself of the liberty of writing to you, which your Excellency's request, when you left this place would have Authorized
I have I fear so far exceeded the bounds of your Patience as to prevent me at this time from saying any thing on the present Situation and prospects of our Internal Policy. The Steps we are persuing in Congress to Establish Public Credit, and call forth our resources will I hope prove effectual, and enable us to do Justice to the Merits of our Brave and Virtuous Army. This day has given us a Fresh Proof of their exalted Merit & Patriotism -- it is with Pleasure I Inform Yr. Excellency -- that your dispatches containing an account of their meritorious
RC (DLC: Washington Papers).
1 See Madison's Notes, this date, note 1.
2 Ibid., note 2 .
I have taken the liberty to enclose to your Excellency a letter addressed to Genl. Carleton on acct. of two Valuable Servts. who eloped from me in the month of May 1781 who are both as I am informd in New York, and as I have been told in the Service of some officers of the British Army. Shd. yr. Excellency conceive the smallest impropriety in the application which I leave open for your perusal I shall cheerfully desist from prosecuting it and request that you will suppress it. If yr. Excelly shd. think otherwise -- I must sollicit your goodness to give it an introduction 1 -- and shd. it be attended with success -- that you will be pleased to Order the negroes to be secured untill I can be advertised of their being returnd when I will immediately send for them. I must add that nothing but the sanction of a Solemn treaty, would ever have induced me to think of such an application notwithstanding the Multiplied losses I have sustaind of that kind during the Invasion of the State of Virginia. I need not repeat my entire confidence in your Excellencys prudence as well as goodness or that I am, Yr. most obedt. Servt Theok. Bland
RC (DLC: Washington Papers).
1 Washington transmitted Bland's letter to Sir Guy Carleton almost immediately, for which see Washington, Writings (Fitzpatrick), 26:274-75.
A letter was recd. from Genl Washington inclosing his address to the convention of Officers with the result of their consultations.(1) This
The report of the come. on Mr. Dyer's motion in favor of a commutation for the half pay was agreed to. The preamble was objected to, but admitted at the entreaty of Mr. Dyer who supposed the considerations recited in it wd. tend to reconcile the State of Cont. to the measure.(2)
The order passed for granting 35 licences for vessels belonging to Nantucket to secure the whaling vessels agst. the penalty for double papers. This order was in consequence of a deputation to Congs. representing the exposed situation of that island, the importance of the Whale fishery to the U. S. the danger of its being usurped by other nations & the concurrenc of the Enemy in neutralizing such a number of Vessels as wd. carry the fishery in an extent necessary for the support of the inhabitants.(3)
The Come. to whom was referred the letter from the Secy. of F. A. with the foreign despatches &c reported(4)
1. That our Ministers be thanked for their zeal & services in negociating the preliminary articles.
2. that they be instructed to make a communication of the separate article to the Court of France in such way as would best get over the concealment.
3. that the Secy. of F. A. inform them that it is the wish of Congress that the preliminary articles had been communicated to the Court of France before they had been executed.
Mr. Dyer said he was opposed to the whole report; that he fully approved of every step taken by our Ministers as well towards G. B. as towards France, that the separate article did not concern the interests of France & therefore could not involve the good faith of the U. S.
Mr. Lee agreed fully with Mr. Dyer, said that a special report of facts ought to have [been] made as necessary for enabling Congs. to form a just opinion of the Conduct of the Ministers, and moved that the report might be recommitted. Mr. Wolcot 2ded the motion which was evidently made for the sole purpose of delay. It was opposed by Mr. Clarke, Mr. Wilson & Mr. Ghorum the 1st & last of whom had how-ever no objection to postponing; by Mr. Mercer who repeated his ab-horrence of the confidence shewn by our Ministers to those of G. B.(5) said that A.(6) was about to realize the case of those kicked down the ladder by wch. they had been elevated, & of the viper which was ready to destroy the family of the man in whose bosom it had been restored to life, observed that it was unwise to prefer G. B. to Spain as our Neig[h]bours in W. Florida.
Mr. Higgenson supported the sentiments of Mr. Lee, sd. that the Ct. de V. had released our Ministers & that he agreed with those who thought the instruction of June 15 cd. relate only to questions directly between G. B. & U. S.
Mr. Holten thought there was no sufficient evidence for praise or blame; and that both ought to be suspended untill the true reasons sd. be stated by the Ministers. He supposed that the separate article had been made an ultimatum of the preliminaries by G. B. & that there might also be secret arts. between G. B. & F. If the latter were displeased he conceived that she wd. officially notify it. Mr. Rutlidge was agst. recommitting but for postponing. The motion for recomg. was disagreed to, but several States being for postponing, the vote was no index as to the main question.(7)
It had been talked of among sundry members as very singular that the British Minister should have confided to Mr. Adams an intended expedition from N. Y. agst. W. Florida; as very reprehensible in the latter to become the depository of secrets hostile to the Friends of his Country, and that every motive of honor & prudence made it the duty of Congs. to impart the matter to the Spaniards. To this effect a motion was made by Mr. Mercer 2ded by [Madison]. But it being near the usual hour of adjournment, the house being agitated by the debates on the separate article: and a large proportion of member[s] predetermined agst. every measure wch. seemed in any manner to blame the Ministers; & the Eastern delegates in general extremely jealous of the honor of Mr. Adams, an adjournment was pressed & carried without any vote on the motion.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:375-77.
1 For Washington's letter, see the following entry, note 2. It was referred this day, along with his letters of March 12 and 16, to a committee composed of Samuel Osgood, Theodorick Bland, Alexander Hamilton, Oliver Wolcott, and Richard Peters. See JCC, 24:210n.1; PCC, item 185, 3:59; and Madison's Notes, March 17. See also the first Committee of Congress letter to Washington, March 25, 1783, note 2. While awaiting Washington's reply the committee apparently issued an interim report on April 1 which was not noted in the journals or Madison's Notes for that day. See JCC, 24:306n; and PCC, item 186, fol. 90.
2 See JCC, 24:207-9; and Madison's Notes, March 20, note 3 .
3 Samuel Starbuck and William Rotch had presented a March 10 memorial to Congress on behalf of the neutral inhabitants of Nantucket explaining the distressed condition of the whale industry as a result of British and American raids and asking for passports that would exempt Nantucket whalers from seizure by American cruisers. Their memorial was referred on March 11 to a committee of three chaired by Nathaniel Gorham which reported March 17. The report was read three times March 18-20 and recommitted for a draft of a passport which was read and approved this day. See JCC, 24:182n.1, 187, 193, 195, 206-7; and PCC, item 41, 7:91-96, item 49, fols. 261-64; item 186, 3:87. For Rotch's later recollections of his meetings with members of Congress including Madison, see the New-England Historical and Genealogical Register, 32 (April 1878): 153.
4 For the appointment of this committee, see Madison's Notes, March 18, note 4. Although the committee's report had been submitted on March 21 (for which see PCC, item 186, fol. 89), the report itself is not in PCC nor was it mentioned in the journals.
5 For the initial debate over Robert R. Livingston's March 18 letter to Congress, see Madison's Notes, March 19, 1783.
6 That is, John Adams, for whom see the final paragraph.
7 See note 4 above.
Your Excellency will give me the utmost credit, when I assure you, that it is with the most unfeigned Joy, that I congratulate your Excellency and the whole army on the confirmation of the signing of the definitive Treaty of peace, by all the belligerent powers, on the 2lst of January. This happy event has just been announced by an Express from on Board a Sloop of War in the River, dispatched by the Count D'Estaing and the Marquis de la Fayette from Cadiz on the 14th of February, in hopes that she might arrive before those sent from France and Britain. All hostilities had ceased in Europe and the same happy event was to take place here on the 20th instant.(1) These are not official dispatches, but as there can be no doubt of the event I thought it of the highest consequence to give your Excellency and my fellow Citizens of the Army the earliest notice of this glorious end of all their trials and labours.
I duly received your Excellency's letters by the Express, containing the proceedings of the Army which gave Congress and every Friend to the Army the highest satisfaction.(2)
The commutation of the half pay was passed yesterday by nine States in Congress,(3) which adds greatly to our general Joy. I wrote your Excellency by the Baron Steuben, which I hope has got to hand.
I have the honor to be with the highest respect and esteem, Your Excellency's most obedt. & very humb. Sert, Elias Boudinot
[P.S.] Spain has the two Floridas.
RC (PHi: Gratz Collection). In a clerical hand and signed by Boudinot.
1 Boudinot wrote in the margin at this point: "This is reported by the Capt but not in the Letters."
For the reception in Congress the following morning of this information, contained in "A letter, of February 5, from the Marquis de la Fayette, announcing a general peace, and a copy of orders given by the Count D'Estaing...to the Chevalier Du Quesne, commander of the corvette Triumph," see JCC, 24:210-11; and Lafayette, Papers (Idzerda), 5:84-88.
2 For Washington's letters of March 16 and 18, enclosing "the proceedings of the grand Convention of the Officers" at Newburgh on March 15, which happily terminated the recent unrest in the army "with perfect unanimity, and in a manner entirely consonant to my wishes," see PCC, item 152, 11:127-54; Washington, Writings (Fitzpatrick),
3 See ibid., note 2.
I have only time to write one line as the Express is now at the Door. We have this moment Certain intelligence that a General peace is Concluded, Hostilities to Cease in America the 20th March -- the packet is in the River a few Miles below. We have not Received the Dispatches nor any particulars -- But only in General that peace is Concluded and this Vessel Was Sent to bring the Dispatches that will Give us the particulars. I hope in two or three Days to give your Excellency the particulars.
From Sir your Excellencys most obedt and very humble Servt,
Wm Floyd(1)
RC (PHC: Charles Roberts Autograph Collection). Addressed: "His Excellency, George Clinton Esqr., Governor of the State of New York. A General peace is Concluded. To be forwarded by Express." Endorsed: "Pray forward this, Col Pickering, D Humphrys."
1Floyd also wrote a brief letter on March 24 to Udny Hay concerning the New York delegates' finances: "The Draft which you made on Mr. Parker in favour of Colo. Hamilton and my self for two hundred pounds York Currency is paid, I took one hundred and forty of it and Colo. Hamilton Sixty, as at this time my Necessity is Greater than his." Signers Collection, MA.
I do myself the honor to inclose you a hand-bill, containing the most agreeable intelligence of the signature of the general preliminaries of peace.(1)
We have to thank the Marquis Lafayette for the early information, who obtained leave that the sloop of war called the Triumph should touch here, though but the secondary purpose of her voyage.
I most sincerely congratulate you upon the happy prospect of public liberty and independence.
The Superintendent of Marine is directed to call in all our cruisers,(2) and despatches are sent to New York, informing Sir Guy and Digby of the news, that they may take the necessary steps on their side.
I am, with great regard, your obedient and very humble servant,
Gunning Bedford, Junior.
MS not found; reprinted from William T. Read, Life and Correspondence of George Read (Philadelphia: J.B. Lippincott & Co., 1870), pp. 380-81.
1 For this March 24 David C. Claypoole broadside announcing "The principal articles of the preliminaries of peace, of the 20th of January, 1783" between Great Britain and France, see Evans, Am. Bibliography, no. 18,234.
2 Based on a February 5 letter from the marquis de Lafayette "announcing a general peace" and "a copy of orders given by the Count D'Estaing...for the purpose of putting a stop to all hostilities by sea," Congress this day directed the agent of marine, Robert Morris, "to recall all armed vessels cruzing under commissions from the United States of America." Morris quickly completed this assignment sending a circular to the states on March 25 enclosing a copy of the recall order of Congress. See JCC, 24:210-11; Lafayette, Papers (Idzerda), 5:84-88; and Morris, Papers (Ferguson), 7:632.
I do myself the honor to inclose you extracts from some dispatches received last night, by a Sloop of war from Cadiz, under cover from the Marquis Le Fayatt informing us of the signature of the Preliminary Articles of a general peace among the belligerant powers. France keeps Tobago & Senegal, she restores to Britain Granada, St. Vincents, Dominique, St. Christophers. Britain restores to Holland St. Eustatius, Demarari, Esquebo, Barbrie. Britain restores to France Gorie, St. Lucia, St. Pier & Miquilon. The fisheries between Great Britain & France on the coast of New Foundland to continue as in the treaty of 1763, except from the coast of the Cape of Bonivisto to Cape St. John which is ceded to Britain. France to be established in the East Indies as well at Bengal as on the eastern & western coast of Prisque isle, as regulated by the treaty of 63. The article of proceeding treaties concerning the demolition of Dunkirk shall be suppressed. Spain to retain Minorca & West Florida. Great Britain to cede East Florida to Spain. An arrangement to be made between Spain & Britain about cutting of wood at Compeachy in the bay of Hondoras. Britain to retain the Dutch settlement of Negapatmam in the East Indies. Great Britain to restore Trinquemala to the Dutch if not retaken. Britain acknowledges the sovereignty & Independence of the thirteen United States. The limits of the United States to be as agreed upon as agreed on by the provisional articles, except that they shall not extend further down the river Mississippi than the 32d degree of North latitude from whence a line to be drawn to the head of the river St. Mary & along the middle of that river to its mouth. The captn. of the sloop of war has written orders of Count D Estang to inform all cruisers of the signing the preliminaries & to call in all the French frigates & all other vessels belonging to his majesty.
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I most sincerely congratulate you on the most agreeable intelligence & on the glorious prospects of peace & happiness. The general signature took place on the 20th Feby. -- official accounts are hourly expected. The Marquis, out of his abundant love for America, procured this sloop from D'Estang to come with the earliest intelligence.
I am with much regard, Your Obedt. Hbble Servt,
Gunng Bedford jur
N.B. The above was wrote in great haste the moment the dispatches were read, since I have got a Hand Bill which will be more satisfactory. Our Superintendant of Marine is directed to call in all our cruisers, & letters are dispatched immediately to N York with the intelligence.(1)
RC (DeHi: George Read Papers).
1 See the preceding entry, note 2.
You see I have folded down a large sheet of Paper to answer your first which I have this day received altho it is announced in yr. letter to Patsy to be a second or a third -- but this is a stale trick by the by & will not impose on your Politic Brother. God knows whether I shall be able from the farrago of Politics which fill my brain to make out a little Chit Chat -- or something else to entertain you with, but of this you may be assured that were I to fill the whole sheet with professions of the Sincerest love varied in as many Phases as wd. equal the variations of Shelin o Geirey(2) -- it would not encrease the affection and love I have for you -- which is of that truely sincere and constant kind that existed between Brother & Sister before any new modes were introduced, only that it is heightend by a sense of merit which I say without flattery rarely falls to the share of your Sex -- to tell you the truth my dear Sister I am rather Proud of you. But with all this I cannot promise to write to you by every post. My time is so taken up -- and I have so many correspondents that my station obliges me to write to it is impossible. I have however now the pleasure of congratulating you on a General Peace in Which America is one of the Contracting Parties. America is now free and Independant -- and has taken her place formally among the Nations of the Earth -- is recognized as a Sovereign Power. The King of great Britain has formally renounced all Claim to Sovereignty or territory within the United States which are bounded by Novascotia, the lakes, the Missisippi -- and the Souther Boundaries of Georgia. The Navigation of the Missisipi is conceeded to us and the right of fishing. This day arrived a dispatch Vessel a
[P.S.] Tell Tucker a Bill of Exchange will do as well as Morrises Note for the money he wd. remit to me and this may be obtaind from J Short at any time, we are always in want at this cursed Place.
RC (ViW: Tucker-Coleman Papers).
1 The dating of this letter is clear from Bland's references to the arrival "This day" of a "french Sloop of War...announcing that the Genl. treaty had been signed" and that he had written "this day to Tucker," for which see the following entry.
2 Probably a reference to an Irish fiddle tune, rendered phonetically, which we have not been able to identify.
Peace is certainly concluded -- a General Peace. Congress have been this moment informd of it -- by a Corvette which arrived last night in this River, detachd from Count d'Estaings fleet at Cadiz -- at the request of the Marquis de La Fayette -- the Sailing of that fleet is countermanded -- and the Capt. Brings orders for a Cessation of Hostilities, and to afford all Friendly Succour to all British Vessels &c. &c. in the Usual Form. Now let me felicitate you & my Country. America has obtain'd every thing that can be wish'd -- the news affected my poetic organs in such a manner as to draw from me the following Extempore written without correction, therefore very imperfect but such as it is you Shall have it -- it will perhaps set your Poetical Mill to work, which I know produces super fine flower.
Adieu & belive me to have done my best -- for an extempore at least,
Theok. Bland Jr.
RC (ViW: Tucker-Coleman Papers).
I am happy in having an opportunity by an Express Messenger dispatched on the most benevolent and joyous occasion, of acknowledging the receipt of your letter of the 19th instant.(2)
My friendship for Lord Drummond and an attachment to his interest and that of his Family, neither ceased with a difference in our political sentiments or his untimely departure from this troublesome World.(3) I have, tho' with some difficulty, preserved his estate from confiscation, an inquisition having been formd against him. It has also been attempted to draw off from his support by the Friends of the Melfort Family, but I hope I have even extinguished their hopes from this claim, as I verily believe it is not founded in Justice. It will be prudent before you go to England, to leave for me all the papers you have, as also some account of the present state of the Family, that I may not be imposed on by Intruders.
I have the honor to congratulate you, Sir, on a general peace between all the belligerent powers in Europe and that we are once more Friends. This happy event was announced yesterday by letters I received from the Marquis la Fayette, as also from the Compte D'Estaing, by an Express Boat sent for that purpose. A copy of the Compte's Passport is the business on which this Express is sent, which will also announce this happy event to His Excellency Genl. Carlton.(4)
I have the honor to be, with great respect, Sir, Your most obedt. humb. Sert. Elias Boudinot
RC (Scottish Record Office: Henderson of Fordell Papers).
1 Lt. Gen. James Robertson, the last governor of New York under British rule, 1780-83, had been military commandant of New York City, 1776-78, when Boudinot was commissary general of prisoners, and was known for his humane policy toward American prisoners.
2 Robertson's March 19 letter is not in the Robertson letterbook cited above.
3 The reference is to the death, in 1780 at the age of 38, of Thomas Lundin, Lord Drummond, the eldest son of the earl of Perth. Drummond had come to New Jersey in 1768 to manage family lands, and had been the central figure in "the last effort before the Declaration of Independence to reconcile the American colonies with Great Britain," for which see these Letters, 3:24-27.
4 Not found; but for Carleton's reception of this "happy" news via letters of this date from Secty. Robert R. Livingston, Gen. Benjamin Lincoln, and the chevalier de la Luzerne, see Report on American Manuscripts, 3:414.
I congratulate you on the important intelligence containd in the inclosd News Paper.
Not a word from Mesrs Dorsey & Co. This is a cruel disapointment to the Delegates. I feel it perhaps more particularly for reasons which I shall not mention untill I see you.
I inclose by this opportunity an order to my Son for £25 -- to pay taxes. You will observe that it is drawn for part of the order of the Gr. & Council for my old Ballance. This I hope you will honor. It will be in the Collectors hands.
I am Dr sr. with respect, Yr. Mo Obt Servt, Danl. Carroll
P.S. I cannot forbear mentioning that some of the particular reasons aluded to in the above are that in addition to the other necessary charges of living here I have been lately obligd to call for assistance of Docrs, & unfortunately the night I was most indisposd a Bank Note of 100 Dollars was taken out of my pocket, being one half of what I had received that day from Mr McClanaghan.
RC (MdAA: Red Books).
Your Excellency will before this reaches you have received a letter from the Marquis De la Fayette informing you that the preliminaries
I will add that Your Excellency's exertions are as essential to accomplish this end as they have been to establish independence. I will upon a future occasion open myself upon this Subject.
Your conduct in the affair of the officers is highly pleasing here. The measures of the army are such as I could have wished them and will add new lustre to their character as wel[l] as strengthen the hands of Congress.
I am with great truth & respect. Yr. Excellency's Most Obed ser.
A Hamilton
RC (DLC: Hamilton Papers).
On the day preceding intelligence arrived which was this day laid before Congs. that the preliminaries for a general peace had been signed on the 20th of Jany. This intelligence was brought by a French cutter from Cadiz despatched by Ct. d'Estaing to notify the event to all vessels at sea, and engaged by the zeal of the Marquis de la Fayette to convey it to Congress. This confirmation of peace produced the greater joy, as the preceding delay, the cautions of Mr. Lauren's Letter of the 24 of Decr.(1) and the general suspicions of Ld. Shelburne's sincerity had rendered an immediate & general peace extremely problematical in the minds of many.
A letter was recd. from Genl. Carlton thro' Genl. Washington inclosing a copy of the preliminary articles between G. B. & the U.S. with the separate article annexed.(2)
Mr. Carroll after taking notice of the embarrassment under which Congs. were placed by the injunction of secrecy as to the separate article after it had probably been disclosed in Europe & it now appeared was known at N. York, called the attention of Congs. again to that subject.
Mr. Wolcot still contended that it would be premature to take any step relative to it, untill further communications should be recd. from our Ministers.
Mr. Gilman being of the same opinion, moved that the business be postponed. Mr. Lee 2ded it.
Mr. Wilson conceived it indispensably necessary that something should be done; that Congs. deceived themselves if they supposed that the separate art. was a secret at N. York after it had been announced to them from Sr. Guy Carlton. He professed a high respect for the character of the Ministers which had received fresh honor from the remarkable steadiness and great abilities displayed in the negociations, but that their conduct with respect to the separate article could not be justified. He did not consider it as any violation of the instruction of June 15th, 1781. The Ct. de Vergennes having happily released them from the obligation of it; But he considered it with the signing of the preliminaries secretly as a violation of the spirit of the Treaty of Alliance as well as of the unanimous professions to the Court of France, unanimous instructions to our Ministers, & unanimous declarations to the world, that nothing should be discussed towards peace but in confidence and in concert with our ally. He made great allowance for the ministers, saw how they were affected, and the reasons of it, but could not subscribe to the opinion that Congs. ought to pass over the separate article in the manner that had been urged. Congs. ought he said to disapprove of it in the softest terms that could be devised & at all events not to take part in its concealment.
Mr. Bland treated the separate article with levity and ridicule; as in no respect concerning France, but Spain with whom we had nothing to do.
Mr. Carroll thought that unless some thing expressive of our disapprobation of the article & of its concealment was done, that it would be an indelible stain on our character.
Mr. Clarke contended that it was still improper to take any step, either for communicating officially, or for taking off the injunction of secresy, that the article concerned Spain, and not France, but that if it sd. be communicated to the latter she would hold herself bound to communicate it to the former that hence an embarrassment might ensue; that it was probably this consideration which led the Ministers to the concealment, and he thought they had acted right. He described the awkwardness attending a communication of it under present circumstances; remarking finally that nothing had been done contrary to the Treaty, and that we were in possession of sufficient(3) materials to justify the suspicions wch. had been manifested.
Mr. Rutlidge was strenuous for postponing the subject, said that Congs. had no occasion to meddle with it, that the Ministers had done
Mr. Mercer combated the dangerous tendency of the Doctrine maintained by Mr. R. with regard to instructions, and observed that the Delegates of Virga. havg been unanimously instructed not to conclude or discuss any Treaty of peace but in confidence & in concert with his M. C. M. he conceived himself as much bound as he was of himself inclined to disapprove every other mode of proceeding, and that he should call for the yeas & nays on the question for his justification to his constituents. 4
Mr. Bland tartly said that he of course, was instructed as well as his colleague & sd. himself require the yeas & nays to justify an opposite conduct; that the instructions from his constituents went no farther than to prohibit any Treaty without the concurrence of our ally;(5) which prohibition had not been violated in the case before Congress.
Mr. Lee was for postponing & burying in oblivion the whole transaction; he sd that delicacy to France required this; since if any thing should be done implying censure on our Ministers, it must & ought to be done in such a way, as to fall ultimately on France whose unfaithful conduct had produced & justified that of our Ministers. In all national intercourse he said a reciprocity was to be understood; and as France had not communicated her views & proceedings to the American Plenipotentiaries, the latter were not bound to communicate theirs. All instructions he conceived to be conditional in favor of the public good; and he cited the case mentioned by Sr. Wm. Temple in which the Dutch ministers concluded of themselves an act wch. required the previous sanction of all the members of the Republic.(6)
Mr. Hamilton said that whilst he despised the man who wd. enslave himself to the policy even of our Friends, he could not but lament the overweening readiness which appeared in many, to suspect every thing on that side & to throw themselves into the bosom of our enemies. He urged the necessity of vindicating our public honor by renouncing that concealment to which it was the wish of so many to make us parties.
Mr. Wilson in answer to Mr. Lee observed that the ease mentioned by Sr. Wm. T. was utterly inapplicable to the case in question; adding that the conduct of France had not on the principle of reciprocity justified our Ministers in signing the provisional preliminaries without her knowledge, no such step having been taken on her part. But whilst he found it to be his duty thus to note the faults of these gentlemen,
Congress adjourned without any question.(7)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:382.
1 For Henry Laurens' letter, which had arrived nearly two weeks earlier, see Madison's Notes, March 12-15, note 1.
2 Washington's March 21 letter together with a copy of a joint letter of March 19 from Sir Guy Carleton and Admiral Robert Digby were read in Congress this day. See PCC, item 152, 11:179-85; and Washington, Writings (Fitzpatrick), 26:249.
3 At this point in the manuscript Madison inserted an asterisk to which he keyed the following note: "alluding probably to the intercepted letter from Mr. de Marbois."
4 For the instructions to the Virginia delegates approved by the House of Delegates in May and December 1782, see Madison, Papers (Hutchinson), 4:271-72, 5:408.
5 At this point Madison keyed the following observation: "this construction of the instructions was palpably wrong."
6 For an explanation of this "case," see ibid., 6:386n.17.
7 For a further summary of proceedings in Congress this day, see Madison's Notes, March 31, 1783.
By a Cutter despatched by the Ct. d'Estaing & the Marquis de la fayette from Cadiz on Feby 14 & which arrived here last evening we have it confirmed that the preliminary articles for a general peace were signed in Jany. The day of the signature as well as of the cessation of hostilities are omitted in the abstract rcd. by the Secretary of F. A.(2) The changes produced in the possessions of the belligerent parties as nearly as I can recollect them are that as to the Fisheries France cedes to G. B. the Coast from Cape Bonavista &c in N. foundland, & with some small exceptions makes restitution in W. Indies. In the W. Indies she receives back St. Lucia. In the E. Indies her losses are also restored. Spain retains Minorca & W. Florida which is to extend to 32í N. L. from Mississippi to head of St. Mary's. G. B. cedes to her E. Florida & receives back the Bahamas. The Dutch possessions in general are restored. There are a few conditions annexed which I do no[t] call to mind. Nothing is said as to the Navigation of the Mississippi. I beg the favr. of you to [send?] this as soon as you shall have perused it to my father, & am Dr Sir
Yr friend & Servt. J. Madison Jr.
P.S. The Preliminiaries appr. to have signed on the 20th of Jany.
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:389.
1 James Maury (1746-1840), a merchant of Fredericksburg, Va., was Madison's business agent and later served from 1790 to 1830 as U.S. consul at Liverpool. Ibid., 1:114n.8.
2 Madison undoubtedly wrote this letter in the morning before attending Congress because he had learned of the probable "day of the signature" by the time he appended his postscript and was able to state it with certainty when he wrote to Edmund Randolph, for which see the following entry.
The express by whom I send this conveys to the Governor the welcome event of a general peace.(1) The preliminary articles were signed on the 20th of Jany. The day to which hostilities are limited is omitted in the abstract of the preliminaries transmitted to Congs. This intelligence altho' not from our Ministers is authenticated beyond all possibility of doubt. For the outlines of the Articles I refer to the letter to the Govr. & for the articles themselves as rcd. by Congs. to my letter by tomorrows post.(2)
I am &c. J. Madison Jr.
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:390.
1 See the Virginia delegates' letter to Benjamin Harrison, this date.
2 See Madison to Randolph, March 25, 1783 .
At length mine eyes have seen my salvation. The negociations in Europe, have at length happily terminated in a general pacification.
The Triumph a french frigate dispatched by the Marquiss of Fayette, & the Comte de'Estaign, with a proclamation of the cessation of Hostilities, arriv'd here last night. The Ch' du'Quine who commands her brings with him the heads of the Preliminary Articles of the general Peace, which were signed at Paris the 20th of January.
To add to the most happy event the late confusion of the Army has terminated in a manner which reflects additional honor on that band of Patriots.
By these Articles an alteration in our Southern boundary as affixed in the partial preliminaries between G.B. & A. has taken place & we are restricted to the 32 Degree.
France gains a small Island or two, Spain the Floridas & Minorca, & the Dutch loose Negapatam.
Adieu. Thank God, John F. Mercer
RC (PPAmP: Weedon Papers). Addressed: "The Honble Brigadier General Weedon or William Fitzhugh Esqr., Fredericksburg."
By a Cutter arrived here Last night in 35 day from Cadiz we have the important accts that on the 20th Janry last the articles of peace was Signed by all the Contending Powers. Our articls stand nearly as before agreed on. France Keeps Tobago and Senegall. France returns Granada, St Vincent, Dominque, St Kitts, St Eustahia. Demarau, Essequibl, Barbirie are to be restored to Hollan. England restores to France Gorrie, St Lucie, St Peerie, Miguelon. The fishers on the Banks of newfoundland to Continue as in the treaty of 1763 Except from the Coast of the Cape St Johns which is to be ceded to Great Britian. Franc is to be restablished in India as well at Bengall on the Eastren and westren Coasts of Presque Isle as regulated by the treaty of 1763.
The articls of proceeding treaties concerning the Demolition of Dunkirk to be suppressed.
Spain to retain Minorca and West Floradia and England to cede East Floradia to Spain the arrangment to be made between Spain and great Britian about the Cutting of Wood at Compeachey in the Bay of Honderas. Great Britain to retain the Duch Setlement of Negagatemm in the East india. Great Britian to restore Trangumal to the Duch if not retaken. St Eustahia, Dimeira and Issquliba to be restored by the franch to the Duch.
Great Britian accknowladges the Independency of the united States of Amirca, the limits of the united States as agreed on in the Provisional articles Except that they Shall not Extend farthur down the River Mississapia then 32 Degrees of north Latitude from thence a line to be Drawn to the head of the river of St Marys and Down the midle of that River to the m[outh].
Now my Dear frind the Sun riases bright in this our Western world. Happey Shall we be if by a wise and prudent Conduct we improve this happey Event.
I am, Dear Sir your assurd Frind and Humbl Servant,
John Montgomery
RC (PHi: James Hamilton Papers). Addressed: "Col. Robert Magaw at Carlisle."
We have the happiness to inform your Excellency that yesterday arrived the Triumph a Cutter from Cadiz, with letters from the Marquis La Fayette announc[ing] the certainty of the preliminaries of a general peace signed between all the belligerent powers the 20th. of January. There are letters from the Count D'Estaing to the French Minister to the same effect, and an instruction from him to the Captain of the Cutter to advertise all British and French vessels of the event, with an order to the latter to cease hostilities.
The preliminaries for America we have already had the honor of transmitting. We mean the provisional articles.
The French are reinstated in the East Indies as in 63 -- mutual cessions of all conquests during the war are made, except of Tobago & Senegal which remain to France. France has in substance the same share in the Fisheries as before the war.
Spain has acquired Minorca and the two Floridas.
The Dutch lose Negapatam(1) to the English.
[...] on this happy occasion [...] hopes. It only remains to provide for internal tranquillity -- and by drawing the links [of] the Union closer to prevent those states from becoming [the] foot ball of European politics.
We have the honor to be With perfect respect Your Excellency's Most Obedient servants, Wm Floyd
A Hamilton
RC (N: Legislative Papers). Written by Hamilton and signed by Hamilton and William Floyd.
1 A town in Madras, India.
Your Excellency will doubtless lay before the general Assembly a Letter from their Delegates of 22d October 1782 with some papers to which it refers, also a Communication that was made us on the 10th of January by the minister of France, by order of the King his master, a Copy of which we forwarded some time ago.(1)
We expected that before this time we should have been able to have furnished you with the particulars of a plan of funding the Public debts or at least a Considerable part of them, but this business meets with such delays from incidental occurrences and the great diversity
of Opinions that prevails among the States, we fear it will not arrive during the first Session of the General Assembly; in the mean while we count it our duty to furnish the State with some account of the chief objects that have lately drawn the attention of Congress, for if we are not mistaken concerning their importance they must on some occasion demand its most serious Deliberations.
On the 6th of January a Committee from the army presented a Memorial to Congress, explaining many substantial grievances. 2 A Copy is enclosed. We have promised but have not yet been able to pay them one months pay. After much time employed in discussing the subject of commutation for half pay, two days ago the question was fully agreed to by nine States. Promises even those which are spacious, are found by experience to be very light food. Our Army and all other public creditors wish for something more substantial, for whatever has been fabled concerning the Camelion, it is generally believed that no animal can live on the air. Money or good Securities are desire'd. We have neither. But securities may be given, that is to say, the debts may be funded. By good & permanent funds the credit of the United States would be restored. Perhaps there are no possible funds that would be pleasing to all.
We have been attempting with much pains to fix on some mode by which the quota of the several States might be determined according to the 8th Article of the Confederation, i.e. according to the value of located Lands & their improvements. The Rule is good and plain but the question is extremely difficult; How shall the value be fixed? Let the appropriated Lands and their improvements be valued by the Inhabitants of the respective States and we have great reason to believe, from proofs before us, that the valuation would be unequal and unjust; for instance, The average value of lands as they are now rated for the purpose of taxation in the State of Virginia is one third higher than the value of Lands as they are rated in Pennsylvania though it is certain that Lands in Pennsylvania are at an average worth one third more than the Lands in Virginia. If such valuation should be made in fixing the continental Quota, Pennsylvania when compared with Virginia would not pay quite half the sum she ought to pay. We have many other Arguments which either prove the different frauds or the diversity of opinions respecting the value of Lands which prevail in different States. It is presumed that the valuation would be more uniform and just if it was made by a Set of Commissioners who should view all the lands and buildings in the United States. But there is reason to believe that such process, like estates entailed, would be perpetual and, it would be an even chance which would come first The fixing the quotas or the day of Judgment. The eastern States, who consider the valuation Scheme as impracticable, talk much of fixing the quota's according to the number of Inhabitants, making
considerable allowance for slaves. Some of them propose to exclude all Slaves under 16 Years, which would be rating two slaves for one free men. We presume that the Southern States would meet them upon this ground or even upon ground somwhat lower for the sake of preventing Jealousies, a Contention and delay but we fear that if an attempt should be made to alter or amend the mode of fixing the quota, those very men would again talk of a Slave being equal to a white man. The Plan which is now recommended to the States, the only one on which we could agree having regard to the Spirit of the confederation may probably lead us to value the Lands according to the number of Inhabitants, that is, to suppose that a thousand acres of Land which maintains ten families is worth Ten Times as much as a thousand acres which maintains only one family. As the valuation is to be made by a grand Committee consisting of a member from each State we presume that the several States will take care to be represented at that time. Congress has been attempting to modify the impost of 5 per Cent so as to make it acceptable to the States who have complained. In the mean while attempts have been made to lay a general Tax on Lands, houses &ca as you will see by the Journal No . We presume that no such Tax will be recommended to the States because we think that the States should be left to tax Lands & other permanent property in such manner and at such rates as they think best.
On the 24th of January Mr. Morris who is financier, from a view of the bad State of our finances informed Congress that he proposed to resign. Congress however did not take any public notice of that communication, because they expected in a few weeks to be able to adopt a system of Finance which might revive public credit. Some weeks passed and nothing material could be done when a second Letter was received from the Financier, both of which he published without the previous knowledge of Congress.(3) A Copy is inclosed. The Letters certainly refer to a want of disposition in the States to provide funds, evidenced in the recent case of Rhode Island & Virginia, but they are Incautiously worded & might involve a suspicion that Congress or the States at large did not mean honestly. If public credit had been alive the publishing those Letters would have proved a sickening dose, but there are times when nothing can hurt. It has been hinted from different quarters that there is danger of our borrowing too much money.
The whole sum that has been borrowed from the beginning of the war in France, Spain, or Holland does not amount to eight millions of Dollars, and by accounts received by the last packet we have great reason to believe that we shall not be able to borrow a single farthing more. Whether we shall submit to beg is another question.
The Public Creditors, that is to say, the loan officers Certificates in the State of Pennsylvania have been extremely importunate for Payment. Their clamor orriginated last summer in the Stoppage of Interest,
On the 23d of January Congress ratified a Treaty of Amity and Commerce that had been agreed to by our Minister at the Hague with their high mightinesses the States General of the United Netherlands.(4)
A Copy is inclosed. When our last accounts came away the States had in Contemplation the sending a minister to this Court.
On the 30th of November our Ministers for negotiating Peace with England concluded and signed Preliminary articles, a Copy of which is enclosed. They are more favorable than we had reason to expect, but we have some reason to fear that they are not so favorable as some of the States had expected, but we are convinced from the Journal of our Ministers who have given us a detail of different events, during the negotiation, that it was not practicable to have obtained better Terms. The payment of British debts was long and obstinately refused, but the Merchants in general in England seemed to Interest themselves on this subject; they wish that all mercantile Contracts should be considered sacred; and the British Merchants are such a body as their Ministry are not willing to oppose. It appeared that without this article the Treaty could not go on. Our ministers could easily calculate that the amount was much less than the expence of another Campaighn, to say nothing of the additional loss we might Suffer. During the last Summer Congress had reiterated their Instructions to the Ministers for negotiating Peace, to contend to the last extremity for the Western Territory, for the newfoundland Fishery and its ap-pendages for the retention of Tory property and British Debts; however the Power or right of making Peace implies the means and when a Concession became absolutely necessary, it was made in course. The British Minister contended Long for the return of all Tories or refugees, a full act of Oblivion and restitution of their Property; he alledged that the Kings honor made this article necessary. Our Ministers had a natural reply. The Kings passions, cherished by the falsehoods
Yesterday morning the Triumph a French Corvet arrived here in a short passage from Cadiz. By this vessel we have assurances that the preliminaries for a General Peace were signed by all the belligerent powers on the 20th January. On this fortunte & happy event we sincerely congratulate our fellow Citizens of North Carolina, that secures a perfect Peace on the most liberal Terms with the full injoyment of Liberty. May they continue to enjoy and deserve the blessing; It is the greatest that Heaven in its Bounty has ever bestowed on so large a Nation.
We presume that Sir Guy Carlton has not yet received the Preliminaries of the General Peace, for he sent us Yesterday, and not sooner, the Copy he had received from England of the Preliminaries signed on the 30th of November.(5) Inclosed are the outlines of the General Terms of Pacification by which you will observe that we got a degree less on the Bank of the Mississipi than had been first marked off. The Marquis de la Fayette had prevailed on the Count d'Estaing to send the vessel mentioned, from the mere hope that she might chance to bring the first news of Peace. But you will observe by her pasport, a Copy of which is enclosed, that hostilities are to cease at whatever places she may touch immediately on her giving the notice. As we presume that we shall gain as much as the Enemy by this measure, we did not loose a minute in giving Sir Guy Carlton and Admiral Digby the proper Information; by this we hope that some Vessels and, what we value more, some lives may be saved.
Attempts have lately been made to excite Sedition in our main army; anonimous, enflammatory papers were circulated by Persons unknown. The Commander in chief hearing of this measure called a meeting of the officers some days ago. The whole proceedings on this occasion will be laid before you in time, from which you will certainly infer that our Army consists of the best Citizens as well as the bravest soldiers that ever drew a Sword.
Before we disband our army and make some other necessary arrangements for Peace some very interesting matters must be submitted to the States; for this reason we presume that another meeting of the General Assembly of North Carolina will be necessary at an early Day.
We have the honor to be &ca, Hu Williamson
Benjamin Hawkins (6)
Tr (Nc-Ar: Governors' Letterbooks).
1 See North Carolina Delegates to Martin, October 22, 1782 , and Hugh Williamson to Martin, January 25, 1783.
2 See James Madison's Notes of Debates, January 6, 1783 .
3 See Morris, Papers (Ferguson), 7:361-71, 462-74.
4 See Madison's Notes of Debates, January 23, 1783 .
5 Ibid., this date, note 2 .
6 William Blount's name was transcribed instead of Hawkins' in N. C. State Records, 16:759, a mistake repeated in Burnett, Letters, 7:97n. Blount is last mentioned in the journals on January 6, but he apparently left Philadelphia in late January or early February, for which see JCC, 24:37; and Abner Nash to James Iredell, January 8, 1783, note 2.
We have the pleasure of congratulating your Excellency on the result of the Negociations in Europe, which have at length happily terminated in a general Pacification.
The Triumph a french Sloop of War, commanded by the Chevalier du QuÉne, arriv'd here the last Evening, dispatchd from Cadiz the 14th of Feby by the Marquiss of Fayette & the Comte D'Estaign, on a supposition, which the event has justified, that she might reach America, before any Packett which shoud sail either from Brest or L'Orient.
The orders of the Comte D'Estaign to the Ch. du QuÉne contain a proclamation of the cessation of Hostilities, & the communications from the Marquiss of Fayette, convey the heads of the Preliminary Articles of the General Peace, which were signed the 20th January at Paris. These leave the decisive terms respecting the United States as affixed by the partial Agreement between America & G. Britain (our southern boundary being restricted to the 32 degree). The other belligerent Powers are in general reinstated in those Possessions which they held previous to the War (with Exception) that G. Britain cedes to France, Tobago, St. Vincents & Senegal, who on her part recedes from her right to fish on great Part of the Coast, which she held by the treaty of 63. She cedes to Spain, The Floridas & Minorca, & retains Negapatam in the East Indies. If any thing can add to this happy event, it is that the late confusion in the Army, thro' the prudence of the Commander in chief, has terminated in a manner which reflects additional honor on that band of Patriots.
With the highest Respect, We have the honor to be, Yr Excellencys. Most Obt. & very humble Servants
Jos. Jones A. Lee
Theok. Bland Jr.
John F. Mercer
J. Madison Jr.
[P.S.] Congress have just now directed the Agent of Marine to recall all armed naval Commissions & the Minister of Foreign Affairs to make the necessary communications to Sr. Guy Carleton & Admiral Digby, which will produce an immediate cessation of Hostilities.(1) We shall draw on you for £24 the price agreed on for the Express.
John F. Mercer
RC (Vi: Continental Congress Papers). Written by Mercer and signed by Mercer, Bland, Jones, Lee, and Madison. Madison, Papers (Hutchinson), 6:387.
1 See Gunning Bedford to George Read, this date, note .
The General Preliminaries for Peace are Certainly Signed -- they bear Date the 20th of Jany. 1783. The terms for America exceed the most sanguine Expectations of the most sanguine. I hope on this occasion America will hold in Eternal remembrance the Good offices and benefits she has receivd from our great and good Ally -- by conferring on her a beneficial preference to all nations. She surely merits every thing we can do, which is consistent with the Dignity & interests of our own Country. You will see a copy of the Preliminary Articles in the papers a number of which will no doubt find there way to you as soon as this letter.
I wrote to you(1) & transmitted the notes as you desired for Mrs. Mercer & have not ever heard whether you received them at which I am somewhat uneasy. I must beg the favor of you to inform me whether they have come to hand or not.(2) If any persons shd. be appointed by our line to Survey & locate the Land of the officers -- I hereby empower you to Authorise them to take up, locate & Survey mine on the Same terms which are allowd for the same Services by you and the rest of the officers. E. Randolph the Attorney Genl has my Warrant which he will deliver for that Purpose to whom you may appoint in my behalf. You see I have not even apologized for giving you this trouble. Adieu God Bless you, may we live in Peace & Plenty all the rest of our lives -- is the Sincere & hearty wish of yr. affecte. Friend & Svt.
Theok. Bland
P.S. The Commutation of five years whole pay in Lieu of half Pay is allowd by Congress to the officers of the Army, which bids fair to give Universal Satisfaction. T.B.
RC (PPAmP: Weedon Papers).
1 Not found.
2 For Weedon's April 1 reply, see Bland, Papers (Campbell), 2:97-98.
E'er this I hope the Joyful Tidings of a general Peace has reached you. I wrote by Major Pierce as soon as possible after the arrival of this glorious Event. I am so weary of writing, that I am almost sick of a Pen & Ink, shall therefore only say that we are all well & very happy. I am much surprized at Pangburn sending the Cows to you, as he took them for the Year, and was bound to keep them at his own risque -- hope you will set down the day they came, as I will charge him with them. If Pangburn chooses to retake them I would choose it -- but if not, let them go to others, on the Terms Mr Southard has His viz -- 25 lb Butter per Year & to return them safe. Mr Southard must have the large Cow, but the brindle one is certainly the best. Let no Hay go to any body, that you think will be wanted for our own Creatures. As to John Breene if you give him an Inch, he will take an Ell, therefore you had best leave that matter to be settled by me. It would ease my mind greatly if you could sell all the Horses at any reasonable rate, as I know not what to do with them. I would wait for the money.
My Head is perfectly wild. Love to Mrs P. & Johnny. Am Yours Affecly,
E B
[P.S.] I send you 10 Lima Beans pray send me a few stringless Beans.
RC (PHi: Boudinot Papers).
Many Events have lately occurrd which have occasiond me to trouble your Excelly. with my Correspondence of a Private nature. I now take the Liberty of Writing to you by desire of a Committe of which I have the Honor to be one, to whom your Very Interesting dispatches to Congress of the 15th of this month were committed.(2) You will without doubt have been informd Sr. & have received with Pleasure the Intelligence of the Vote for the Commutation having passd Congress the Same day on which Yr. Excellency's dispatches containing the truely sensible and Patriotic Resolutions of the Officers of the Army convened by Yr. Excellency's Authority were received.(3) On that happy event I most Cordially Congratulate you Sr. and my Quondam Brother officers. I think it must give the most sensible Pleasure to every Friend of this Country -- that an event so interesting shd. take place at the very moment that a Certainty of Peace was announced --
And that the Civil and Military at that Critical Juncture shd. so harmonize on the Capital object of their Wishes. This event will I trust Eradicate from the minds of every Generous & thinking Man in the United States in whatever station he may be every Vestige of Suspicion which those of an opposite Complexion might have endeavord to Implant. If my Conceptions of the Sense of Congress are right -- I think I can assure Your Excellency -- that all those Suspicions which may have been entertaind -- of want of Gratitude to the Army or a desire to do them complete and ample Justice, are totally groundless. Your Excellency I hope knows too well my Candor to Imagine I wd attempt to deceive. If I have built my opinions (on this head) on an erroneous Idea of Congress, the Moment Such error is discoverd by me I shall think myself unpardonable not to disclose it. You Will perceive Sr. by the Enclosed Rough Copies No. 1 & 2 (4) which the Committe have had Under their Consideration what is their Sense and what they have reason to think is the sense of Congress. We have thought it necessary to make to you Sr. a Confidential communication of our Sentiments in hopes that you will favor us with your opinion thereon at large.
Our doubt arises solely from this Consideration -- viz that the Enormous Expence of keeping the whole Army in the field untill their "Accounts are Liquidated -- the Ballances accurately ascertaind, and Funds Established for the Payment," would be productive of the most Ruinous Consequences to the United States -- might occasion Clamors among the Citizens -- Embarrass the measures which Congress mean to take and so effect their Finances as to render it impossible to comply with what the Army most desire viz a punctual discharge of the debt due to them, on settlement. Your Excellency will I think require no Argument to shew the force of these observations. I will say nothing of the effects which ever have and ever will arise from keeping a large Army in the Field in a state of Inactivity, without any other object to employ their minds on, than their past sufferings and present distresses a relief of which must be inevitably removed to a further distance by the very means they appear to point out to procure it. Altho the resolutions of the Army on the Address to them by Yr. Excellency are perfectly explicit and breathe the most entire confidence in the Justice of Congress and the Sincere Intentions of that Body towards them. Yet lest some latent Spark of Suspicion undiscoverd by the Convention shd. unexpectedly discover itself, and laying hold of an ambiguous Expression, or even the Silence of Congress on some material point -- does not Yr. Excellency conceive an Explicit and full declaration of Congress not only of their Intentions to do Ample Justice but of the mode by which it is to be done as far as depends on them, will be proper? Shd. you Sr. think proper to offer any amendment to either
Theok. Bland
P.S. You will excuse Sr., the hasty manner in which this has been written -- as a fear of loosing the opportunity by the Post has deprived me of the power of revising it.
ENCLOSURES
No. 1
That they be further informed that Congress will Take the most Speedy and effectual measures to Settle the accounts of the whole Army as well for the half Pay, or commutation if accepted as for the arrearages due to them in the most ample and Satisfactory manner -- and will devise the best and most efficacious means of Providing funds for the discharge of the Interest and Principal found due to them on such Settlement -- and assure the Army that Congress will not direct any Line or corps to be disbanded untill they be respectively Marchd to a Rendevous within their respective States, and their accounts shall be finally settled & adjusted.
No. 2
That he be further informed it is the Intention of Congress to effect the Settlement of the accounts of the Respective lines previous to their reduction and that Congress are doing and will continue to do every thing in their Power towards procuring Satisfactory securities for what Shall be found due on such Settlement.
RC (DLC: Washington Papers). Endorsed by Washington: "From The Hon Theodk. Bland, Supposed 25th March 83."
1 This date is taken from the endorsement. Washington apparently received this letter at the same time he received the two letters of this date from Bland's fellow committeeman, Alexander Hamilton.
2 For the appointment of this committee,
3 Seesee James Madison's Notes of Debates, March 22, 1783, note 1.Elias Boudinot to Washington, March 23, 1783.
4 See the enclosures below.
5 In his April 4 reply, Washington advised Bland and the Committee that it was "an indispensable Measure, that previous to the Disbandg the Army, all their Accounts, should be compleatly liquidated and settled; and that every person shall be ascertained of the Ballance due to him....with the Army in its collected Body, without any dispersion of the different Lines to their respective States." It was also "universally expected" and "absolutely indispensable," he continued, "that three Months pay at least, must be given them before they are disbanded," but that "if the whole cannot be obtained before they are dispersed, the Receipt of One Month in Hand, with an absolute Assurance of havg the other two Months in a short Time, will be satisfactory; should Mr Morris not be able to assure them the two last Months from the Treasury, it is suggested that it may be obtained in the States, by Drafts from [him] upon their several Continental Receivers." See Washington, Writings (Fitzpatrick), 26:286-87. See also Bland to Washington , and Committee of Congress to Robert Morris, April 16, 1783.
On the 23d the Vessel arrived with the Intelligence that the Preliminary Articles for a General Peace was Signed at Paris the 20th Jan'y. On the Verbal accounts which we Recd from on board the Vessel before she could get up to the town with her Dispatches, Mr. Cartor was Sending an Express to Wadsworth, which I got knowledge of two Minutes before he went of, in which time I wrote your Excellency a line on the Subject. Yesterday in our Joynt Letter we were Something more particular. In this I have the honour to Inclose to, your Excellency a Copy of the Marquise's Letter to our Secretary of foreign Affairs, and the Articles Sent by him, with the passport or Instructions given by Count D'Estaing to the Captain which brought the Intelligence.
The Marquis being at Cadiz nearly Ready to sail with the Count D'Estaing for the West Indies, on the Signing of the Articles at Paris, Express was sent to Cadiz to stop them, his Attention to and anxiety for this Country induced him to solicit the Count for a Vessel to bring us the Intelligence, which was readily Granted.
In order to Save the lives and Vessels of the people we have thought proper to Direct the Secretary of Foreign Affairs to Send to Genl. Carlton, a Copy of Count d'Estaing's Instructions, with the Other Intelligence which we have Recd. and to propose to him that all Hostilities Should Cease and the Cruisers on both sides Should be Called in. Mr. Lewis Morris is sent to New York on the Business.(1_
Altho it is important to us that we Should be in possession of our Capital, I fear that many weeks will elapse before the Event can take
Great numbers in this town are forming plans to go into New York on Speculation. I hope such steps will be taken on the part of our State as will Effectually Defeat them.
With the greatest Respect I am your Excellencys most obedt. and humble Servt. Wm. Floyd
1 Lewis Morris, Jr., was first under secretary to the secretary for foreign affairs Robert R. Livingston. See PCC, item 12, fol. 53.
The inclosed(1) I write more in a public than in a private capacity. Here I write as a citizen zealous for the true happiness of this country -- as a soldier who feels what is due to an army which has suffered everything and done much for the safety of America.
I sincerly wish ingratitude was not so natural to the human heart as it is. I sincerely wish there were no seeds of it in those who direct the councils of the United States. But while I urge the army to moderation, and advise Your Excellency to take the direction of their discontents, and endeavour to confine them within the bounds of duty, I cannot as an hon[est] man conceal from you, that I am afraid their distrusts ha[ve] too much foundation. Republican jealousy has in it a principle of hostility to an army whatever be their merits, whatever be their claims to the gratitude of the community. It acknowleges their services with unwillingness and rewards them with reluctance. I see this temper, though smothered with great care, involuntarily breaking out upon too many occasions. I often feel a mortification, which it would be impolitic to express, that sets my passions at variance with my reason. Too many I perceive, if they could do it with safety or colour, would [be] glad to elude the just pretensions of the army. I hope [that] this is not the prevailing disposition.
But supposing the Country ungrate[ful] what can the army do? It must submit to its hard f[ate]. To seek redress by its arms would end in its ruin. The ar[my] would moulder by its own weight and for want of the means of keeping together -- the soldiery would abandon their
Your Excellency will perceive I have written with sensations of chagrine and will make allowance for colouring; but the general picture is too true.
God send us all more wisdom. I am with very sincere respect, yr Excellys Obed servt, A Hamilton
RC (DLC: Washington Papers).
1 See the following entry.
I wrote to Your Excellency a day or two ago by express. Since that a Committee appointed on the communications from you have had a meeting, and find themselves embarrassed. They have requested me to communicate our embarrassments to you in confidence and to ask your private opinion. The army by their resolutions express an expectation that Congress will not disband them previous to a settlement of accounts and the establishment of funds. Congress may resolve upon the first; but the general opinion is that they cannot constitutionally declare the second. They have no right by the Confederation to demand funds, they can only recommend; and to determine that the army shall be continued in service 'till the states grant them, would be to determine that the whole present army, shall be a standing army during peace unless the states comply with the requisitions for funds. This it is supposed would excite the alarms and jealousies of the states and increase rather than lessen the opposition to the funding scheme. It is also observed that the longer the army is kept together, the more the payment of past dues is procrastinated, the abilities of the states being exhausted for their immediate support and a new debt every day incurred. It is further suggested that there is danger in keeping the army together, in a state of inactivity, and that a separation of the several lines would facilitate the settlement of accounts, diminish present expence and avoid the danger of union; it is added that the officers
A proposition will be transmitted to you by Colonel Bland in the form of a resolution to be adopted by Congress -- framed upon the principles of the foregoing reasoning.(1)
Another proposition is contained in the following resolution --
"That the Commander in Chief be informed it is the intention of Congress to effect the settlement of the accounts of the respective lines previous to their reduction; and that Congress are doing, and will continue to do, everything in their power towards procuring satisfactory securities for what shall be found due on such settlement."(2)
The scope of this Your Excellency will perceive without comment.
I am to request you will favour me with your sentiments on both the propositions, and in general with your ideas of what had best be done with reference to the expectation expressed by the officers; taking into view the situation of Congress.(3)
On one side the army expect they will not be disbanded 'till accounts are settled & funds established -- on the other hand, they have no constitutional power of doing any thing more than to recommend funds, and are persuaded that these will meet with mountains of prejudice in some of the states.
A considerable progress has been made in a plan for funding the public debts and it is to be hoped it will ere long go forth to the states, with every argument that can give it success.
I have the honor to be, With sincere respect, Yr Excellys. Most Obedt servt, A Hamilton
RC (DLC: Washington Papers). Endorsed by Washington: "From The Hon. Alexr. Hami[lton], 25th. Mar. 1783."
1 See Committee of Congress to Washington, this date.
2 This "proposition" was also forwarded to Washington with the preceding committee letter.
3 Washington's April 4 reply to Hamilton is in Washington, Papers (Fitzpatrick), 26:291-93.
The Enclosed Paper will inform Your Excelly. of the joyfull News of the preliminaries of a general Peace being signed the 20th January.
Our American Nobleman the Marquis L'Fayette dispatched a Cutter with the happy tidings, and the Official Accounts may be expected every Day.
Image missing
The Marquis informed Congress that Count D'Estaing with 49 Ships of the Line & twenty thousand troops were ready to Sail for the Attack of Jamaica, and he was to have entered the river St Lawrence with a french Corps for the reduction of Canada.
My most cordial Congratulations attend you; on the Establishment of our Independence by a most honorable & advantageous Peace, and I am with every Sentiment of personal Esteem, Yr. Excellys. most obedt. Servt, Wm. Hemsley
P.S. I beg the favor you will inform me when You think the Assembly will be called, & whether our militia Law is expired. I have heard it was.
The Delegates cannot stay here if they have not a remittance by the next post.
RC (MdAA: Red Books).
Your favor of the 15th inst. was duly recd. yesterday.(1) Mine by yesterday's Express will have notified the consummation of our wishes by a settlement of the preliminaries of a general peace on the 20th. of Jany. The inclosed Gazette will add all the circumstances under which the happy event is brought to us -- happy it may be indeed called whether we consider the immediate blessings which it confers, or the cruel distresses and embarrassments from w[hich it] saves us.(2) The pecuniary aid of France for the year 1783, had been unalterably limited to 6 Million of livres. The greatest part of this sum had been anticipated and how our army could have been kept together for three months is utterly beyond my solution. As it is, God only knows how the plans in agitation for satisfying their just expectations will terminate; or what will be the issue in case they should be abortive. The effects of the anonymous addresses mentioned in my last (3) on the irritable state of their minds, have been effectually obviat[ed by the] seasonable & judicious steps taken by the Commander in Ch[ief. Th]e manner however in which he found it necessary, and indeed felt it to be his duty, to espouse their interests enforces in the highest degree the establishment of adequate and certain revenues. The provision reported by a Committee on this subject and of which I sketched you the import, is still before Congress.(4) The past deliberations upon it do not with certainty prognosticate its fate. I fear it calls for more liberality & greater mutual confidence than will be found in the American Councils.
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:391-92.
1 Ibid., pp. 346-47.
2 That is, news of the general peace obviated the dilemma over the separate or secret article of the preliminary treaty with Great Britain.
3 Actually, his letter of March 18 rather than the 24th.
4 See Madison's Notes, March 22, note 1.
It is with very great Pleasure we transmit you the principal Articles of the preliminaries of a general peace signed the 20th of January last.(1)
The Cutter was dispatched by the Marquis L'Fayette, and the official Accounts may be expected every day.
The Enclosed Letter came to the president of Congress,(2) and as it was supposed to be on business of a public Nature, many Gentlemen expressed a desire to know the Contents, which we hope will be a sufficient Apology for the freedom the Delegates took in opening it.
Please to accept our sincerest Congratulations on seeing our Independence established by an honorable Peace. We have the honor to be your Excellys and Honors most obedt. & most humble servts,
Tho. S. Lee
Danl. Carroll
Wm. Hemsley
RC (MdAA: Red Books). Written by Hemsley and signed by Hemsley, Carroll, and Lee.
1 See Calendar of Maryland State Papers: The Red Books, 3 vols. (Annapolis: Hall of Records Commission, 1950-55), 1:1216, 1217; and Red Books, 4:121, 121a, MdAA.
2 Not identified.
We embrace the first oppertunity of congratulating your Excellency & the Honorable Council upon the agreeable intelligence of Peace, the particulars respecting this happy & glorious event, as they are published in the printed hand-bill,(1) which we do ourselves the honor to inclose, came to hand yesterday, the Marquis de la Fiate having forwarded the intelligence from Cadiz, to Congress; the time since the Preliminaries of the Peace were signed, is so great, we expect it will
We have the honor to be, with the highest respect, for your Excellency & the honorable Council, your most obedient servants,
FC (MHi: Holten Papers). In the hand of Samuel Holten.
1 See Gunning Bedford to George Read, March 24, note 1.
Having dispatched an Express yesterday, by whom we communicated to your Excellency, the substance of the important & happy advices, receiv'd by the Ch. du Quesne, We now enclose yr. Excellency the days papers, in which you will no doubt, find many interesting particulars, & have to add, that the Ch. du Quesne, informs us that he has a table, ascertaining the different periods, established for the cessation of Hostilities in different Quarters -- viz. in Europe & thence to the Azores within 10 Days after the signing the Preliminaries on the 20th of January, within two months in America & within four months in the East Indies.(1)
We have the honor to be, with much respect, Yr Excellency's most obedient & very humble Servts,(2) John F. Mercer
Theok. Bland Jr.
J. Madison Jr.
RC (Vi: Continental Congress Papers). Written by Mercer and signed by Mercer, Bland, and Madison. Madison, Papers (Hutchinson), 6:390-91.
1This information was in error. According to the terms of the Anglo-French and Anglo-Spanish treaties, the periods established for the cessation of hostilities at sea following their ratification (rather than their signing on January 20) were twelve days in the North Sea and English Channel, one month from the North Sea to the Canary Islands (including the Mediterranean), two months from the Canaries to the equator, and five months in the remaining parts of the world. See European Treaties Bearing on the History of the United States and Its Dependencies, ed. by Frances G. Davenport and Oscar O. Paullin, 4 vols. (Washington, D.C.: Carnegie Institution of Washington, 1917-37), 4:148-49, 151. See also James Madison to Edmund Randolph, June 10, 1783, note 6.
2 The Virginia delegates also wrote to the state's auditors on March 27 notifying them that they had "received in consequence of two bills of Exchange remitted by J. Ambler Esq. each of us one hundred pounds Virga. currency; and request the Auditors of the Commonwealth of Virginia to issue warrants to that amount and charge the same to us in part of our Salaries as Delegates to Congress." Madison, Papers (Hutchinson), 6:405.
From the Length of a public Letter which is inclosed (1) with this you will presume it is at least probable that I am pretty well tyred with writing. I had written by last Post to Petersburg (2) & desired a gentleman there to keep an Express in readiness on the Arrival of the Post which set out from this to Day, that he might carry our Dispatches as far as Coll. Long's at Halifax. Our State Being one of the few who gave their Delegates no Instructions to hire Expresses at the public Expence, we thought that sending from Petersburg was sufficient at our private Expence. However a young gentleman from Flanders has just announced to us that he will set out to morrow morning by day light for S. Carolina & having led Horses expects to reach Chas Town in 17 days. He offers to carry our Letters, we thought such a Jehu was preferable to the Post as more Expeditious.
Your Excellency recollects that by the dates of our Commissions our Seats are vacant in Congress on the 13th of May.(3) There are now 12 States represented, but Georgia is not of that number & we fear she may not be represented for some Time, by her absence the southern Interest is weakened.
I need not inform you that the Business in Congress for some Time must be extremely difficult & interesting. Arrangements are to be made for a Peace Establishmt. and such Settlemt made if possible concerning past Transactions and the great debt contracted as may give general Content & secure that Union in Peace which has been so effectual in War. I foresee the difficulty of this Business & heartily wish that if mistakes are to be committed some Person was in my Place who can more easily make them acceptable to the State. I never feard a public Enemy half so much as I fear the Risque of political Blunders. Mr Hawkins and myself will be very anxious to know what the Assembly is engaged in as soon as a House is formed and Business is fully taken up. I presume the Election for public Officers may be between the 20th & 25th of April, in that Case an Account of it may reach us before the 12th of May. The Post which leaves Petersburg on Friday morning reaches this on the next Monday week. An Express from Hilsbro on Monday morning will easily reach Petersburg on Thursday Evening in Time to meet the Post. In this Case your Letters would reach us in 14 days. As soon as Congress receive their Official Accounts of Peace with the Definitive Articles & shall have confirmed the same, they shall be forwarded to you by Express.
I have the Honor to be, Your most obedt hble Servt,
Hu Williamson
P.S. I have taken the Liberty to propose to Mr Ph. Hawkins (4) a Plan for disposing of the Western Lands so as to produce a solid Revenue to the State, or to discharge a very weighty Debt.
RC (Nc-Ar: Governors' Papers).
1 See North Carolina Delegates to Martin, March 24, 1783.
2 Not found.
3 See JCC, 22:401-2.
4 No letters from Williamson to Hawkins have been found. Both Philemon Hawkins II and III were members of the Council of State at this time. See Dict. of N. C. Biog., 3:74-75.
When I wrote you my former Letters (2) in answer to that which I recd. from you I did not know that the Secretary at War had in Octr. informed Congress that a Brigadier ought to be appointed for the Connecticut Line.(3) I mention this Circumstance as the Secretary has shewn me a Letter from you to him wherein you mention that you had receved a Treatment which you had no Reason to expect and Mention that you had been informed from a Delegate in Congress that a Plan had been adopted by which you could not at present be promoted or words to this Effect.
I have no copys of the Letters which I sent you upon this Subject, but so farr as I recollect I gave you a general Abstract of the Act of Congress respecting the Appointment of Brigadiers, and mentioned in general that this System had been adopted upon advice. I wish Sir to recal your Attention to the Tenor of my Letter, for altho you do not Suggest and I am confident that you never meant to Suggest that I had given you the least Intimation that I supposed that the Secretary at War had any unfreindly disposition towards you -- yet as you mention to the Secretary that you had recd. Information upon this Subject from a Delegate in Congress and appear to be disappointed in your Expectations from him, an Opinion might in some measure be formed from these Circumstances that the Manner of my Writing to you had induced you to have the unfavourable Opinion which you Appear to entertain. As I know your Candor, I wish that you would State in your Letter to that which the Secretary tells Me he shall Send to you, wheither this Opinion has been founded upon any Suggestions of Mine, not that I doubt what your Answer will be, but to obviate any Misapprehensions. In my letter I believe that I was explicit in saying that I was perswaded that the Candor of the Secretary at War, his Friendship for you, and His Regard for the Merit of your Services,
I am Very sorry Sir that you have not had that publick notice taken of your Services which I beleive that nothing but some particular Circumstances, totally unconnected with your own personal character, has prevented.
In Justice to the Secretary at War I must say that I always considered him as a Gentleman impartial and candid in his Administration and I believe that he has not had any Design to do you an Injury.
The Secretary at War never intimated to me that he imagined that I had wrote to you any Thing that was improper, but as such an Idea may possibly exist in his mind, if it does so, I wish that it was removed as I do not wish to have it thot that I meddle with a Department which does not belong to me.
I congratulate you upon the Establishment of our independence and the Restoration of a general Peace, and hope that We shall soon hear that the Definitive Articles are signed by the belligerent Powers. I think that the Articles so farr as they respect America will give Universal Satisfaction. I am Sir with much esteem and Regard, your most Obedt. Servant Oliver Wolcott
RC (CtHi: Wolcott Papers).
1 Heman Swift, who had served as a colonel in the Connecticut Line since 1776, had been recommended for promotion to brigadier general by General Washington on February 5, 1783. He was appointed a brigadier general by brevet in September. Washington, Writings (Fitzpatrick), 26:101; and Heitman, Historical Register, p. 390.
2 Not found.
3 See JCC, 23:648-51.
I congratilate you upon the Restoration of Peace. I think that it is established in a Manner which will be agreable to America. A small Alteration you will perceive has been made in our Southern Line upon the Mississippi in favour of Spain. They are harmless Neighbours it is therefore a Circumstance of but little Consequence. No Official Information from our Minister, has yet been recd. as to the general Peace but the Event may be depended upon as certain -- wheither the Articles as agreed upon by the belligerent Powers are definitive is not know[n] and it is but of little Consequence how this Matter is. Neither is it known when Hostilitys were to cease in the Various Parts of the world -- but I take it it was intended to be as soon as possibly it could be effected without limiting the time for doing it.
God has thus carryed us thro the War let us with Gratitude Acknowledge his Goodness. I hope it a short Time to be able to find you the definitive Articles as agreed upon.
Mr Ellsworth is not yet here. I presume he is on his way. If he shall not have set out I wish that you would present my Compliments to him and desire him in my name to come forward. His Service here is much wanted. To me it will be peculiarly agreable.
Sir yours, O Wolcott
RC (CtHi: Oliver Wolcott, Jr., Papers).
I wrote you a Short Letter Yesterday by a private Conveyance,(1) to Congratulate you on the Joyfull News of Peace. The accounts which we have, were sent from Cadiz by the Marquis La Fayettee & Count De Estaing. Have nothing material more than is published in the Papers but are Hourly Expecting the Arrival of dispatches from Our Commissrs. in Europe. The accounts which are published, (& the manner in which they came) leave no doubt of the matter.
I Informed you in my Letter of Yesterday that I Expected to be in New Hampshire by the 15th or at farthest by the 20th of April. If any Apology for my leaving the State Unrepresented should be necessary, the Indisposition of my Hon'd Father, will I think plead Sufficiently with every Tender mind. I Informed you in my last that we had not received any information respecting the Appointment of Delegates. I Shall wait the Arrival of (Next Monday's) Mail & shall, probably, set out within a Day or Two after.(2) I hope the Definitive Treaty will Arrive before that time.
Permit me to Conclude this Letter with my warmest Congratulations to you, & my Friends with you, on this Joyfull Event, I am Sure it will be as Joyfull to many in New Hampshire as in any part of the Union.
I have the Honor to be, with great Respect, Your most Huml. Servt.
John Taylor Gilman
P.S. I have to ask pardon for the Haste & Inaccuracy of Expression of this Letter, but it is not Intended for the public Eye.
RC (InU-Li: Lafayette Manuscripts).
1 Not found.
2 Gilman obtained leave of absence from Congress on March 31. JCC, 24:220.
Communication was made thro' the Secy of F. A. by the Minister of France, as to the late negociation, from letters recd. by him from Ct. de Vergennes dated in Decr. last, & brought by the Washington packet.(2) This communication shewed though delicately that France was displeased with our Ministers for signing prely. arts. separately; that she had laboured by recommending mutual concessions to compromise disputes between Spain & the U. S., and that she was apprehensive that G. B. would hereafter, as they already had, endeavor to sow discords between them. It signified that the "intimacy between our Ministers &. those of G. B." furnished a handle for this purpose.
Besides the public communication to Congress other parts of Letters from the Ct. de Vergennes were privately communicated to the Presidt. of Congs. & to sundry members, expressing more particularly the dissatisfaction of the Ct. of F. at the conduct of our Ministers; and urging the necessity of establishing permanent revenues for paying our debts & supporting a national character. The substance of these private communications as taken on the 23 instant by the President is as follows:
Finance.(3) "That the Ct.deVergennes was alarmed at the ex- travagant demands of Docr. F. in behalf of the U. S.; that he was surprized at the same time that the inhabitants paid so little attention to doing something for themselves: If they could not be brought to give adequate funds for their defence during a dangerous war, it was not likely that so desireable an end could be accomplished when their fears were allayed by a general peace, that this reasoning affected the credit of the U. S. and no one could be found who would risque their money under such circumstances; that the King would be glad to know what funds were provided for the security and payment of the 10 Million borrowed by him in Holland; that the Count de Vergennes hardly dared to report in favor of the U. S. to the King & Council, as money was so scarce that it would be with the greatest difficulty that even a small part of the requisition could be complied with. The causes of this scarcity were -- a five year's war which had increased the expences of Government to an enormous amount -- the exportation of large sums of specie to A. for the support & pay of both French & English armies -- the loans to America -- the stoppage of Bullion in S. America which prevented its flowing in the usual chan-nels."(4) A letter of later date added
"That he had received the Chevrs. letter of Ocr. and rejoiced to find that Congress had provided funds for their debts, which gave him great encouragemt. and had prevailed on the Comptroller General to join him in a report to his Majesty & Council for 6 Million of livres for
the U. S. to support the war, but assures the Chevalier de la Luzerne, that he must never again consent to a further application."
Negociations He complains of being treated withgreatindelicacy by the American Commissrs. they having signed the
Treaty without any confidential communication -- that had France treated America with the same indelicacy she might have signed herTreaty first as every thing between France & England was settled, but the King chose to keep faith with his allies, and therefore always refused to do any thing definitively, till all his allies were ready; that this conduct had delayed the definitive Treaty, England having considered herself as greatly strengthened by America; that Docr. Franklin waited on Ct. de Vergennes & acknowledged the indelicacy of their behavior & had prevailed on him to bury it in oblivion: that the English were endeavoring all in their power to sow seeds of discords between our Commissrs. & the Court of Spain, representing our claims to the Westward as extravagant and inadmissible -- that it became Congress to be attentive to this business, & to prevent the ill effects that it might be attended with -- that the King had informed the Court of Spain, that tho' he heartily wished that the U. S. might enjoy a cordial coalition with his Cat. Majesty, yet he should leave the whole affair entirely to the two States and not interfere otherwise than as by his counsel & advice when asked -- that altho' the U. S. had not been so well treated by Spain as might have been expected, yet that his Majesty wished that America might reap the advantage of a beneficial Treaty with Spain -- That as the peace was not yet certain, it became all the powers at war, to be ready for a vigorous campaign, and hoped Congs. would exert themselves to aid the common cause by some offensive operations against the Enemy -- but if the British should evacuate the U. S. the King earnestly hoped Congs. would take the most decided measures to prevent any intercourse with the British, and particularly in the way of merchandize or supplying them with provisions, wch. would prove of the most dangerous tendency to the campaign in the W. Indies -- that the British now had hopes of opening an extensive trade with America, tho' the war should continue, which if they should be disappointed in, might hasten the definitive Treaty, as it would raise a clamor among the people of England.
"The Chevr. added that as he had misinformed his Court with regard to Congs. having funded their debts, on which presumption, the 6 Milon. had been granted, he hoped Congs. would enable him in his next despatches to give some satisfactory account to his Court on this head."
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:393-95.
1 Immediately preceding this entry Madison wrote: "Teusday No Congress."
2 This day Robert R. Livingston sent to Congress his March 25 "Minutes" of a conversation held on March 22 with the chevalier de La Luzerne in which the French minister discussed the comte de Vergennes' dispatches to him of November 19 and 22, and De
3 Much of the information under this heading had been conveyed to the superintendent of finance by La Luzerne in his letter of March 15 which Morris had transmitted to Congress on March 17. See Madison's Notes, March 19, note 1.
4 At this point in the manuscript Madison inserted an asterisk to which he keyed the following note: "another cause mentioned was the large balance of specie in favor of the N. powers during the war."
Inclosed is a Letter from the Minister of foreign affairs, (1) which was just now put into your hands with a request that I would forward it to your Excellency.
Colo. Bedford shewed me a Letter this day, with which you honored us, relating to the rejoicings for Peace. Congress have not yet had any Official accounts of that happy event; nor will they take any measures to celebrate it 'till such accounts arrive. If I should be in this City at the time, I will not fail to transmit them to you by the first opportunity.
I take the liberty to forward a pamphlet which was put into our hands some days ago. Mr. P. Webster is supposed to be the author.(2)
I am sir, Your Excellency's obt humble servt, E. McComb.
RC (DLC: Van Dyke Papers).
1 Probably Robert R. Livingston's circular letter of March 24 to the states enclosing extracts from the preliminary general articles of peace. PCC, item 119, fol. 247.
2 Probably Pelatiah Webster's A Dissertation on the Political Union and Constitution of the Thirteen United States, of North America...(Philadelphia: T. Bradford, 1783). Evans, Am. Bibliography, no. 18,299.
The 5 paragraph in the report on Revenue havg. been judged not sufficiently explicit, and recommitted to be made more so,(2) the following paragraph was recd. in its place viz "That it be further recommended to the several States, to establish for a term limited to 25 years, and to appropriate" &c [to the word 2 Million of dollars annually], "which proportions shall be fixed and equalized from time to time according to such rule as is or may be prescribed by the articles of Confederation: and in case the revenues so established and appropriated by any State shall at any time yield a sum exceeding its proportion, the excess shall be refunded to it, and in case the same shall be
This reasoning was not denied, but it was thought that such a limitation might leave an interval in which no apportionment wd. exist, when a confusion would proceed, & that an apprehension of it would destroy public Credit.
A motion was made by Mr. Bland 2ded by Mr. Lee to go back to the first part of the report & instead of the words "levy" an impost of 5 PerCt. to substitute the word "collect" an impost &c.(4) It was urged in favor of this motion that the first word imported a Legislative idea, & the latter an executive only, and consequently the latter might be less obnoxious to the States. On the other side it was said that the States would be governed more by things than by terms; that if the meaning of both was the same, an alteration was unnecessary; that if not, as seemed to be the case, an alteration would be improper. It was particularly apprehended that if the term "collect" were to be used, the States might fix themselves the mode of collection; whereas it was indispensable that Congs. sd. have that power as well that it might be varied from time to time as circumstances or experience sd. dictate, as that a uniformity might be observed throughout the States. On the motion of Mr. Clarke the negative was voted by a large Majority there being 4 ays only.
On (8) parag. there was no argt. nor opposition.
The (9) paragraph being considered by several as inaccurate in point of phraseology; a motion was made by [Madison] to postpone it to take into consideration the following to wit "That in order to remove all objections against a retrospective application of the constitutional rule to the final apportionment on the several States, of the monies & supplies actually contributed in pursuance of requisitions of Congress, it be recommended to the States to enable the U. S. in Congs. assembd. to make such equitable abatements & alterations as the particular circumstances of the States from time to time during the war may require, and as will divide the burden of such actual contributions among them in proportion to their respective abilities at
On (10) paragraph relative to expences incurred by the States with out the sanction of Congs. Mr. Clarke exclaimed agst. the unreasonbleness of burdening the Union with all the extravagant expenditures of particular States: and moved that it might be struck out of the Report. Mr. Helmsly 2ded the motion. Mr. [Madison] said that the effects of rejecting this paragraph wd. be so extensive that a full consideration of it ought at least to preceede such a step, that the expences referred to in the paragraph were in part such as would have been previously sanctioned by Congs. if application cd. have been made; since similar ones had been so with respect to States within the vicinity of Congs. and therefore complaints of injustice would follow a refusal, that another part of the expences had been incurred in support of claims to the territory of which cessions were asked by Congs. and there[fore] these cd. not be expected, if the expences incident to them should be rejected; that it was probable if no previous assurance were given on this point, it would be made a condition by the States ceding, as the Cessions of territory would be made a condition by the States most anxious to obtain them; that by these mean[s] the whole plan would be either defeated, or the part thereof in question be ultimately forced on Congs. whilst they might with a good grace yield it in the first instance; not to mention that these unliquidated & unallowed claims would produce hereafter such contests & heats among the States as wd. probably destroy the plan even if it sd. be acceded to by the States without this paragraph.
Mr. Dyer was in favor of the paragraph.
Mr. Rutledge opposed it as letting in a flood of claims which were founded on extravagant projects of the States.
Mr. Higgenson & Mr Ghorum were earnest in favor of it, remarking that the distance of Massachusetts from Congs. had denied a previous sanction to the Militia operations agst. General Burgoyne &c. The Penobscot expedition also had great weight with them.
Mr. Williamson was in favor of it.
Mr. Wilson said he had always considered this Country with respect to the war, as forming one community; and that the States which by their remoteness from Congs. had been obliged to incur expences for their defence without previous sanction, ought to the placed on the same footing with those which had obtained this security; but he could not agree to put them on a better which wd. be the case if their expences sd. be sanctioned in the lump: he proposed therefore that these expences sd. be limited to such as had been incurred
Mr. [Madison] agreed that the expressions in the paragh. were very loose, & that it wd. be proper to make them as definite as the case wd. admit; he supposed however that all operations agst. the enemy within the limits assigned to the U. S. might be considered as defensive, & in that view the expedition agst. Penobscot might be so called. He observed that the term necessary left a discretion in the Judge as well as the term reasonable: and that it wd. be best perhaps for Congress to determine & declare that they wd. constitute a tribunal of impartial persons to decide on oath as to the propriety of claims of States not authorized heretofore by Congs. He sd. this wd. be a better security to the States & wd. be more satisfactory than the decisions of Congs., the members of wch. did not act on oath, & brought with them the spirit of advocates for their respective states rather than of impartial judges between them. He moved that the clause with Mr. Wilsons proposition be recommitted; which was agreed to without opposition.
(11 & 12 paraghs.) Mr. Bland opposed it: said that the value of land was the best rule, and that at any rate no change sd. be attempted untill its practicability sd. be tried.
Mr. [Madison] thought the value of land, could never be justly or satisfactorily obtained; that it wd. ever be a source of contentions among the States; and that as a repetition of the valuation would be in the course of the 25 years, it wd. unless exchanged for a more simple rule mar the whole plan.
Mr. Ghorum was in favr. of the paraghs. He represented in strong terms the inequality & clamors produced by valuations of land in the State of Masts., & the probability of the evils being increased among the States themselves which were less tied together & more likely to be jealous of each other.
Mr. Williamson was in favr. of paraghs.
Mr. Wilson was strenuous in favor of it, sd. he was in Congs. when the article of Confederation directing a value of land was agreed to, that it was the effect of the impossibility of compromising the different ideas of the Eastern & Southern States as to the value of Slaves compared with the Whites.
Mr. Clarke was in favor of it. He said that he was also in Congs. at the time this article was decided, that the Southern States wd. have agreed to numbers, in preference to the value of land if 1/2 their slaves only sd. be included; but that the Eastern States would not concur in that proportion.)(5)
It was agreed on all sides that instead of fixing the proportion by ages as the report proposed it would be best to fix the proportion in absolute numbers. With this view & that the blank might be filled up -- the clause was recommitted.(6)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:399-402.
1 At a later date Madison added two lines to the beginning of this day's entry: "this day not noted in the Journal as in some other instances. Revenues taken up as reported Mar. 7."
2 See Madison's Notes, March 21, 1783 .
3 There are some variations between the wording of the amendment here and that of the manuscript copy in PCC, item 26, fol. 412. See also Madison, Papers (Hutchinson), 6:397-98.
4 Bland's motion affected the first two paragraphs of the original report, for which see Madison's Notes, March 6-7, 1783 .
5 Congress had voted along sectional lines on October 14, 1777, in substituting land values for population as a means of determining state financial quotas. See JCC, 9:801; and these Letters, 8:198 .
6 See Madison's Notes, March 28, note 1.
By Direction of the Governor of South Carolina, We transmit to your Excellency, Copies of the Letters which passed between him & Lieut. General Leslie, & of an Agreement entered into by their Commissioners, relative to the Restitution of Property to the Citizens of that State. An Extract from the Governor's Letter to Us is also inclosed.(1)
We think it unnecessary to make any Observations on this Subject, conceiving, that, when your Excellency has perused these Papers, you will not hesitate to take such Measures as shall be effectual, for restoring to the Inhabitants of South-Carolina, all their Negroes & other Property, of considerable Value, which were carried off by the British Troops & Royalists, when they left Charles-Town.(2)
We have the Honour to be sir, yr. most obedt. Servts.
Ra. Izard. J. Rutledge
John Lewis Gervais David Ramsay.(3)
RC (PRO: Carleton Papers, P.R.O. 30/55, No. 7235). Written by Rutledge and signed by Rutledge, Gervais, Izard, and Ramsay.
1 For the thirteen enclosures that accompanied this letter, see Report on American Manuscripts, 2:441, 446, 3:76, 139, 147, 161-62, 165-67, 177, 194, 346, 420.
2 On April 30, 1783, the South Carolina Privy Council appointed two commissioners to go to New York and one to St. Augustine, Fla., to meet with Carleton and Gov. Patrick Tonyn, respectively, "to recover Negroes and other property belonging to the State and its citizens." See South Carolina Privy Council, Journals of the Privy Council, 1783-1789, ed. by Adele Stanton Edwards (Columbia: University of South Carolina Press, 1971), p. 30.
3 This day the delegates also sent a letter to Washington requesting that he "forward the inclosed Letter (which we leave open for your Perusal) by a Flag, to Sir Guy Carleton, as soon as convenient." Washington Papers, DLC. See also South Carolina Delegates to Washington, May 19, 1783.
In my last I had only to inform your Excellency that the preliminary Articles for a peace had been agreed to between the Ministers of the United States and those of his Britannic Majesty; I have now the pleasure presenting my Congratulations upon the Arrival of undoubted intelligence that preliminaries had been agreed to by all the belligerent powers, and that the Definitive Treaty for a general Peace is momently expected.
I had just time per the last post to forward two papers, under cover to Governor Bowen(1)containing a summary of the principal Articles, together with the Orders of the Compte de Estaing, for a Cessation of hostilities by sea -- one of which I requested him to forward immediately to you.
The consequent resolves of Congress will be forwarded, by the Secretary for Foreign affairs.
Two days before the Arrival of this intelligence Congress passed a Resolution of which the enclosed is a Copy.(2) The late uneasiness which arose in the Army, upon the return of their Committee from Congress, (artfully excited & as is supposed by some insidious enemy) and which, in its first appearances threatened a general Mutiny -- but which by the prudence & wisdom of their illustrious General terminated happily, and much to the honor of the Officers -- I have no doubt, tended to precipitate that resolution. Every effort was made to obtain a reference of the Officers to their respective States for compensation; but in vain.
Whilst acting against that measure I was happy in possessing sentiments coinciding with the instructions of my Constituents -- and to believe those instructions were founded in the most worthy motives -- of guarding against the violation of the Constitutions of the states -- and the preservation of the Rights & priviledges which those constitutions secured, and which it was feared would be endangered by such an Establishment. The affair of a general impost which has engrossed a great part of the time since the commencement of the present year is yet incomplete. I had flattered myself that the Arrival of intelligence of Peace would put a stop to the proceedings -- as thereby, the formidable plea of necessity would be in a measure superseded; And as it could not be doubted but the States when eased of the immediate expences of prosecuting the war -- and enjoying unmolested -- the advantages to be derived from Agriculture & Commerce, would be able to draw out their resources timely and sufficient, to answer the necessary, and Constitutional requisitions of Congress, for the support of the federal government, and for the satisfaction of the Creditors of the public. But in this I was mistaken. Ideas of the necessity of forming
I shall now feel little uneasiness for its fate -- from a Confidence that the wisdom of the States is fully apprized, as to its Consequences.
No intelligence on which I can rely has been recieved of the doings of the Assembly, at their last session. The Last post, bro't me neither letters -- nor Papers. I wish for the earliest information with respect to every matter which may be designed, either for my attention or direction.
With the greatest respect, & have the honor to be, Your Excellency's Very humble servant, Jona Arnold
RC (R-Ar: Letters to Governors).
1 Not found.
2 For this resolve on commutation of half pay, see JCC, 24:207-9.
The Come. last mentd. reported that two blacks be rated as equal to one freeman.(1)
Mr. Wolcot was for rating them as 4 to 3.
Mr. Carrol as 4 to 1.
Mr. William[son] sd. he was principled agst. slavery; but that he thought slaves an incumbrance to Society instead of increasing its ability to pay taxes.
Mr. Higgenson as 4 to 3.
Mr. Rutlidge sd. for the sake of the object he wd. agree to rate Slaves, as 2 to 1, but he sincerely thought 3 to 1, would be a juster proportion.
Mr. Holten -- as 4 to 3.
Mr. Osgood sd. he cd not go beyond 4 to 3.
On a question for rating them as 3 to 2, the votes were N. H. ay, Mas. no, R.I. divd., Cont. ay, N.J. ay, Pa. ay, Delr. ay, Maryd. no, Virga. no, N.C. no, S. C. no.
The paragraph was then postponed by general consent; some wishing for further time to deliberate on it; but it appearing to be the general opinion that no compromise wd. be agreed to.
After some further discussions on the report in which the necessity of some simple & practi[c]able rule of apportionment came fully into
view. Mr. [Madison] said that in order to give a proof of the sincerity of his professions of liberality he wd. propose that Slaves should be rated as 5 to 3. Mr. Rutlidge 2ded motion. Mr. Wilson sd. he wd. sacrifice his opinion to this compromize.
Mr. Lee was agst. changing the rule, but gave it as his opinion that 2 Slaves were not equal to 1 freeman.
On the question, N.H. ay, Mas. divd., R. I. no, Cont. no, N.J. ay, Pa. ay, Maryd. ay, Va. ay, N.C. ay, S.C. ay.
For the question on the whole paragraph see the Journal.(2)
The arguments used by those who were for rating slaves high were; that the expence of feeding & cloathing them was as far below that incident to freemen, as their industry & ingenuity were below those of freemen: and that the warm climate within wch. the States having slaves lay, compared wth. the rigorous climate & inferior fertility of the others, ought to have great weight in the case & that the exports of the former were greater than of latter. On the other side it was said that Slaves were not put to labour as young as the children of laboring families -- that having no interest in their labor they did as little as possible, & omitted every exertion of thought requisite to facilitate & expedite it: that if the exports of the States having slaves exceeded those of the others, their imports were in proportion. Slaves being employed wholly in agriculture, not in manufactures: & that in fact the balance of trade formerly was much more agst. the So. States than the others.
On the main question see Journal.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:407-8.
1 For the recommitment of the 12th paragraph of the report of the committee on restoring public credit, see Madison's Notes, March 27, note 6. The amendment proposed this day by the committee is in JCC, 24:214-15. For that portion drafted by Madison which he revised during the course of debate, see PCC, item 26, fols. 433-34; and Madison, Papers (Hutchinson), 6:406.
2 Madison later deleted this line and added the following paragraph in its place: "A motion was then made by Mr. Bland 2ded by Mr. Lee to strike out the clause so amended, and on the question, 'shall it stand' it passed in the negative. N.H. ay, Mas. no, R.I. no, Con no, N.J. ay, Pa. ay, Del. no, Mar. ay, Virga. ay, S.C. no. So the clause was struck out." Cf. JCC, 24:215-16.
Mr. Remsen will attend the Court with my Extract. The principal Business that will require any great attention, is the execution of a Writ of Inquiry. What can be the design of the putting us to the Trouble of this writ, I know not, as it is on a plain promissory Note of
Hand. There was a large Acct. between the Parties in Continental money. The Settlement was left to Dr. Elmore who turned the Ballance into Hard money at a large discount, such a one as he thought right, & the Deft. being satisfied with it gave this Note accordingly. I am told he means to controvert the quantum of the discount. This I think he cannot do before the Sheriff, as the Note speaks for itself. I beg you will particularly attend to it on Thursday. I have wrote you a Letter by one John Bodine,(1) which I beg your very particular attention to. Mr. Jasper Smith gave me Notice of Tryal in this Cause, for the Term but not a legal one, as there had been no Proceedings for a Year, it ought to have been a Term Notice which it was not. However he has agreed to leave it to a referrence, which you will compleat, agreeable to the Letter Bodine has, who will call upon you.
There is no News since my last, tho' we are in hourly Expectation of an Arrival from Europe. You shall hear it as soon as possible.
I wish you to attend to the Note of Hand in the writ of Inquiry above mentioned, to see if it will be necessary to prove the Defts. Hand. I think you can do this by Mr Hunt or somebody in Trenton. Mr Houston his Atty can do it, I am pretty sure.
Your Sister is well, but poor Susan has been confined to her Room these 4 days.
I am in Haste, Yours Afftly, Elias Boudinot
[P.S.] Compliments to the Gentlemen of the Bar.
RC (NjP: Thorne Boudinot Collection).
1 Not found.
The objections urged agst. the motion of Mr. Lee on the Journal (1) were that the information demanded from the office of Finance had during a great part of the period been laid before Congress & was then actually on the Table -- that the term "application" of money was too indefinite, no two friends of the motion agreeing in the meaning of it, and that if it meant no more than immediate payments under the warrants of the Superintendt to those who were to expend the money, it was unnecessary the Superintendt being already impressed with his duty on that subject; that if it meant the ultimate payment for articles or services for the public, it imposed a task that wd. be impracticable to the Superintdt., and useless to Congress, who could no otherwise examine them than through the department of accounts, & the Committees appd. half yearly for enquiring into the whole proceed
The object of the motion of Mr. M[adison](3) was to define & comprehend every information practicable & necessary for Congs. to know, & to enable them to judge of the fidelity of their Minister: and to make it a permanent part of his duty to afford it. The clause respecting copies of receipts was found on discussion not to accord with the mode of conducting business & to be too voluminous a task; but the question was taken without a convenient opportunity of correcting it.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:410-11.
1 For Arthur Lee's motion that Superintendent of Finance Robert Morris render an immediate financial accounting to be followed by monthly reports, see JCC, 24:216. Morris had submitted his accounts for 1781 on November 18, 1782, and completed those for 1782 on January 31, 1783, although he did not receive corrected proof sheets from printer Eleazer Oswald until April 3. See Morris, Papers (Ferguson), 7:62-63, 386, 669.
2 A committee "to enquire fully into the proceedings of the Department of Finance" had been appointed on January 6, 1783, and was renewed on March 31. Its June 10 report was read and entered on the journals on June 17. See JCC, 23:334, 24:37, 222, 387, 396-99; PCC, item 186, fols. 78, 91; and Madison's Notes, June 17, 1783.
3 For Madison's motion this day, see JCC, 24:218; and Madison, Papers (Hutchinson), 6:409.
A letter was recd. from the Govr, of R. Island with resolutions of the Legislature of that State justifying the conduct of Mr. Howell.(1)
On the arrival of the French Cutter with the acct. of the signing of the general preliminaries, it was thought fit by Congress to hasten the effect of them by calling in the American Cruisers.(2) It was also thought by all not amiss to notify simply the Intelligence to the British Commanders at N.Y. In addition to this it was proposed by the Secy. of F. A. and urged by the Delegates of Pa., by Mr. Lee, Mr. Rutlidge & others, that Congress should signify their desire & expectation that hostilities sd. be suspended at sea on the part of the Enemy.(3) The arguments urged were that the effusion of blood might be immediately stopped & the trade of this Country rescued from depredation. It was observed on the other side that such a proposition derogated from the dignity of Congs.; shewed an undue precipitancy; that the intelligence
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:420-21.
1 For William Greene's March 18 letter, see Elias Boudinot to Greene, January 16, 1783, note 2.
2 In this paragraph, to the sentence ending "expressing to the sd. Commanders the expectations of Congs. &c.," Madison continued to summarize proceedings in Congress that occurred on March 24. See Madison's Notes, March 24, 1783.
3 For Congress' directive to the agent of marine, see Gunning Bedford to George Read, March 24, 1783, note.
4 Acting on "verbal" rather than written orders, Robert R. Livingston had suggested in letters of March 24 to Sir Guy Carleton and Admiral Robert Digby that they emulate Congress' order of that day by recalling all armed vessels thus preventing "the further effusion of blood at sea." PCC, item 79, 3:103-5; and Wharton, Diplomatic Correspondence, 6:336-37.
5 Carleton's and Digby's letters of March 26 and 27, respectively, refusing to withdraw British cruisers without express orders from London were addressed to Livingston who submitted them to Congress this day under a covering letter dated March 30. He further proposed that Congress revoke its March 24 resolution recalling American cruisers and recommend to state executives that they prevent, as far as possible, the sailing of any vessels pending receipt of official accounts of the cessation of hostilities. See PCC, item 79, 3:97-98, 101-2, 107-8, item 119, fols. 261-64, item 185, 3:59; and Wharton, Diplomatic Correspondence, 6:346.
6 The letters from Carleton and Digby appeared in the Pennsylvania Gazette and Pennsylvania Packet on April 2 and 3, respectively. This issue was resolved without "further consideration" when additional dispatches from New York arrived April 9 announcing receipt of official notification of the cessation of arms, for which see Madison's Notes, April 10, 1783 .
This day recd your favours of 3rd & 17th Instant, & thank you for information by them. I am sorry to hear that but one gentleman Accepted of the Appointment, to Come to Congress & you desire me to tarry until one can come on after the Court appoints one at their next Session, or at least until some time after Mr Foster arrives.(1) I am senseable of the Importance of keeping up a representation in Congress at all times, & especially at this time, yet I cannot see my way clear to Ingage to tarry much longer, however I will Consider of the matter more fully & write by next weeks post, although the gentlemen who have been Appointed (except one) decline coming, yet I hope one of them will be prevailed with to come on with Mr Foster.
This goes by my very Worthy Colleigue 2 whom I shall part with, with regret, but as Circumstances are I cannot try to persuade him to tarry longer, as he will be able to give all the information you could expect from me, I shall not attempt to give any news at this time.
I received by this days post a Letter from the Honble, Col. Bartlet dated the 10 Inst, shall not have time to write to him by Mr Gilman, 3 please to give my Compliments to him, I am Sir yours & the States, Humble Servt, P White
RC (MiDbEI).
1 Abiel Foster, who had been elected a New Hampshire delegate on February 19, did not attend Congress until July 29, 1783. JCC, 24:456-57.
2 That is, John Taylor Gilman.
3 But see White's reply to Josiah Bartlett of April 8.
You will readily believe me when I assure you, that I do most sincerely reciprocate your kind congratulations on so glorious & beneficial Event, as a general Peace. God almighty grant that hereafter Peace may reign on Earth & good will to Men, and may they by this Means be led to give glory to God in the highest. The Contemplation
of this Epocha, almost overcomes me at times. It opens a new Scene to Mankind, and I believe is big with inconcievable Effects in the political & I hope in the moral world. I rejoice that the Conclusion of the Negotiations will be particularly serviceable to you, and as far as it lays in my Power consistent with my Duty to my Country, nothing shall be wanting to advance your Interests, on every Occasion. Congress are so oppressed by the ill timed parsimony of the States, that they are turning all their Attention to lessen the Comon Expences; and among other means, are reducing their Ministers in Europe. Messr. Franklin, Adams & Laurens & Dana have resigned & are returning home, as soon as the Treaty is perfected.
Several Efforts have been made to appoint Charge des Affairs at some of the Courts & residents & consuls at others, but Congress are determined not to make advances at present to any other European Court, as they think they have already gone too far in this Business already. But if any such Appointments should be proposed for Lisbon, I shall be mindful of my Friend.(1)
I am totally ignorant of what you refer to in the latter part of your Letter, having never heard any thing from that Quarter, that can lead me to the least Clue, to find your Meaning -- am therefore perfectly clear of the least improper Impression from any misrepresentation whatever from any thing you may refer to.
Mrs. Boudinot & Miss Susan (who is just getting up from a slight illness) join in the kindest & most affectionate remembrance.
Am My dear Sir, Your sincere Friend & very Hble Servt,
Elias Boudinot
[P.S.] It gave me pain that I was from home when Mr Borden called with your Letter -- and when I sent to enquire for him he had left Town. My Compliments to him.
RC (DLC: Boudinot Papers).
1 Searle's thoughts were actually on a consular appointment to Madeira, where he had lived 16 years as a young man in the employ of his brother's firm, John Searle & Co. For Searle's financial difficulties at this time, after his return from a mission to Europe on behalf of Pennsylvania, see Mildred E. Lombard, "James Searle: Radical Business Man of the Revolution," PMHB 59 (July 1935): 292-93.
I understand that Mr. Jones sits out for Boston this morning, therefore, I embrace this first opportunity to acquaint your Excellency, that a resolution passed in Congress yesterday, in your favor, for 3248 dollars,(1)
which I hope will be agreeable, the Financier is directed to take order respecting the same, & no doubt you soon will be officially notified.
Congress have not yet received the definitive treaty respecting Peace, but are expecting it every hour.
I have the honor to be, with the highest sentiments of respect, your Excellency's most obedient servant;
FC (DLC: Holten Papers). In the hand of Samuel Holten.
1 Congress had directed the superintendent of finance to pay Hancock $3,248 "for household and other expences for two years and five months, being the time he acted as President of Congress." JCC, 21:219-20. See also Samuel Osgood to John Lowell, November 20, 1782, note 1; and Holten to Hancock, February 12, 1783.
Mr. Ghorum called for the order of the day to wit the Report on Revenue &c.(1) and observed as a cogent reason for hastening that business that the Eastern States at the invitation of the Legislature of Massts. were with N.Y. about to form a convention for regulating matters of common concern,(2) & that if any plan sd. be sent out by Congs. during their session, they would probably cooperate with Congs. in giving effect to it.
Mr. Mercer expressed great disquietude at this information, considered it as a dangerous precedent, & that it behoved the Gentleman to explain fully the objects of the Convention, as it would be necessary for the S. States to be otherwise very circumspect in agreeing to any plans on a supposition that the general confederacy was to continue.
Mr. Osgood said that the sole object was to guard agst. an interference of taxes among States, whose local situation required such precautions: and that if nothing was defi[ni]tively concluded without the previous communication to & sanction of Congs. the confederation could not be said to be in any manner departed from; but that in fact nothing was intended that could be drawn within the purview of the fderal articles.
Mr. Bland said he had always considered those Conventions as improper & contravening the spirit of the fderal Governmt.(3) He said they had the appearance of young Congresses.
Mr. Ghorum explains as Mr. Osgood.
Mr. [Madison] & Mr. Hamilton disapproved of these partial conventions, not as absolute violations of the Confederacy, but as ultimately leading to them & in the mean time exciting pernicious jealousies; the latter observing that he wished instead of them to see a general Convention take place & that he sd. soon in pursuance of instructions
Mr. White informed Congs. that N. Hamshire had declined to accede to the plan of the Convention on foot.(4)
Mr. Higginson said that no Gentleman need be alarmed at any rate for it was pretty certain that the Convention would not take place. He wished with Mr. Hamilton to see a General Convention for the purpose of revising and amending the federal Government.
These observations having put an end to the subject, Congs. resumed the Report on Revenue &c. Mr. Hamilton who had been absent when the last question was taken for substituting numbers in place of the value of land, moved to reconsider that vote. He was 2ded by Mr. Osgood. See the Journal.(5) Those who voted differently from their former votes were influenced by the conviction of the necessity of the change & despair on both sides of a more favorable rate of the Slaves. The rate of 3/5 was agreed to without opposition. On a preliminary question The apportionmt. of the sum & revision of the same refd. to Grand Come.(6) The Report as to the Resignation of Foreign Ministers was taken up(7) & on the case of Mr. Jefferson.(8) See Journal. The Eastern delegates were averse to doing any thing as to Mr. Adams, untill further advices sd. be recd. Mr. Laurens was indulged not without some opposition. The acceptance of his resignation was particularly enforced by Mr. Izard.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:424-25.
1 See Madison's Notes, March 21 , and March 28, note 1.
2 A call had been issued by Massachusetts to the New England states and New York to send commissioners to a convention at Hartford on April 30 to consider "such General & uniform system of Taxation by import & excise as may be thought advantageous to the Said States," for which see Clinton, Papers (Hastings), 8:65.
3 Perhaps in the sense that it would violate the section of Article VI of the confederation specifying that "No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the united states in congress assembled," although such regional conventions had actually been held in 1777, 1778, 1779, and 1780 before the confederation had been ratified.
4 See N. H. State Papers, 8:971-72.
5 See JCC, 24:222-24; and Madison's Notes, March 28, 1783 . For the failure of this vote by the margin of 6 to 5 because of Hamilton's absence on March 28, see JCC, 24:215-16.
6 For the "proportions" reported by this committee, see Madison's Notes, April 2-5? 1783 ; and JCC, 24:230-31.
7 For the report of this committee, which was appointed on March 15 to consider letters of John Adams of December 4 and Henry Laurens of December 15, 1782, begging "leave to resign," see JCC, 24:225-26; PCC, item 25, 2:187-88, item 84, 4:301-2, item 89, fols. 241-44; and Wharton, Diplomatic Correspondence, 6:106, 138-40. It is endorsed: "Report...On the letters from Ministers in Europe, Mr Adams, Mr H Laurens, Mr Jefferson & Mr Dana respecting their retiring from Office. Delivered April 1, 1783." "Passed except the first Paragraph [on Adams] -- April 1st 1783."
8 For Congress' decision to "dispense" with Jefferson's services in response to his March 13 request for a decision "on the expediency of continuing or of countermanding my mission to Europe," see JCC, 24:226; and Jefferson, Papers (Boyd), 6:257-60.
Your favor of the 22 Ulto. verifies my fears that some disappointment would defeat your plan of going into the Legislature.(1) I regret it the more as every day teaches me more & more the necessity of such measures as I know you would have patronized; and as are are losing ground so fast in the temper of the States as to require every possible support. Unless some speedy & adequate provision be made beyond that of the Confederation, the most dismal alternative stares me in the face. And yesterday's post brought us information that the bill repealing the impost had passed the lower house of Massts. and one of like import had made equal progress in the Legislature of S. Carolina. These defections are alarming, but if a few enlightened & disinterested members would step forward in each Legislature as advocates for the necessary plans, I see with so much force the considerations that might be urged, that my hopes would still prevail. If advantage should be taken of popular prepossessions on one side without such counter-efforts, there is, to be sure, room for nothing but despair.
The extract from 's letter recited in yours astonishes me more than it could do you, because I must be more sensible of its contrast to truth.(2) High as my opinion of the object of it was, the judgment, acuteness & patriotism displayed in the last despatches from him,(3) have really enhanced it. So far are they in particular from studiously leaving us in the dark, that some of them are of as late date as any, if not later than those from several & perhaps as voluminous as all the rest put together.
The zeal of Congs. to hasten the effect of the general preliminaries, led them (precipitately as I conceive) to authorize the Secy. of F. A. to notify to Sr. G. Carlton & Adml Digby, the intelligence rcd. by the French Cutter on that subject, with their recall of American Cruisers, in order that correspondent measures might be taken at N. Y. The answers from these Commanders were addressed to Robt. R. Livingston Esqr &c &c &c. and imported that they could not suspend hostilities at sea without proper authority from their Sovereign; (4) but as Congress placed full reliance on the authenticity of the intelligence they supposed no objection cd. lie on their part agst. releasing all prisoners &c. A letter from Digby to the French Minister is I am told remarkably surly & indecent even for a British Admiral. We have recd. no official report of the signing of the General Preliminaries, nor any
Mrs. Randolph's & your good wishes were recd. by Mrs. House & Mrs Trist with marks of unfiegned affection. The latter will however speak for herself.
Docr. Lee sets off to day or tomorrow for Virga. but talks of returning hither before the meeting of the Legislature, which however he means to attend. His immediate object I suppose is to attend the County election.(5)
RC (DLC: Madison Papers). In Madison's hand, though not signed. Madison, Papers (Hutchinson), 6:429-30.
1 See ibid., pp. 380-81.
2 For Arthur Lee's March 11 letter to Randolph, see Lee to James Warren, March 12, 1783, note 6.
3 That is, Benjamin Franklin.
4 For this exchange, see Madison's Notes of Debates, March 31, 1783.
5 Arthur Lee apparently left Philadelphia this day to participate in Virginia assembly elections, returning on April 23. He departed again on May 12 to serve as an assembly delegate, resuming his seat in Congress on July 16. See JCC, 24:276, 435; Bland, Papers (Campbell), 2:108-9; Lee to Abigail Adams, April 23; and Madison to Randolph, May 13, 1783, note 1 . The Lee faction in the Virginia House of Delegates was weakened during the May session, however, when opponents revived a law in effect from 1777 to 1779 making congressional delegates ineligible to sit in either house of the assembly, thus denying Arthur Lee's re-election. See Madison, Papers (Hutchinson), 7:47n.8, 78n.4.
Since We had the honor to write your Excellency last Week, no further intelligence has been received on the subject of peace. Last Monday Congress directed the Agent of Marine to recall the American cruizers & the Secretary of foreign affairs sent a Copy of the resolution to Genl. Carelton & Adml. Digby together with the Communications from the Count D'Estaing & the Marquis la Fayette at the same time requesting the measure of calling in their Cruisers to be adopted. The General & Admiral both Answer'd that they had no Official or other information of the signature of the Preliminary treaty, than what Mr. Livingston gave & that until orders were received they should not think themselves justifiable in Acceeding to the proposition. Admiral Digby recommended the detention of all Vessels in the
American Ports until a confirmation is receiv'd. We Submit to yr. Excellency & the Honble Council the propriety of giving immediate Notice to the Trade of Maryland of the danger the Vessels may be exposed to which may be sent out under an idea of the Cruizers & Armed Vessels on both sides being recalled.(1)
We have no immediate prospect of receiving supplies of money from the State through the usual Channel & our circumstances will not admit of further delay, We therefore hope your Excy. & your Honorable board will approve of our procuring a sum sufficient for present exigencies on the most reasonable terms money can be procured here the Sum will not exceed £350 & the bill will be drawn payable the first of May.
We have the honor to be, with respectful Consideration, Your Excellency's Mo. Hble Servt. Tho. S. Lee
Danl. Carroll
Wm. Hemsley
RC (MdAA: Red Books). Written by Lee and signed by Lee, Carroll, and Hemsley.
1 As the British commanders at New York reversed themselves on this point the following week (upon receiving official notice of the peace agreement from London) and Congress declared a "Cessation of Arms" on April 11, this danger quickly passed and Paca instead issued a state proclamation on the 22d publicizing the congressional declaration and enjoining Maryland's citizens to observe the preliminary articles agreed upon. See Md. Archives, 48:398-400.
The letter, which I wrote you by express,(1) conveying to you the import of the advices received by the Ch. du Queene has no doubt relieved you from your anxiety respecting Peace and from your perplexed political lucubrations.
I hinted to you, I recollect, some time since, that it might not be impossible, that the machinations of the British Court to separate us from the French connexion would be counteracted on the part of France, by permitting or rather recommending to America the closing with a separate peace.(2) For upon reflection, you would determine within yourself that America would not be of essential advantage in a marine war; and, as the event has proved, much to the honor of France, her whole object has been the effectuating the independence of these States; for by the peace which has taken place you find she relinquishes every advantage for herself.
On the receipt of the dispatches by the Trump't, Mr. Livingston, the Secretary of Foreign Affairs, transmitted to Sir Guy Carleton and Admiral
They write Mr. Livingston in return, that they do not think themselves authorized to take any steps which might facilitate the suspension of hostilities. So that, as yet we remain in statu quo, waiting impatiently the arrival of official information from our ministers.
In New York they cannot yet relinquish that insolence which they have on all occasions manifested, and the security which the articles give the Tories, I understand, will induce them all to remain, without inspiring them with those dispositions which can alone induce their countrymen to forget their transgressions.
This is a partnership affair.
I am yours with real affection, John F. Mercer.
MS not found; reprinted from Balch, Papers Relating to the Maryland Line, pp. 206-7.
1 See Mercer to Weedon, March 24, 1783 .
2 See Mercer to William Fitzhugh and Weedon, March 18, 1783 .
Your Excelly. will have received by our Express the important Intelligence brought by the Triomphe.(1)
That Intelligence (together with Authenticated Copies of Count D'Estaings dispatches relating to Peace which were received by the Minister of France) was sent into New York immediately by An officer in the department of foreign Affairs -- and proposals, founded on the presumption of their Authenticity -- were made to Sr. Guy Carleton and Admiral Digby by Congress -- that a Suspension of Hostilities should immediately take place both by Sea and Land -- that a Stop might be put to the further effusion of Human Blood. However Humane the motives might be which dictated these proposals -- we find -- the Application has not Succeeded. The British Commanders have Informd Congress that no Authority has reached them from their Court -- they could not therefore think themselves Justified in taking such a step -- thus Untill that shall arrive, every thing remains with the British in Statu quo -- altho the Hands of the French Naval Force in America are tied. Your Excelly will no doubt Judge it proper that this Intelligence may be conveyed as speedily as possible to our Sea Ports, to prevent the Risque which Vessels Sailing in this Critical Juncture might run.(2)
We sincerely wish that your Excelly wd. be pleased to urge to the Assembly at their next meeting -- the making a provision for Establishing a Credit for the Delegates in this Place or where Congress may sit -- so that they may be Enabled to draw their Salaries as they become due -- that they may no longer be Subject to that uncertainty which they have hitherto Experienced -- which lays them under every disadvantage in their expenditure -- Exposes them to be obliged to borrow frequently on the most Humiliating terms to supply their real necessities, and consigns them to the Hands of Extortionate Usury.(3)
We received no Public letter by the last Post.(4)
We are with the most perfect respect, Yr. Excellys most obedt. svts
Theok. Bland Jr.
J. Madison Jr
A. Lee Jos. Jones.
RC (Vi: Continental Congress Papers). Written by Bland and signed by Bland, Jones, Lee, and Madison. Madison, Papers (Hutchinson), 6:428-29.
1 See Virginia Delegates to Harrison, March 24, 1783 .
2 There is no evidence that Harrison carried out this suggestion, although the Virginia Gazette of April 12 carried a notice that Carleton and Digby would not follow Congress' lead without authorization from London -- information that came "from good authority."
3 For Harrison's April 12 response to this appeal, see Madison, Papers (Hutchinson), 6:455.
4 For speculation that Harrison's March 20 letter was lost in transmission, see ibid., p. 372n.4.
I recievd your two last favors togeather by last post. Am oblidged to you for your ready Complyance with my order in favr of Mr Brown. I feel my self very Unhappy at the Misfortunes which attend your Cause.(1) I could not have thought the Assembly at Rhodisland could have hesitated a moment to suspend the Execution in the present situation of the Cause. Genll Varnum who appeard here last Novr the time the Cause was Assigned for Trial, when we were dissappointed by the failure of Mr Paca one of the Judges Attending, I then Urged for an Adjournment to be made to sometime, in the Winter or beginning of March by which time I supposed a New Judge would be appointed in the room of Mr Paca who was about to resign, & he might Attend but Genll Varnum who appeard as attorney for Stanton &c opposed it objecting that they could not Travail at that time in the extremity of Winter urging it to be delayd to the beginning of April & finally to Gratefye him & the appellants it was put off to April and it seems they now take the advantage to press on the Execution. But sir I have met with New troubles here. Mr Lowel of Boston who was appointed last
Novr writes that he cannot attend till some time in May, but then as Mr G Read Another of the Judges who live but about 40 miles from this place appointed att the same time (and I suppose both expect to Recieve their sallary from that time or of their Acceptance) Informes that he has business as a Lawyer before Courts in the State to which he belongs & that he cannot attend at the time Appointed, on which it was moved in Congress & strenuously urged that they would direct the Court to be postponed till some time in May so as to suit the Conveniency of those 2 Judges, which I opposed with all my might insisting that if those Judges would not attend at the time appointed others ought to be put in, in their room. I at length Prevaild so far as to prevent Congress' interfering in the matter. Judge Griffin who has allway been ready to attend & has been so much perplexd with the continued dissappointments from the other Judges & wearied out by delays moved Congress for Liberty to resign his office, here I was again oblidged to Interpose, & by shewing him the ruin which would attend your cause if he resigned I finally persuaded him to Continue with which he Complied and then wrote to Mr Read to Attend at the time as his business & affair in Virginia required him to goe there soon and Mr Read returned him an answer he could not attend in April. Judge Griffin then determined to set out for Virginia as he could be of no service by tarrying if the other Gentn would not attend, but however I have persuaded him to tarry till after the time of the Court, & that I would my self send to Mr Read and let him know fully the State of the Cause the total loss you must sustain in Consequence of his failure. This I have done tho very lately and have not as yet recievd an Answer, my letter was So pressing and that it would take him but a day to come but one to tarry & trye the Cause the 3d he might return back again to his own business, with the circumstances contained in your letter that I am in hopes & have great expectation he will come at the time but if my answer is that he cannot come, as my last resort & which I shall not fail to Attempt will be to indeavor to get a New Judge Appointed Near by who can & will Attend, I can do no more, hope I [can] still succeed, it is nothing but my incessant applic[ation], pushing, that has joind & continued even the pr[esent] prospects. Mr Ingersol, have no doubt will do every thing in the Cause he is Able when the cause comes on to Tryall but all the Lawyers in the State would not have given themselves one tenth part of the trouble & in the way I have been Oblidged to do to save all the causes in the State. Mr Lewis, Capt Lyons attorney who brot forward the attachment on (2) money has not yet informd me whether he will withdraw the suit, without which the money you expected from Mr Wharton cannot be had as it is held by the attachment. Mr Lewis has encouraged me, I hope I shall succeed.
Am yr Hle Servt, E Dyer
RC (CtY: Shaw Papers). Addressed: "Mr Thomas Shaw, Mercht, New London, Connecticut."
1 For this "cause," an appeal from a Rhode Island admiralty court decision involving the Two Brothers, see these Letters, 13:427-28, 15:302-3, 16:26-28, 18:653.
2 Approximately one-half line left blank.
Wednesday Apl. 3. Thursday Apl. 4. Friday Apl. 5. Saturday Apl. 6 See Journals. The Grand Come. appointed to consider the proportions for the blank in the Rept. on Revenue &c.(2) reported the following grounded on the number of Inhabitants in each State; observing that N.H., R.I., Cont. & Mard. had produced authentic documents of their numbers; & that in fixing the numbers of other States, they had been governed by such information as they could obtain. They also reduced the interest of aggregate debt. 2,500,000 Drs.(3)
| No. of Inhabts. | proportions of 1000 | proportions of 1 1/2 Miln | |
| N.H. | 82,200 | 35 | 52,500 |
| Mas. | 350,000 | 148 | 222,000 |
| R.I. | 50,400 | 21 | 31,500 |
| Cont. | 206,000 | 87 | 130,500 |
| N.Y. | 200,000 | 85 | 127,500 |
| N.J. | 130,000 | 55 | 82,500 |
| Pena. | 320,000 | 136 | 204,000 |
| Del. | 35,000 | 15 | 22,500 |
| Mard. | 220,700 | 94 | 141,000 |
| Virga. | 400,000 | 169 | 253,000 |
| N.C. | 170,000 | 72 | 108,000 |
| S.C. | 170,000 (4) | 72 | 108,000 |
| Georga | 25,000 | 11 | 16,500 |
| 2,359,300(5) | 1000 | 1,500,000 | |
| Annual Intst. of debt after deducting 1000....Drs. expected from Impost on Trade. |
A Come. consisting of Mr. Hamilton, Mr. Madison & was appointd to report the proper arrangements to be taken in consequence of peace. The object was to provide a system for foreign affairs, for Indian affairs, for military & naval peace establishments; and also to carry into execution the regulation of weights & measures & other articles of the Confederation not attended to during the war. To the same Come. was referred a resolution of the Executive Council of Pa. requesting the Delegates of that State to urge Congs. to establish a general peace with the Indians.(6)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:431-34.
1 Madison penned these notes on "the Rep[or]t on Revenue" between his notes of debates for Tuesday April 1 and Monday April 7. However, he confused the dates and days of the week at the opening of the entry -- Wednesday actually fell on April 2, not April 3.
2 For Madison's role in drafting this report, see ibid., pp. 311-16.
3 For this report, which was written by Samuel Osgood, see JCC, 24:230-31; and PCC, item 26, fols. 399-401. It is endorsed: "Report of Grand Comee. appointed on the 1st of April 1783 -- to consider & report the proportions which the several states shall for the present bear to each other in the requisitions of Congress. Passed April 7th 1783."
4 In the manuscript report, this figure was revised to read "150,000," undoubtedly during debate on April 7 when South Carolina's appeal for this reduction was approved. See Madison's Notes, April 7, note 1.
5 Revised to read "2,339,300" in the report adopted.
6 The Pennsylvania Council's April 3 letter soliciting congressional adoption of "effectual measures for making a peace with all the Indian Nations," is in PCC, item 69, 2:435-38. It was referred on April 4 to a committee consisting of Alexander Hamilton, Oliver Ellsworth, James Madison, Samuel Osgood, and James Wilson, for which see Committee of Congress to Washington, April 9, 1783 ; and JCC, 24:264-65.
I received your favor of the 20th of March. I have not time to reply to it particularly as I am busy in preparing to return to Charlestown. This is the last letter you will receive from me here. Peace is now certain, there will be a communication by water between your city & ours. It will afford me particular pleasure that our correspondence should continue in that channell. You have been punctual hitherto & I have endeavored to follow the good example. I have my fears also about disbanding the army. I wish we were able to pay them. No season would be more favorable for obtaining a loan than the moment of peace. It is whispered among some that the army will not disperse till they are paid or secured of payment.
I receive your congratulations on the evacuation of Charlestown with heart felt satisfaction. I am sure they flow from genuine principles of benevolence.
On the 18th of March I was made happy by an union for life with Miss Witherspoon of Princeton the daughter of Dr. Witherspoon the President of the College in that place.(1) We set of for Charlestown about the middle of April. You see I have set you the example which I hope you will follow. By your own confession this event was to follow peace immediately. Though no official accounts of this event have yet arrived to Congress yet no person doubts the truth of it here. I shall therefore soon expect to hear that you are in my row. Give me leave to assure you from experience that it is the happiest life.
The writer of Valerius is as much unknown here as with you.(2) The freedoms of that paper which you saw respecting the two Pennsylvania delegates are nothing compared with his attacks on President Dickinson.
I am glad to hear that you propose celebrating the anniversary of independence with an oration. Any thing curious in this way I shall expect from you & you may depend on a return in kind if my country produces any thing worthy of your notice. Farewell till I am settled in Charlestown which I hope to be in May. May our freindship & correspondence continue is the sincere wish of your freind & very humble servt, David Ramsay
RC (MHi: Andrew-Eliot Papers).
1 Ramsay, a widower since 1776, had just married John Witherspoon's daughter Frances, who died the following year. DAB.
2 Letters from "Valerius" to Pennsylvania's president John Dickinson had been appearing in the Freeman's Journal since February 12. See Arthur Lee to James Warren, March 12, 1783, note 2.
I have before me your Letter of the 24 last.
The Attention which you give to Business is much more than can be consistent with your Health or than the Publick ought to expect of you; and I advise you therefore to allow yourself more Relaxation. I believe that you will succeed in Business and am glad that you find no Discouragment on that Account.
The Account transmitted from Cadiz by Count de Estaing and the Marquis de La Fyattee Ascertain that a general Peace has taken Place in Europe, and We may dayly expect to receive a formal and Authentic Account of this important Event.
Congress have agreed to recommend to the States to Alter the Article of Confederation respecting the precuniary Quota, being Apportioned to the States -- so that all free Inhabitants including those bound in Servitude for a limited Period, and three fifths of others
As it will be a Gratification to you to have some Information respecting our National Debt, I will observe (not for Publication) -- That our foreign Debt in Case the Applications for the Service of the present year will succed will amount to Dollars 11,925,925
Loan office Debt 11,300,000
Due to the Army from 1st Aug. 1780 to
the last of Decr 1782 11,463,802
Liquidated Debt 638,042
Dollars 35,327,769
But as the pay of the Army is computed upon a supposition that the Regiments were full a Very considerable Deduction is to be made on that Account.
The Amount of the Unliquidated Debt is Very Uncertain. But if Peace Shall be established this Spring, I think it probable that the Debt exclusive of the Commutation of half Pay to the Army will not exceed forty Millions of Dollars.
By Letters from my Family I am urgently called upon to Return to take Care of my domestic Affairs. As I expected to Return in the spring I shall leave Congress in the Course of this month.
I hope that I shall be able to get some Money of the Treasurer, I have given too much of my Time to the Publick without Pay. The last year I tarried here till I was oblidged to borrow Money to Return -- I will not do it again.
My Compliments, to my Friends, yours affectionately,
Oliver Wolcott
[P.S.] Mr Ellsworth returned here the day before yesterday.(2)
Loaned in the office of Connecticut reduced to Specie Dollars 1,269,677.
RC (CtHi: Oliver Wolcott, Jr., Papers).
1 For this recommended revision of "the eighth of the Articles of Confederation," see JCC, 24:222-24.
2 He resumed his seat in Congress on April 1. JCC, 24:222.
All the Accounts we as yet recievd from Europe with respect to the Peace Establishment have been Transmitted to your Excellcy to which
I cannot add. Our Minister of Foreign Affairs transmitted the Account we receivd from Count de Estange of a General Peace being Established to Genll Carlton & Admiral Digby but tho they gave full Credit to it yet having recieved no official Accounts from the Court of G Britain they could not call in the Commissions of their Privateers or restrain their ships of War so that the French Ships on this Coast are prohibited Acting offensively & cannot even protect our Merchant-Men from their Attacks. We think it Strange that no accounts are yet recievd in New York, as five Ships were dispatched from Count Estanges Fleet to every point of Compass to give Notice of a Peace when that was sent off to America which brot us the Intelligence, And further that no proper official Accounts from our Commissioners have not as yet come to hand, we expect them every hour. We suspect if any thing has delay'd the final Closure of the affair it lies between Spain & the American States, as Spain appears to be very fond if possible to Crowd us off from the Missisippi but we have full Confidence in our Commissioners that they will not yield our Claim to that river to any Power whatever. I am preparing to write you more at large on the present Situation of our affairs in a few days,(1) at present I have sent you the Freemens Journal which will give you a Specimen of the Temper disposition & demands of the officers of our Army,(2) and Notwithstanding the Generalls prudent and discreet address, Still the Tone they hold out is of not disbanding till their full expectations are answered. I shall not at present make any Comments upon it as it is open to every ones Inspection and Observation. Congress have at length agreed to a Commutation of 5 Years whole pay to officers of our Army in Lieu of the half pay for life, which they (however unguarded) had long agoe promised them, & upon the whole as they were 8 states out of 12 present agreeing in the proposed Commutation, and Massachusetts one of the principall New England States going over on that side, Connecticut for reasons which we shall soon explain & hoping in the whole it would not be so disagreeable as the life establishment Consented to it, upon the 5 years to the deranged officers commencing at the time of their derangement. How it will be recieved I know not, but hope for the best. Congress are still persuing some mode of securing our Debts & of recommending some adequate fund for a limited time at least for the payment of Interest to the several States. Drye, forced & direct taxes for monies on the body of the people we fear will not answer, if by Dutys & Impost on Trade, it must be paid in the first Instance by those through whose hands our moneys most frequently Circulate Viz the Merchants, and afterword by those only who Choose it, & without the disagreeable force of a Collector. I am thankfull for the money recievd by Brown, I was in now hopes (3) of soon returning to my Native Country, Mr. Elsworth is just arrived but Genll Wolcott says he must in a few days set off for home,
& percieve I am again to be left in the Lurch or leave the State unrepresented. Am sure this is not the time for it, I did not propose to set off till the beginning of May but if no Gentn comes to supply my place then whatt shall I do, to tarry longer will be with reluctance, but to goe off & leave the State unrepresented I shall fear, hope some Gentn in the Delegation will soon come forward to relieve me & who can do them more service in this Critical Important Season. Am with the greatest Esteem & respect yr Excellcys most obedt Hle servt,
Elipht Dyer
RC (CtHi: Jonathan Trumbull, Jr., Papers).
1 See Dyer to Trumbull, April 12, 1783 .
2 That is, the April 2 issue of Francis Bailey's Freeman's Journal, which printed six documents dated March 7 to 15 on the "Proceedings of the Federal Army near New Windsor, to obtain Redress."
3 Dyer originally wrote "now" after "hopes," and then inserted it with a caret above the line and before the word, but apparently became confused in making the revision.
I have given, in some of my letters to Lowell and Jackson, (3) a partial view of the state of politics; those letters I suppose you have seen, as I desired them to be communicated to you and a few others. They will show you how far the opinions of our politicians in Massachusetts have been right, as to the views and conduct of the powers in alliance with us. There has been for a long time a party in Congress so thoroughly in the interest of France as to have preferred her interest to ours, whenever they came into competition. They carried through the memorable instructions to our ministers, which threw them entirely into the hands of Mons. Vergennes. Their views, however, by the inadvertence of Vergennes and the firmness of Jay and Adams, have been completely defeated. Their surprise and chagrin when the despatches were read, they could not conceal; and, finding that these instructions would no longer bind those ministers, and that if they remained in Europe commercial negotiations would next engage their attention, though not sufficiently commissioned to complete them, they have endeavored to remove such dangerous persons, by passing an unjust censure on their conduct during the negotiations for peace; -- but in this also have they failed.
I expect, when the definitive treaty arrives, and we have a full view of the whole negotiations, that Congress will, in the strongest terms, approve of their conduct, though I am sure every possible means will be used to prevent it. Should this happen, their chagrin will be complete I think, for it will necessarily open the way for a commission to negotiate a commercial treaty with Britain. France has been, and still
is, exceedingly afraid of such a connection. She wishes, if possible, to prevent it, especially since she finds that Britain has wisely determined to give us every advantage in trade. (4) But shall we neglect to avail ourselves of such an opening? It is our business to cultivate a friendly intercourse with every trading nation, and to secure to ourselves as great and extensive advantages, in the way of commerce, as possible. The extravagant ideas which Europeans have formed of the advantages that they will derive from a trade with us, we certainly ought by no means to root out, but rather to make the most we can of them all. To lose so lucky a moment, and to neglect the improving such impressions to our own benefit, would surely argue a great want of discernment, and show a great deficiency in our political character. The advices from Mr. Dana discover a knowledge of mankind and the interests of the powers in Europe, which does him honor; but the same leaven has leavened the whole lump. He is so restrained by the French Minister at Petersburg, that I am afraid he will derive no advantage to us from his mission. Being bound to consult him, he dares not make any direct and explicit overtures, though persuaded that everything in that court was ripe for negotiation. I wish he may follow the example of Jay and Adams, and show the world that no dishonorable bands can fetter Americans.
We are still hammering on a strange, though artful, plan of finance,(5) in which are combined a heterogeneous mixture of imperceptible and visible, constitutional and unconstitutional taxes. It contains the impost, quotas, and cessions of Western lands, and no part of it is to be binding unless the whole is adopted by all the States. This connection and dependence of one part on another is designed to produce the adoption of the whole. The cessions are to serve as sweeteners to those who oppose the impost; the impost is intended to make the quotas more palatable to some States; and the receiving it in whole is made necessary to secure the adoption of the whole, by working on the fears of those States who wish to reject a part of it only. It may happen that a State, strongly impressed with the necessity of public taxes, may be thereby induced to receive it in whole, though opposed to some part of it, lest, through the failure of public funds, great evils may result; but I cannot imagine that such a plan will succeed -- the artifice is not complete. The States will see, I trust, that Virginia and New York mean only to give them what is of no value, and not their property to dispose of, in order to secure to themselves a valuable territory which they now have no good claim to, and oblige the continent hereafter to guarantee and defend it for them. Madison has clearly, I think, shown that such is their intention in this scheme; this he did in an unguarded moment.
Rhode Island has approved in the fullest and strongest terms of Mr. Howell's conduct. South Carolina and Massachusetts have repealed
Congress have not yet tried the strength of the Confederation, nor have they had a good opportunity to do it. If quotas are assigned to the several States, equal to the interest of the public debt and the current expenses, and a majority of the States should make provision competent to the discharge of their quotas, will they not find means to coerce those that are delinquent? Will not two or three frigates in time of peace be sufficient for that purpose? Every State except Jersey depends much on its trade, and could not long bear the suppression of it; but should a majority of these prove delinquent, a vote for coercion could not obtain, though Congress were possessed of the means. There must be a thorough disposition in the States, or a large majority of them, to act honestly, to take their respective shares of the common burden, and to adhere strictly to the principles of the Confederation, or the Union will necessarily be dissolved.
I am sorry that Massachusetts has proposed a general impost through New England;(7) it cannot succeed, and may excite jealousies. New Hampshire and Connecticut will imagine it to be against their interest. The same reasons that induce them to push for a general one,
I saw a letter from Mr. Dalton to Mr. Gorham that diverted me; he writes that our late impost operates very kindly -- that those evils which he apprehended do not result from it, and that our people have become so fond of that mode of taxing, and are so very desirous of extending it, as to be prepared for a general impost through the Continent. This was written at or about the time of their repealing their late law, and appeared to me extraordinary. But when I considered the person writing, and him to whom it was written, my surprise ceased. It must, I think, be a mistake. How agreeable it is to see a man open to conviction!
I shall send you by Mr. Osgood, in three weeks, your dividend of the bank interest. The power will not answer the purpose of letting me into the management of the bank stock. My respects to all friends in Newbury, &c.
I am, with due esteem, your most humble servant,
S. Higginson.
P.S. I can't spend time to copy -- you must read as well as you can. Pray let me have a long letter, showing the state of politics with you.
MS not found; reprinted from Theophilus Parsons, Memoir of Theophilus Parsons, Chief Justice of the Supreme Judicial Court of Massachusetts (Boston: Tichnor and Fields, 1859), pp. 456-60.
1 Theophilus Parsons (1750-1813), a Newburyport, Mass. lawyer, had played a prominent role in framing the Massachusetts constitution of 1780. DAB.
2 Higginson obviously wrote this letter before April 18 when Congress adopted the general plan of finance that is a principal subject of it, and probably before news arrived in Philadelphia of the signing of the general peace treaty between France and Britain, which was disseminated April 9-10. His references at the conclusion of the letter to the payment of a bank dividend and to Samuel Osgood's planned departure from Philadelphia "in three weeks" are to events that would occur at the end of April.
3 Higginson's letters to his nephew John Lowell and his business partner Jonathan Jackson have not been found.
4 The delegates continued to be deluded on this point for several months, for not until mid-August did intelligence begin to arrive with a more realistic appraisal of the restrictive trade policy Britain intended to pursue with her former colonies. See, for example, Benjamin Hawkins to Alexander Martin, August 16, 1783.
5 This "artful" plan was adopted April 18. The quotas to be assigned the states under this plan, based on a system of "numbers and proportions" reported by a committee appointed April 1, were adopted on April 7. See JCC, 24:230-31; and James Madison's Notes of Debates, April 2-5, 1783.
6 For a discussion of Pennsylvania's threat to Continental management of the public debt, and the move towards "state-oriented public finance" as New Hampshire and New
Jersey subsequently joined Pennsylvania in its determination to service the Continental loan office certificate interest payments due its own citizens, see E. James Ferguson, The Power of the Purse (Chapel Hill: University of North Carolina Press, 1961), pp. 221-23. See also David Howell to Paul Allen, December 18, 1783, note 3.
7 A reference to Massachusetts' invitation to the New England states and New York to meet at Hartford April 30 to consider adoption of a "uniform system of Taxation by import [impost] and excise as may be thought advantageous to the said States," for which see Madison's Notes of Debates, April 1, 1783.
The sense of Congs. having been taken on the truth of the numbers reported by the Grand Committee, the no. allotted to S.C. was reduced to 150,000 on the representation of the Delegates of that State.(1) The delegates of N.J. contended also for a reduction, but were unsuccessful. Those of Virga also, on the principle that Congs. ought not to depart from the relative numbers given in 1775, (2) without being required by actual returns which had not been obtained either from that State, or others whose relation wd. be varied. To this reasoning were opposed the verbal & credible information recd. from different persons & particularly Mr. Mercer, which made the no. of Inhabitants in Va. after deducting 2/5 of the Slaves, exceed the number allotted to that State. Congs. were almost unanimous agst. the reduction. A motion was made by Mr. Gervais 2d by Mr. Madison to reduce the no. of Georgia to 15,000 on the probability that their real no. did not exceed it, & the cruelty of overloading a State which had been so much torn & exhausted by the war. The motion met with little support & was almost unanimously negatived.
A letter was recd. from Genl. Washington expressing the joy of the army at the signing of the general preliminaries notified to him & their satisfaction at the commutation of half pay agreed to by Congs.(2)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:435.
1 For this report and the reduction of South Carolina's quota, see Madison's Notes, April 2-5, and note 4.
2 For the acknowledgement of Washington's March 30 letter, see Elias Boudinot to Washington, April 12, note 2.
In obedience to the commands of Congress I have the honor to enclose to your Excellency copies of sundry letters relative to the very
Mr. Argote informs me that he carries with him authentic documents to support the facts referred to in the several letters inclosed.
We are in the most anxious expectation of receiving the official advices of the definitive Treaty of peace being concluded and ratified. An arrival at New-York from Lisbon confirms the News received by the Triumph, but not officially.
I have the honor to be &c. E.B.
P.S. Since writing the above I have received advices from New-York, that the Ship Vigilant has arrived there from Lisbon with a confirmation of peace. The Packet went up also on Saturday evening last, which it is said has brought the official accounts. The Preliminary Treaty was ratified and exchanged in Paris on the 3d of February, so that all hostilities between France & Spain & England ceased on the 3d instant. Permit me to congratulate your Excellency, with the most sensible pleasure, on this glorious event. E.B.
LB (DNA: PCC, item 16).
1 This case had come to the attention of Congress via of letters from the governors of Cuba and Louisiana -- complaining of the seizure in the Gulf of Mexico of the San Antonio, owned by New Orleans merchant Antonio de Argote and captained by Andrew Dumont, by the Massachusetts privateer Patty, owned by Edward Church and captained by William Haydon -- which were referred to Robert Morris as agent of marine on March 28. Morris' March 31 report, recommending that the case be referred "to the supreme Executive of the State of Massachusetts" to assist Argote in obtaining redress against Church and Haydon "as becomes the United States to give to the Subjects of Powers in Amity who shall complain of a Violation of their Rights," was adopted on April 4. And "so much of the foregoing letters as relates to the violation of the laws of nations and
rights of neutrality" was referred to a committee of three, which reported on June 10. In the meantime, the award of the San Antonio as a legal prize to Church and Haydon by the maritime court of Massachusetts was overturned by the court of appeals on May 28, but the case came before Congress again both when Church and Haydon petitioned for a new trial and when Captain Dumont, supported by Francisco Rendùn and the chevalier de La Luzerne, petitioned the court of appeals concerning the refusal of his captors to obey its decree. The committee to whom the case was again referred submitted a report on September 10, affirming the finality of decisions of the court of appeals and recommending that the governor of Massachusetts assist in the execution of the appeals decree, but no action seems to have been taken on the report. Congress had no powers of enforcement under the Articles of Confederation and the case seems to have been widely seen as an ominous instance of foreign influence and Continental authority. For the documentation relating to this case, see JCC, 24:227-28, 386-87, 25:546-48; and PCC, item 25, 2:219-20, item 78, 19:443-53, item 79, 3:119-47. Rendùn's lengthy account of his activities in behalf of Argote is located in his dispatch of May 28, 1783, to José de Gálvez, minister of the Indies. Papeles Procedentes de Cuba, legajo 1354, Archivo General de Indias, Seville (Aileen Moore Topping translation, DLC). The story of the San Antonio's seizure and Argote's appeal has been told in Henry J. Bourguignon, The First Federal Court: The Federal Appellate Prize Court of the American Revolution, 1775-1787, Memoirs of the American Philosophical Society 122 (1977): 231-35; and Morris, Papers (Ferguson), 7:648-50. See also Boudinot to Hancock, June 11 ; James Duane to John Potts, August 24 ; and Charles Thomson to Hannah Thomson, October 13, 1783.
I had the pleasure of your Favour per Post, on Monday as usual, but am sorry to find a Man of your sweet Temper & Knowledge of the uncertainty of all human Events, so ruffled at one disappointment. The Fact is, that all our Accounts were that Hostilities were to cease in two Months after the signing the Preliminaries; and the Conduct of Compte De Estaing fully confirmed this -- our Accts. were translated from the French, but I lately got sight of the original French Acct. signed by the Compte himself -- and being a tolerable Frenchman, I discoverd that in the French, Hostilities were to cease in two Months from the Ratification of the Treaty, being known, but perhaps this when translated into English means two Months from signing the preliminary Articles, as you know Frenchmen are comical fellows. There is however some hope yet, as our provisional Treaty says, that Hostilities are to cease immediately -- and as these take Effect on signing the Treaty with France, I think immediately means at that moment. However we cannot be in suspense but a few Days longer. I heartily wish that Genl. Carleton would send all the Gentry who are flocking into the City, to the Provost, as they have no business to put themselves in the Power of the Enemy.
I most heartily wish you could sell the Horses, as they will only be an inconvenience to me. I shall be pleased with your taking the little Colt to New Rochelle, as he is from my Mare & a full blooded Horse.
If Burrows takes the Horses. I wish you to make a certain bargain with him in writing. I should choose to give him so much in the Pound, including their keeping and all Expences. As to Pasture while you stay, I should think the Meadows before the Door, the orchard & the wood Pasture if kept separate would be sufficient, by not feeding more than one at a Time, and if you find it necessary you must use the Grass Ground by the Barn.
If Burrows should meet with a Chap for the big Horse at Mr. Noels, I wish him sold too. As to the Cows, if Pangburn does not send for them when ever the foddering is over, I will let them to some body else, tho' I wish him to have them. If you see him do press him to send me some Cash. He owes very considerable Sum. Mr. Stockton is at Dr. Rush's, very ill with the Cholic. Susan has got bravely & we are all thank God in Health. Polly Chandler is also here.
Am with Love to Mrs. P. My D Sir, Yours Afftly,
Elias Boudinot
[P.S.] Since writing the above, have recd. the enclosed Articles of Peace. There is an officer just arrived with the official Acct. of Peace from Sr. Guy Carleton but Letter not yet opened.(1)
RC (NHi: Miscellaneous Manuscripts).
1 For the receipt of Carleton's letter and the "British proclamation of cessation of arms," see James Madison's Notes of Debates, April 10, note 1.
It was apparently the arrival of this officer which elicited the following remark from Samuel Wharton in an April 9 letter to George Read, from which only this extract has been found. "It is said a Vessel is arrived at New York from Lisbon, which confirms the Account of the Preliminaries of a general Peace being signed the 20th of January. A little Time must bring the definitive Articles of the joyful Event." Burnett, Letters, 7:132, "from the original, then in the possession of Mr. Stan. V. Henkels of Philadelphia."
The Delegates receivd yours inclosing two orders -- that on Fox & Dorsey is accepted, & Mr. Hollingsworth has promisd to pay the other.
The inclosd paper contains the only intelligence respecting peace receivd since my last.
I am sr yr. mo Obt Sevt. Danl Carroll
RC (MdAA: Red Books).
I have received your Excellency's letters of the 31st of March & 4th of April, the last to day.(2) The one to Col Bland as member of the Committee has been read in Committee confidentially and gave great satisfaction.(3) The idea of not attempting to separate the army before the settlement of accounts corresponds with my proposition. That of endeavouring to let them have some pay had also appeared to me indispensable. The expectations of the army as represented by Your Excellency are moderation itself. To morrow we confer with the Superintendant of Finance on the subject of money. There will be difficulty, but not we hope insurmountable.(4)
I thank your Excellency for the hints you are so obliging as to give me in your private letter.(5) I do not wonder at the suspicions that have been infused, nor should I be surprised to hear that I have been pointed out as one of the persons concerned in playing the game described. But facts must speak for themselves. The Gentlemen who were here from the army; General McDougall who is still here will be able to give a true account of those who have supported the just claims of the army, and of those who have endeavoured to elude them.
There are two classes of men Sir in Congress of very Different views -- one attached to state, the other to Continental politics. The last have been strenuous advocates for funding the public debt upon solid securities; the former have given every opposition in their power <to the measure> and have only been dragged into the measures which are now near being adopted by the clamours of the army and other public creditors. The advocates for Continental funds have blended the interests of the army with other Creditors from a conviction, that no funds for partial purposes will go through those states to whose citizens the United States are largely indebted -- or if they should he carried through from impressions of the moment would have the necessary stability; for the influence of those unprovided for would always militate against a provision for others, in exclusion of them. It is in vain to tell men who have parted with a large part of their property on the public faith that the services of the army are intitled to a preference. They would reason from their interest and their feelings. These would tell them that they had as great a title as any other class of the community to public justice, and that while this was denied to them, it would be unreasonable to make them bear their part of a burthen for the benefit of others. This is the way they would reason & as their influence in some of the states was considerable they would have been able to prevent any partial provision.
But the question was not merely how to do justice to the <army> creditors, but how to restore public credit. Taxation in this Country, it was found, could not supply a sixth part of the public necessities. The loans in Europe were far short of the ballance, and the prospect every day diminishing. The Court of France telling us in plain terms she could not even do as much as she had done. Individuals in Holland & every where else refusing to part with their money on the precarious tenure of the mere faith of this country, without any pledge for the payment either of principal or interest.
In this situation what was to be done? It was essential to our cause that vigorous efforts should be made to restore public credit -- it was necessary to combine all the motives to this end, that could operate upon different descriptions of persons in the different states. The necessity and discontents of the army presented themselves as a powerful engine.
But Sir these Gentlemen would be puzzled to support their insininuations by a single fact. It was indeed proposed to appropriate the intended impost on trade to the army debt and what was extraordinary by Gentlemen who had expressed their dislike to the principle of the fund. I acknowlege I was one that opposed this; for the reasons already assigned & for these additional ones. That was the fund on which we most counted -- to obtain further loans in Europe -- it was necessary we should have a fund sufficient to pay the interest of what had been borrowed & what was to be borrowed. The truth was these people in this instance wanted to play off the army against the funding system.
As to Mr. Morris, I will give Your Excellency a true explanation of his conduct. He had been for some time pressing Congress to endeavour to obtain funds, and had found a great backwardness in the business. He found the taxes unproductive in the different states -- he found the loans in Europe making a very slow progress -- he found himself pressed on all hands for supplies; he found himself in short reduced to this alternative either of making engagements which he could not fulfill or declaring his resignation in case funds were not established by a given time. Had he followed the first course the bubble must soon have burst -- he must have sacrificed his credit & his character, and public credit already in a ruinous condition would have lost its last support. He wisely judged it better to resign; this might increase the embarrassments of the moment, but the necessity of the case it was to be hoped would produce the proper measures; and he might then resume the direction of the machine with advantage and success. He also had some hope that his resignation would prove a stimulus to Congress.
He was however ill-advised in the publication of his letters of resignation. This was an imprudent step and has given a handle to his personal
The truth is the old leaven of Deane & Lee is at this day working against Mr. Morris. He happened in that dispute to have been on the side of Deane & certain men can never forgive him. A man whom I once esteemed,(6) and whom I will rather suppose duped than wicked is the second actor in this business.
The matter with respect to the army which has occasioned most altercation in Congress and most dissatisfaction in the army has been the half pay. The opinions on this head have been two -- one party was for referring the several lines to their states to make such commutation as they should think proper -- the other for making the commutation by Congress and funding it on Continental security. I was of this last opinion and so were all those who will be represented as having made use of the army as puppets. Our principal reasons were 1st by referring the lines to their respective states, those which were opposed to the half pay would have taken advantage of the officers necessities, to make the commutation far short of an equivalent. 2dly. The inequality which would have arisen in the different states when the officers came to compare (as has happened in other cases) would have been a new source of discontent. 3dly. such a reference was a continuance of the old wretched state system, by which the ties between Congress and the army have been nearly dissolved -- by which the resources of the states have been diverted from the common treasury & wasted; a system which Your Excellency has often justly reprobated.
I have gone into these details to give You a just idea of the parties in Congress. I assure you upon my honor Sir I have given you a candid state of facts to the best of my judgment. The men against whom the suspicions you mention must be directed are in general the most sensible the most liberal, the most independent and the most respectable characters in our body as well as the most unequivocal friends to the army. In a word they are the men who think continentally.
I have the honor to be, With sincere respect & esteem, Yr. Excellcys Most Obed servt. A Hamilton
[P.S.] I am Chairman of a Committee for peace arrangements.(7) We shall ask Your Excellency's opinion at large on a proper military peace establishment. I will just hint to Yr. Excellency that our prejudices will make us wish to keep up as few troops as possible.
We this moment learn an officer is arrived from Sir Guy Car[l]eton with disptaches, probably official accounts of peace.(8)
RC (DLC: Washington Papers).
1 Although undated, this letter was almost certainly written on April 8. The meeting mentioned by Hamilton in the first paragraph as planned for "tomorrow" did take place on April 9. Hamilton, Papers (Syrett), 3:323-24n. Moreover, the postscript records the arrival of an express with "official accounts of peace," which arrived on April 9.
2 Washington's March 31 and April 4 letters to Hamilton and to Theodorick Bland are in Washington, Writings (Fitzpatrick), 26:276-77, 291-96.
3 For the congressional reaction to Washington's April 4 letter, see Theodorick Bland to Washington, April 16, 1783.
4 See Morris, Papers (Ferguson), 7:682-84, 701-2.
5 That is, Washington's April 4 letter to Hamilton.
6 Not identified, but perhaps Stephen Higginson, who opposed Robert Morris' financial plans. See Higginson to Theophilus Parsons, April 7-10 , and to Samuel Adams, May 20, 1783.
7 See Committee of Congress to Washington, April 9, 1783.
8 This express arrived in Philadelphia on April 9.
Estimate of the debt of the U.S. reported by the Grand Committee:(2)
| To the Farmers General of France | Livrs. 1,000,000 |
| To Beaumarchais | 300,000 |
| To King of France to end of 1782 | 28,000,000 |
| To do for 1783 | 6,000,000 Dollars |
| Livrs. 38,000,000 = 7,017,037 | |
| Recd. on loan in Holland | Florins 1,678,000 = 671,200 |
| Borrowed in Spain by Mr. Jay | 150,000 |
| Int. on Dutch one year at 4 prCt | 26,848 |
| Total for. debt | 7,885,085 |
| Dollars | |
| Loan office | 11,463,802 |
| Int. unpaid for 1781 | 190,000 |
| do 1782 | 687,823 |
| Credit to sundry persons on Treasury books | 638,042 |
| army debt to 31 Dr. 1782 | 5,635,618 |
| unliquidated do | 8,000,000 |
| deficiencies in 1783 | 2,000,000 |
| Total dom. debt | 28,615,290 |
| Aggregate debt | 36,500,375 |
| Dollrs. | |
| On for. debt, 7,885,085 at 4 PerCt | 315,403 |
| On dom. do. 28,615,290 at 6 do | 1,716,917 |
| On Com. 12 pay, estimd. 5,000,000 at 6 do | 300,000 |
| Bounty to be pd estimd. 500,000 at do | 30,000 |
| 2,362,320 Aggreg. of Int. |
A motion was made by Mr. Hamilton who had been absent on the question on the 9th parag. of report on Revenue to reconsider the same.(3) Mr. Floyd who being the only delegate from N.Y. then present on that question, cd. not vote, 2ded the motion. For the argts. repeated see the former remarks on the 7 Apl.(4)
On the question the votes were Mas. no, R.I. no, Cont. no, N.Y. ay, N.J. no, Pa. ay, Maryd. no, Virga. ay, S.C. no.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:436-37.
1 There is no entry for this date in the journals of Congress.
2 Madison apparently copied these estimates from a document filed with the grand committee report submitted April 4 and adopted the 7th, which is in PCC, item 26, fol. 403, and for which see Madison's Notes, April 2-5, 1783.
3 For a similar attempt by Hamilton, see Madison's Notes, April 1, note 5.
4 See Madison's notes for the 7th.
Your favor of the 29th ult. was duly recd. yesterday.(1) Your apprehensions from the article in favor of British Creditors, correspond with those entertained by all whose remarks I have heard upon it. My hope is that in the definitive treaty the danger may be removed by a suspension of their demands for a reasonable term after peace.
The publication of Mr. M's letters was neither previously assented to nor known by Congress. Whether it was the act of Mr. M. himself is even unknown to them. After the injunction of secresy was taken off, the curiosity of any individual, or the interest of the printer might obtain copies for the press.(2)
The imperfect information brought by the French Cutter is all that we have yet recd. relative to peace. It is reported from N. York that similar intelligence has been brought thither by a vessel from Lisbon. Hostilities however continue to devour our commerce.
The report on revenue of which I gave you the outlines (3) is still in an unfinished State; but in a way I flatter myself of being ultimately & substantially adopted. The admission into the common mass, of all expences of the war not authorized by Congress is the remaining article of difficulty.(4) Even this however under some qualifications is so respectably patronized & so intimately linked with the art[i]cle concerning the back lands that I do not despair altogether of seeing that also finally comprehended. A change of the valuation of Lands for the number of Inhabitants deducting 2/5 of the Slaves, has recd. a tacit sanction & unless hereafter expunged will go forth in the general recommendation, as material to future harmony & justice among the members of the Confederacy. The <proportion> deduction of 2/5 was a
compromize between the wide opinions & demands of the Southern & other States.
A letter was recd. yesterday from Genl Washington in answer to a notification from the Presidt. of the signing the Genl. preliminaries on the 20th Jany. expressing the joy of the army at the glorious event, and the satisfaction they have recd. from the act of Congs. commuting the half pay &c.(5)
The Mission of Mr. Jefferson has been entirely superceded by the last advices. He will set out in a few days for Virga. and means to pass through Richmond. 6 To his information I refer for details which my late correspondence may have omitted. As his services are not required, at least for the present, in Europe, it is to be most devoutly wished that they could be engaged at the present crisis at home.
RC (DLC: Madison Papers). In Madison's hand, though not signed. Madison, Papers (Hutchinson), 6:439-40.
1 Ibid., pp. 415-16.
2 For the congressional response to the publication of Robert Morris' letters of resignation, see Madison's Notes of Debates, March 4-5, 1783.
3 See Madison to Randolph, March 11, 1783 .
4 For Virginia's special interest in obtaining admission of expenses "not authorized by Congress" into the common charges of the war, and of the fears of the New England and middle states that the acceptance of such charges would "admit a flood of extravagant claims" which would subvert efforts to agree upon reasonable principles for the settlement of Continental accounts, see E. James Ferguson, The Power of the Purse (Chapel Hill: University of North Carolina Press, 1961), pp. 210-12.
5 See Madison's Notes, April 7, 1783, note 2 .
6 See ibid., April 1, note 8 . Thomas Jefferson left Philadelphia on April 12, for which see Madison to Randolph, April 15, 1783, note 3.
Recd your favour of the 10th ult. -- as to the affair of Vermont I lately wrote you on that subject,(1) therefore shall not trouble you now, as nothing has lately turned up new in that Quarter (which I know of), nor in Congress respecting that Teritory. You mention Governor Hancock's Letter &c &c &c. I am much pleased that the Genl. Court did not hearken to the proposal so far as to Comply, even, to Appoint Commissioners as proposed by the Massachusetts,(2) let the great Trading States worry, they Cannot do as they Would be glad to do, to monopolise the Impost to their own perticular profit, for if they attempt to do that, it is plain that they will loose their trade.
Before this reaches you doubtless Mr. Gilman, will be at home as he sat out Tuesday of last week -- by desire of the Honble Commtte., Communicated by the Honble. President. I have Consented to Tarry
until the latter part of May, if Occation requires it, although greatly against my inclination, (otherwise than to serve the State) -- if anything should happen that Mr Foster should not be likely to come on immediately I should be glad to know it, & to have leave to return sooner than I proposed. I have nothing to Communicate at present of Importance. I shall take it as a favour if you will send me a Depreciation Table for the State of N.H. Please to give my Regards to the Honble. Committee. I remain Sir your sincere Friend & Humble, Servt,
P White
P.S. I had like to [...] that unless I ha[...] I shall not be a[...] nor return home.
April 9th. The news from New York sence I wrote the above I shall inclose to the Honble. President, which Doubtless you will see. P W
RC (NhD: Bartlett Papers).
1 See White to Bartlett, February 5, 1783 .
2 The New Hampshire General Assembly had declined the invitation of Massachusetts governor John Hancock to send delegates to an economic convention of the northern states in Hartford, Conn. N. H. State Papers, 8:971-72.
Congress having appointed a Committee consisting of Messrs. Maddison, Osgood, Wilson, Elseworth and myself to consider what arrangements it will be proper to adopt in the different departments with reference to a peace;(1) I am directed by the Committee to address your Excellency on the subject of the military department.
The Committee wish your Excellency's sentiments at large on such institutions of every kind, for the interior defence of these states as may be best adapted to their circumstances and conciliate security with conomy and with the principles of our governments. In this they will be glad you will take as great latitude as you may think necessary; and will therefore omit entering into any details.(2)
The Committee apprehend it to be the intention of Congress to lay down a general plan to be carried into execution as circumstances will permit; and that in attending to such dispositions as the immediate situation of the Country may require, they are chiefly desirous of establishing good principles, that will have a permanently salutary operation.
I have the honor to be, yr. Excellency's Most obedient servant
Alx Hamilton
Chairman.
RC (DLC: Washington Papers). Written and signed by Alexander Hamilton.
1 See PCC, item 186, fol. 92. For the context of the committee's appointment on April 4, see James Madison's Notes of Debates, April 2-5, 1783.
2 For Washington's response to this request, the formulation of his "Sentiments on a Peace Establishment" which he communicated to Hamilton on May 2, see Washington, Writings (Fitzpatrick), 26:374-98. See also Richard Peters to Baron Steuben, April 23, 1783.
Two days since, I receiv'd the letter you did me the honor to write, the 26th ultimo.
I inclose a draught in your favor for two hundred dollars: you will please to present it to Mr. Avery, who will procure you a warrant from the Governor & Council to receive the money, & upon the receipt of the same, you will inclose me bank bills to the same amount: if there should be any difficulty in transacting this business which I am not apprized of, or damage to you, please to let me know it, as I wish not to give you trouble without satisfaction: your keeping an account of the No. of the bills, &c, which you inclose may be of service in case of any accident.
It gives me pleasure to hear Mr. Adams's spirits are so high after the difficulties he has had to encounter, some that were unexpected I believe, even by him; I know not the man that, I think, wou'd have done better in his place, or that this Country are under greater obligations to: I have seen sundry letters from him of late, by which I am well acquainted with the situation he has been in, in negociating both in Holland & France.
Mr. Laurens & Mr. Dana, at their request, have leave to return: Mr. Adams's like request has not yet been determined upon, Mr. Jefferson is not to proceed to Europe, the business for which he was appointed is supposed to be finished.(1)
I shou'd have made you my congratulations on account of Peace before I have wrote so far, but waited to git the last intelligence from N.Y. which I inclose, & must beg leave to refer you, as I have not time to add.
I am, with particular respect, your most obedient,
S Holten
RC (MeHi: Fogg Collection). Endorsed by Lovell: "April 9 1783, Doctr. Holten, 200 Dollars, recd & answed. 24."
1 The decisions on Henry Laurens, Francis Dana, and Thomas Jefferson had been reached on April 1, but despite a committee recommendation to accept John Adams' resignation, Congress refused to act on Adams' request. According to James Madison: "The Eastern delegates were averse to doing any thing as to Mr. Adams, untill further advices s[houl]d be recd." See JCC, 24:225-27; and Madison's Notes of Debates, April 1, 1783 .
A memorial was recd. from Genl. Hazen in behalf of the Canadians who had engaged in the cause of the U.S. praying that a tract of vacant land on L. Erie might be allotted to them.(1)
Mr. Wilson thereupon moved that a Come. be appointed to consider and report to Congress the measures proper to be taken with respect to the Western Country. In support of his motion he observed on the importance of that Country, the danger from immediate emigrations of its being lost to the public; & the necessity on the part of Congress of taking care of the fderal interests in the formation of New States, which could not take place by the authority of any particular States.
Mr. [Madison] observed that the appointment of such a Come. could not be necessary at this juncture & might be injurious, that Congs. were about to take in the report on Revenue &c. the only step that could now be properly taken, viz to call again on the States claiming the W. Territory to cede the same; that until the result sd. be known every thing wd. be premature & wd. excite in the States irritations & jealousies that might frustrate the Cessions; that it was indispensable to obtain these cessions in order to compromize the disputes, & to derive advantage from the territory to the U. S.; that if the motion meant merely to prevent irregular settlements, a recommendation to that effect ought to be made to the States -- that if ascertaining & disposing of the garrisons proper to be kept up in that Country was the object it was already in the hands of the Come. on peace arrangements; but might be referred to them.
Mr. Mercer supported the same ideas.
Mr. Clarke considered the motion as no wise connected with peace arrangements; his object was to define the western limits of the States which Congs. alone cd. do, and which it was necessary they sd. do in order to know what territory properly belonged to the U. S. and what steps ought to be taken relative to it. He disapproved of repeatedly courting the States to make cessions wch. Congs. stood in no need of.
Mr. Wilson seemed to consider as the property of the U. S. all terri-tory over which particular States had not exercised jurisdiction particularly N. W. of Ohio, & said that within the Country confirmed to the U. S. by the Provisional articles, there must be a large Country over which no particular claims extended.
He was answered that the exercise of jurisdiction was not the criterion of the territorial rights of the States; that Pa. had maintained always a contrary doctrine; that if it were a criterion Va. had exercised jurisdiction over the Illinois & other places conquered N. W. of the Ohio; that it was uncertain whether limits of the U. S. as fixed by the
Provl. Arts. did comprehend any territory out of the claims of the individual States; that sd. it be the case a dicision or examination of the point had best be put off till it sd. be seen whether Cessions of the States wd. not render it unnecessary; that it cd. not be immediately necessary for the purpose of preventing settlemts. on such extra lands, since they must lie too remote to be in danger of it.
Congress refused to refer the motion to the Come. on peace arrangements, and by a large majority referred it to a special Come. viz. Messrs. Osgood, Wilson, Madison, Carrol & Williamson; to whom was also referred the Meml. of Genl. Hazen.(2)
On the preceding question Cont.(3) was strenuous in favr. of Mr. Wilsons motion.
A motion was made by Mr. Dyer to strike out the drawback on salt fish &c.(4) Mr. Ghorum protested in the most solemn manner that Massts. wd. never accede to the plan without the drawback. The motion was very little supported.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:442-43.
1 Moses Hazen's memorial is in PCC, item 42, 3:451-54. For the April 22 report of the committee to which it was referred this day, see JCC, 24:268-69; and PCC, item 19, 3:99-101.
2 There is no mention of this debate or action in the journals of Congress, but for the appointment and report of this committee, see the preceding note, and PCC, item 186, fol. 93.
3 The Connecticut delegates attending at this time were Eliphalet Dyer, Oliver Ellsworth, and Oliver Wolcott.
4 That is, from the revenue plan submitted to Congress on March 6, for which see JCC, 24:170. There is no mention of a debate on this subject in Secretary Thomson's journal of this date.
We inclose Your Excellency a letter to the corporation of Kingston open for your perusal that you may be, informed what is likely to be the fate of their late offer.(1)
Your letter with the Concurrent Resolves of the Senate and Assembly (2)on the subject of the state troops has been committed.(3) We think it improbable Congress will accede to the idea. We congratulate your Excellency on the further accounts of peace. We are just informed of the arrival of an officer from Sir Guy Careltone with dispatches to Congress -- Tis probable they contain official information.
With perfect respect, We have the honor to be, yr Excellency's Most Obedt.
FC (NHi: Duane Papers). In the hand of Alexander Hamilton, with an interlineation by William Floyd.
1 The enclosed letter has not been found, but it was a reply to a March 19 letter from the clerk of the trustees of the Corporation of Kingston, N.Y., for which see Hamilton, Papers (Syrett), 3:294. For the congressional response to the invitation of Kingston to relocate the Continental capital in that city, which had been received April 1 and referred to committee on the 4th, see Elias Boudinot to the States, June l0, 1783, note.
2 The preceding nine words were inserted by Floyd.
3 Floyd and Hamilton were referring to the New York Legislature's March 27 offer to settle pay and bounty claims of the New York Line of the Continental Army. New York Senate Journal, March 27, 1783, p. 164. DLC(ESR).
I wish you Joy on the Confirmation of the news of peace, which it is likely you may have before this reaches you. I can give no other account thereof than what is contained in the Inclosed prints.
I wrote last week by Mr Gilman,(1) who doubtless will be at home before you receive this.
Congress have been for some time past trying to agree on a plan to lay an Impost in order to pay the Interest of the public Debts. It is not yet ready to send to the states for their approbation. By calculation it is thought that the Impost propos'd will fall short of the amount of the Interest of said Debts -- about one million five Hundred thousand dollars, it is therefore proper to call on the states to make up said deficiency at present propo[r]tioned as followeth(2)
| Dollars | |
| viz New Hampshire | 52,708 |
| Maryland | 141,517 |
| Massachusetts | 224,427 |
| Virginia | 256,487 |
| Rhode Isleland | 32,318 |
| North Cara. | 109,006 |
| Connecticutt | 132,191 |
| South Cara. | 96,183 |
| New York | 128,243 |
| Georgia | 16,030 |
| N. Jersey | 83,358 |
| Pennsyla. | 205,189 |
| Deliware | 22,443 |
I expect some such measure will be recommended to the states as Pennsylvania have gone into, to pay the Interest due which will be much better than to try to collect the money.
I hope this will find your Honour in good health, I am Sir with great esteem your Humble Servt, P White
RC (MHi: Weare Papers).
1 Not found.
2 The following quotas, which differ from those approved on April 7, were adopted by Congress on April 18. See JCC, 24:230-31, 259. Although this fact is difficult to reconcile with the letter's April 9 date, White's first two paragraphs appear to have been written in a different ink, suggesting that he may have begun the letter on April 9 but completed it no earlier than April 18.
Having this moment recd your very kind & affectionate Letter, I cannot omit scribbling a few Lines in answer, altho' it is very late at Night, and I have attended Congress twice to day on Business of Importance. I am too much flattered by your good Opinion, not to wish that you might think that every recommendation of yours, recieved my utmost attention; but really what I did for poor Roberts was so small, that it did not deserve to be mentioned.
Mr Mede has mentioned the Terms on which you have rented the Farm, which I think not very bad, as the Taxes will not be near half of what they were last Year.(1)
You will pardon me madam for detaining you so long before I most heartily congratulate you on the glorious News of an honorable & I hope a lasting Peace. This Morning we recd the official Confirmation of the Cessation of all Hostilities and the signing the Preliminary Articles between all the belligerent Powers. I suppose the cessation of Hostilities on our Part will be proclaimed to morrow or next day.
This great Event is big with the most affecting and important Consequences. A new Empire rising into Existence with such extensive Views, must attract the attention of the whole World. This Subject is too prolific for the hour of the night and my spent Spirits. May God bless you. I wish I had a prospect of snuffing the refreshing Breezes of Grme Park. It would be a relaxation, that might give me new Life.
Mrs. B. & Susan present the most affectionate Compliments not forgetting Miss Stedman, to whom I beg my respectfull wishes.
I am my Dr Madam with the greatest Esteem, Yours most Afftly,
Elias Boudinot
P.S. Our good General Washington is almost in raptures on acct of the good News.
RC (CtY: Franklin Papers). Addressed: "Mrs. Elizabeth Ferguson, Graeme Park."
1 For Mrs. Ferguson's financial difficulties, see these Letters, 18:373-74.
Your Favour of the 2d inst. was the most agreeable surprize that I have recd. for some time past, not Sir altogether on acct. of your kind congratulations on the glorious Event of a Peace so honorable to our common Country, in which I most heartily reciprocate every affectionate wish, but to find after mourning & regretting your Loss to your Friends & your Country & Sympathising with Mrs. Hanson who I supposed in a most distressed State, that you was still in the Land of the living & once more restored to Health & to usefulness in Life. In short Sir, we having had your Death anounced in the public news Papers,(1) concluded with the Children, that what was printed must be true & really considered the Fact as beyond a doubt. Permit me Sir to rejoyce with your other friends on the agreeable mistake, and to wish you long to enjoy the Blessings of that Peace you have so long struggled for. To this misInformation has been owing my Silence since your leaving this City.
Yesterday Sr. Guy Carleton sent by Express the King of Englands Proclamation for the Cessation of all Hostilities, and this morning we recd from France by an Arrival here the official Information of the same Circumstance on our part by a separate Instrument of accession, under the same Terms as those of France & Spain, and shall proclaim a Cessation of all Hostilities on the part of America tomorrow.
I know you will rejoice greatly with me on this important News, and join in rendering Thanks to the great Governor of the universe who has thus continued his interposing Providence & at last crowned all our Labours with a Success far beyond our sanguine Expectation. We want now nothing but wisdom & union to perfect the glorious work.
Mrs. Boudinot (tho unknown) joins me in the most respectful Complimt to Mrs. Hanson.
Believe me to be, with the most unfeigned Esteem & respect, My D Sir, Your most Afft. & very Hble Servt, E B
RC (IHi: Miscellaneous Manuscripts).
1 Hanson's death -- "Last week...at his seat in Frederick county, Maryland" -- had been announced in the March 29 issue of David C. Claypoole's Pennsylvania Packet.
Letters rcd. from Genl. Carlton & Admiral Digby inclosing British proclamation of cessation of arms &c, also Letters from Docr. Franklin
& Mr. Adams, notifying the conclusion of Preliminaries between G. B. & F. & Spain, with a declaration entered into with Mr. Fitzherbert applying the epochs of cessation to the case of G. B. & U. S.(1) These papers were referred to Secy. of F. A. to report a proclamation for Congs. at 6 OClock -- at which time Congs. met & recd. report nearly as it stands on the Journal of Friday, Apl. 11.(2) After some consideration of the Report as to the accuracy & propriety of which a divirsity of sentiments prevailed, they postponed it till next day. The Secy also reported a Resolution directing Secy. at War and Agent of Marine to discharge all prisoners of war.(3)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:445-46.
1 These letters -- from Sir Guy Carleton and from Adm. Robert Digby of April 6, John Adams of January 22 and 23, Benjamin Franklin of January 21, and Henry Laurens of January 9 -- are in PCC, item 52, fols. 225-28, item 119, fol. 272, item 84, 4:321-38, item 82, 2:341-44, item 89, fols. 249-52; and Wharton, Diplomatic Correspondence, 6:200, 225-28, 362-63.
2 Madison originally wrote and later lined out "Saturday 12 Apl." for the proclamation Livingston reported on the 10th and Congress adopted the 11th, see JCC, 24:238-41.
3 See Madison's Notes, April 12, note 3.
The important contents of the inclosed paper 1 were brought hither yesterday by a British officer sent for that purpose by Sr. G. Carlton. To day Congs. recd. letters from Dr. F. & Mr. Adams (2) inclosing a declaration entered into by them & the British Plenipoy. by which the epochs at which hostilities are to cease between France & G. B. are adopted between the latter & America. A great diversity of opinion prevails as to the time at which they were to cease on this Coast.(3) The Merchants & the lawyers are most affected by the question. Yrs affy.
J. Madison Jr
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:449-50.
1 Madison probably enclosed either the April 9 supplement to the Pennsylvania Packet, for which see the following entry, note 1, or this day's regular issue which contained copies of the preliminary treaty of November 30, 1782, between the United States and Great Britain, the Anglo-French and Anglo-Spanish treaties signed January 20, and George III's February 14 proclamation declaring an end to hostilities.
2 See the preceding entry, note 1.
3 See Madison's Notes of Debates, April 11, 1783.
We take the opportunity by a Gentn. who sets off to North Carolina tomorrow; and whose route lays through Richmond to Communicate to Yr. Excellency copies of Papers sent by Sr. Guy Carleton & Admiral Digby and brought by an Aid of the Former Yesterday to the Office of Foreign Affairs.(1) We believe them to be Perfectly Authentic and as they are a full Confirmation of what we have before informd your Excelly they need no further Comment.
We Sincerely congratulate Your Excelly and our fellow Citizens on the Happy Event.
We take the liberty to inform Your Excelly that the State of New York has made an offer to Congress of a tract of land included in the boundaries of the Township of Kingston or Esopus on the North River -- accompanied by a provisional act of Incorporation, granting certain Privilidges of Jurisdiction in civil matters -- except in cases concerning the Property of the Soil &c. the Policy of which is to Induce Congress to fix their residence in that State.(2)
The Delegates of Virginia and Maryland, conceiving that a more Central Situation for Congress, accompanied with other equal or Superior advantages might possibly be more agreeable, and that an Offer of a Small tract of Territory by Virginia & Maryland in the Neighbourhood of George Town on Potowmack might meet with the Acceptance of Congress in Preference to that offerd by New York, especially if a more ample and Enlarged Jurisdiction shd be Annexd thereto -- have Conceived it their Duty to inform their states respectively of the step taken by New York -- that if they think proper they may Conjointly adopt such plans as they may deem most Eligible to Induce Congress to fix their Residence in a Place which we Humbly Conceive wd. be not only more Generally agreeable to the States, but wd. be so manifestly advantageous to the states Immediately in the Vicinage of the Seat of General Government.(3)
We shall endeavor to procure before the Assembly sits a copy of the Grant of New York with the Boundaries therein assigned for the Jurisdiction of Congress, which will be transmitted to your Excelly to be laid before them.
Since writing the above, Official dispatches from Mr. Adams, Mr. Franklin & Mr. Jay have arrived announcing the Signature & ratification of the Preliminary Articles by the Belligerent Powers, as mentiond in the Enclosed Proclamation, and an agreement between the Said Powers, to an Armistice, which we Expect will this day be Proclaimed by order of Congress and transmitted to the Respective States.(4) The Same dispatches inform us, that the Definitive treaty is
The British Prints inform us that in a Division on a debate in their House of Commons, on a Paragraph in their address to their King for approving the Peace a Majority of Sixteen were against the approbation -- North & Fox violently opposing the Ministry. The vote for approving was carried in the Lords -- how this temper of the Commons may effect the Politics of Europe, or the Ministry of Great Britain time must determine.
With the most perfect respect we are, Yr. Excelly's most obedt. Serts.
(Signed in behalf and at the request of the Delegates)
Theok. Bland Jr.
RC (Vi: Continental Congress Papers). Written and signed by Theodorick Bland. Madison, Papers (Hutchinson), 6:446-48.
1 In addition to copies of Carleton's and Digby's letters, for which see James Madison's Notes of Debates, this date, note 1 , the delegates enclosed an April 9 supplement to the Pennsylvania Packet which included copies of the Anglo-French and Anglo-Spanish treaties of January 20. Continental Congress Papers, Vi.
2 See New York Delegates to George Clinton, April 9, 1783, note 1 .
3 In opposing the offer of Kingston, N.Y., Bland and the other Virginia delegates were joined temporarily by Maryland delegates Daniel Carroll and Thomas Sim Lee in advocating a site to be chosen as the seat of the Continental government. But Maryland had long been divided between Potomac River and upper Chesapeake Bay supporters and the latter proved to be better organized. As early as November 17, 1782, George Lux, a Baltimore merchant, had written the following letter to Bland, enclosing three copies of a broadside submitted to the Maryland legislature under the pseudonym "Aratus" which promoted Annapolis as the future seat of Congress.
"I beg leave to refer the enclosed to your attention, and will take it as a very great favor if you will give me your opinion candidly on it by the next post. The author has, at the request of several members of our Assembly, written and published it, in order, if possible, to induce them to take speedy and effectual steps to accomplish the purposes therein specified. A few copies are distributed among them; and the remainder I shall send to my acquaintances in the different parts of the continent, Pennsylvania, Jersey, New York and Delaware excepted, which states, it is natural to suppose, will be averse to the measure. The author did not insert the piece in the paper, because the mere commonalty cannot understand the subject; and he is averse to run the hazard of being involved in disputation, being in his noviciate as a writer. You are to consider the piece is addressed to a Legislature, in which undoubtedly there must be many weak men, and therefore must be adapted to their genius and capacity; consequently many things are in it which would not have been, had none but men of understanding been expected to peruse it.
"The matter will come before the Assembly during their present session, and I have not the least doubt of success, if they think Congress are disposed to accept their offers. It is certainly the duty of our Assembly to make the first advances; but the pride of many of the members is piqued, lest Congress would not close in with them. I could wish your body to be sounded upon the subject, and a judgment may with some certainty be formed whether the powers granted them, and an elegant Stadthouse, will prompt them to render Annapolis the permanent metropolis of America. Perhaps the powers therein specified will not be approved of; and I could wish to know in what points. I think the city of Annapolis ought to be laid off as a distinct independent territory, totally
"Four years ago I was pretty generally acquainted with all the members of Congress, but now with very few of them. I have a slight acquaintance with Mr. Daniel Carroll, but know not any other delegate from Maryland, even by sight. Were I well acquainted with any of our delegates, I should have written to him on the subject; but I request you will show them all this letter and the enclosed. I transmit three copies to be by you given to any of your acquaintances among the eastern and southern delegates of Congress; and shall take it as a very great favor if you will candidly inform me whether you think Congress will accept, in case Maryland offers Annapolis, with substantial local powers. I am confident, from what I have heard from our assembly, that they would in such case be enacted, and granted with very little opposition.
"From what I can learn, Annapolis is one of the most central places in the union in point of distance; and, though it is not in the relative situation of the different states, yet it would be but just that the inconveniences in attending Congress should be shared among the different states as equally as may be. The southern states have suffered more than any others by the ravages of the enemy, and are entitled to more consideration from those to the eastward than to be put to greater inconveniences than they, merely because they are unfortunately the minority. I have a better opinion of their patriotism and liberality of soul, than to suspect that they would be actuated by local selfish views, when it is their duty to promote the general good of the continent.
"The constitution of Maryland being stable, agreeable to all ranks of its inhabitants, and opposite to every principle of anarchy and levelism, Congress would be more agreeably fixed in it than in Pennsylvania, where an unlimited democracy (the most horrid of all governments) prevails, and of course no one can be secure of personal safety under it. Annapolis being but a small place, Maryland could safely grant the Congress local and substantial powers in it, without missing them; whereas in Philadelphia they are ciphers, and cannot have the powers requisite to render them respectable, without injuring the commerce of the place. And, to every thinking man on the continent, the prospect must be very disagreeable, when it is considered that congress may possibly be in danger of being mobbed, if they do not flatter the prejudices of the majority of the lower class of citizens, and the measures they may wish to be adopted, may not constantly be right and proper.
"Our delegates can describe the situation of Annapolis, its advantages and disadvantages. I will just observe, that under our old government, it was chiefly inhabited by men of fortune, who held lucrative posts, and the most eminent practising lawyers in the state; most of whom since the present revolution, not having the same inducements to continue there, have removed elsewhere; and a number of elegant houses are thereby in some measure rendered useless; which might be purchased by the ministers of finance, foreign affairs, war, and marine, and the other leading officers on the general civil establishment, much cheaper than they could be built in any part of the continent. The market would be well supplied when there was a constant demand for provisions; and fish and oysters would be brought thither in great abundance, as well as all kinds of wild fowl.
"I have scribbled a long letter to you, chiefly upon the motive of promoting the general good, and therefore I am confident you will excuse a liberty I have taken, and answer
For the Maryland assembly's adoption of this position in late May, see Elias Boudinot to the States, June 10, 1783, note.
4 For letters received from John Adams, Benjamin Franklin, and Henry Laurens, rather than John Jay, see James Madison's Notes of Debates, this date, note 1.
A confirmation (official) yesterday arrived here of the ratification of the Preliminary Articles of Peace between France, Spain & England -- which gives effect to those between England & the U. States of America -- in consequence of which proclamation will this day be made by order of Congress for a Suspension of Hostilities. This has already been done in N. York without one Symptom of Approbation. The Public Prints will soon announce to you the Particulars -- we have sent these to the Govr.
God Bless you, Theok. Bland, Jr(1)
RC (ViW: Tucker-Coleman Papers).
1 Bland also wrote the following letter to George Weedon this date:
"I have just time to tell you, that an official confirmation of the ratification of the preliminaries between the French, Spanish, and English Courts, arrived here yesterday, and I believe a cessation of hostilities will be this day proclaimed, by order of Congress. The public prints will soon give you the rest." Balch, Papers Relating to the Maryland Line, p. 207.
I recd. your late favor inclosing some bills drawn upon Mr. W. Smith of Baltimore and protested by him. This Business is not within the jurisdiction of the Agent of Marine here or immediate measures wod. be taken for their payment. Monsr. Marbois who is the Consul general and agent of Marine informs me that if Poquet comes out from New York to this place which he expects he will do that upon his giving some instrument of indemnification the money shall be paid withot. returning the bills. As the packet has arrived at N. York from England with the preliminary Articles signed and a proclamation of the Kings suspending Hostilities (which were to cease on this coast the 3d of this month,) I imagine Poquet will soon be at liberty. Shod. he arrive here I will endeavour to get satisfaction for the Bills. Billy Miner has I suppose
I am, Yr. affe Serv, Jos. Jones.
RC (ViU: Hunter-Garnett Collection).
This day was spent in discussing the Proclamation which passed.(1) Mr. Wilson proposed an abreviation of it which was disagreed to. The difficultys attending it were that 1st. the Agreemt of our Ministers with Fitzherbert that the Epochs with Spain as well as France sd. be applied to U.S. to be computed from the ratifications which happened at different times, the former on the 3d the latter the 9th of Feby. 2d. the circumstance of the Epochs having passed at wch the Cessation of hostilities was to be enjoined.(2) The impatience of Congs. did not admit of proper attention to these & some other points of the Proclamation; particularly the authorative stile of enjoining an observance on the U.S. the Govrs. &c. It was agst. these absurdities & improprities that the2 no of Mr. Mercer was pointed.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:450.
1 See JCC, 24:238-41; and Madison's Notes, April 10 .
2 Madison later inserted "solitary" at this point above the line, and then underlined both solitary and no.
The papers which I enclose, announce to you the arrival of an officer from N. York, with the Proclamation of the King of Great Britain, and other particulars, not necessary to enumerate.
Yesterday the vessels arrived here from France. They left l'Orient the 4th March, and by them we have official dispatches of our ministers. Altho' not of a late date, yet they authorize a Proclamation, which will come forth to day, from "the United States, in Congress assembled," declaring and enjoining a cessation of hostilities against the subjects of his Brittanic Majesty.
We have debates in Parliament, on the subject of the preliminaries, and although parties are very violent, and although in the House of Commons there are 224 to 208 against approving the peace, yet there seems to be no dispute as to its validity, respecting the separation of America. This subject is started in the House of Lords, by Lord Loughboro',(1) but the ministry obtained on a vote an approbation of the peace. In consequence, the address is presented, and in answer, his majesty thanks very particularly the House of Lords. He concludes with expressing his warmest approbation of the spirit of Parliament towards the Loyalists, and makes no doubt, that the power which has stipulated in their favor, will carry to the utmost latitude a fulfilment of their engagements.
Adieu. I hope we shall approve ourselves worthy of the favor Heaven has obviously bestowed on us, in the accomplishment of so great and glorious opportunity, in so short a period.
In haste, I am, yr's, John F. Mercer.
MS not found; reprinted from Balch, Papers Relating to the Maryland Line, pp. 207-8.
1 That is, Alexander Wedderburn, first baron Loughborough, who had been attorney general in the North Ministry and since June 1780 chief justice of the court of common pleas. DNB.
The establishment of the Independence of the United States -- and an Amicable settlement between the belligerent Powers -- by which the blessings of Peace are once more restored to this Country -- must give a new turn to every species of Business. My unacquaintance even with that in which I am essentially interested renders me very unfit to advise -- respecting measures necessary to be pursued in order to render it Advantageous -- for this I shall rely on your extensive experience -- and only take the Liberty to propose a few queries for Consideration.
Will it not be best to make the necessary preparation for another & a long blast of the Furnace as soon as possible? 1 The rapid progress which will be made in new settlements -- above you -- opens a door for a Market -- on one hand -- And the very destitute Circumstances of the Inhabitants of the Western States will afford a large vent -- on the other hand (and by the bye -- would not a circuitous Voyage by the West Indies from those States with produce which might be had for ware -- be a matter worthy Attention?)
If any thing of this kind should prove eligible I have it in my power to establish Correspondents in those States of Virginia, No. & So. Carolina (& Georgia, if necessary) which might prove advantageous.
Will it be proper to engage for Goods to supply a Store in Company? The stability of Prices -- & value of Money -- by which business may be now done & contracts entered into without risque leads to this Quere -- an early start (in business as in travelling) is the distance half gained.
If the Circuitous trade hinted at above was eligible engagements -- might be accordingly made -- and various turns made to render business more easy.
AWill it not be proper to set on foot the making of Pot & pearl Ash -- immediately, or as soon as possible -- to prevent its being diverted to other hands? This we may do with as much ease & perhaps advantage as any Persons -- having the most expensive Apparatus in our own Power.
I expect, Sir, before you give an Answer a most important Quere will present itself -- Vizt.
How is the Expences to be supplied? -- this will puzzle me more than an hundred such as the preceeding would you. Nevertheless -- I should not despair of its being done -- some money, some goods or, which is the same in substance -- some Credit might with a proper attention & Application effect it.
I should be very happy to be present with you -- to consult on every necessary point but that is impossible at present. I can therefore only assure you of my earnest wish to do every thing to promote our Mutual interest -- and will endeavor to supply -- what shall be incumbent on me whether in Money, or Credit for the purpose, assuring you that I shall place the utmost confidence in every Arrangement You shall be disposed to make -- and circumstances will admit. Does the C____n continue in the same disagreable ______? Will he quit on reasonable terms? Will it not be best, to accept such terms?
Are you likely to effect a Division? Answer as soon as possible -- Under Cover to Dr. Randall. This is Confidential -- from, Dear Sir, Your very hume Servt. J Arnold
P.S. As I have some hope to see you before I shall have opportunity to write again -- after recieving your Answer -- I shall defer some things -- to a personal interview.
RC (NjMoHP: Lloyd W. Smith Collection).
1 Cahoon was a Providence iron founder. See Arnold to Cahoon, November 4, 1782.
The many Obligations this Country has been laid under by your repeated kindnesses, have been not only revived, but greatly increased
The glorious struggle, blessed be God, is now over, and I am happy that you have so great a Share in her Laurels. Our worthy General is not the least sharer in the general Joy. We have now leisure I hope to turn our attention to consolidating the general Union & perfecting our Government.
Congress are perfectly satisfied with your remaining in Europe, and I have the honor & Satisfaction of enclosing you a Copy of their Vote on this Occasion.(2)
Congress are very sensible of the very obliging Conduct of his Excellency the Compte de Estaing in so readily & generously devoting the Triumph to the benevolent Purpose of being the bearer of the important Intelligence.
As soon as Capt DuQuesne arrived, certified Copies of the Intelligence was transmitted to Genl Carleton & admiral Digby -- the last of whom most ungenerously affected to consider it as a design in Compt de Estaing to mislead him, while he was accomplishing some stroke in the west Indies. However he was in a few days convinced of his Error by the arrival of an English Packett.
We are anticipating the Pleasure of your Arrival here with Anxiety.
I take the liberty of inclosing copies of the Vote of Congress in Favour of Compte De' Rochambeau, & of my Letter addressed to him on that occasion. My reason for this is, to beg the Favour of your endeavouring to know the reason for the Compte's leaving America without taking the least Notice of it, or even answering my Letter. I do this merely in my private Character, for altho' it has been noticed by the Members of Congress, yet Congress has made no Observations on it, and I mentioned it to you as a private Friend, who I know will be prudent on the Occasion, at the same time will satisfy my individual Curiosity.
I add to the enclosed for your satisfaction some proceedings in the Army, occasioned by the last Efforts of the Enemies of this Country, to raise a Commotion. Their resolutions as well as the Generals Address, gave a finishing Stroke to the Character of our officers. They do them the utmost honor, and the General appears like himself.
The Terms of Peace give universal Satisfaction except that no Time is mentioned for the american Merchts. paying their English Debts. Having the greatest part of their Estates in the public Funds, and having suffered greatly by the depreciation of the money, inevitable ruin must be their Portion if they have not three or four Years to accomplish
Shall I ask your Attention to this Subject if not too late as it will be adding greatly to the obligations, already laid on the Citizens of these States.
I have the honor to be with every Sentimt of respect & Esteem, My d[ear] Marquiss &c
FC (DLC: Boudinot Papers). In the hand of Elias Boudinot. Endorsed: "Private."
1 For Lafayette's February 5 letters to Boudinot to which this is a response, see Lafayette, Papers (Idzerda), 5:84-85; and JCC, 24:210-11.
2 For this April 10 resolve, see JCC, 24:234.
You can only judge from your own feelings on this occasion, with what peculiar joy I congratulate your Excellency and the Army on a constitutional cessation of hostilities by the public Act of Congress, I have the honor to enclose.(1) Thus far we may truly say, that we have passed thro' the wilderness by a series of Miracles, which nothing short of the over ruling Providence of God could ever have wrought.
I most heartily reciprocate your Excellency's good wishes on this occasion, and am much obliged by your very polite letter of the 30th Ultimo.(2)
By a vessel that arrived yesterday from France we received the official copies of our accession to the cessation of hostilities; but altho' this vessel sailed on the 4th of March our latest advices were of the 23d of January. We are just informed that there is a Packet in the River with public dispatches in 36 days from France. If any thing should turn up worthy of notice I will add it to this letter.
Mrs. Boudinot and Miss Susan unite with me in the most affectionate compliments to Mrs. Washington and your Excellency, and are contemplating with great pleasure the prospect of a joyous interview on your return to your long wished for retreat.
I have the Honor to be with the greatest respect & Esteem, Your Excellencys Most Obedt & most Hble Servt Elias Boudinot
RC (DLC: Washington Papers). In a clerical hand and signed by Boudinot.
1 Boudinot undoubtedly enclosed a copy of the proclamation adopted by Congress on April 11, for which see JCC, 24:238-40, 25:984-85.
2 Washington's March 30 letter to Boudinot is in PCC, item 152, 11:191-92; and Washington, Writings (Fitzpatrick), 26:273.
I most sincerely Congratulate your Excellcy and the State -- On the Great & Important Event of Peace now fully Confirmed and Proclaimed.
God Almighty in His Unmerrited goodness by His Great power and outstretched Arm has wrought Salvation and Deliverance for this his oppressed People Erected and Established a new and extended Empire in this Western World. Through Eight Years severe Conflict, And many Dark & gloomy seasons, His Wise And Unerring Providence has manifestly pointed out the Means, the Times, And Seasons, for those Various Exertions, Efforts, and operations which were Necessary in the doubtfull Contest, And with that Vicissitude of adverse dissapointments, and prosperous Success, as might Guard us against Vain Presumsion on the one hand, and secure us against hopeless despair and dispondency on the Other, till at length, When the burthen of our Expences seemed almost too heavy any longer to be borne, our Loads of Debt Accumulating, our publick Credit failing, The People Complaining, God has graciously Calmed the Storm, inclined and Composed the Contending Nations to Peace, Disposed Great Britain (after long & Vain attempts) to Relinquish Her Unjust Claims, Submit to the Manifestations of Divine Providence, And to acknowledge the 13 United States of America Free, Sovereign And Independent. I heartily rejoice Sir that in the Laborious part you have taken in your advanced Years, in The Important Station in which Providence has assigned you, that through Unremitted Diligence & fidelity in which with Unwearied application you have exerted your Utmost Abilities, with Patience, hope and Perseverance in the Cause & Service of your Country, and in the greatest Trials & darkest hours of our Conflict with a firm & Unshaken reliance on Divine Providence, That God has Supported and continued your Valuable life at length to see the Joyfull day of her Deliverance.
Rewards you will not too much expect here except in conscious rectitude, but wait with Patience for those Superior with which God will abundantly remunerate his faithfull Servants: I know your Country owe you their Esteem, their respect, and their Gratitude -- whether they make you that Remittance, or forbear the just Tribute which is your due.
I now expect by the leave of Providence soon to return to my family. My Utmost & faithfull Indeavors to serve the State, and my Country have not been Wanting, I have only to Lament they have been of no more effect, and so little productive of real benefit.
Ever since I have been here, the pressing demands of our Army and loud Complaints of our other Numerous Creditors, have continually attended us, without payment, without Stable funds for Principle or
Interest, for want of which the Value of their securities were daily lessening, our financies Nearly exhausted, our publick Credit sinking, the People discouraged by heavy taxation and Complaining, But God who as in times past in some of the darkest hours has afforded us unexpected relief; so now when our ways were hedged up on every side, and the Darkness seemed Impenatrable and our prospects of further prosecution of the War daily diminishing God has dispersed the Dark Clouds, he has Commanded the Nations into Peace, And The devouring Sword to be sheathed. The Increasing Expence of Millions in a year is now at an End, and the Remaining Debt tho great & heavy, is far below the purchase & much Short of that of our enemies, who have entirely failed of their Attempts to Enslave us, or even of our Allies whom Providence has raised up to Assist us. No doubt Considerable of our own has arisen by profusion, by mismanagement, by Waste, & by Numerous harpies preying upon us, but was there ever a War without, is it not incident to human Affairs, did ever human foresight effectually guard against or prevent them? Much will happen be-fore seen, & often when seen difficult to apply the remedie; they have been greatily reduced in a year or two past, but still when we take a survey of the list, we are surprised, both in the Civil Military & Staff, the increase has principally Arose from two things especially in our Army, the First was owing to the gradual depreciation of our paper Currency, which tho not publickly declared, yet soon felt by our Army, as it would not then do to talk of Depreciation, & making that good, it inforced a constant & gradual rise of pay, Wages, increase of rations, Subsistance &c, & when once obtained then Claimed of right, if taken away or Diminished, Mutiny and dessertion to follow.
The second was want of solid money, & delay of payment & the Consequent sufferings of the Army for want of Cloathing, the Comforts, & sometimes even Necessaries of life, and Nothing to satisfye but New and large promises, which tho easily made, & the Necessity of the times drew on, yet not so easily performd; & tho securities were given to make good, yet grievous Complaints that for want of Credit in Continental or State securities, they were oblidged to part with them at great loss & discount; on these Considerations And on Account of their long services mostly in the prime of their Years they Claimed the engagement of Congress for half pay for life; however Imprudent Congress might have been to enter into those engagements at that time, yet it was Insisted they could not now recede from them, when their Claims at the present for all the foregoing reasons have an Additional force & weight on the principles of Justice & Equity; Therefore looking upon it no doubt that the War was nearly at a Close & when they were soon to be disbanded, and scattered in distant parts throughout the Country, & knowing that the half pay for life was very disagreable to several of the States they proposed and applied
Congress have been for a long time considering and Debating on the most proper, sure & effectual mode of restoring their Credit on their Securities, allready given and still to be given as fast as the Debts can be Liquidated and setled; as we are sensible the principal cannot at present be paid, and but very gradually lessned, & which at present both foreign & Domestic taking in the Army are Computed at between thirty & fourty millions of dollars, tho I am persuaded when the advancements made by the several States are taken in, they must ex
I am very sorry my intelligence of the resolution of Congress with respect to the States settling the Accounts with their several and respective lines of the Army & giving security to them did not arrive before the same was Compleated with our Line, & before our Assembly had risen, I sent it as soon as possible except I had sent an express on purpose but I see no otherway for Justice to be done which can be obtained, but for the State to have that account & the amount of it sent forward to Congress, & to get it, recievd, secured & funded on Intrest
Your Excellcy. will be Sensible that the late great Change of our Affairs now calls off the attention of Congress from War to reduce back to regularity & order on a Peace Establishment. This I perceive is no small task. You have allready been informed of the Temper or disposition of our Army by what I last wrote & sent you. The War is happily at an end, the Army will have a months pay sent them, but it has been Impossible to settle up their Accounts to this time or give them Security yet they say they expect Congress will not disband them till all is done which cannot be in some months, are they to be kept up on pay and rations till that time or plunder for their support? I hope not; We have sent Genll Lincoln our Secretary at War a Prudent and discreet Gentleman who we hope with the Wisdome And Prudence of our Commander in Cheif will reduce matters to order there, and soon relieve us from the heavy expence. May God who has Caused the Warrs to Cease from abroad, restore & Confirm internal Peace, order, & harmony, & dispose us all to a Gratefull Acknowledgement of His Abundant goodness to a sinfull & undeserving People, & to that repentance, obedience, and Righteousness which will Exalt & Establish a Nation. Am with Sincere Esteem & respect Your Excellcy. Hle Servt. Elipht Dyer
RC (CtHi: Jonathan Trumbull, Jr., Papers).
1 See Dyer to Trumbull, March 18, 1783, note 3.
The Proclamation for a Suspension of Hostilitys being now published,(1) The Commercial people of this City are Anxious to Know
I have been Requested, to ask the Opinion of your Excellency & the Hble Councill upon this point and as it may be of Considerable Consequence to the Commerce of the state I hope Your Excellency will be pleased to take it into Consideration & favor me with your Answer or Publish it, if that shall be thought most Expedient.(2)
I have the honor to be, yr Excellys. Most Obedt hble servt,
Thos. FitzSimons
RC (PHi: Gratz Collection).
1 See James Madison's Notes of Debates, April 10 and 11, 1783.
2 In response to receiving the proclamation "for a Suspension of Hostilitys" adopted by Congress on April 11, the Pennsylvania Council adopted a proclamation of its own directing Pennsylvanians "to forbear" all further acts of hostility against the enemy. But it responded to FitzSimons' query concerning the entry of British goods at the custom house with a question of their own, after the point was also raised by the state's Naval Officer, Frederick Phile. "By a Law of this State, the introduction of British goods is forbid during the War," Dickinson explained in an April 18 letter to the Pennsylvania delegates. "We therefore earnestly wish to know the sense of Congress on this point -- 'Whether The United States are now at Peace with Great Britain.' The Decision of this Question belongs to the National Council, and will when made clearly produce Uniformity of proceedings throughout the States: But, without it, there may be contradictory sentiments & Measures among them." See Pa. Archives, 1st ser. 10:38; and PCC, item 69, 2:445-46.
The matter was referred April 18 to a committee consisting of Oliver Ellsworth, Alexander Hamilton, and James Wilson, who delivered a report on April 22 "That in their opinion it is inexpedient for Congress to come to any formal decision on the subject of that letter," which was simply "Read" and ordered "to be filed." See JCC, 24:267; and PCC, item 20, 2:151-52.
We heard several Weeks ago that Mr. Guerard was chosen Governor, Mr. Beresford Lieutt. Govr. & that Messrs. Laurens, Rutledge, Read, & Sumpter were joined with me in the Delegation to Congress. No official accounts have however, been transmitted to us by the Executive of the State, nor have we received a Line from them since the new Election. Yesterday some Letters were received from Charles Town by Captn. McClenachan of so late a date as the 19th March.(1)
I was not favoured by him with a single Letter from any of my friends. By Beresford's being appointed to come to Congress, some alterations must have taken place. I wish you had given me an account of them. Miss Newman writes Mrs. Gillon that her Husband is in the highest estimation -- that he is in the Assembly, & Privy Council, & that
if he had pleased he might have been elected a Delegate to Congress. The Assembly I understand have approved of all his contracts, & engagements. I wish they would not only approve, but likewise take some measures to pay the debt to Streckeizen, that I might be totally rid of that business. I send your Newspapers, & with Compliments to Mrs. Bee am Dr. Sr. with great regard, Your most obt. Servt,
Ra. Izard
[P.S.] You will find by the Newspapers that the Preliminaries of Peace have been ratified between France, & Great Britain.
Pray let Mr. Owen know that I have not received a Line from him since the 20th of December.
April 17th. This was intended to go by Mr. Parker's Flag, but I was too late. I have since received a Letter from Mr. Owen, so that you need not say anything to him. The Executive have not taken very good care of their Delegates here: this I mention to you, not so much on my own account, as that of others. Mr. Gervais in particular has been much distressed, & will find it difficult to set out on his journey.(2)
RC (MdHi: (Gilmor Collection).
1 Jacob Read, Thomas Sumter, and Izard had been elected delegates to Congress on February 12, and Henry Laurens and John Rutledge were elected the following day. Sumter declined his appointment on March 15, however, and Richard Beresford was elected in his place the same day. Journals of the House of Representatives of the State of South Carolina (January 6-September 9, 1783), pp. 148, 152, 331, 343. DLC(ESR).
2 John Lewis Gervais apparently remained in Philadelphia until Beresford took his seat in Congress on May 30. The last roll call vote on which he is recorded was taken on May 23. See JCC, 24:359-61, 369.
A letter from Gervais to Battaile Muse written June 17 from Fredericksburg, Va., enroute home is in the Muse Papers, NcD.
A letter of the 16th of Decr. O. S. was rc'd. from Mr. Dana, in which he intimates that in consequence of news of peace taking place & independance being acknowledged by G. B. he expected soon to take his proper station at the Ct. of St. Petersburg, & to be engaged in forming a Commercial Treaty with her Imperial Majesty.(1)
Mr. [Madison] observed that as no powers or instructions had been given to Mr. D. relative to a Treaty of Commerce, he apprehended there must be some mistake on the part of Mr. D., that it wd. be proper to enquire into the matter & let him know the intentions of Congs. on this subject. The letter was committed to Mr. Madison Mr. Gorhum & Mr Fitzimmons.(2)
Mr. Rutlidge observed that as the instructions to Foreign Ministers now stood it was conceived they had no powers for commercial stipulations other than such as might be comprehended in a definitive Treaty of Peace with G. B. He said he did not pretend to commercial knowledge but thought it wd. be well for the U. S. to enter into commercial Treaties with all nations & particularly with G. B. He moved therefore that the Come. sd. be instructed to prepare a general report for that purpose.
Mr. [Madison] & Mr. Fitzimmons thought it wd. be proper to be very circumspect in fettering our trade with stipulations to foreigners, that as our stipulations wd. extend to all the possessions of the U.S. necessarily -- & those of foreign Nations havg. colonies to part of their possessions only; and as the most favd. nations enjoyd greater privileges in U. S. than elsewheres, the U. S. gave an advantage in Treaties on this subject, & finally that negociations ought to he carried on here, or our Ministers directed to conclude nothing without previously reporting every thing for the sanction of Congs. It was at length agreed that the Come. sd. report the general State of instructions existing on the subject of commercial Treaties.
Congress took into consideration the report of Secy. for F. A. for immediately setting at liberty all prisoners of war,(3) & ratifying the provisional articles. Several members were extremely urgent on this point from motives of conomy, others doubted whether Congs. were bound thereto, & if not bound whether it would be proper. The first question depended on the import of the provisional articles, which were very differently interpreted by different members. After much discussion from which a general opinion arose of extreme inaccuracy & ambiguity as to the force of those articles, the business was committed to Mr. Madison, Mr. Peters & Mr. Hamilton who were also to report on the expediency of ratifying the said articles immediately.(4)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:452-53.
1 Francis Dana's letter of "Decr. 16th 1782 O[1d] S[tyle]," which is indexed and printed under the date December 27, is in PCC, item 89, fols. 673-78; and Wharton, Diplomatic Correspondence, 6:170-71.
2 Secretary Thomson noted in his "committee book" that the charge of this committee was "To revise the instructions heretofore given respecting the forming commercial treaties & to report," and that it reported and was discharged on May 6, the day a new committee -- consisting of Thomas FitzSimons, William Hemsley, Stephen Higginson, John Rutledge, and Madison -- was appointed to report on a "Plan of a treaty with GB & instructions to the Ministers for negotiating it." The latter was also directed "to consider & report what other treaties of commerce it may be proper for the US to propose and enter into." See PCC, item 186, fols. 94, 99.
The issue of Dana's authority to negotiate a commercial treaty was clarified by Secretary Robert R. Livingston in a May 1, 1783, letter to Dana with reference to his December 1780 instructions: "With respect to a commercial treaty, none can be signed by you. Your powers only extend to 'communicate with her Imperial Majesty's ministers on the
3 Secretary Livingston had made this recommendation to Congress in a letter of April 11, and had immediately notified Sir Guy Carleton that Congress had taken the recommendation under consideration. See PCC, item 52, fols. 229-32, item 79, 3:149-50, 169-71; and ibid., pp. 364-65.
4 For this committee's report, see Madison's Notes, April 14, 1783 .
The Express dispatched by the Secretary of foreign affairs with the Proclamation of Congress declaring a Cessation of Hostilities, gives us an opportunity of Congratulating your Exellency & the Honorable Council on the ratification of the Preliminary Treaties, of which Congress was Officially informed the 10th. The enclosure was handed to us yesterday by the Secretary of foreign affairs.(1) It is reported from New York that the Earl of Surrey (2) is already appointed Ambassador from the Court of London to that of the United States.
With respectful Consideration, We have the honor to be, Your Excellys Mo. Hble servt, Tho. S. Lee
Daniel Carroll
RC (MdAA: Red Books). Written by Lee and signed by Carroll and Lee.
1 The enclosed letter of this date from Robert R. Livingston to Governor Paca is in the Red Books, 9:97-98, MdAA; and Wharton, Diplomatic Correspondence, 6:368-72.
2 That is, Charles Howard (1746-1815), who became 11th duke of Norfolk upon the death of his father in 1786. He had been elected MP for Cumberland in 1780, joined Charles James Fox in opposing the prosecution of the American war, and was appointed a lord of the treasury in the Duke of Portland's coalition government formed April 5, 1783. DNB.
The unfounded rumor of Surrey's appointment to a post in the United States was regarded in some quarters as a ploy by England to woo Americans into resuming their pre-war trade connections with Britain and a threat to establishment of Franco-American and Spanish-American trade relations. According to Francisco Rendùn, the Spanish agent in Philadelphia, in a dispatch of this date to Luis de Unzaga y Amezaga, the recently appointed governor of Cuba: "It is said that England, in necessary consequence of her present policy, has named Lord Surrey, son of the Duke of Norfolk, to come to this continent as Minister Plenipotentiary. If the Court of France should at the same time send the Marquis de la Fayette here in the same capacity, as it is believed it will do, the mischievous ideas of the English will give us nothing to fear for a long time." Papeles Procedentes de Cuba, legajo 1354, Archivo General de Indias, Seville (Aileen Moore Topping translation, DLC).
Two days later Rendùn also explained to Unzaga that in order to cultivate American friendship he would continue to grant permission to Americans to ship flour to Havana until he received orders to the contrary, and he concluded his dispatch with the following interesting explanation of another aspect of his campaign to maintain influence with congressional leaders. "Ever since I have had the honour of living in this city I have from time to time given to the leaders of Congress and the army gifts of sweets and tobacco,
....Congress had transacted little or no business, since I wrote you, until the News of Peace reached them, and little could be done since their time had chiefly been spent in Oeconomizing the several departments, and in devising ways and means for the support of Public Credit, with the expectation that it must have been tried another campaign. Their time however I hope will not be found to have been spent in vain.
We have nearly ascertained our public debt both foreign and domestic....
No further movements have taken place respecting Vermont. Our Assembly ie. R I'ds have instructed their delegates to support their Claim to independence.(1)...
MS not found; reprinted from an extract copied "from the original, then in the possession of Mr. W. R. Benjamin, New York," Burnett, Letters, 7:138. Addressed: "Daniel Cahoon, Esquire, Winchester."
1 The Rhode Island assembly's February 1783 instructions to the state's delegates directing them to support Vermont independence are in Bartlett, Records of R. I., 9:663.
Yr. letter of the 11 inst. which was laid before Congress [is] in the hands of the committee of which I have the Honor to be one to whom it was referred.(2) This being the first official Notification Congress has received of the ship Duc de Lauzun being the property of the United States Congress are desirous before they pass on the alternative you propose [for the disposal of] (3) the said vessel to be [informed] fully of the [authority and] principle on which the ship Duc de Lauzun became vested in the United States and particularly whether she comes under the description of a vessel of war, as the committee can see that Congress are not authorized by the Confederation without a constitutional vote for that purpose by nine States in Congress assembled to purchase vessels of war, but by the 6th paragraph of the 9th article of the Confederation are explicitly prohibited from so doing.(4)...
I have the honor to be by order of the committee respectfully yr. most obdt. hbl. servt. Theodorick Bland Chairman.
MS not found; reprinted from an extract copied "From the collection of the late Adrian H. Joline of New York," Burnett, Letters, 7:142.
1 In his April 16 reply Morris acknowledged this letter as "your order of the fourteenth." See Morris, Papers (Ferguson), 7:708.
2 Morris' April 11 letter proposing the sale of the ship Duc de Lauzun was read this day and referred to a committee consisting of Bland, Thomas FitzSimons, and Stephen Higginson. See ibid., p. 697; JCC, 24:241; and PCC, item 186, fol. 93.
3 At this point Edmund C. Burnett noted that "Lacunae in the copy obtained have been supplied conjecturally." Burnett, Letters, 7:142.
4 In his April 16 reply listing his reasons for acquiring the Duc de Lauzun, Morris included a copy of Congress' resolution of July 3, 1781, which authorized him "to pursue such measures as he may think proper for exporting and importing goods, money and other articles, at the risque and for the account of the United States." The committee reported April 18 that the resolution "fully warranted the purchase and employment of the...ship." On the 21st, however, Morris forwarded the chevalier de La Luzerne's request that the Lauzun be temporarily detailed as a French troop transport, a step Congress quickly endorsed directing the superintendent to "take order for the sale of the ship Duc de Lauzun, after the service for which she is lent to the Minister of France is performed." It was eventually sold in France by American consul Thomas Barclay. See JCC, 20:721, 24:262-63; PCC, item 26, fols. 441-44; and Morris, Papers (Ferguson), 7:708-9, 726-27, 733, 788.
I delivered to Mrs. Mears, on my arrival here,(1) the letters I brot for her; & had the pleasure to find her & Mr. Mears & Mr. Gibbs & his family with the welcome addition of a fine daughter about two weeks old, in perfect health, which blessing they yet enjoy. Messrs. Gibbs & Mears have just had a safe arrival of Goods from France, & appear to be prosperous in their business, & will, I hope, share largely the benefits of an unrestrained & extensive commerce now open in America as the first fruits of her independance under the auspicious event of peace. An event, Sir, great & joyful indeed! on which you will permit my sincerest congratulation. America, by the blessing of Heaven, which it becomes her most devoutly & gratefully to acknowledge, has succeeded not less wonderfully in her negociations than her arms; in short she has imposed her own terms, & holden herself between Great Britain & France, as a Lady between two lovers, receiving from both favours which she could not have expected from either but from their mutual jealousy of being rivalled in her affections. In this scituation may she ever hold her self; & be indeed a tree bearing fruit to all nations & combining the interest & wishes of all for her peace & prosperity. On this occasion, Sir, feeble as I fear your health is, yet if you
With my best compliments to Mrs. Perry, & wishing you every divine support, I am Revd. & dear Sir with much esteem, your obedt. huml Servt Oliv. Ellsworth
[P.S.] I will thank you, Sir, to present my best respects to Capt. Grant & Son, if you have oppertunity.
RC (CtHi: Miscellaneous Manuscripts). Addressed: "The Revd. Mr. Joseph Perry, East Windsor, Connecticut."
1 Ellsworth had just resumed his seat in Congress on April 1. JCC, 24:222.
The Committee on the report of Secretary of foreign affrs. reported as follows, Mr. Hamilton dissenting:(1)
1. That it does not appear that Congress are any wise bound to go into the ratification proposed. "The Treaty" of which a ratification is to take place, as mentioned in the 6th of the provisional articles, is described in the title of those articles to be "a Treaty of peace proposed to be concluded between the Crown of G. B and the said U. S. but which is not to be concluded until terms of peace shall be agreed upon between G. B. & France;"(2) The act to be ratified therefore is not the provl. articles themselves; but an act distinct, future, and event contingent. Again altho' the Declaratory act entered into on the 20th Jany. last, between the American & British Plenipotentiaries relative to a cessation of hostilities, seems to consider the contingency on which the provl. articles were suspended as having taken place, yet that act cannot itself be considered as the "Treaty of peace meant to be concluded["]; nor does it stipulate that either the provl. articles or the act itself should be ratified in America; it only engages that the U. S. shall cause hostilities to cease on their part, an engagement which was duly fulfilled by the Proclamation issued on the 11th instant -- lastly it does not appear from the correspondence of the American Ministers, or from any other information either that such ratification was expected from the U. S. or intended on the part of G. B., still less that any exchange of mutual ratifications has been in contemplation.
2. If Congress are not bound to ratify the articles in question, the Come. are of opinion that it is inexpedient for them to go immediately into such an act; inasmuch as it might be thought to argue that Congress meant to give to those articles the quality & effect of a definitive Treaty of peace with G. B. tho' neither their allies nor friends have as yet proceeded farther than to sign preliminary articles; and inasmuch as it may oblige Congs. to fulfil immediately all the stipulations contained in the provl. articles tho' they have no evidence that a correspondent obligation will be assumed by the other party.
3. If the ratification in question be neither obligatory nor expedient, the Come. are of opinion, that an immediate discharge of all prisoners of war on the part of the U.S. is premature and unadvisable; especially as such a step may possibly lessen the force of demands for a reimbursement of the sums expended in the subsistance of the prisoners.
Upon these considerations the Come. recommend that a decision of Congs. on the papers referred to them be postponed.
On this subject a variety of sentiments prevailed:
Mr. Dyer, on a principle of frugality was strenuous for a liberation of the Prisoners.
Mr. Williamson thought Congs. not obliged to discharge the prisoners previous to a definitive treaty, but was willing to go into the measure as soon as the public honor would permit. He wished us to move pari passu with the British Commander. He suspected that that place (3) would be held till the interests of the Tories should be provided for.
Mr. Hamilton contended that Congress were bound by the tenor of the Provl. Treaty immediately to Ratify it and to execute the several stipulations inserted in it; particularly that relating to discharge of Prisoners.(4)
Mr. Bland thought Congs. not bound.
Mr. Elseworth was strenuous for the obligation and policy of going into an immediate execution of the Treaty. He supposed that a ready & generous execution on our part wd. accelerate the like on the other part.
Mr. Wilson was not surprized that the obscurity of Treaty sd. produce a varity of ideas, thought upon the whole that the Treaty was to be regarded as "contingently definitive."
The Report of the Come. being not consonant to the prevailing sense of Congs. it was laid aside.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:456-57.
1 For the appointment of this committee on the ratification of the provisional treaty of peace, see Madison's Notes, April 12; and PCC, item 186, fol. 94. No other manuscript text of this report has been found.
2 See JCC, 24:245.
3 That is, New York City.
4 For a shift in Hamilton's view of this subject, see Madison's Notes, April 16.
There are two resolutions passed relative to the restoration of the British Prisoners and to making arrangements for the surrender of the posts in the possession of the British troops, the first of which is to be transacted by you in conjunction with the secretary of War -- the latter by yourself alone.(1) I will explain to you some doubts which have arisen in Congress with regard to the true construction of the provisional treaty -- which may be of use to you in transacting the business abovementioned.
The sixth article declares that there shall be no future confiscations &c after the ratification of the treaty in America; and the seventh article makes the surrender of prisoners, evacuation of posts, cessation of hostilities &c. to depend on that event to wit -- the ratification of the treaty in America. Now the doubt is whether the treaty means the provisional treaty already concluded or the definitive treaty to be concluded. The last construction is most agreeable to the letter of the provisional articles -- the former most agreeable to the usual practice of nations; for hostilities commonly cease on the ratification of the preliminary treaty. There is a great diversity of Opinion in Congress. It will be in my opinion adviseable, at the same time that we do not communicate our doubts to the British, to extract their sense of the matter from them.
This may be done by asking them at what periods they are willing to stipulate the surrender of posts, at the same time that they are asked in what manner it will be most convenient to them to receive the prisoners.
If they postpone the evacuation of the different posts to the definitive treaty we shall then be justified in doing the same with respect to prisoners. The question will then arise whether on principles of humanity oeonomy and liberality we ought not to restore the prisoners at all events without delay. Much may be said on both sides. I doubt the expedience of a total restoration of prisoners 'till they are willing to fix the epochs at which they take leave of us. It will add considerably to their strength, and accidents though improbable may happen. I confess however I am not clear in my opinion.
I have the honor to be yr. Excellency's Most Obed serv
A Hamilton
[P.S.] The provisional or preliminary treaty is ratified by us -- for the greater caution.(2)
RC (DLC: Washington Papers).
1 Congress this day directed General Washington to prepare "for receiving possession of the posts in the United States occupied by the troops of his Britannic Majesty," and to "take proper arrangements for setting at liberty all land prisoners." See JCC, 24:242-43, 251-52.
2 See JCC, 24:243-51; and James Madison's Notes of Debate, this date.
I am obliged to get from Mr. Minor for want of a remittence from the Treasurer the Sum of six hundred and fifty dollars for which I have given him an order on the Treasurer payable to Col. Monroe on order to be transmitted by the Post to you to be applied for by Col. Monroe or yourself as you shall see best. Should the Treasurer have made me a remittance to that amount before the bill reaches you I request you will suppress the bill as I shall repay the money here to Mr. Minor before his departure; if no such remittance is made or part only is remitted you will please to make use of the Bill for the whole or such part as may not be remitted. I have written to the Treasurer and Col. Monroe upon this business.(1) I have heard nothing further of Poquet. It is probable he will soon be here as the Prisoners are or about to be released at N. York in consequence of the signing and ratification of the preliminary articles of peace official acct. of which they lately received. I am in hopes something may be done in this business before Mr. Minor sets out. I have yours inclosing Genl. Greenes Letter to Mr. Luzerne the delivery of which I conceive will be unnecessary as the war being at an end contracts will cease. I shall however inquire ab. it and if I think it proper shall make use of the letter. Mr. Marbois I think has the Agency of the Marine.(2) About the first of next month I shall set out for Virginia and shall abt. the middle of the month (God willing) be in Richmond. I have and shall mention your views with respect to Holland before my departure to some of my friends in Congress.
Yr. friend & Servt, Jos. Jones.
RC (ViU: Hunter-Garnett Papers).
1 The following note of this date to Virginia treasurer Jacquelin Ambler is also in the Hunter-Garnett Papers: "Please to pay to Col. Monroe on his order the sum of six hundred and fifty dollars for value received here and place the same to the accot. of yr. hum. Servt., Jos. Jones."
2 That is, when the marquis de BarbÄ-Marbois replaced Jean Holker as French consul general at Philadelphia in 1781, he also assumed Holker's duties as agent for the French marine, a fact Jones had already noted in his April 11 letter to Hunter.
The ratification of the Treaty & discharge of prisoners again agitated.(1) For the result see Journal of the day; 2 the urgency of the majority producing an acquiescance of most of the opponents to the measure.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:462.
1 See Madison's Notes, April 12 and 14, 1783 .
2 JCC, 24:241-51.
My letter by a private hand who left this place a few days ago together with late public letters will have fully apprized you of the decisive events which have taken place in favor of peace.(1) The paper inclosed will amuse you with the bickerings in the British Parliament on that subject.
Genl. Carlton is very importunate for an immediate execution of the provisional articles on the part of Congress in the two points of liberating the prisoners, and recommending restitution to the Loyalists. On his part he has set the example in the first point, but says nothing of executing the other important conditions which are in our favor. This proposition has led Congs. into a critical discussion of the import of the provl. articles, in which the opinions are almost as numerous as the articles themselves.(2) Some think that the instrument was converted by the signature of preliminary articles between F. & G. B. into the Treaty of peace, of which a ratification in America is alluded to in the 6 art: others think that it was conditioned no otherwise on terms of peace between those powers, than that such an agreement rendered it a lawful & necessary foundation for a Treaty of peace between the U.S. & G. B. Some again suppose that the provl. arts need no ratification from Congs. but that they ought to wait for the Treaty to be grounded on them. Others suppose that a ratification is essential, or at least proper. The latter description again are divided, some proposing to ratify them as articles still contingent, others to ratify them as having taken effect in consequence of the preliminary articles between G. B. & F. This variety & contrariety of interpretations arise in great measure from the obscurity & even contrariety of the articles themselves.
Mr. Jefferson left us on Saturday last & will probably be with you by the time this gets to hand.(3)
I am Dr Sir &c &c. J. M.
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:465.
1 That is, Madison's April 8 letter to Randolph and the Virginia delegates' April 1 and 10 letters to Benjamin Harrison. This day the delegates also sent the following brief note to the governor: "Nothing new has happend Since our last by Mr. St. Greaves [John Sitgreaves] -- the last Post Brought us no letter from yr. Excelly we have the honor to enclose to days Paper." Madison, Papers (Hutchinson), 9:429.
2 See Madison's Notes, April 14 and this day.
3 See Madison to Randolph, April 8, note 5 .
I wish you to be so good as to send me by the very first Opportunity your Opinion as to the Conduct of Nations so far as you are acquainted with it in respect to Prisoners of War at a Peace. Can they be forced to go from the Country in which they were Captives if they choose to remain & of Course is it a Breach of the Treaty (where there is no express Stipulation) by Implication if Government taking no active Measures to keep them do not interfere for their Delivery to the late Enemy. All Passports, Means of Transportation &c should be furnished but our Treaty says Nothing more than that they should be set at Liberty & I do not see what Congress can do if the States admit any of them to be Citizens. I wish you to be so obliging as to furnish me with your Opinion as I believe you & I think alike & I want to corroborate my Sentiments by the Authority of yours.(1)
I am in Haste, yrs afftely, R Peters
RC (NHi: Steuben Papers).
1 In his April 22 reply to Peters, Steuben explained that "on the conclusion of peace, all persons are liberated; & without a particular agreement to the contrary, the Government in whose hands they were, concern themselves no farther about the matter." Peters Papers, PHi.
I have been honord with your Excellencys two favors of the 31st Ultimo and the 4th Inst (1)the latter accompanied with your full and explicit answer on the Subject on which I addressed your Excellency in my last at the request of the Committe.(2) It has been according to your desire communicated to Col. Hamilton and the other Members who compose the Committe confidentially and is now under consideration. We have conferred with the Superintendant of Finance,)(3) and be assured our utmost endeavors shall not be wanting to bring to a Speedy (and I hope happy conclusion) the objects Your Excellency has pointed to with so much clearness, candor & Energy.
Confident I am that there is every disposition in Congress to Appreciate the Services and sufferings of the Army. Unquestionably the most meritorious Class of Citizens in this long & at length, Successful Contest. I am not less persuaded in my own mind, that what depends on the States respectively to put the finishing hand to a complete compensation of their long and meritorious Services and Sufferings will be cheerfully complied with; But these Sr. are the Expectations or
opinions, of an Individual strongly impressed and ardently (perhaps too sanguinely) hoping for that desireable event, in which Expectation if I am disappointed -- I shall, with you Sr., have to lament, the most fatal Infatuation, and the grossest ingratitude that ever Seized the heads or corrupted the hearts of a Nation and its Councils towards a Body of men to whom they owe their Political existence and all those blessings which every good Man wishes to see flow from our Union and Independa[nce].
We hope to have the Answer to morrow from the Superintendant of Finance, on the Practicability of the Measure(4) -- which shd. it be even in the negative (which I do not expect) I think I can assure your Excellency -- Such is the Interest the Committe takes in the Welfare of the Army, that they will not stop in their Endeavors, to devise such measures as may in the end, prove as beneficial and Satisfactory as those which Yr. excellency has thought of if in their Powers.(5)
Yr. Excelly's observations on the necessity of Establishing a National Character Stampd with the indelible traits of Justice, Gratitude and Faith, and carry with them the irrestible force of conviction and meet with my most cordial concurrance nor have I a doubt, that, when the Tumult of War has subsided, but this Enlightend Country altho at present young in Politics -- will soon discover the Importance and truth of your observation, and adopt it as the surest Basis on which, must be founded the future greatness and Prosperity of these rising and important States. It is with Infinite pleasure that I think I have observed, such Ideas, succeeding rapidly, to those of Chicane, which so strongly marked, the Councils as well as Manners of the People at large in the days of Paper and Depreciation -- from these considerations, I am led to form the most pleasing Augury of our future greatness and respectability among Nations, which has in a great measure dispelld those fears and Bodings of the evils, which a Joining of Interests among so many Sovereignties, United in one federal chain seemed to threaten. I am happy to think, that local Interests and prejudices will give way to a great and general good when clearly seen and well understood -- and prudently and constitutionally persued. These Sr. are in my Apprehension the grand objects of our general Council; a steady persuit of which without turning to the right or to the left, from local considerations, party animosity, partial views, or Corrupt Influence, will certainly guide the Vessel of the State to a Safe Anchorage, and reward the Pilots with the Estimation and approval of their fellow Citizens and the Admiration and respect of foreign Powers.
I am happy to Inform Yr. Excellency that a requisition to the States, on such principles as the federal constitution will Authorize if adopted, and on such liberal principles as I hope will facilitate if not insure the adoption, is now so far advanced as to be on the point of its passage through Congress, which will afford the means of Providing
Yr. Excellencys most obedt. and very Humb. Sert.
Theok. Bland
P.S. I have not yet received any answer from Sr. Guy Carleton to my letter which you were so obliging to Send in (6) -- shd. I receive it I shall certainly communicate its contents to Yr. Excelly. or shd. any letter come from him through yr. Hands directed to me Yr. Excelly. will be pleased to open & peruse it for yr. Satisfaction on the subject you mention. T.B.
RC (DLC: Washington Papers).
1 See Washington, Writings (Fitzpatrick), 26:274-75, 285-91.
2 See Committee of Congress to Washington, March 25, 1783 .
3 See the following entry, note 1.
4 Bland undoubtedly prepared this letter before the committee received Morris' letter of April 14 to which they responded later this day. Ibid.
5 Following the passage of a funding plan on April l8, this committee was reappointed on April 21 to respond to a letter from Washington of April 18, James Madison replacing Oliver Wolcott who had just departed Philadelphia. Although the new committee's report was entered in the journals under April 23, Charles Thomson's docket on that report and his entry in the committee book indicates that it was delivered and read April 22. See JCC, 24:269-71; and PCC, item 19, 4:391-94, item 186, fol. 95.
6 See Bland's second letter to Washington, March 22, 1783 .
The Committee have been Honord with yours of the 14th Inst.(1) and as they are under some embarrassment to report on the Subject of the
I have the Honor to be with perfect Respect, by order of the Committee, Sir, your most obedient Servant
(Sign'd) Theok. Bland(2)
Tr (DNA: PCC, item 137).
1 Before receiving Morris' letter, the committee had met with the superintendent on the 9th "relative to certain propositions contained in Genl. Washington's letter to Colo Bland," for which see Committee of Congress to Washington, March 25, 1783, note 5. Although Morris took the matter under advisement, he reported on the 14th that it was "utterly impractible" to raise the estimated $750,000 needed for three months pay, given the poor performance of the states in meeting their obligations, and that the only real alternative was "to risk a large Paper Anticipation." While Morris considered "issuing my Notes to the required amount," he did not think he should be expected to put himself in "so desperate a Situation." See Morris, Papers (Ferguson), 7:682-83, 701-2.
2 Bland also had "a Long Conference" with Morris this day, after which the superintendent prepared a letter informing the committee that he did not expect to command resources "more than sufficient to comply with the engagements already taken as they fall due." See ibid., pp. 707, 711-12. See also the preceding entry.
I wrote you two days ago(1) & have little now to add. I am yet without information from home, which you will easily believe I am extreemly anxious & impatient to receive.
The enclosed newspaper shows that they are much less satisfied with the Peace in Great Britain than we are & they have much less reason to be -- after you have read it I wish you to send it with my compliments to Mr. Hinsdale to whom I know it will be highly amusing. All our prisoners in the hands of the British are set at liberty -- & an order yesterday passed in Congress to release all the British prisoners in our hands. I expect the British will in a few weeks leave New York & that our Army will then be disbanded. The Proclamation of peace is to be
I am, with proper remembrance to all, your Very affectionate,
O. E.
Tr (CtHi: Ellsworth Papers).
1 In his April 14 letter to Abigail, Oliver had written:
"Should I hear, as I hope I shall that you & the little ones are all well it will add greatly to the joy I feel in common with others on the arrival of Peace, which is come at last on terms equal to our most sanguine hopes, & demands our most grateful acknowledgements to the supreme being. It is a great addition[al] pleasure which I feel from the return of peace that I shall now be more at liberty to pursue my own inclinations & discharge the pleasing duties I owe to my little family. Until the Storm was over I could not quit the Ship or desert any post to which I was called for the publick safety, but I have now no ambition left equal to that of spending my time in a little domestick circle. A few more books, I reflect, will be very convenient & these with some other little articles of furniture I shall endeavour to get here or at New York on my way home. And if there is any thing in particular which you wish for that can be obtained here better than at Hartford I shall endeavour to obtain it. Goods of all kinds now are becoming plenty & cheap enough. I have already proceeded so far in trading as to buy me a suit of cloths & sell my old horse." Ellsworth Papers, CtHi.
I did Expect to have left this place by the first of April, and that one of my Collegues would have taken my place by that time, the Business of Devising means for the Establishment of public Credit, satisfying the Army, and other Creditors of the United States has been some months under Consideration. Many and great difficulties attend a work of this kind, and as it appears to be of the Greatest Consequence that something should be done to answer that purpose, and as the Vote of our State might be absolutely Necessary to Carry it, I have been induced to Continue here to this time much against my private Interest. It is got near to a close, and I hope to day or tomorrow we shall have the Question on it,(1) after which, as the war is brought to a happy Conclusion, nothing shall Induce me to Continue here under my Embarrassments Scarsely a Single day.
I shall go by way of Elizabethtown, and if I find there is no obstruction or impropriety, shall proceed to my former home on Long Island.
My last Letters from my Son informs me that he Continued in a bad state of health and did not Expect to get much better untill the Weather grows warm.
We have no Accounts from New York that Determines when Genl. Carlton will leave that place, that we may once more be in possession of the whole State; only understand that he is making preparations for
Departure. I have heard that Mr. Benson has been in to Confer with Genl. Carlton on the Subject; by him I expect your Excellency will be better informed of that matter than we are. However, I am very clear, that it cannot be many weeks before I shall have the pleasure of Congratulating your Excellency on being in possession of our Capital.
My Daughters Joyn me in our best Respects to Mrs. Clinton, and am, Sir, Your Excellencys most Obedt and humble Servt.
Reprinted from Clinton, Papers (Hastings), 8:138-39.
1 Floyd was referring to the revenue plan designed to restore public credit which was adopted on April 18 and transmitted to the states with an April 26 "address" from Congress. New York's vote was negated by the division of Alexander Hamilton (no) and Floyd (yes). JCC, 24:256-61, 277-83.
I have lately been favor'd with an address of yours, without date, therefore, am not able to determine how well you regarded your promise, but it wou'd be difficult to convince me, that you do not always strictly adhere to the same.
I have my expectations raised, respecting your publication,(1) which you are pleased to mention, for if I form a judgement from the opinion I have of the author, I should suppose it will answer very valuable purposes; & the publication of Peace I believe will reach you, before I shall be favor'd with your performance. The brass case you mentioned contained little more than we had received before; but no doubt dispatches appearing in such a formal manner ought to be forwarded immediately, especially in a time of war.
We have now to contend with a large national debt & little money to pay or funds to secure payment, yet you think "requisitions" will do better than "Congressional taxes." I shou'd differ from you in opinion if the latter was Constitutional, but is it not our duty to recommend to the several states what we are convinced is most for the ease & benifit of the good people, 'tho' it is not in the method pointed out by the <Constitution> Confederal Union. If they don't think so, they will not comply with the measures, but the time may soon come when they will be convinced, that they can't pay this debt, nor do justice to their creditors, without an impost & excise, & that the laws of the several states ought to be similar for manifest reasons; but I find there will be different opinions, respecting the meeting of such comittees, as you are pleased to mention, whether that method will be strictly Constitutional; but your opinion had so far engaged my attention, that I had like not to have congratulated you on the return of Peace, which I
most heartily do, & what adds to this happy & glorious event, is that we have obtained all that cou'd reasonably be expected. I don't know any one man, that I think, this Country is under greater obligations to than our worthy friend Mr. J. Adams, I am not unacquainted with the situation he has been in, in his negociations both in Holland & France, & I suspect you are not altogether a stranger to the difficulties he has had to encounter; we may expect his return in June next, 'tho' Congress have not yet accepted his resignation. Mr. Laurens & Mr. Dana has leave to return at their request, Mr. Jefferson is not to proceed. Two days since I observed a letter directed to Dr. Lee, which direction I suppos'd to be in your hand writing & I immediately forwarded it to him, as the Dr. is returned home. I am, &c
FC (DLC: Holten Papers). In the hand of Samuel Holten.
1 Presumably Gordon's promised history of the American Revolution, which was eventually published in four volumes under the title The History of the Rise, Progress, and Establishment, of the Independence of the United States of America....(London: Printed for the Author, 1788).
The particular respect shown me when at your house, on my Journey, is not forgot by me, & for which I consider myself under obligations.
I have now oppertunity to congratulate you, as I wish to do every sincere friend to Our Country, on the return of Peace, & what adds to this happy & glorious event, is that we have obtained all that could reasonably have been expected; but we have yet difficulties to encounter, a large national debt & but little money to pay, or funds to secure payment. It is my opinion, that imposts & excises must be complied with, for a given time. The common mode of taxation will not answer the purpose, the land is too high taxed already, the Small farmers can't live & pay their taxes, & it wou'd be the want of policy if (not unjust) in our present circumstances, to drive the good people to pay what they are not able & can't do in justice to their families, & after they have so lately made so many exertions against the Common enemy.
We have no intelligence here that deserves your notice, more than what is contained in the public prints. I am, with great respect, your most obedient servant.
FC (DLC: Samuel Holten Papers). In the hand of Samuel Holten. Addressed: "Colo. Joseph Reed." Apparently Joseph Read of Uxbridge, Mass., formerly colonel of the 13th Continental regiment of the Massachusetts Line.
Mr. Hamilton acknowledged that he began to view the obligation of the pro[visiona] l Treaty in a different light and in consequence wished to vary the direction to the Commander in cheif as his motion on the Journal states.(1)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:466.
1 For the failure of Hamilton's motion this day, see JCC, 24:252-53. For his explanation of the two resolutions Congress had adopted the 15th "relative to the restoration of the British Prisoners and to making arrangements for the surrender of the posts in the possession of the British," see Hamilton to Washington, April 15. See also Madison's Notes, April 14 and 15, 1783 .
The undersigned delegates in Congress from the State of North-Carolina beg leave to represent, that some time in the year 1780 application was made by the honourable Abner Nash esquire then Governor of the State of North-Carolina to the British Commandant at Charlestown for leave to send cloathing and other articles which might be acceptable and afford relief to the North-Carolina prisoners who were confined there; That leave for that purpose was obtained from General Patterson the then British Commandant as appears by two letters which we have the honour to lay before Congress.
That in consequence of such permission a Flag schooner, called the Adventure, loaded with thirty six hogsheads of tobacco and sundry other articles, having on board some British prisoners of war, sailed from Beaufort in North Carolina on the 9th of June 1781 for Charlestown (This was the third vessel that had been sent with similar supplies the two first were properly recieved) That on the 20 of the said month, near the bar of Charlestown, the said Schooner was seized by a British ship of war, the Cormorant; and sent into the harbour no regard being paid to the Flag under which she sailed nor the permission that had been granted; and altho complaint thereof was made to the Commandant (who we believe on enquiry will be found to have highly disapproved the seizure) yet no part of the Schooner or her cargo was recovered.
The Delegates are persuaded that by the original and other authenticated papers which they have the honour to lay before Congress 1 it will fully appear that the whole proceedings in this business were, on the part of the State, fair and Candid incapable of any possible consrtuction
Wherefore the Delegates, in persuance of their instructions, request, that Congress would be pleased to direct the Secretary for foreign affairs to forward the necessary documents to the British General and Admiral at New York and Claim compensation for the said vessel and cargo.(2) Benjamin Hawkins
Hu Williamson
RC (DNA: PCC, item 43). Written by Hawkins and signed by Hawkins and Williamson. Endorsed: "Representation of the Delegates of No. Carolina respectg a flag sent by the State to Charlestown & Captured by the Cormorant. Laid before Congress April 16th 1783 -- referred to Mr Gorham, Mr Fitzsimmons, Mr Holten. Acted on May 1st 1783."
1 These eleven documents pertaining to the seizure of the Endeavour, not Adventure as stated by Hawkins, are in PCC, item 76, fols. 7-35.
2 For the disposition of this case, see JCC, 24:318; and North Carolina Delegates to Alexander Martin, June 17, 1783.
I sent you by an Express (1) our Proclamation for the Cessation of Hostilities, which is proclaimed here in Form this Day. The Proclamation for Peace at New York you mention, was no more. Altho' Peace is really taken Place yet it cannot be proclaimed till we recieve the definitive Treaty, which we expect every Day. Last Night we had advices of a Vessel being arrived at Boston from France in 20 Days, perhaps we may have News by her. We also expect to hear in a few Days from Sr. Guy when he is to leave NYork. You will percieve that the King of Britain in his Answer to the address of the Lords, says he is determined faithfully to execute every article of the Treaty.
I fancy all the british Prisoners will be discharged this week.
I have not heard from Elisha but rejoice in his having an addition to his family, altho' I think the Family rage of Girls, very Extraordinary.(2)
I also join with her Excy.(3) & the rest of the Family in sincerely congratulating you on the happy success you have met with in the addition to your Family, especially as it is of the Male kind, and as all rejoicings are put off till the definitive Treaty, beg you will not trouble Martin to bring it with him till then -- but on second Thought, as I know your fondness for Peace, and the great desire you will have to testify some external signs of Joy and how difficult that is with an empty concavity, and that there is no filling vacuums without materials, which are very difficult to be obtained at the ridge, I beg you will in my Name, but for your own Use, adorn your Board with all the Male & Female generation,
Your last Letter has lessened your Character here greatly as being neither a Farmer, nor Hog Raiser. Her E. having as she says predicted all those dreadfull Evills that have happened from your want of Skill, Knowledge & Understanding in the Trade, Art & Mystery of Pig Feeding, tho' she fully & plainly anounced the possibility, probability & Certainty of the prolific Nature of the female unlawful Animal whereby you might have added roasters to your joy on the day of your eating & drinking in your younger Brothers House. I hope you wont sell the old Stack of Hay to Mr Van Zandt, as it will be worth haling to Morris Town & only decieve him. I would not let Mr B. have it without the Cash -- it had better be fed out in the dung yard. He once charged me with Dicks borrowing a Yoke of his & breaking the wood part of it, which might have been made in half a Day & never cost more than 4 or 5/ -- but at the same time having borrowed our large Iron Kettle & broke off one of the feet, on being told if I paid for one, he must pay for the other, I never heard more of it -- and the payment in Hay, never thought of untill this Occasion, as it was well [...] I never before this winter had Hay to dispose of, and [that] was three Years ago. I would rather you should delay renting the Lott a few days, then rent it to Lewis unless he would pay the rent at once. May be you may yet stay there all Summer, and want it yourself. You can however mention the possibility & that rather than rent it on any uncertainty you will keep it. Perhaps Mrs. Morton may rent or sell her Farm, & then it would suit the Purchaser better than any body.
Sister remains here very low, having had a relapse. As to the Horses I wish to sell them all, as I shall purchase a pair here to go home with & Horses are becoming cheap. I wish to know your determination, about going to N Rochelle that Hanny may prepare to go to the Ridge in Time.
I am Dr Sir, Yours &c
RC (PHi: Boudinot Papers).
1 Not found.
2 See Boudinot to Elisha Boudinot, April 22, 1783, note .
3 That is, Boudinot's wife, Hannah.
Mr. M[adison] with the permission of the Come. on Revenue, reported the following clause to be added to the 10 in the first report(1) viz
"And to the end that convenient provision may be made for determining in all such cases, how far the expences may have been reasonable, as well with respect to the object thereof as to the means for accomplishing it, thirteen Commissioners namely one out of each State, shall be appointed by Congress, any seven of whom (having first taken an oath for the faithful & impartial execution of their trust) who shall concur in the same opinion, shall be empowered to determine finally on the reasonableness of all claims for expences incurred by particular States as aforesaid: And in order that such determinations may be expedited as much as possible, the Commissioners now in appointment for adjusting accts. between the U. S. and individual States, shall be instructed to examine all such claims & report to Congs. such of them as shall be supported by satisfactory proofs, distinguishing in their reports the objects and measures in which the expences shall have been incurred; provided that no balances which may be found due under this regulation or the Resolutions of the day of shall be deducted out of the preceding Revenues; but shall be discharged by separate requisitions to be made on the States for that purpose."
In support of this proposition it was argued that in a general provision for public debts and public tranquility, satisfactory measures ought to be taken on a point wch. many of the States had so much at heart, & which they wd. not separate from the other matters proposed by Congress: that the nature of the business was unfit for the decision of Congs. who brought with them the spirit of advocates rather than of Judges, and besides required more time than could be spared for it.
On the opposite side some contended that the accts. between U. S. & particular States sd. not be made in any manner to encumber those between the former and private persons -- Others thought that Congs. could not delegate to Comrs. a power of allowing claims for which the Confedon. reqd. nine States -- Others were unwilling to open so wide a door for claims on the Common Treasury.
On the question Masts. divided, Cont. ay, R. Id. no, N.Y. no, N.J. no, Pa. no, Maryd. no, Va. ay, N.C. no, S.C. no.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:469.
1Although he reported here that he was delivering this amendment "with the permission" of the committee which prepared the revenue plan submitted March 6, Madison was apparently submitting it as a minority report. For the report at issue, see Madison's Notes, March 6-7, where the article Madison wished to amend appears as number 11. This article had become number 10 when article 5 of the report had been recommitted on March 27.
There is no mention in the journals of this attempt by Madison to amend the committee's revenue report, but for the debate on another article of the plan adopted by Congress the following day, see JCC, 24:254-55.
The undersigned Delegates from the State of Rhode-Island and Providence Plantations having recieved a Resolution of the Assembly of said State directing them to lay before Congress certain Accounts(1) therewith transmitted do now present the same for Consideration & direction.
They also request the Attention of Congress to the other papers herewith presented -- which respect the depreciation of wages of the Officers of a Brigade of Troops raised by sd. State for the term of Twelve Months and for the Common defence, the raising of which was Approbated by Congress. And,
That Congress will also take into Consideration the subject matter of a Letter to the President of Congress from the director of the Public Military Hospitals in sd. State(2) -- dated Feb 5th and recd. & read in Congress March 12th 1781, and referred to the Board of Treasury, but upon which no determination appears to have been had.
Being informed that the Commissioner appointed to settle the Accounts between the United States and the said State -- is about to enter on that business -- the sd Delegates concieve it necessary that Congress should consider & decide on the foregoing -- previous to such settlement.(3) John Collins
Jona Arnold
RC (DNA: PCC, item 42). Written by Arnold and signed by Arnold and Collins.
1 This assembly resolution, requesting payment of "the accounts of Major Josiah Flagg and Josiah Flagg, Jr., for their services in the department of the commissary of military stores," is in Bartlett, Records of R. I., 9:655.
2 That is, Dr. Jonathan Arnold himself, whose letter is in PCC, item 78, 1:399-400. See also JCC, 19:253.
3 This memorial was read on April 22 and referred to a committee consisting of Oliver Ellsworth, John Lewis Gervais, and Hugh Williamson, which reported on May 12, 1783, but Congress adopted only its recommendation denying depreciation pay for the officers of the twelve months brigade raised by Rhode Island in 1779. The commissary of military stores accounts were simply "referred to the Secretary at War to report thereon," although he had already recommended them for payment, and Arnold's accounts
Application was made from Council of Pa. for determination of Congs. as to the effect of the acts terminating hostilities, on Acts to be inforced during the war. Congs. declined giving any opinion.(1)
The motion of Mr. Bland (2) raised a long debate. In favor of the motion it was urged by Mr. Rutlidge that the proposed Cession of Va. ought to be previously considered & disallowed; that otherwise a renewal of the recomendation wd. be offensive; that it was possible the Cession might be accepted in which case the renewal wd. be improper. Virga. he observed alone could be alluded to as having complied in part only.
Mr. Wilson went largely into the subject. He said If the investigation of right was to be considered, the U.S. ought rather to make cessions to individual States then receive Cessions from them, the extent of the Territory ceded by the Treaty being larger than all the States put together; that when the claims of the states come to be limited on principles of right, the Alleghany Mountains would appear to be the true boundary -- this could be established without difficulty before any Court -- or the Tribunal of the World. He thought however policy reqd. that such a boundary sd. be established as wd. give to the Atlantic States access to the Western Waters. If accomodation was the object, the clause ought by no means to be struck out. The Cession of Virga. could never be accepted because it guaranteed the country as far as the Ohio, which never belonged to Virga. [here he was called to order by Mr. Jones].(3) The question he sd. must be decided. The indecision of Congs. had been hurtful to the interests of U. S. If compliance of Va. was to be sought she ought to be urged to comply fully.
For the vote see Journal.(4)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:471.
1 For this "Application" and its context, see Thomas FitzSimons to John Dickinson, April 12, 1783.
2 Madison later interlined at this point: "for striking out recommendation to States which had agreed to cede territory to revise & compleat their Cessions."
3 Brackets by Madison.
4 See JCC, 24:256-57. Madison later added: "in the affirmative, with exception of Virga. & S. Carol."
The Motion of Mr. Hamilton 2ded by Mr. M[adison] to annex to plan of the 18, the part omitted relating to expences incurred by States -- on the question N.York, Pena. & Virga. alone were in the affirmative. Con[necticu]t not present.(1)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:477.
1 There is no mention of this motion or vote in the journals. For "the part omitted [from Madison's March 6 revenue report] relating to expences incurred by States," which Madison had also attempted to salvage on the 17th, see Madison's Notes, April 17, 1783.
I duly recd your favr. of the 17th and do again most sincerely rejoice with you on the kindness of divine Providence towards you. The Health of our Sister on this Occasion increases the Cause for Joy & thankfulness.(1)
I will speak to Mr F. & acquaint you with his directions as to Mr Crane, his Conduct in denying the Bond has alarmed me much, as I am clear it was not the effect of forgetfulness, as it is but a little before my leaving home, that I conversed with him about the Payment. If he will give you satisfactory Security & pay the Interest, you may accept it, otherwise I must beg you will proceed. I do not want the principal immediately.
I am in doubt about T. Balls Bond, and will leave it till I see you. Monsr Viellon's Cause is to be tried to morrow -- the poor fellow is almost crazy & if he looses it, I am afraid he will destroy himself, as he is poor beyond Measure.
Your Sister & Susan join me in kind Love to your Rib & Mrs.
Smith. Kiss the little Stranger for us. I had forgot to tell you that Sir Guy will go more speedily that you suppose. I am my Dr Brother, Yours Afftly,
E.B.
[P.S.] I desire Dickey to speak to you about his being with you this Summer. If he is not kept close at writing the Common Business of an Office, and that very speedily, he will never be a Man of Business. He wants it more than Study, and indeed it is absolutely necessary. His Mama I suppose will write you on the Subject, I am clearly of opinion that the measure as to some Office where there is a good deal of Business, is indispensable. You did not let me know how the Costs in Stevens's Detainer was determined.
I enclose a Bill agt Edwd Lewis's adj Mr. Franklin. Have long endeavoured to take one of them, but they keep close. I cannot attend to it, therefore take it & I think you had best issue a Summons, & they have Estate enough particularly the young Man. There have been 3 writs issued & retd. y[our] E!
RC (PPPrHi: Boudinot Papers).
1 Boudinot had also sent Elisha the following brief letter of congratulations on April 16.
"By a Letter per Post from Mr Pintard we had the agreeable News of the addition to your Family by the arrival of another Daughter. God grant you much Comfort with all these little Tyes to the World. May they all be trained up for the regions of Immortality & Blessedness. Our kind Love to Sister & present our cordial Congratulations on this joyfull Occasion. It is much heightened by the Olive Branch of Peace that is at the same Time waving o'er our Land. How comes it that you are so tenacious of Girls. It seems to be the rage of our Family. I think it is now Time to put about, and let us have one Male to three Females at least. I sent you our Proclamation for the Cessation of Hostilities, by an Express.
"Sister Stockton lies here very ill." Thorne Boudinot Collection, NjP.
I highly approve your Plan of rejoicing, illuminating &c &c. upon Condition that you do literally fulfill your proposed plan, of firing "The Buildings & the Contents" as this would fully prove you a determined & resolute Whig and entitle you to equal Canonization with King Taminy, who when advanced in Age, and expected at a Treaty held in this City with the Indians, finding himself weary with the Journey and not able to travel farther, stopped in a wigwam near Grme Park and fastening all the avenues to it, set fire to the Wigwam and burned it up "with the Contents". Now after you perform so heroical an Act, you also shall be dubbed St. Lewes. I hope you will not insist on the Madam's turning Bramin & attending her Husband on the furneral Pile. Pray also send Old Mama to wait on the Madam, lest she should shew her Whiggism too. The little Prince must also be excepted.
You have sold the Stack of Hay well, but am afraid they will [not?...] at Morris Town for a Jew. As to Henry Breene the less you have to do with him the better. It can but be lossed at the worst, and that will assuredly be the Case if he has it.
I should not choose the Horses should be sent to Burrows at the Price he asks; as if you leave Baskinridge, it will be hard if we cannot get somebody to take them for their work. However I leave it to you. I should think I could get £20 -- in Cash a piece, perhaps on 6 Months Credit something more. But I am determined to take what can be got. The Cash would be best, if under price.
As to the Lands, I can see no need to sell them unless they will bring at least 40/ per Acre, some of them I would not take under £10 per Acre. They are Lands of the highest Quality. When you want the Cash I have a number of Bonds & Mortgages of Ld. Drummonds that I will call in & pay your Debt. As to the Wines, they will be all confiscated, and your only remedy will be an Application to the Legislature on the circumstances of the Case, and these are not favourable, as they are the Property of Thompson. You had best have them assigned to you in Security for the Debt & Ship them immediately to this City, before the Evacuation. Auth can do this in your Name -- and you can be here to recieve them. I have got a Letter from Marsden also. I wish to see you on his Acct. If you go in, Permission must be had from Govr Livingston. If you should go, you had best see me first. Sir Guy has applied to Congress to send in Commrs. to superintend the evacuation &c as he is preparing.(1) He wishes to have it known that the Articles of the Peace is fully complied with. Mr. Forman is in New York. If you purchase a Vessel she must be sent away previous to the Evacuation. I wish Cong. was able to get a Pipe a piece &c. -- but they think they do great Things to get good Cyder. As to my Brother C. I believe it hurts the finer strings of his Heart to see too much Luxury.
A Vessel arrived here express from France this day. Her Passage 35 Days; but brings no News that has come to hand as yet.
Mrs. B. & S. join in Love &c. Patty sends her Love & Duty tho' greatly mortified that she does not hear from you.
Am Dr Sir, Yours Afftly, E B
[P.S.] Mrs. B. sent by Jacob Morton some few Things for Prince as he is not to be canonized.
RC (PHi: Boudinot Papers).
1 An April 14 letter from Sir Guy Carleton to Robert R. Livingston -- recommending the appointment of commissioners to assist in implementing "the seventh article of the Provisional Treaty" concerning the evacuation of New York "without causing any destruction, or carrying away any negroes or other property of the American inhabitants" -- was referred to a committee of Congress this day. Its recommendation -- to refer the matter to the commander-in-chief to "take such measures...as to him shall seem expedient" -- was adopted April 24. As a meeting between Washington and Carleton had already been scheduled for May 6, the subject was merely placed on the agenda of that conference, and in the aftermath Washington appointed Egbert Benson, Daniel Parker, and William Stephens Smith "to carry fully into execution, the [April 24] Instructions of Congress." See JCC, 24:274; PCC, item 78, 6:171-73; Wharton, Diplomatic Correspondence, 6:377; and Washington, Writings (Fitzpatrick), 26:402-14.
Your favor of the 14 inst. written on the Susquehanna with the several letters inclosed were safely delivered to me. I did not fail to present
The report on funds &c. passed Congress on Saturday last (5) with the dissent of R. Island and the division of N. York only. The latter vote was lost by the rigid adherence of Mr. Hamilton to a plan which he supposed more perfect. The clause providing for unauthorized expenditures, could not be reinstated, and consequently no attempt was made to link all the parts of the act inseparably together. As it now stands it has I fear no bait for Virga. which is not particularly interested either in the object or mode of the revenues recommended, nor in the territorial cessions, nor in the change of the constitutional rule of dividing the public burdens. A respect for justice, good faith & national honor is the only consideration which can obtain her compliance.
We have recd. no intelligence from abroad which deserves to be noted, since your departure. The interval between the preliminary & definitive Treaties has produced several nice & interesting questions. One is whether laws prohibiting commerce with British Ports during the war, have expired with the cessation of Hostilities. A similar one is whether the soldiers enlisted for the war are entitled to a discharge. At least half of the army under Genl. Washington are under this description and are urgent for such a construction of their engagements. A third question is whether the preliminary treaty beween F. & G. B. has given such effect to the provisional articles between the latter & the U. S. as to require an execution of the stipulations in the 6 & 7 artcs. or whether a definitive Treaty only can produce this effect.
The system for foreign affairs is not yet digested: and I apprehend will be long on the anvil, unless the actual return of our Ministers from Europe should stimulate Congs. on the subject.
I am charged with many compliments from the whole family for yourself & Miss Patsy, which you will accept with an assurance of sincere friendship from
Yr Obt. & Hbl servt. J. Madison Jr.
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:481-82.
1 That is, "Kitty," Catherine Floyd.
2 Words printed in braces in this text were written by Madison in a variation of the official Virginia cipher.
3 That is, November 1, 1783.
4 For Madison's attempt fifty years later to obliterate from this letter the enciphered passage relating to his brief engagement to Kitty Floyd, daughter of New York delegate William Floyd, see Irving Brant, James Madison, 6 vols. (Indianapolis: Bobbs-Merrill, 1941-61), 2:284, and illustration opposite p. 223.
5 Actually the preceding Friday, April 18, for which see JCC, 24:257-62.
The mail of yesterday like the preceding one broungt [brought] no letter from you.
I just understand that a Frigate from France is at Chester, but what intelligence she brings & particularly whether she brings a definitive peace is unknown. Several interesting questions are raised on the Preliminary Treaty. First whether laws prohibiting British Commerce & which were to be in force during the war are repealed or not? Another of a similar nature is whether the enlistments for the war are to be terminated by the latter or former Treaty? Half the army under Genl. Washington is computed to be interested in this question.
The Report for establishing a Revenue &c. passed Congs. on Saturday. It has been defalcated of several clauses which were material, and which would have touched in particular the supposed interest of Virga. Mr. Jefferson carried with him a copy of the plan as originally reported, and as it stood when he left us. It has undergone no material variation from the latter stage of it.
RC (DLC: Madison Papers). In Madison's hand, though not signed. Madison, Papers (Hutchinson), 6:483.
The act of cession made by the Commonwealth of Virginia on the 2d day of Jany 1781 in consequence of the recommendation of Congress of 6 Sept 1780, and which was lodged among the files of Congress, having passed through the hands of many of the members is mislaid & cannot be found, I shall therefore be much obliged if you will order an Authentic copy to be made out & transmitted to this Office.(1)
I have the honor to be, with much respect, Your Excellency's most obedt & most humble Servt, Chas. Thomson.
RC (PHi: Society Collection).
1 For the congressional reception of this Virginia act of cession, see these Letters, 16:651n.3.
Your two Favors of April 5th & 12th (1) came both to hand by yesterdays Post. Little Interesting has happend Since our last, except that Congress have agreed to a Modification of the Recommendation to the States, for Vesting in Congress a revenue adequate to the funding the Public Debt -- which being limited in its duration, and divested of some other exceptionable conditions, containd in the former requisition -- We anxiously hope will for the Public good, and our National Honor & Credit be speedily and generally complied with by the States. A Frigate (the Active) arrived last night from France, at Chester -- her dispatches are not yet come up. We hope in our next to Inform your Excelly. of their Contents. We shall endeavor to procure your Excelly. a Copy of the recommendation above mentiond -- but if disappointed in this -- we expect you will soon receive it officially from Congress.(2) The Comr. in Chief and the Secy. at War have orders to make arrangements with Sr. Guy Carleton for receiving possession of the Posts occupied by the British in the United States, and for delivering up the land Prisoners in our possession -- the Naval ones on both Sides are already set at Liberty. We are sorry to add that late advices from New York inform us that no steps are taken there which Indicate a Speedy evacuation of that Place. We are with perfect respect, Yr. Excellys. most obedt. Sevts.
J. Madison Jr
Theok. Bland
P.S. Since the above Sr. G. Carleton has written to Congress, to request some person or persons may be sent to N. York to take possession of the Negroes & Publick property in conformity to the 7th article of the Preliminary Articles.(3)
RC (Vi: Continental Congress Papers). Written by Bland and signed by Bland and Madison. Madison, Papers (Hutchinson), 6:478-79.
1 Harrison's letter of April 5 has not been found, but for that of the 12th, see ibid., p. 455.
2 See Elias Boudinot to the States, May 9, 1783 .
3 See Boudinot to Lewis Pintard, this date, note .
I had the honor of receiving your Excellency's Favour of the 28 Jan'y three Days ago.(1) The terms of it were too flattering as well as the essential service offered this grateful Country by your Excellency, have been too important not to command the utmost attention to your very reasonable request.
I did not hesitate immediately to consult the Minister of War and to give express directions for the forwarding to your Excellency by the ship St L____(2) (a Continental Ship lent to the Minister of France for transporting the French Legions to France) the two field pieces that are to remain as lasting memorials of your Excellency's valuable services to the United States of America, and their great sense of the exalted merit & bravery of the Comte de Grasse.(3)
May God Almighty take you under his kind protection and long preserve you an illustrious blessing to your Royal Master & the Nation over which he reigns with so much glory.
I have the honor to be &c. E Boudinot Esq.
MS not found; reprinted from Boudinot, Life and Letters, 1:319-20.
1 De Grasse's letter is not in PCC.
2 That is, the Duc de Lauzun, for which see Committee of Congress to Robert Morris, April 14, 1783.
3 For Congress' October 29, 1781, resolutions thanking de Grasse and the comte de Rochambeau for their contributions to the capture of Cornwallis' army at Yorktown, and award to each of "two pieces of the field ordnance, taken from the British army under the capitulation," see JCC, 21:1081-82. See also Boudinot's letters of June 14, 1783, to de Grasse and to George Washington .
Mr. Lyman in his letter of the 14th of this month informd me that he had heard a few days before that my little family were all well. This was some satisfaction to me, but you will easily beleive not all that I wanted; I hope a Letter from under your own hand, by the next post will releive me from my anxiety & give me information that will make me happy.(1)
Nabby I suppose is now with you -- & I hope she helps mamma as much as she can & that she will be a good Girl while Daddy comes home when he will not forget to bring her some very fine thing. As for the poor little boy stubbing about & finding Daddy's old Shooks I shall remember him also & bring him a new hat & now send him a picture. I hope you find every body about you kind & ready to do for
you all in their power. As for my own part I can only wish you well, & in this point of duty I certainly am not deficient.
Our Hartford acquaintance here I see almost every day -- they are all well & frequently enquiring after you, & it will be a great pleasure to them I doubt not to have so good an account of you as I hope it will soon be in my power to give them.
I went last evening to Mr. Laws singing entertainment which was performed before a great concourse of people assembled upon a general invitation. The performance was decent & a considerable improvement on the singing here; but not equal to what we have in many parishes in Connecticut. He has not met with proper encouragement -- his schollars are but few -- the young folks here are more fond of dancing than singing -- & many of the old ones who care any thing about publick worship are alarmed at the Idea of admitting new tunes & a brisker air.
By the time this reaches you I suppose you will begin to think of gardening. Bissel with a little of your direction will I dare say well perform all that is necessary in that branch. Let him put a little manure on the beads he makes in the new ground & in the hills he plants. The few seeds I sent I hope you have recd. If the time I spend in walking for my health could be employed in making you an elegant garden it would please me much better.
Most of the Tories are gone from New York to the cold region of Nova Scotia which their royal master has provided for them. The British Troops are also beginning to ship their effects & will I hope in a few weeks take their final leave of us. I can hardly realize it that the war is over, tho' I had long expected it & from my knowledge of the State of publick affairs was convinced that the war could not continue much longer. You will remember me to mother & all other friends & beleive me to be with the tenderest affection your O.E.
RC (Ct: Miscellaneous Manuscripts).
1 In a May 7 letter to Abigail, Ellsworth wrote of his joy on learning of the birth of their son: "I hope to hear it yet once more, & that from under your own hand, & that you will tell me also something about this new comer, how he looks & how he conducts. I hope he will not prove very troublesome especially nights, & that I shall find him a very good boy when I come. As to my other poor little boy I think much about him & more so as I suppose you are obliged pretty much to neglect him. If I was at home I should be very happy to divide the babies with you, at least the trouble of taking care of them for I fear you have more than your hands full." Ellsworth Papers, CtHi.
I hope you got safe home, & found your family well; & your self also in better health than is possible to be enjoyed in the fog of this city.
Your recess from business, after long confinement, must, I think, affoard you some pleasure, & to see the fruits of your labors, peace & independance, much more.
Congress, since you left it, has ratifyed the provisional treaty & ordered the prisoners to be released, & also that the publick Horses & other now useless property be sold; & have passd the report on revenue with the alteration of the duty on Salt to 5 Per Ct. & the Duty on all wines, except Mideira which stands at 12/90, to 6/90 of a Dollar.
We hear nothing more yet of the Definitive Treaty. Late private letters from Europe mention that preliminaries were not signed by the Dutch, but that they had at last recd. such offers from the british as the french court advised them to accept & there was no doubt but they would, also that they had appointed a Mr Van Bercle, their Ambassador to these States. A letter has been recd. from Mr. Dana at Petersburg of the 15th of Jany. He had not then assumed a publick character nor made any advances towards a treaty of commeree, nor indeed could make any to purpose till he should first pave the way according to the nigardly custom of that court, with about £10,000 Sterlg in presents to her ministers. He also thot. it very probable that a war would take place between Russia & the Porte, on account of the Khan of the Crimea who had been deposed by the Tartars of that Independancy.
Sir Guy Carleton has written to Congress to appoint a person to attend at N York to see the 7th article of the treaty relating to American property duly observed, as he expects soon to begin an embarcation. The Tories are mostly gone from there to Nova-Scotia, cursing their King all the way.
I enclose you some newspapers & two letters brot. for you by the last eastern post. Col. Dyer I suppose is well -- with Mrs. Trumbul & his new Span(1) & Doct. Holton as an aid, he set off last saturday for an airing to Wilmington & is not yet returned.
I shall be happy to hear from you. With Compliments to Mrs. Wolcott & your two Daughters, I am, Dear Sir, with much esteem, your obedt. Huml. Servt. Oliv Ellsworth
RC (CtHi: Oliver Wolcott, Jr., Papers).
1 That is, a pair of horses. OED.
I arrivd in Philadelphia this day (1) & had the honor of receiving your Commands of the 9th. Tho' we were exceedingly desirous of the assitance of Mr. Adams in what yet remains to be done in Europe; yet his
Letters were so pressing, that the Committee to whom they were referrd coud not resist reporting in favor of his resignation. Congress have not yet considerd that report; but I think, Madam, you may rely upon it, that leave will be given as he requests .(2)
I shall participate with you in the pleasure of his return, after so long a sacrifice as he has made to the peace & prosperity of His Country. Her gratitude will I hope never forget, the essential services he has renderd. A french frigate, that left France, the beginning of March, arrivd here two days since; but did not bring one line for Congress. We learn however, that the general Treaty was not then settled.
I have the honor to be with the truest sentiments of respect & esteem, Dear Madam, Yr. most Obedt. & most humbl. Servt.
Arthur Lee
RC (MHi: Adams Papers).
1 For Lee's recent trip to Virginia and return to Philadelphia, see James Madison to Edmund Randolph, April 1, 1783, note 5.
2 Congress had considered the committee's report on April 1, but had postponed accepting John Adams' resignation, for which see James Madison's Notes of Debates, April 1, note 7.
The resolution permitting the soldiers to retain their arms was passed at the recommendation of Genl. Washington. See letter in the files.(2)
The resolution for granting furloughs or discharges was a compromise(3) between those who wished to get rid of the expence of keeping the men in the field, and those, who thought it impolitic to disband the army whilst the British remained in the U. S.(4)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 6:486.
1 Immediately preceding this entry Madison wrote: "Teus Apl. 22, see Journal."
2 That is, Washington's April 18 letter to Congress recommending that the "non Commissd Officers and Soldiers [be permitted] to take with them as their own property, and as a Gratuity, the Arms and Accoutrements they now hold," which is in PCC, item 152, 11:219-226; and Washington, Writings (Fitzpatrick), 26:330-34.
3 For the adoption of these resolutions, see JCC, 24:269-70. See also Madison's Notes, May 20, 1783.
4 Following this paragraph, Madison made only the following brief entries in his notes before May 5.
"Apl. 24. See Journal.
"Friday 25 Apl. <No Congress.>
"Saturday April 26. Address to States passed nem. con. [It was drawn up by Mr. Madison: The address to Rd. Isd. referred to as No. 2 had been drawn up by Mr. Hamilton.]
"The writer of these notes absent till Monday May 5th."
It is clear from the physical evidence that the remarks printed here in brackets concerning the "Address" to the states were inserted by Madison at a later date.
We have the honour to Inclose Your Excellency a Copy of the Resolution passed on the fifteenth Instant relative to a Ratification of the Preliminary Treaty, the Reception of the posts in possession of the British troops, and the Surrender of the prisoners.(1)
We have this day Recd a Letter from Sir Guy Carleton proposing that Congress should appoint one or more persons to assist persons appointed by him to Superintend, all embarkations which shall take place towards an evacuation of New York, conformable to the Spirit of the 7th article of the Treaty, which will probably be Refered to the Commander in Chief.(2)
Mr. Benson has made to us the Communication directed by your Excellency;(3) it is possible Sir Guy's Reserve may have arisen from an unwillingness to enter into Stipulations with a particular State -- his present Letter has the air of Candour and good faith; but it is also possible there may be an intention of Delaying the Evacuation of the posts in hopes of influencing our measures with Respect to the British Adherents.
We also Communicate to your Excellency in Confidence, that there is a Doubt as to the true construction of the Preliminary Articles to wit: Whether the evacuation of the posts & the other matters mentioned in the 7th Article are to take place on the ratification of the preliminary; or Definitive treaty. This doubt, however, Congress are unwilling to bring into View; the measures taken by the enclosed Resolutions will bring Genl. Carleton to an Explanation -- perhaps the Ambiguity of Sir Guy's Conduct may be attributed to the same doubt.
There is a frigate arrived from France which left Rochefort the 14th March. She brings little more than we have already had. It seems the Dutch had not yet made their peace, but the Count de Vergennes Considers the terms last offered by England as Reasonable Enough; and it is, therefore, probable that Matter will soon have been brought to a close.
He adds that they are about the Definitive treatys which offer no Difficulty and are only Delayed by an Invitation given to the two Mediating powers to be parties to the Business, Russia and the Empire. The matter perhaps would have been as well done without them.
We have the Honour to be with perfect Respect Your Excellencys Most Obedt Servts, Wm Floyd.(4)
Alex Hamilton.
Clinton, Papers (Hastings), 8:153-55; FC (NHi: Duane Papers). In the hand of Alexander Hamilton with emendations by William Floyd.
1 See ibid., p. 155; and JCC, 24:241-43.
2 On April 24 Congress did refer Sir Guy Carleton's April 14 letter to General Washington with the directive "that he take such measures for carrying into effect the several matters therein mentioned, as to him shall seem expedient." JCC, 24:274.
3 Egbert Benson, acting under instructions from Governor Clinton, had journeyed to Philadelphia to brief the New York delegates on his recent conference with Sir Guy Carleton concerning the evacuation of New York City. Clinton, Papers (Hastings), 8:134-35, 139-44.
4 Floyd also wrote another letter to Clinton this date, of which only the following extract survives: "The Principle part of the Business which particularly kept me here so long is now got through [i.e., the revenue plan adopted April 18], and will in a few days be officially transmitted to your Excellency by the President." Burnett, Letters, 7:142n. And on April 29, just before leaving Philadelphia, he wrote the following note to Clinton: "Please to pay unto Mr. Egbert Benson the Sum of One hundred and fifty Dollars and Charge the Same to the account of Sir your most Obedt. and humble Servt., Wm. Floyd." Doheny Collection, CCamarSJ.
I have received your Plan 1 & so far as I have had Time to attend to it I am much pleased with it. I have only given it a cursory reading & there being a Comittee to consider of Peace Arrangements I have taken the Liberty to give your Scheme to a Member of that Committee.(2) This Gentleman will make a discreet Use of it & return it to me. I hope you will not be displeased with my Conduct.
I fear there will be much Difficulty in the Business of the Army as our Means of Sending them Home satisfied are small tho our Wishes are favourable & sincere. Our Circumstances afford an odd Contrast to those we have heretofore experienced. The Difficulty which heretofore oppress'd us was how to raise an Army. The one which now embarrasses is how to dissolve it. Every thing Congress can do for the Satisfaction of our deserving Soldiers will be done. But an empty Purse is a Bar to the Execution of the best Intentions. We have just under Consideration a Plan for establishing a Mint. All we want to put it in Execution is the necessary Metal. But this you will no Doubt think a trifling Impediment. Justice to our Creditors & alacrity in paying Taxes are the best Mines we can spring. But I fear we have not yet found the Vein in which those precious Ores are lodged. I have no material News. A Frigate arrived yesterday from France but she brings Nothing but some Communications about Business except an Account from the French Ministry that the Definitive Treaty is in Train the Preliminaries being transmitted to the mediating Powers more by Way of Compliment than from any Apprehensions of Difficulties flowing from them. On the contrary -- the Compte de Vergennes writes to Monsr la Luzerne that no Obstacles will be in the Way of a happy Conclusion
RC (NHi: Steuben Papers).
1 For Steuben's "Projet" and "Observations Generales" on the establishment of military academies, see PCC, item 38, fols. 443-67. In the undated letter to Peters enclosing the plan, Steuben explained that he had been prompted to draft it as a result of a query from General Washington, soliciting his "sentiments on a peace establishment," in response to a letter from Alexander Hamilton, for which see Committee of Congress to Washington, April 9, 1783; and Washington, Writings (Fitzpatrick), 26:315-16. The plan Steuben sent to Washington on April 2 1 is in the Washington Papers, DLC, for an analysis of which see John M. Palmer, General von Steuben (New Haven, Conn.: Yale University Press, 1937), pp. 308-10.
2 This committee, mentioned in the preceding note, consisted of Alexander Hamilton, chairman, Oliver Ellsworth, James Madison, Samuel Osgood, and James Wilson.
Congress on the 18th instant completed their Resolution for recommending to the several States to pass Laws for granting an Impost, an Excise, and to change an Article of the Confederation -- a Copy of which we do ourselves the Honor to enclose.(1)
To produce this in its present Form has been a Work of Time. It has engaged the Attention of Congress chiefly, since the commencement of the Year everything has been suggested and done to endeavor to take off the Objections, and render it palable to the several States which could be done consistently with a fixed Determination of preserving to Congress a Power to Collect and Appropriate the Revenues; the latter is restrained to particular Objects, and the whole limited as to Time.
It would have been less exceptionable to us, had the Officers for collecting the Revenues been under the Controul as well as the Appointment of the State; And we conceive the Appointment of Officers for Twenty-five Years incompatible with the Constitution of the State, which requires all Officers to be chosen annually. We are also at a loss to reconcile the Idea of Appointing Officers; which when made immediately become independent of their Makers, with the Principles of Liberty.
But we are happy that it will be submitted to the Consideration of an Assembly, whose Deliberations on former Occasions have been marked with wisdom, and discovered a thorough knowledge of their Constitutional Rights, as a most striking and honorable Testimony of which we appeal to the difference between the present and former Resolution on this Subject.
If it should be the Opinion of the Assembly to adopt the Resolution generally, we take the Liberty to mention that a Deviation so far as relates to the Controul of the Officers may be made, with a probability of its being acquisced in -- by Congress; and if this was to be done in the New-England States, it would be a grand additional guard to the Rights of the States -- a matter of the highest Importance, and which requires to be kept in constant view.
During the Time the Resolution was maturating, a Land-Tax of 6/, 3/ and 1/6 per hundred Acres was proposed and much contended for to make a part of the Act, but it met with such warm Opposition from the Western and largely Landed States, as prevented its being inserted and the Delegates from some of them explicitly declared that they never would consent to a Land Tax of any kind, but what should be to their own separate Advantage.
The Affair of the Western Lands is a Subject which begs to force the Attention of Congress. Memorials for Grants have been already presented, it must be necessary therefore soon to ascertain the Line between the United States, and the individual States. Virginia yet continues her tender to cede the Land North of Ohio with some restrictions and Conditions. And We expect Congress will Accept it. The Massachusetts and Connecticut States will be again addressed on the Subject of Cessions, and also the Carolina's. Georgia is curtailed by the Treaty in favor of Spain so as to be able to spare little or none of her territorial Claim.
The definitive Treaty has not yet arrived; several matters are before Committees relative to Arrangements which are deemed necessary to adopt upon its Arrival -- particularly the forming Treaties with the Indians (who have lately been troublesome on the Frontiers, and have kill'd & taken about Thirty of the Inhabitants near Fort Pitt) and the fixing Military and naval Establishments during a Peace. This last is a very important matter, and of which we shall give the earliest Advice, as soon as the Report is given in.
The disbanding the Army, is a matter of great Consequence. Those inlisted during the War, are already impatient to be discharged. The want of Money in the public Treasury to satisfy their moderate Claims on being discharged is a perplexing Circumstance, and throws Congress into a very disagreeable Dilemma, and must cause them unavoidably to incur very considerable extra Expences.
However, we have reason to rely on the wisdom and goodness of that directing Hand, which has hitherto led through every gloom, removed every difficulty, and at length crown'd our Efforts and our wishes with Liberty and Independence to guide and direct us thro' the present puzzling mazes in which we are involved.
We are with the highest respect for your Excellency & the Honorable Assembly, Your Excellency's Very humble servants,
John Collins
Jona Arnold
RC (R-Ar Letters to Governors). In a clerical hand and signed by Collins and Arnold.
1 JCC, 24:256-63. See also Elias Boudinot to the States, May 9, 1783.
Colo. Wood dissapointed me & left Town without my answer to the favor which you did me the honor to write me some time since, & the casual conveyances which chance offers to your part of the Country have not compensated for his neglect.
The change in our circumstances which the late pacification has made, will now permit the Secretary of War to carry into immediate Execution a Resolve of Congress directing him to furnish the medals, voted to those whose distinguished merit has drawn that mark of Applause & gratitude from their Country during the late War.(1) You may depend on my attention to yours, & if I have any talents at (which by the way I doubt extremely) it shall be aided by the assistance of those, whose imagination I esteem as elegant as correct & I hope will eventually produce what ought to equal your expectation from the hands you have committed it to, if it does not merit your approbation.
A late communication from the Comte de Vergennes, gives us every reason to expect a speedy completion of the definitive Treaty. The paper however which I do myself the honor to enclose contains a very interesting debate. You will observe that the supplies are voted for the ensuing year upon the War establishment, & it is plainly to be discovered that no orders had been sent to Sr. Guy Carleton for the evacuation of NYork, on the 3d of March. This corroborating suspicions which a studied ambiguity of expression & marked reserve in the communications of that Officer had before suggested -- it will become a very serious step our compliance with the stipulations of the provisional Treaty on our part, particularly that Article which directs the liberation of Prisoners, the performance of which Sr. Guy presses with incessant ardor. The reinforcement of so formidable a force as they now hold in the heart of our Country with 6 or 8000 Men, woud be a perilous measure in the present disorder'd nay distracted state of our political systems. If we find that they hover over us to seize the first advantage which the paroxisms of dissapointment & disgust will occasion, it will then require every exertion of the real patriots to strengthen the hands of Government relaxed to a degree that borders on anarchy. The Councils of the United States are devoted to the grand objects of satisfying the demands of the Army & those public Creditors whose Zeal & confidence have animated them to exertions ruinous to themselves altho' contributing to the preservation of America. If they are properly supported, Union & harmony may spring
Your exertions in directing the views of the Virga line to the proper objects, have been similar to those that the General has with a degree of firmness alone equal to the task pursued in the grand Army -- & their consequences will be not less beneficial to America than the most splendid military exertions.
With sincere wishes for your Health & happiness, I am Dr General, yr. mo. Ob. Sert. John F. Mercer
P.S. I had forgot to mention that the Court of Spain had at length recd. Mr. Carmichael in his Official character as ChargÄe d'Affaires -- Altho' it came but with a bad grace. He had his audience the 10th of Jany.(2) Mr. Van Berkel of Rotterdam, brother of our friend Mr. Van Berkel the Pensionary of Amsterdam, the father of the American Interest in the States General, is appointed Minister to the United States.
RC (NN: Myers Collection).
1 Congress had ordered on March 9, 1781, that Morgan and his principal officers be presented with gold and silver medals for their January 17 victory at Cowpens, S.C. See JCC, 19:246-47.
2 William Carmichael's audience with the conde de Floridablanca had actually taken place on February 20 or 21, 1783. For despatches from Carmichael of September 8, 29 and December 30, 1782, and January 18 and February 4, 1783, and a March 2 report from the marquis de Lafayette enclosing his correspondence with Floridablanca that were read in Congress on April 25, see PCC, item 88, fols. 253-66, 332-51, item 156, fols. 324-31, 344-50, item 185, 3:63; and Wharton, Diplomatic Correspondence, 5:710-11, 783-85, 6:184-87, 215-18, 259-60.
The Bearer Colonel Ogden of the New Jersey Line,(1) a Gentleman who has been greatly distinguished for his Bravery & good Conduct, from the first commencement of the present War, having receivd the permission of Congress to make a Voyage to France, on his private concerns; I must take the Liberty to reccommend him to your Excellency's notice. He is of a good family in New Jersey, & having taken a very active part during the contest in this Country, deserves the favor & protection of every Friend to America.
He is one of those brave officers who persevered in the Journey thro' the Wilderness to Quebec in the Year 1775, and was wounded in the attack on that City -- he also bore a share in the Laurels of York Town.
I have the Honor of inclosing a Letter from the Commander in Chief,(2) which he has committed to my Care. We are in daily and anxious Expectation of the Definitive Treaty, having been a long time without advices from our ministers abroad, our last Letters being dated in February.
The terms of Peace give universal Satisfaction here, except the article relative to English Debts, remaining silent, as to the time allowed our Citizens to make the payments. The situation of our Country -- The property of the Whigs being in the Public Funds, not a farthing of which can be had -- The great Losses from the depreciated money, and the stagnation of Trade for years past -- make it absolutely necessary that three or four years should be allowed, for this purpose, on giving security for the Debts. If an immediate payment should be required, it will cast our Merchants so entirely into the power of the British Creditors as to be very injurious to the interests of France.
I have the honor to be with the greatest respect & Esteem, Your Excellency's Most Obedt & very Hble Sert, Elias Boudinot
RC (PPAmP: Franklin Papers). In a clerical hand and signed by Boudinot.
1 That is, Matthias Ogden, colonel of the First New Jersey Regiment, whose April 16 request for "leave to go to Europe" had been granted by Congress on April 21. See JCC, 24:263; and PCC, item 78, 17:353-56.
2 For Washington's April 23 letter to Franklin, introducing Claude, baron de L'Estrade, who had served with the French forces at Yorktown, see Washington, Writings (Fitzpatrick), 26:354-56.
Your favor of the 25th Instant is just come to hand -- please to apply to Mr Calhoun for yr Shoes to whom I shall forward them by next Wednesdays Stage.
By this opportunity I have requested the G & C to apply for £150 -- in the manner you have mentiond. I flatter myself means may be procur'd on my return for what may remain due on the order.
Measures are taking for a supply of three months pay to the Army -- which I think promise success as the financier will remain I Believe in office untill the arrangements for that purpose are made & compleated. The 6 Milln of Livres and more are anticipated. The State in my opinion would suffer a material injury, if the System of each State paying their own line, was adopted. It is now certain we have been much overrated. But there are still more material objections. An Address is agreed to by Congress to accompany the System of finance. It will probably be down the beginning of next week -- to that I beg leave to refer you.(1)
I hope to be down by the 15th or 20th next month. A Balle. of abt. £40 for the present allowance will then be due me. If you have setteld the Tobacco affair of Mr McClanagan, pray favor me with an order on him -- or a supply Some other way by the return of this post.
I am Dr sr., Yr. Most Obt Hble Servt, Danl Carroll
RC (MdAA: Red Books).
1 See Elias Boudinot to the States, May 9, 1783.
I was in hopes not to have been Oblidged to have troubled you with another letter before the Close of your affair, but Notwithstanding I had finally Induced Mr Read to Attend the Court of Appeals as one of the Judges at the time Appointed, but when the Court was opened, Mr. Lewis who had been Council or Attorney for Colls. Stanton & Noyes Objected against the Courts proceeding, at that time as he had been informed by one of the Judges after he Understood that Mr Read could not attend till the 1st Monday in May that the Court could not be held untill that time & in Consequence of that Information he had wrote to Genll Varnum who he expected here not to come till that time on which the Court Inclined to postpone the hearing till the 1st Monday in May and have Assigned your Cause specially for hearing on that day & then not to fail. This has oblidged me to tarry till after that time, as I cannot think of now leaving the Cause after persuing of it with my utmost care for near 12 months.(1) I hope now a Very few day will decide it.
Yr Hle Servt, E Dyer
RC (CtY: Shaw Papers).
1 For the conclusion to this marathon case, see Dyer to Shaw, June 3, 1783.
I believe it was some time in July last that I obtaind from the G & C an order for the Balla. due me for the year 1781, amounting to near £500 specie.(1)
Having applied to the Intendant for the discharge of it, he informs me, that on an application to him from your Excelly & Honors, that it is probable he might contrive me abt £150 in 10 or 12 days.
The Honorable Mr. Stoddart has the order in his possesn. Please to Let him have directions to the Intendant for the obtaining £150 Specie in part.
I am with great respect, & esteem, Yr. Excellys & Honors Most Obt Servt, Danl. Carroll
RC (PHi: Etting Old Congress Collection).
1 For this July 27, 1782, order of the Maryland Governor and Council, see Md. Archives, 48:223.
Yesterday's post was the third that has arrived successively without a line from you.
The Definitive Treaty it is said is to be remitted to the two Imperial Courts for their approbation, before the last hand will be put to it. This will be a mere compliment however, and as the parties have settled their contests without their intermediation there can be no pretext if there were a disposition to meddle. It appears from English Gazettes that Shelburne has been so pressed by the unpopularity of some of the terms of peace, that he cd. not prevent a vote of the House of Commons declaring them to be disadvantageous & dishonorable. The consequence prognosticated is another change of the Administration in favor of North's & Fox's parties, who have made a common cause agst. Shelburne.
The propositions relative to the National debt, with an address enforcing it & referring to sundry documents &c is completed and will soon be forwarded to the Legislatures.(1) Mr. Jefferson will have given you the general views of Congress on this subject.
RC (DLC: Madison Papers). In Madison's hand, though not signed. Madison, Papers (Hutchinson), 6:503-4.
1 See Elias Boudinot to the States, May 9, 1783 .
I have been honored with Your Excellency's favor of the 22d inst. bearing testimony to the merits & talents of Mr. McHenry.(1) The
I have the honor to be with perfect respect & sincere regard yr. Excelly's Obt. & hble Servt. J. Madison Jr.
RC (DLC: Washington Papers). Madison, Papers (Hutchinson), 6:505.
1 Washington's April 22 letter recommending Maj. James McHenry to be a secretary to the ministers abroad is in ibid., pp. 484-85.
I have judged it most advisable to enclose to yr. Excellency a Letter which I receiv'd a few days since from N. York.(1) Its contents will inform you how incapable I am of adding any comment or explanation, unacquainted wholly, with this young Gentleman & the truth of the circumstances which he alledges in his favor. Nor will I offer any observation of my own, how far he is an objectt of the Provisional Treaty, or any Law of the State, but request your Excellency to enable me to inform him how far his expectations & wishes can be complied with. With real respect & esteem I have the honor to be Yr Excellencys most Obt. Sevt. John F. Mercer
RC (Vi: Continental Congress Papers).
1 The enclosure was apparently a March 17 letter to Harrison from Capt. John Wormeley who had served in the British army during the war but was attempting to rejoin his family in Virginia. Washington, he explained, had informed him that a passport would be furnished "when I obtain'd permission from the Governor and Council of that state." Continental Congress Papers, Vi. For Wormeley's eventual success in regaining Virginia residency after overcoming several obstacles, see Washington, Writings (Fitzpatrick), 26:218, 244, 365; Jefferson, Papers (Boyd), 6:332n; and Madison, Papers (Hutchinson), 5:286n.14.
My indisposition has in some measure decreased, notwithstanding the perpetual routine of public business, of a nature too interesting not to agitate, has prevented my regaining perfect health. By the papers, which are enclosed, you have a very interesting debate in the House of Commons, which will in some measure corroborate the hints which I dropt in my last (1) -- the force of which would otherwise be diminshed by Sir Guy Carleton's last letter to Mr. Livingston, desiring the appointment of Commissioners to attend in New York, to the strict observance of that article of the provisional treaty, which relates immediately to the evacuation of the British posts. By this debate, it appears most clearly, that no orders had been sent to Sir Guy to leave New York, at that period, nor can we form any probable conclusion how long they shall continue him there, as they seem to connect his stay with the affairs of the Refugees. The vote of Parliament to continue a war establishment, induces a very serious consideration, how far it will be prudent and politic, to disband our troops and leave our Country defenceless and exposed, with so formidable a force in our bosom, restrained only by the faith which is due to a provisional treaty, certainly revocable at any moment, until a definite one shall be realized. The moment is critical, and demands the utmost exertions of those who are vested with confidential offices. I have a reliance in the prudence of Congress, who are really composed of members, at present, who rise in my estimation in proportion as our intimacy increases. For the present, adieu, and believe me, With much sincerity, Dear General, Y'rs, John F. Mercer
P.S. Upon looking for your letter, to give an extract of it to Sterret, I find it mislaid. You must excuse me, Dr. General. Indisposition and hurry have prevented your memorandum being yet complied with, but write it again, and it shall be done instantly.
MS not found; reprinted from Balch, Papers Relating to the Maryland Line, pp. 208-9.
1 See Mercer to Weedon, April 11, 1783 .
By yesterdays post we were Honord with Yr. Excellencys favor of the 19th Inst.(1) We have informed Mr. Nathan of its contents, so far as they
related to him. Mr. Pollock has declined offering any security for the present, as he expects the returnd Bills themselves, which he says will be the best Vouchers in his power to give.(2) We doubt not your having received, before this, the official information of the Cessation of Hostilities & the Proclamation Issued by Congress.
Nothing Material has happend Since our last, except that it has been moved in Congress, by us, in order to sound the present disposition -- viz "that the United States in Congress assembled will and they do hereby accept the Cession of Territory made to them in the act of the Legislature of the Commonwealth of Virginia bearing date the day of on the Terms and stipulations therein mentiond, except so much thereof as stipulates that the U.S. in Congress assembled shall guarantee to the said Commonwealth the remaining Territory containd within the Bounds therein described."(3) It was committed and has produced a report of the Committe viz that the report of the former committe on the Cessions be taken up and Considerd;(4) that report Yr. Excellency has been heretofore informd, has been repeatedly considerd and as often laid aside -- nor shd. we have now taken any steps to call it into view, but that we considerd it as our duty to produce if possible some decisive determination on a matter so important to the welfare of our state, and of such consequence to the U States in General.
The report has not yet been taken up -- on the recommendation of the Comme. -- but we expect will in a few days -- when we shall inform Yr. Excellency of its fate.(5) We are respectfully, Sr., Yr. Excellys most obedt. Svts, Theok. Bland Jr.
John F. Mercer
A Lee
RC (Vi: Continental Congress Papers). Written by Bland and signed by Bland, Lee, and Mercer. Madison, Papers (Hutchinson), 6:502.
1 See ibid., p. 474.
2 See Virginia Delegates to Bernardo de Gálvez, May 4, 1783 .
3 Theodorick Bland's April 23 motion was referred to a committee of five chaired by John Rutledge. See JCC, 24:271-72; and PCC, item 30, fol. 579. For Bland's earlier motion on western land cessions, see James Madison's Notes of Debates, April 18, 1783.
4 In its April 25 report, which was not entered in the journals, Rutledge's committee recommended that a decision on Bland's motion be postponed until the original committee report of November 3, 1781, on Virginia's land cession was taken into consideration. See PCC, item 30, fol. 577, item 186, fol. 97. For that report, see these Letters, 18:188n.4 .
5 The report of Rutledge's committee was not considered until June 4, for which see Madison's Notes of Debates, June 4, note 2, June 6 and 10, 1783 .
Some time since I informed your Excellency (or the Secretary)(1) if my memory serves me, that Congress, were about recommending to the several states to set apart a day of humiliation, fasting & prayer, but such is the state of our public affairs at this time, that a recommendation will not be sent out.
Congress have lately come into a number of important resolutions respecting finance, by way of recommendations to the states, but if you shou'd not receive them officially before this comes to hand no doubt you will very soon after, therefore, I consider it unnecessary to be more particular.
I inclose your Excellency a state of the receipts and Expenditures of public monies for the year 1782.(2)
I have, with perfect respect, the Honor to be, your Excellency's most obedient servant,
FC (PPIn). In the hand of Samuel Holten.
1 See Holten to John Avery, March 19, 1783 .
2 For the enclosed A State of the Receipts and Expenditures of Public Monies...from the 1st of January, 1782, to the 1st of January, 1783, compiled by the register of the treasury Joseph Nourse, see Morris, Papers (Ferguson), 7:386.
The Massachusetts delegates' fiscal attention was about to return to the problem of obtaining congressional action on a memorial from the Massachusetts Assembly of October 21, 1782, respecting "measures for calling in the old emission bills," of which Holten reminded Samuel Osgood in the following brief note of May 3, 1783. "Dr. Holten presents his compliments to the Honorable Mr. Osgood, & requests that he wou'd send him, by the bearer, the first letter of instructions, respecting the late paper curry." Holten Papers, DLC.
I beg leave to subjoin, that as soon as some present Important matters with respect to Finance are got through that the Delegates from Massachusetts according to their positive instructions Aided with some other States will resume the Affair of the old Continental money, of which beside sinking their Quota they say they have now to the amountt of near 30 million dollars private property in that State which they Insist to be redeemd at 75 for one to be brot in & funded at that rate to be paid by the United States or that the several different States may be oblidged to sink their proportion which will oblidge such States to purchase it from them at any rate they please. I apprehend when the matter is brot on again they will succeed & probably in the first. If they do not they are determined to stop the Value thereof at 75 out of their taxes. The State of Connecticut is so much Interested in this Event I thot it my duty to renew my Notice to them on the Subject. E Dyer
RC (CtHi: Jonathan Trumbull Papers). Only this fragment of the final page of this letter has been found.
1 Dyer probably wrote this letter before Congress completed the revenue plan of April 18 or the "Address" adopted on April 25 to explain the plan to the states, the two fiscal measures that best seem to fit his opening reference to "some present Important matters with respect to Finance." He certainly wrote it before May 22, the date finally assigned for renewing debate on Massachusetts' memorial on "the old Continental money," but a May date seems unlikely as Dyer was preparing to return home by the end of the month and probably would not have written in the present vein so near the end of his current congressional term.
In truth the French did not intend a Peace, but were surprised into it. The Count de Vergennes, when he politely consented that the American Commissioners should meet Mr. Oswald, relied wholly on the restrictions he conceived them to be under, of recurring to him for advice, well knowing that in every such recurrence he would have it in his power to defeat the Negotiation. He expected too that sufficient Obstructions would necessarily arise on the part of the British, especially as he himself encouraged them. He intended to have dragg'd America thro' another Campaign at least, and instead of leaving her in Circumstances from which she would rise and make a figure, he meant that she should be so fetter'd with Embarrassments that she must have continued, in a large degree, dependent on France. Had this been the case, the political Connection with that nation might have been indissoluble. It is to the Count's mistake of the Characters of the American Commissioners, particularly Mr. Jay, that we are in some measure indebted for the present pacification. Had he supposed they would have dared to construe their Instructions in the liberal manner they have done, he assuredly would never have trusted them with the Opportunity. Mr. Oswald, it appears, considered the Interest of the two Countries in the same light with Adams and Jay, every Essay of the French therefore to divert him from the purpose was vain and fruitless. But peace, however grateful it is to the many, causes great Chagrin to some in public life. We have a Junto here so completely inlisted in the French Service, and so closely attached to them by some invisible tie, that I almost despair of seeing a Separation. These men, like those whom they serve, have it now in view to deprive us of those inestimable Advantages which, if we act wisely, must result to us from the Peace. Their Object is, to prevent our forming any commercial Connection with any European Power, other than Spain and Sweden -- these Courts being entirely under the French Management. To this end they have pressed the recall of Dana, Adams, &c.
and have urged that Instructions should be given to enter into no treaty nor even Conversation on the Subject. Dana might have finish'd a very advantageous one long ago, but for the French Minister, whom he was bound to obey. Every opposition from the same quarter was made to Mr. Adams in Holland, and it was their Policy which so exceedingly embarrassed Mr. Jay at the Court of Madrid. In a word, it is clear, by the advices from all our Ministers, except Dr. F____ that they oppose our Connection with any power but themselves. They meant to save us, but it was to themselves and for their own use. We are now told that they are justly entitled to a Monopoly of our Tobacco Trade -- that 'tis the smallest Compensation we can make for their kindness and their Expence in saving us -- and that their Farmers have made Arrangements, counting on the Benefits to arise from this exclusive Trade.
But shall we give ourselves up to the Devil in this manner? Shall we neglect to avail ourselves of the Advantages within our Reach? Shall the Great Council of America discover less knowledge and less Virtue than their Servants have done in every line and every Character? Shall they at this stage of the business be the first to betray or relinquish the Interest of their Country? God forbid! For the honor of America, I hope it cannot happen. Our true Interest consists in avoiding too close a Connection with any Nation, and by pacific perseverance to derive commercial Benefits from all. And I trust there is still a Majority in Congress who think with me, and who, preferring the Interest of this Country, to that of any other, will pursue those measures that promise the advancement of it.(1)
Tr (PRO: C.O. 5, 110:205-10; and P.R.O. 30/55 [Carleton, or British Headquarters, Papers], No. 8492). This letter was sent (with extracts of three others) by Sir Guy Carleton to Lord North in a letter of August 1, 1783. Carleton also sent a similar one of August 5 (apparently from Higginson to Nathaniel Gorham) to Lord North on August 29. Although the British had captured a number of letters from congressional delegates during the war which were transmitted to England, these five were probably not intercepted but supplied by the writer. They were written over a period of four months, and share a strongly pro-British and anti-French point of view suggesting common authorship, one that is almost precisely mirrored in Higginson's letter to Theophilus Parsons of April 7-10? 1783. The letters enclosed in Carleton's August 1 letter to North are printed in this volume under the heading Stephen Higginson? to Unknown. The first three extracts are dated only "April," "May," and "May." The fourth, dated July 21, 1783, concludes with the following arresting observation that makes strikingly clear Higginson's frustration with French influence in America and determination to help Americans realize that their future interest lay in restoring good relations with Britain. "The Interest of America and Britain are so clearly one in my mind, that their joint Efforts should be exerted in opposition to the French. Without this, there is great Danger that, thro' the medium of unprincipled Individuals in the States, the Interest of America and Britain will be highly injured. I should not therefore hesitate at taking an active part in concert with them, so far as our Interest and theirs should coincide."
1 For the next in this series of letters that Carleton sent to North, see Higginson? to Unknown, May 1783.
I have the honor to hand to Councill an Act of Congress passed the 1st Inst. & I hope in a few days, other Measures will be adopted to give farther satisfaction to the state upon Indian-Affairs.(1)
I have the honor to be, Yr Excellys Mo Obdt hble servt,
Thos. FitzSimons
RC (NN: United States Congress Collection).
1 President Dickinson had directed Pennsylvania's delegates on April 3 to urge Congress to make peace "without loss of time...with all the Indian nations," and, in response to continued reports of casualties incurred in clashes with the Indians on the state's frontiers, he repeated the instruction on April 28. For Dickinson's letters, see PCC, item 69, 2:435-38, 447-50; Pa. Archives, 1st ser. 10:25, 45 (where they are dated April 4 and 29 respectively); and James Madison's Notes of Debates, April 2-5, 1783, note 6 . The enclosed May 1 resolve, directing the secretary at war to "take the most effectual measures to inform the several Indian Nations, on the frontiers of the United States, that Preliminary articles of peace have been agreed on and Hostilitys have ceased with Great Britain," is in JCC, 24:319-20.
We have the honor of Enclosing to your Excellency a Resolution of the General Assembly of our State, by which your Excellency will see that the Accounts of Mr. Oliver Pollock, are Liquadated, and the balance put into a due Course of payment.(1)
We think it proper to give your Excellency this Information for the benefit of such of the subjects of the King of Spain as are in Possession of the Bills drawn by the said Mr Pollock on Penette, Dacosta, Freres & Co. These Bills will be paid agreeable to the Inclosed Resolve, upon thier being presented at the Treasury of Virginia.
We beg leave to recommend Mr Pollock to your Excellency's protection, as one who has suffer'd much and who has discharged his duty both to the Publick & to his Creditors with Zeal & Integrity.
We have the honor to be with sentimen[ts] of the highest respect, Your Excellencys Most Obedient and Humble Servts.
(Copy) Sign'd Arthur Lee Theok. Bland Jr
J. Madison Jur.
John F. Mercer
delegates in Congress from the
State of Virginia.
Tr (Archivo General de Indias: Cuba, legajo 2370). Madison, Papers (Hutchinson), 7:9-10.
1 For this December 27, 1782, Virginia resolution and a review of the state's efforts to settle Pollock's claims against it, see ibid., pp. 8-9, 10-12. On an earlier attempt to settle Pollock's accounts as commercial agent for Congress and Virginia in New Orleans, see also John Hanson to Estevan Miro, October 31, 1782, note 1.
In the meantime, Pollock had again presented a memorial and his accounts against the United States to Congress on February 24, 1783. They were assigned to a committee chaired by Thomas FitzSimons that reported March 26. Considering the report on April 10, May 1 and 2, Congress ordered Robert Morris to pay Pollock that portion of his account that could be authenticated as soon as "finances will permit." On May 1 Congress also allowed Pollock $5,000 -- half the sum he requested -- for his five years of service as agent at New Orleans and on May 30 appointed him as an unsalaried U.S. commercial agent at Havana. See JCC, 24:234-38, 266, 318, 323, 372, 376-77; and Morris, Papers (Ferguson), 7:385n.2.
Mr. Bland & Mr. Mercer moved to erase from the Journal the resolution of Friday the 2d instt. applying for an addition of three Millions to the grant of six millions by H. M. Xn Majesty, as in part of the loan of four Millions requested by the Resolution of Sepr. 14. 1782.(1) As the resolution of the 2d had been passed by fewer than nine States, they contended that it was unconstitutional. The reply was that as the three Millions were to be part of a loan heretofore authorized, the sanction of nine States was not necessary. The motion was negatived. The two movers alone voting in the affirmative.(2)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:14.
1 For these resolutions, see JCC, 23:577-79, 24:325-26.
2 In addition to Theodorick Bland and John Francis Mercer, Benjamin Hawkins also supported this motion. JCC, 24:328-29.
I have the honor of inclosing to your Excellency a certified Copy of an Act of Congress, of the 2d Instant.(1)
The universal importance of the Object, and the true interests of the United States in general & your State in particular, being so obviously ingaged in support of this recommendation, make it unnecessary to add any arguments to inforce the attention of your State to so desirable a Subject.
I have the Honor &c, E. B.
LB (DNA: PCC, item 16).
1 The following note was added at this point in the margin: "relating to the establishing literary Property." For the enclosed May 2 act, recommending that the states "secure to the authors or publishers of any new books...the copyright of such books for a certain period of time, not less than fourteen years," see JCC, 24:326-27.
The movement for enacting general copyright legislation, which led Congress to adopt this resolution, had its origin in Connecticut, where Andrew Law, John Ledyard, and Noah Webster had secured protection for specific individual works in 1781 and 1782, and the General Assembly enacted a general copyright law in January 1783. Almost simultaneously the struggle for copyright protection was carried beyond the borders of Connecticut by Joel Barlow in a January 10, 1783, letter to Congress, which was referred to a committee consisting of Hugh Williamson, Ralph Izard, and James Madison on March 24. The committee's April 28 report "on the subject of literary property" contained the proposed resolution adopted by Congress on May 2. See JCC, 24:180, 211n; and PCC, item 24, fols. 91-93, item 78, 4:369-73. For the context of this campaign, see the introduction by James Gilreath in Elizabeth Carter Wills, comp., Federal Copyright Records, 1790-1800 (Washington: Library of Congress, 1987), pp. xv-xxiv. Even before May 2, "Maryland and Massachusetts had anticipated the Continental Congress' action and already followed Connecticut's example....[and] by 1786, all states except Delaware had passed a copyright law." Ibid., p. xix. For the interest in copyright protection in Connecticut, see also Oliver Wolcott to Oliver Wolcott, Jr., January 29 , and February 12 and 19, 1783.
I am happy to find by your letter of the 25th of April, that you was safe home, & in perfect humour, & that you propose by & by, writing a treatise (1) to keep every body else so. A work of this kind well executed would be a valuable production to the world, & conduce more, I dare say, to the health & happiness of mankind, than a great deal that is spent for doctors & clergymen. I hope, Sir, you will send me one of the first impressions, which I shall certainly stand in need of if I do not get away from here sooner than there is at present a prospect of. But it seems, Sir, that you are not quite out of the noise of politicks tho' you are happily removed from this seat of them. That horrid clammor you speak of, about commutation, a mere change of a name indeed, tho' it excites neither the Idea of guilt or fear in your mind, does very illy become a people of sense, especially in the very moment of their salvation, when every heart & voice ought to be joined in praise. But so it is, Sir, the princes of the power of the air, can raise storms any time when they have occasion for them, having elements to work upon, which, like the raging sea that casteth up mire & dirt, are easily set in motion.
We are not yet favoured with the difinetive treaty. The complesion of it is said, has been delayed for the approbation of the Emperor of Germany & the Emperess of Russia, or a compliment to
them, I suppose, for having so far interested themselves as to offer their mediation to bring it about.
General Washington & Sir Guy Carleton have an appointment to meet this day at Tappan, to confer about the evacuation of ports & other matters in the 7th article of the treaty. Nothing as yet appears to induce a suspicion that the treaty will fail of being carryied into execution on both sides as fast as the nature of the case will admit of. Certainly we cannot wish to see it violated & annulled, nor has Great Britain so much reason to be dissatisfied with it, under all circumstances, as North, Fox & their partisans pretend for, whose object probably is to hunt down the present minister & to transfer the popular odium from the criminal to the executioner. If Great Britain induced thereto by the folly of a former administration, must make us independant of herself, it is wise in her to do it with a grace, & in a manner that shall keep us also independant of France. This principle no doubt was well explained & enforced by Mssrs. Adams & Jay -- but it would have been weakness in a British minister not to have adopted it, & in his large an extent, as in the present treaty seems to have been done. Even as to the Loyalists, which are said to have been sacrificed for nothing, I believe the true interest of the British nation is better secured by peopling a Colony with them, than it could have been by reinstating them with us. Their number is said to be near 30,000.
A number of officers from Sir Guy Carleton are now in town going on to take charge of the british prisoners at Lancaster & elsewhere & conduct them by land to New York. Sir Gui expects soon to be superceeded or relieved by General Gray.
Three months pay is like to be made to the Army when they shall be disbanded. One third in Cash & the rest in Mr. Morris's notes. He will continue in office until the engagements he shall enter into for this purpose, & those that he has already entered into which are not yet performed, shall be fulfilled.
Congress are busy on the peace arrangements; and I now think will not have a recess the ensuing summer.
Should this find you at Hartford, as I hope it will, I must beg your influence with Mr. Huntington to come forward to Congress as soon as he can, as Coll Dyer does not propose to stay much longer & there is danger of Congress being without a representation of nine states which would greatly embarras the business they have now generally to transact. I hope Mr Strong (2) or some other gentleman will also be ready to relieve me.
I do not & dare not think of staying thro' the Summer.
I was favoured with your letter from Danbury -- which, as Brown was here, I omitted to answer till he should return, which did not happen till I recd your other letter of the 25th. I shall be very happy, Sir, to receive your letters as long as I stay here, & to merit the continuance of your confidence & friendship as long as I live. With compliments to
Mrs. Wolcot & your Daughters -- I am, Dear Sir, with gratitude & sincerity, Your obedt. Huml Servt. Oliv Ellsworth.
RC (CtHi: Oliver Wolcott, Jr., Papers).
1 Not identified.
2 That is, Jedediah Strong, deputy to the Connecticut assembly from Litchfield, who was elected a delegate to Congress in both 1782 and 1783 but never served. Journal of the Connecticut House of Representatives, DLC(ESR), May 9, 1782, May 8, 1783.
We have at length got through the plan of funds to be recommended to the States for their adoption.(1) It has been the most difficult & perplexing discussion of any that has engaged the attention of this body for some time. The various objects to be combined, and the different interests to be reconciled, to make the System palatable to the States was a wish not easily or speedily to be effected, and altho' it was the wish of many to settle the plan upon clear and unquestioned principles of finance, yet such were the prejudices of some States, and of some individuals, and such their jealousies, we were obliged to take a middle course with respect to its duration, and the appointment of Collecters, or hazard ultimately the loss of the measure. As it stands I believe it will answer the purposes intended, if the States will grant their concurrence -- a Copy will be transmitted to you for yours and the Armys information.
As the State of our finances at present is such as to make it difficult for the present officer now at the head of that departmt., much more so for any new hand who might succeed him, to form the necessary arrangemts. for obtaining money sufficient for disbanding the Army Mr. Morris has agreed to act untill that business is accomplished(2) and will I hope be able to effect it to the satisfaction of the Army -- but from appearances the period of disbanding will be more distant that in any at first apprehended, if that measure, as it seems to be proper it shod., goes hand in hand with the evacuation of our Country by the British forces. By this time you are better able to judge of the views and designs of Sr. G. Carleton or of those who direct his movement as I presume the intended interview took place -- tho' I confess I thought there was indelicacy in the manner of that Gentlemans mentioning his proposed attendants. In every thing else, but that of evacuation (and they may be doing all they can in that for any thing I know) they seem to act with fairness and liberality and I shod. be sorry to find them in that, or any other instance, practicing the old game of deception -- we have reports something of this sort appears in their conduct
RC (DLC: Washington Papers).
1 See Elias Boudinot to the States, May 9, 1783 .
2 For Robert Morris' continuation in office, see JCC, 24:283-85, 326; and Morris, Papers (Ferguson), 7:789-90.
3 See, for example, James Madison's Notes of Debates, May 8, note 1.
4 Jones had not voted the preceding day and apparently left Philadelphia after posting this letter. See JCC, 24:329; and James Madison to Thomas Jefferson, this date.
A motion was made by Mr. Lee, to recommend to the several States to pass laws indemnifying Officers of the Army for damages sustained by individuals from Acts of such officers rendered necessary in the execution of their military functions. It was referred to Mr. Lee, Mr. Williamson & Mr. Clarke.(1)
He proposed also that an Equestrian Statue should be erected to General Washington.(2)
A report from the Secy. of For. Affairs of a Treaty of Commerce to be entered into with G. Britain, was referred to Mr. Fitzimmons, Mr. Higginson, Mr. Rutlidge, Mr. Hemsley, & Mr. Madison.(3)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:15.
1 There is no entry in Secretary Thomson's journals for this date, but for the report of this committee and its adoption the next day, see JCC, 24:330; and PCC, item 21, fols. 347-48, item 186, fol. 99. See also Madison's Notes of May 7.
2 According to the endorsement on Lee's draft motion, it was referred this day to a committee consisting of Lee, Oliver Ellsworth, and Thomas Mifflin, which delivered a report on May 8 that was adopted on August 7. See PCC, item 36, 2:105-6, item 186, fol. 100; and JCC, 24:330n.1, 494.
3 There is no mention of this action in the journals, but according to Secretary Thomson's "committee book" the issue of a commercial treaty with Britain, the subject of John Adams' letter to Robert R. Livingston of February 5, had been referred on April 28 to a committee consisting of Alexander Hamilton, Oliver Ellsworth, and John Rutledge, which recommended the following day that a special commission for this purpose be issued to John Adams, Benjamin Franklin, and John Jay. Congress adopted this recommendation on May 1 and simultaneously directed the secretary for foreign affairs to prepare "a plan of a treaty of commerce and instructions relative to the same," which resulted in the report referred to here. See JCC, 24:320-21, PCC, item 19, 1:33-36, item 186, fol. 97; and Wharton, Diplomatic Correspondence, 6:242-47. For the report of Thomas FitzSimon's committee, which was submitted and read on June 19 but "superseded" by subsequent action of Congress on October 29, see JCC, 24:404-5; and PCC, item 25, 2:233-35.
Your favor of the 21 Ult.(1) written at Col. Pendleton's was brought to hand by the post of last week. Col. Floyd's family did not set out untill the day after it was received. I accompanied them as far as Brunswick, about 60 miles from this, and returned hither on Friday evening. Mr. Jones will attend the Assembly, and proposes to begin his journey this afternoon, if the present rain should cease.(2) Mr. Lee also means to set out for the same purpose in a few days.(3)
{Congress have received a long and curious epistle from Mr. Adams dated in February addressed to the president not to the secretary for foreign affairs.(4) He animadverts on the revocation of his commission for a treaty of commerce with Great Britain, presses the appointment of a minister to that court with such a commission, draws a picture of a fit character in which his own likeness is ridiculously and palpably studi[e]d, finaly praising and recomending Mr. Jay for the appointment provided injustice must be done to an older servant.}(5)
Letters from the Marquis de la Fayette and Mr. Carmichael shew that the Court of Spain has become pretty tractable since the acknowledgment of our Independence by G. B.(6) The latter has been treated
My absence from Congs. the past week disables me from giving you exact information of their latest proceedings. I am told that in consequence of {Mr. A____ letter the secretary of foreign affairs has been instructed to project a treaty of commerce with Great Britain} which will {probably bring the attention of Congress to the general department of foreign affairs.}(7)
Under the same cover with this are two letters for Miss Patsy, one from Mrs. Trist, and the other from Miss Floyd with the copy of a song. I beg that my compliments may be accepted along with them.
I am Dear Sir your sincere friend, J.Madison Jr.(8)
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:18-19.
1 Not found.
2 See Joseph Jones to Washington, this date, note 4.
3 For Arthur Lee's attendance in Congress during this period, see Madison to Edmund Randolph, April 1, note 5.
4 In fact, the letter was addressed to Robert R. Livingston, the secretary for foreign affairs, for which see the preceding entry, note 3 .
5 Words in braces in this text were written by Madison in a variation of the official Virginia cipher.
6 See John Francis Mercer to Daniel Morgan, April 24, 1783, note 3 (not in current volume).
7 Madison clearly wrote this letter before attending Congress this day. See the preceding entry, note 3 .
8 This day Madison also executed a receipt for Theodorick Bland in the amount of $332 15/19, or one-fifth of £500 Virginia currency, remitted to the Virginia delegates in a bill drawn by agent David Ross. See Madison, Papers (Hutchinson), 7:16.
After a silence of 4 weeks your favor of the 26 Ult. was particularly welcome.(1) Your conjecture was but too well founded as to the compiler of the Proclamation.(2) The offensive passages were adverted to by some, but the general eagerness on the occasion, increased by some unavoidable delays, rendered all attempts to draw the attention of Congress to smaller inaccuracies unacceptable.
We have no late despatches from Paris, except a letter from Mr. Adams which affords a new & signal exemplification of those qualities which have so much distinguished his correspondence with Congress. We are informed from Madrid by Mr. Carmichael & the Marquis de la Fayette, that that Court, since the British acknowledgmt. of our Independence has dismissed its hauteur & reserve towards the U. S., has treated the American Charge d'Affaires with due attention & has signified
Yesterday was fixed for an interview between Genl. W. and Sr. G. Carlton for the purpose of taking arrangements for carrying the stipulations of the provisional articles into effect. The interview was proposed by the former, who intimated that as the evacuation of the post of N. Y. was particularly interesting to the State of N. Y., Govr. Clinton would accompany him on the interview. The answer of Carlton imputed that he did not decline the proposition, but suggested that as Genl. Gray was expected with final orders it might be best to postpone the conference; adding that he should be attended by Lt. Govr. Elliott and Chief Justice Smith.
The sample you give of the new Assembly is a flattering one. The plan of revenue with an address & sundry documents enforcing it is in the press & will soon be ready for them. Mr. Jones proposes to set out this evening, & will make but a very short stay at home. Mr. Lee enters on his journey tomorrow & proceeds without a halt to Richmond.(3)
RC (DLC: Madison Papers). In Madison's hand, though not signed. Madison, Papers (Hutchinson), 7:20-21.
1 See ibid., 6:499-500.
2 That is, the ceasefire proclamation drafted by Robert R. Livingston that Congress adopted on April 11.
3 Arthur Lee did not leave Philadelphia until May 12, for which see Madison to Randolph, May 13, note 1.
We have not any thing material to communicate.
General Washington & Sir Guy Carleton were to meet on yesterday at Tappan, in consequence of a Resolve of Congress directing Genl Washington in Conjunction with the Secretary at War to enter on proper Arrangements for the restoration of prisoners and the Evacuation of the several posts in possession of the British in the united States.(1)
From Sir Guy Carletons Letter to the Genl, it appears that Sir Charles Gray is hourly expected with the final Orders, from the british Ministry.
We have the honor to be, Your Excellencys & Honors most Obedt. Servts. Danl. Carroll
Wm. Hemsley
RC (MdAA: Red Books). Written by Hemsley and signed by Hemsley and Carroll.
1 See Maryland Delegates to Paca, May 13, note 1 .
You continue to complain I find by Mr Depentiere that I do not write to you. I thought you knew me better than to expect it. Shall I be perpetually telling a Man I have an Esteem for that my Respect & Affection for him continues. This would be supposing such reiterations necessary & this I will not suppose. As to your Plans I have received them & have given them to the Committee for Peace Establishments.(1) You know how much I value all your military Opinions & therefore I need not tell you that I find much to commend in this.
But if I were to go into the Details my Answer would be wordy & possibly not well grounded. All of them will not be adopted but they will furnish very respectable Parts of any Building we may erect.
We are all well at Belmont. I wish you & your Neighbours at Camp were as well satisfied. It is the Thing nearest my Heart that the
Army should be satisfied. Every thing in the power of Congress is doing but how our plans will succeed a short Time will determine.
Yours afftely, Richard Peters
RC (NHi: Steuben Papers).
1 See Peters to Steuben, April 23, 1783, note 1.
Your Excellency's favor of the 25th Ulto 1 came duly to hand yesterday. A commercial intercourse is under present circumstances carried on freely from other States with our late Enemy, and as far as an advantage can be drawn from it, Virginia must certainly be equally entitled to share in it.
Congress have recd. no further intelligence relative to the final treaty of peace, nor any other material intelligence from Europe.
The plan to be recommended to the states for funding the national debt, has been at length concluded, and with the documents proper to explain & urge it, will be forwarded as soon as the whole can be duly prepared.
We inclose your Excelly. a letter addressed to us from Coulougnac & Cie. representing their transactions with Penet.(2)
We have the honor to be with sentiments of due respect Yr. Exclly's Obt. & hbl servts. J. Madison Jr.
John F. Mercer
Arthur Lee
RC (PHi: Dreer Collection). Written by Madison and signed by Madison, Lee, and Mercer. Madison, Papers (Hutchinson), 7:17.
1 Not found.
2 Not found, but for the request of Coulignac et Cie to be reimbursed for military supplies ordered by Gov. Thomas Jefferson on behalf of the state, see ibid., p. 17n.4.
I have duly recd. your Excellency's several public dispatches of the 9th, 18th & 30t of Aprill and 3d May, all which have from time to time been laid before Congress.(1)
We are without any farther advices from Europe than what your Excellency has already received, except that Compte De Vergennes in a Letter to the Minister of France of the 27th Febry,(2) mentions that there are no difficulties in the Way of the definitive Treaty -- that they were waiting for Answers from the Courts of Petersburgh & Vienna, as the Emperor & Empress had been invited to attend the signing of that Treaty in the Character of Mediation, I suppose as a Compliment.
I shall be careful to transmit the first Intelligence we receive from Europe, without delay.
I have the Honor to be with every Sentiment of regard & Esteem, Your Excellency's Most Obedt. & very Hble Servt
Elias Boudinot
RC (DLC: Washington Papers).
1 These letters are in PCC, item 152, 11:211-14, 219-26, 237-40, 249-52; and Washington, Writings (Fitzpatrick), 26:308, 330-34, 370, 398-400.
2 Vergennes' February 27 letter to the chevalier de La Luzerne is in Archives du Ministére des affaires ètrangéres: Correspondence politique, États-Unis, 23:188-90.
I have once more to Inform you of a small delay in the Trial of your Cause in my Next hope to Acquaint you with a favourable Issue. I had pushed the matter to the Extreem to prevent Judge Griffins resignation,
Mr Lewis has not yet withdrawn the Attachment on late Capt Herns money but incourages me strongly he will in a few days. I urge the matter as far and as fast as it will bare without puting him out of
Elipht Dyer
RC (CtY: Shaw Papers).
Your attention of the 28th of March, I receiv'd the 14th ultimo, & immediately caused the inclosed to be deliver'd at Mr. Horton's lodgings; and be assured it will always give me pleasure to render you services.
You are pleas'd to congratulate me "on the rising prospects in favor of our Country," & please to accept, in return, the like salute, with the addition that Peace has really taken place, & what adds to this happy and glorious event, is that we have obtained all that cou'd reasonably be expected.
Congress are greatly embarrassed with a national debt, & but little money to pay or funds to secure payment; they have lately come into a number of important resolutions respecting our finances, by way of recommendations to the several states, but if they shou'd not be convinced of the necessity of the measures, & not comply with them, I fear we shall suffer in our national character, & much injustice may be done to the public creditors, by delay of payment, for I am fully convinced that this people can't discharge the national debt in the common mode of taxation.
Please to accept my sincere thanks for your good wishes for my "health and felicity," & receive for your self the like in return.
I am, with particular respect, your most obedient;
S. Holten
RC (ICHi: Ward Papers). Addressed: "Colo. Joseph Ward, Massachusetts, Sutton."
The Resolution moved yesterday by Mr. Lee for indemnifying military Officers, being reported by the Committee was agreed to.(1)
The Committee on a motion of Mr. Dyer, reported "that the States which had settled with their respective lines of the army for their pay
The report was opposed on the ground that the settlements had not been discharged in the value due. The notes issued in payment by Connecticut were complained of, as being of little value.
The Report was disagreed to. See Journal.(2)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:22.
1 See JCC, 24:330; and Madison's Notes of May 6.
2 JCC, 24:330-31. Eliphalet Dyer's motion "for securing to the states the repaymt of the money advanced in settling with their respectives since Aug 1780," had been referred on May 2 to a committee consisting of Stephen Higginson, Abraham Clark, and John Lewis Gervais. See PCC, item 36, 2:73, item 186, fol. 99; and JCC, 24:327.
Your official letter to the delegates in Congress from Massachusetts, of the 21st ulto. has been receiv'd & attended to; and it is with pleasure they comply with the request of his Excellency & the Honorable Council, and inclose the Journals of Congress.
Some time since we were requested to transmit the unsettled Accounts that had been lodged here from Massachusetts; they were sent forward about a fortnight directed to his Excellency, 1 which we hope has come safe to hand. In the name & behalf of my Colleagues, I am, Sir, your most obedient, S. Holten
FC (PPIn: Holten Papers). In the hand of Samuel Holten and endorsed by him: "Copy of an official letter to the Secry. from the Delegates. May 7th 1783."
1 No letter of this description has been found, although Holten may have enclosed these Massachusetts accounts with his letter to Gov. John Hancock of April 30.
Mr. Bland suggested that the Prisoners of War should be detained, until an answer be given as to the delivery of slaves, represented in a letter from Mr. Thomas Walke, to be refused on the part of Sr. Guy Carlton.(1)
On his motion seconded by Mr. Williamson it was ordered that the letter be sent to Gen. Washington for his information, in carrying into effect the Resolution of Apl. 15, touching arrangements with the British Commander for delivery of the posts, negroes &c.(2)
A Portrait of Don Galvez was presented to Congress by Oliver Pollock.(3)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:28.
1 For Thomas Walke's May 3 letter to the Virginia delegates, complaining of the obstacles he had encountered in New York in attempting to reclaim Virginia slaves "wrested from us by the British enimy," see ibid., pp. 5-7.
2 See JCC, 24:333; and Elias Boudinot to Washington, May 9, 1783.
3 See the following entry.
I have the honor to infom you in answer to your favour of the 7th inst. that Congress have chearfully accepted the portrait of Don Bernardo De Galvez late Govenor of Louisiania in consideration of the early & Zealous friendship of that Gentlemen frequently manifested in behalf of these States, and have directed me to cause it to be hung up in the Hall of the Presidents House.(1)
It is with Pleasure I make this communication, And am &c.
E. B.
LB (DNA: PCC, item 16).
1 See JCC, 24:333. According to the Catalog of American Portraits maintained at the National Portrait Gallery, Washington, D.C., the location of this portrait is not known.
I have the honor of transmitting to your Excellency (together with the system recommended for the support of public credit) the address of Congress to the several States in the Union, on the important subject of public finance -- a subject in which the well-being of the Confederacy is most intimatly concerned.(1)
This system has received the most solemn deliberate, & serious consideration of Congress -- to which I am instructed to call the most speedy attention of your State.
If this should not find the Legislature sitting or likely so to do in a very short Time I am expressly commanded by Congress earnestly to request it may be summoned with all possible expedition.
The Difficulty of doing business without a full Congress, and the great importance of their present deliberations, make it necessary again for me to remind the States whose representation in Congress is deficient of the great propriety of insisting on the immediate attendance of their Delegates.(2)
I have the Honor &c, E B
LB (DNA: PCC, item 16).
1 For the enclosed fiscal resolves of April 18, and "Address to the States" on the "necessity of complying with them" adopted on April 26, see JCC, 24:256-61, 277-83. For the drafting of the "Address," which was the work of James Madison as chairman of a committee (with Oliver Ellsworth and Alexander Hamilton) appointed on April 18, see Madison, Papers (Hutchinson), 6:487-98. The final Address and Recommendations to the States was accompanied by eight numbered "Papers" documenting the fiscal crisis facing the United States, which were incorporated into the 64-page pamphlet printed by David C. Claypoole enclosed by Boudinot, for which see JCC, 24:285-311, 25:986-87; and Evans, Am. Bibliography, nos. 18,223-18,224. For the dissemination of congressional fiscal recommendations at this time, see also Morris, Papers (Ferguson), 7:767-81, 789-90.
2 For the difficulty of maintaining a quorum in Congress at this time, see also Boudinot to Certain States, June 3, 1783.
I have the honor of inclosing to your Excellency, an Act of Congress of the eighth instant, together with the Letter,(1) therein referred to, and have the pleasure to be, Your Excellency's Most Obedient & very Humble Servant. Elias Boudinot.(2)
RC (DLC: Washington Papers). LB (DNA: PCC, item 16).
1 At this point in the LB an asterisk was inserted, to which the following note was keyed in the margin: "Letter from Mr Walke relating to the Enemy's taking off Negroes." For Congress' response to the representations of Thomas Walke, see James Madison's Notes of Debates, May 8, 1783 .
2 Boudinot also wrote the following additional letter to Washington this date: "I have the honor of enclosing to your Excellency a Copy of the recommendatory System of Finance, lately adopted by
Congress, together with their address to the several States [see the preceding entry], which may serve for your information and amusement." Washington Papers, DLC.
A question on a Report relating to the occupying the Posts when evacuated by the British was postponed by Virginia in right of a State.(1)
Mr. Dyer moved a recommendation to the States to restore confiscated property conformably to the Provisional Articles. The motion produced a debate which went off without any positive result.(2) Adjourned to Monday.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:29.
1 This report had been submitted by a committee appointed on May 6 to recommend a reply to Washington's May 3 letter "on measures necessary to be taken respectg western
2 There is no mention of this matter in the journals. At issue was article V of the "Provisional Articles" ratified by Congress on April 15, which provided that "Congress shall earnestly recommend it to the legislatures of the respective states, to provide for the restitution of all estates, rights and properties, which have been confiscated." See JCC, 24:248.
The Bearer of your kind Favour of the 5th Instt. this moment called on me, and is to return immediately. I will do what lays in my Power to finish his Business.
My poor Susan(1) has been very ill, and is but just begining to set up, tho' I hope quite on the recovery. When able, and I am convinced it will not be inconvenient to your domestic matters, will give her a Jaunt to Grme Park, of which she is very fond. I sincerely sympathize with you in all your Troubles. I most earnestly wish it was in my Power to remove them all, and to restore their direct reverse, I mean the most perfect Happiness. I have also seen some Trouble in my Life, and therefore can feel for my Friends. Have often experienced, as the only Consolation amidst impending Evills, the great advantage of looking to the great Governor of the universe, as directing all the Affairs of this lower World, even the most minute with infinite Wisdom. The kindest Father will sometimes correct the most beloved Child, in a manner not entirely suitable to the apprehension of the sufferer -- and I have often taken notice that the most hospitable Lord, will chearfully part with the finest Lamb of the flock.
God only knows, what designs infinite wisdom has on our sufferings. This is sufficient for us, to know, that he who has counted all the Hairs of our Head, and whose Knowledge extends to the falling of a Sparrow whose Price is but a Farthing, cannot do [...] "Of how much more Value are you than many Sparrows."(2)
I really am distressed for poor Mr S____n. Your [...] seem not to be at an End. I heartily pray to God, to grant you his special Support. I know this is but poor Comfort to one who stands in need of more effective aid, but I am tied by the Foot, or I would immediately pay you a Visit.
Mrs. Boudinot is confined with her one little Ewe Lamb, as you may imagine, as it [is] the chief of her Treasure.
Both join in kindest Love to yourself & Miss Stedman. Excuse this scrawl as it is wrote with all the hurry of a Man of Business.
Am truly, Your Affecte, Boudinot
RC (NN: Miscellaneous Manuscripts).
1 Boudinot inserted an asterisk at this point to which he keyed the following comment in the margin: "She has had the Measles severely."
2 Cf. "ye are of more value than many sparrows," Matthew 10:31 and Luke 12:7.
Having much to do and many letters to write I had determined to deferr answering yr. letters by this post -- but reflecting on yr. Punctuality -- I could not forego acknowledging the rect. of yr. letters of March the 6th, 10th & 14th which came all to hand about the same time, and with one of them the enclosed Bill on Inglis for 3313 dollars, which was paid at Sight -- and was tho a small sum very seasonable and acceptable. I am sorry that you have not been able either to rent or dispose of any of my Estates -- these -- go among the number of my small misfortunes -- an addition to which I have lately had in the loss of the most valuable servt. I ever possessd -- Bell -- who died Suddenly in child bed. I was much pleased with your political Reverie. I think there are some good & new thoughts. But there are so many Lycurgusses in our day -- that the Sentiments of an Individual is either lost or confounded with the rubbish of opinions so that there is little or no encouragement to set up a manufacture of constitutions. We find the cobler always ready with his awl & end to heel Tap the constitution where it wants mending -- and the Blacksmith to Iron bind the wheels of State. The wisdom of later ages has taught them not to listen to Political dogmas -- but to patch, Tinker & Solder up the old Kettle for present use -- and leave it to be mended and remended by future generations. I nevertheless love to Indulge political Chimera's. They sometimes produce good, always amusement. I am not much surprized at the new born Patriots who have lately made their appearance in yr. Hemisphere. Slip in is now the word and Yr. Womelys, and a long list of Zealous friends to America will now appear. Take care of
God Bless You, T Bland
RC (ViW: Tucker-Coleman Papers).
1 That is, thus you labor, but another gets the credit -- words written by Virgil to expose a rival who had wrongly claimed credit for a couplet written by Virgil. Hugh Percy Jones, ed., Dictionary of Foreign Phrases and Classical Quotations (Edinburgh: J. Grant, 1929), p. 111.
2 Bland's letter of this date to his sister Frances Tucker is also in the Tucker-Coleman Papers, ViW. Although chiefly devoted to personal and family matters, it also contains the following observations on public service and the prospects of retirement. "A series of almost eight years constant employment in Public business, attended with a Constant abstraction from the greatest number of those I love most and from those scenes capable of yeilding the most real pleasure, and in which I most delight -- begins to excite in me strong inclinations, for quiet retirement; I have persued the course in which I began untill I thank god we are nearly arrived at the goal -- dont pun on the word -- and I have serious thoughts of returning in the fall to the bosom of solitude, friendship, and peace -- never more to launch into the troubled Ocean of Politics, to Hunt after the Phantom Fame or persue the Bubble Honor e'en in the Canons-mouth."
Mr. McClanaghan not being in Town I have not receivd an answer on your order. If he shou'd fail to pay it, I shall draw agreable to your direction. My stay here will be longer than I expected, owing to a fall from my Sulky, which hurt my Left arm considerably. It is mending, but slowly.
I wrote some time past to the G & C on the Subject of yours of the . I hope that business is accomplishd, & that I shall receive an order by next post; the extraordinary expences I am obliged to be at make it more, & more necessary.
I beg leave to refer you to the enclosd paper. I am, Dear sr. with sentiments of respect, yr. Mo Obt & Hble Servt, Danl. Carroll
RC (MdAA: Red Books).
Little has occurred here worth your Excellency's notice since Colo. Dyer addressed you by Messenger Brown.(1)
An interview has been had between General Washington & Sir Guy Carleton at Orange-town, for sundry purposes relating to the execution of the 7th article of the provisional treaty. Every assurance is given by the Latter that New York with Penobscot shall be evacuated as soon as the Shipping necessary for that purpose can be procured, which he has sent for. Commissioners on the part of the United States are appointed to superintend, with others on the part of the british, the embarkation, to prevent any property being carried away which by the treaty is stipulated to be left. It is not probable that our Army will disband till the embarkation takes place.
The Army are like to be furnished with three months pay at the time of disbanding. Part of it must be a paper anticipation. Mr Morris will continue in office until the engagements necessary to be entered into for that purpose shall be discharged. The troops of the southern Army composing the Pennsylvania, Maryland & Virginia Lines are sent for to be brought into their respective States, in order to their being discharged. Congress are now busyed in reducing as fast as may be the publick expenditures, & setling the necessary peace arrangements. A plan of revenue for funding the publick debt, which has taken up much time in Congress, will be immediately forwarded for the consideration of the States, accompanied with the documents necessary to give information relating to that important subject.(2) As was natural to expect at the close of so long a war, we find a considerable debt on our hands, which, all will agree, it much concerns our national Character & prosperity to provide for, how various so ever may be the opinions as to the mode of doing it. It is, I think, Sir, also of much importance at this time that the accounts of the several States with the United States should be liquidated & brought to an equitable adjustment. Unless this is done it will be impossible to preserve mutual confidence & a good understanding among them, or to obviate the objections which almost every one in its turn makes against complying with the requisitions necessary for the common interest & safety. Commissioners for liquidating those accounts are now gone & going into the States. The necessary instructions to the one nominated for Connecticut, I understand by Mr Morris, are sent forward, & hope, if he is approved by the State, he will be able immediately to proceed to business.(3)
We are not yet, Sir, favoured with the definitive treaty of peace, which is now daily expected. The completion of it is supposed to have been somewhat delayed to consult the approbation of the Emperor of Germany & the Emperess of Russia, who particularly interested themselves in the restoration of a general peace.
By the enclosed paper your Excellency will perceive that another change has taken place in the british ministry. Not seeming in a humour to be satisfied, that fickle nation one day sacrifices a premier
I am informed by Colo. Dyer that he expects Judge Huntington will soon come forward to Congress to releive him. I have to request, Sir, that some Gentleman of the Delegation may also soon come forward to releive me. I expect to be under the necessity of returning in the month of June at farthest.
I have the honor to be, Sir, with great respect & consideration, Your Excellency's most obedt, humbl Servt. Oliver Ellsworth.
RC (Ct: Trumbull Papers).
1 See Eliphalet Dyer to Trumbull, April 12, 1783 .
2 See Elias Boudinot to the States, May 9, 1783.
3 That is, William Thompson, who had been nominated to the post upon the resignation of Melancton Smith, and was approved by the Connecticut Assembly during its May 1783 session. See Morris, Papers (Ferguson), 7:441, 450.
{Marbois lately took occasion in our family (1) to complain of ungenerous proceedings of the British against individuals as well as against their enemies at large and}(2) finally signified that {he was no stranger to the letter transmitted to Congress which he roundly avered to be spurious. His information came from Boston} where the {incident is said to be no secret} but {whether it be the echo of letters from Philadelphia or has transpired from the correspondence of Mr. Adams to his private friends is} uncertain.(3) This {conversation passed during my absence in New Jersey but was related to me by Mr. Carrol.
A project for a treaty of commerce with Britain has been reported by Secretary foreign affairs and is now in the hands of a committee.(4) The objects most at heart are first a direct trade between this country & the West Indies. Second a right of carrying between the later and other parts of the British empire. Thirdly a right of carrying from West Indies to all other parts of the world. As the price of these} advantages, {it is proposed that we shall admit British subjects to equal privileges with our own citizens. As to the 1st object it may be observed that the bill lately brought in British parliament renders it probable that it may be obtained without such a cession.} As to the {second that it concerns eastern states} cheifly and {as to the third that it concerns them alone.} Whilst the {privilege to be ceded} will cheifly if not alone {affect the southern states.} The interest of these {seems to require that they should retain at least the faculty of giveing any} encouragement {to their own merchants ships or mariners which may be necessary to prevent relapse under scotch monopoly or to} acquire {a maritime importance.} The {eastern states need no such precaution.}
Genl. Washington & Genl. Carlton have had an interview on the subject of arrangements for executing the provisional Treaty. It was interrupted by the sudden indisposition of the latter. In the conversation which took place he professed intentions of evacuating New York & all the posts in the U.S. held by British Garrisons as soon as possible, but did not authorize any determinate or speedy expectations. He confessed that a number of Negroes had gone off with the Refugees since the arrival of the Treaty, and undertook to justify the permission by a palpable & scandalous misconstruction of the Treaty, and by the necessity of adhering to the proclamations under the faith of which the Negroes had eloped into their service. He said that if the Treaty should be otherwise explained, compensation would be made to the owners and to make this the more easy, a register had been & would be kept of all Negroes leaving N.Y. before the surrender of it by the British Garrison. This information has been referred by Congs. to a Committee.(5) But the progress already made in the discharge of the prisoners, the only convenient pledge by which fair dealing on the other side could be enforced, makes it probable that no remedy will be applied to the evil.
I have sent Mr. Randolph a pamphlet comprehending all the papers which are to be laid before the States relative to the National debt &c. and have desired him to let you have the reading it.(6) The fewness of the copies made it impossible for me to get one for each of you.
I am Dr Sir your sincere friend, J Madison Jr.
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:39-40.
1 That is, Madison's fellow boarders at the lodgings of Mrs. Mary House, among whom was Daniel Carroll mentioned by Madison at the end of this paragraph.
2 Words printed in braces in this text were written by Madison in a variation of the official Virginia cipher.
3 For speculation on the circulation in Massachusetts of the marquis de Barbè-Marbois' intercepted letter of March 13, 1782, critical of the American peace ultimata, see ibid., p. 40n.2. See also Madison's Notes of Debates, December 24, 1782.
4 See Madison's Notes of Debates, May 6, note 3 .
5 Washington's letter of May 8 enclosing copies of his correspondence with Sir Guy Carleton and the "Substance of the Conference" they held on May 6 had been referred on May 12 to a committee of three chaired by Madison which apparently returned the documents to Charles Thomson on May 21 without reporting. See JCC, 24:340n.1; PCC, item 152, 11:253-74, item 186, fol. 101; and Washington, Writings (Fitzpatrick), 26:402-6, 408-9, 410-12.
6 For this pamphlet, see Elias Boudinot to the States May 9, 1783, note 1.
By Mr. Lee who set out yesterday afternoon I sent you a pamphlet collecting into one view all the acts & documents relative to the National debt &c, which Congress have prepared for the Legislatures.(1) For still more minute information on the subject, I refer you to Mr. Jones who is now on his way to Virga. and will be at Richmond a few days after Mr. Lee. I refer you to him rather than to the latter gentleman because the task will coincide more with his sentiments as to the measure.
Genl. Washington & Genl. Carlton have had an interview on the subject of the provisional treaty which was interrupted by the indisposition of the latter. It wd. seem from the conversation which passed that altho' a sincere intention is professed of evacuating N.Y. & all the other posts, the time at which it may be expected is very uncertain; and that a shameful evasion of the article for restoring the slaves will be practiced. Carlton did not deny that numbers of them were going off from N.Y. and attempted to justify the indulgence by a most outrageous misconstruction of the Treaty; and by the [professed?] necessity of adhering to the tenor of the proclamations under which the Negroes had resorted within the British lines. He said that in case a different construction of the Treaty sd. be established a compensation would be made to the suffering owners, and that the precaution of keeping Registers of all Negroes which should leave N.Y. would be accordingly observed. An ominous sample of candor & good faith in our New friends!
We have no further advices of the definitive Treaty. The sweets of peace begin to be amply enjoyed notwithstanding its delay. All foreign commodities have fallen to a price, almost below example, whilst the produce of the Country has proportionally risen beyond former prices. Salt is already down at 1/4 Dr. per bushel & wheat up at 8/. per do. I hope a removal of all legal obstacles to a share of these blessings,
J. Madison Jr.
[P.S.] The letter from the Govr. signifies that the territorial cession of Virga. has been revoked. Is this the fact? Ascertain it & let me know.(2)
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:42-43.
1 See Elias Boudinot to the States, May 9, 1783, note 1 .
2 In his letter of May 3, 1783, Gov. Benjamin Harrison had mistakenly informed the delegates that the Virginia assembly had revoked its land cession of January 2, 1781, a mistake which he corrected in his letter of May 9. See Madison, Papers (Hutchinson), 7:4, 30-31. See also Charles Thomson to Harrison, April 22, 1783.
General Washington & Sir Guy Carleton had a meeting on the 5th instant; the interview was short, owing to Sir Guy being taken ill. The following is an extract of what passed between them.(1) With respect to the Evacuation of New York, Sir Guy Carleton informed the General that every preparation which his Situation & circumstances wou'd permit was making. That an additional Number of transports, & which were expected, were necessary to remove the Troops & Stores. And as it was impossible to ascertain the time when the Transports wou'd arrive, their passages depending on the Casualties of the Sea, he was therefore unable to fix a determinate period within which the British forces wou'd be withdrawn from the City of New York. But that it was his desire to exceed even our own wishes in this respect & that he was using every means in his power to effect with all possible dispatch an Evacuation of that & every other post within the United States occupied by the British Troops under his direction. That he Considered as included in the preparations for the final departure of the Troops, the previously sendg. away those persons, who supposed that, from the part they had taken in the present War, it wou'd be most eligible for them to leave the Country, and that upwards of 6,000 persons of this Character had embarked & sailed -- and that in this embarkation a number of Negroes were comprised. Genl Washington thereupon expressed his surprized, that after what appeared to him an express stipulation to the contrary in the treaty, Negroes the property of the Inhabitants of these States shou'd be sent off. To which Sir Guy Carleton replied, that he wished to be considered as giving no construction of the Treaty -- That by property in the treaty might only be intended
We inclose an Address with the System of Finance (2) and have the honor to be Your Excellencys and Honors most obedt Servts,
Danl. Carroll
Wm. Hemsley
RC (MdAA: Red Books). Written by Hemsley and signed by Carroll and Hemsley.
1 For Washington's "interview" with Sir Guy Carleton, see James Madison to Thomas Jefferson, this date, note 5.
2 See Elias Boudinot to the States, May 9, 1783 .
I have been looking with some degree of Impatiance for the Arrival of Mr. Foster, have had no information respecting his coming sence yours of 31st March, except one from Mr. Gilman of the 29th April, Wherein he mentions that Mr Foster had been in town a few days before, and that it was uncertain when he would set out. I am very sorry the state is unrepresented, like to be for some time, it is not likely that Mr. Foster will get here before I set out for home.(1)
I have business of Importance to transact in the Massachusetts State, which if neglected will cause me much trouble, if that was not the case I would have overlooked other inconveniences, and have tarried until the State had opertunity to send one in my room.
If I have no money from the State before I set out, I know not at present how to get home, but am in hopes I can borrow.
The Deligates from the State of Massachusetts have Instructions to bring on the Affair of the old money to see if Congress will do Justice to the Possessors,(2) and as far as I can learn, if Congress refuse to do it, the State will take it in, & do themselves Justice, by Stopages. Inclosed are an Address,(3) Newspaper &c.
I am Sir with sincere Regard your Honours Humle. Servant,
P White
RC (PHi: Gratz Collection).
1 White left Congress before May 21 and Abiel Foster did not begin attending Congress until July 29, 1783. See JCC, 24:352, 456.
2 See Stephen Higginson to Samuel Adams, May 20, note 9 , and June 10 , and Massachusetts Delegates to John Hancock, May 28, 1783.
3 See Elias Boudinot to the States, May 9, 1783 .
The President of Congress will of course have transmitted to Your Excellency the plan lately adopted by Congress for funding the public debt.(1) This plan was framed to accommodate it to the objections of some of the states; but this spirit of accomodation will only serve to render it less efficient, without making it more palatable. The opposition of the state of Rhode Island for instance is chiefly founded upon these two considerations. The Merchants are opposed to any revenue from Trade, and the state depending almost wholly on commerce wants to have credit for the amount of the duties.
Persuaded that the plan now proposed will have little more chance of success than a better one; and that, if agreed to by all the states, it will in a great measure fail in the execution, it received my negative. My principal objections were:
1st That it does not designate the funds (except the impost) on which the whole interest is to arise; and by which (selecting the capital articles if visible property) the collection would have been easy, the fund productive and necessarily increasing with the increase of the Country.
2dly. That the duration of the fund is not coextensive with the debt but limited to twenty five years, though there is a moral certainty that in that period, the principal will not by the present provision be fairly extinguished.
3dly That the nomination and appointment of the collectors of the revenue are to reside in each state; instead of at least the nomination
being in the United States, the consequence of which will be, that those states which have little interest in the fund by having a small share of the public debt due to their own citizens will take care to appoint such persons as are least likely to collect the revenue.
The evils resulting from these defects will be that in many instances the objects of the revenues will be improperly chosen and will consist of a multitude of little articles which will on experiment prove insufficient -- that for want of a vigorous collection in each state, the revenue will be unproductive in many and will fall chiefly upon those states which are governed by most liberal priniples; that for want of an adequate security, the evidences of the public debt will not be transferrable for anything like their value -- that this not admitting an incorporation of the Creditors in the nature of banks will deprive the public of the benefit of an increased circulation, and of course will disable the people from paying the taxes for want of a sufficient medium.
I shall be happy to be mistaken in my apprehensions but the experiment must determine.
I hope our state will consent to the plan proposed; because it is her interest at all events to promote the payment of the public debt on Continental funds (independent of the general considerations of Union & propriety). I am much mistaken if the debts due from the United States to the citizens of the state of New York do not considerably exceed its proportion of the necessary funds, of course it has an immediate interest that there should be a Continental provision for them. But there are superior motives that ought to operate in every state, the obligations of national faith honor and reputation.
Individuals have been already too long sacrificed to public convenience. It will be shocking and indeed an eternal reproach to this country, if we begin the peaceable enjoyment of our independence by a violation of all the principles of honesty & true policy.
It is worthy of remark that at least four fifths of the domestic debt are due to the citizens of the states from Pensylvania inclusively Northward.
I have the honor to be, Sir, Your most Obed ser, AH
P.S. It is particularly interesting that the state should have a representation here. Not only many matters are depending which require a full representation in Congress and there is now a thin one; but those matters are of a nature so particularly interesting to our state, that we ought not to be without a voice in them. I wish two other Gentlemen of the delegation(2) may appear as soon as possible, for it would be very injurious to me to remain much longer here. Having no future view in public life, I owe it to myself without delay to enter upon the care of my private concerns in earnest.(3)
FC (DLC: Hamilton Papers). Clinton, Papers (Hastings), 8:179-81.
1 See Elias Boudinot to the States, May 9, 1783 .
2 James Duane, John Morin Scott, and Ezra L'Hommedieu were the non-attending members of the New York delegation.
3 Hamilton added the following sentence to the RC sent to Clinton: "I take the liberty to inclose Y'r. Excell'y a letter to Mr. LeRoy's son for Mr. Floyd." Clinton, Papers (Hastings), 8:181.
I have receiv'd the letter you did me the Honor to write the 18th ultimo; it was deliver'd me by Mr. Appleton, who is still here with Mr. Wendel, & you may be assured of my attention to them, & more particularly so as they are recommended by you.
It never once entered my thoughts to be displeas'd with you for the reasons you are pleas'd to mention, but the true reason for my not doing myself the Honor of addressing you before, was, that I concluded when I undertook to attend Congress last, that I would correspond but little, on account of my health, & exercise more; yet I freely acknowledge my neglect in not noticing you by letter before.
You are pleas'd to congratulate me, "on the happy conclusion of the War," & please to accept in return the like salute & what adds to this agreeable event is that we have obtained all that cou'd reasonably be expected; such has been the conduct of our negociators, that, I think, they deserve the thanks of the public, & must ever be respected by this people; no person has a higher sense of instructions than I have, yet I can conceive, that circumstances may so alter affairs that they may & ought to be departed from for the good of their constituents; there is no danger here at present, whatever there may have been heretofore, of their conduct being disapproved, but the contrary; I conclude you are not unacquainted with the difficulties they have had to encounter, and when this comes to be known, & many other secret matters of State hereafter, I agree with you that it will have all the effects you are pleas'd to mention.
It is difficult to tell what will be the "Issue of the fifth Article,"(1) but you may expect a full compliance, so far as respects Congress, & then I expect the states will act with freedom, as they think proper.
I wish to stand well in the opinion of Dr. Lee, as I assure you he does in mine; and I have it in request from him to make you his best respects when I write.
By my correspondents, I understand that the late resolutions of Congress respecting the officers of the army are not likely to be agreeable to our state; It should be remembered that some years since, Congress engaged them half pay for life, not to make good their depretiation, as I understand some people say; And by our late resolutions
The late important resolutions of Congress respecting our finances, I do myself the Honor to inclose,(3) but as they will speak for themselves, I shall make no observations upon them, further than assuring you that they were come into after the greatest deliberations; & so was the resolutions respecting the officers of the army.
I have, with perfect respect, the Honor to be, your most obedient servant S. Holten
RC (NN: Samuel Adams Papers).
1 Holten was referring to the fifth article of the preliminary peace treaty, which required Congress to recommend to the states the restitution of confiscated property of "real British subjects...who have not borne arms against the said United States." See JCC, 24:248.
2 See JCC, 24:207-9.
3 Probably the revenue plan distributed in Elias Boudinot to the States, May 9, 1783.
Mr. Hamilton & Mr. Elseworth moved a call on the States, to fulfil the recommendation relative to the Tories.(2) After some remarks on the subject, the House adjourned.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:43.
1 Immediately preceding this entry Madison wrote "Monday May 12. See Journal. Tuesday May 13. No Congress."
2 That is, in keeping with Article V of the preliminary peace treaty ratified April 15 pledging that Congress would recommend that the states take measures to restore confiscated loyalist property. For a previous debate on implementing this article, see Madison's Notes, May 9, note 2 . See also Madison's Notes for May 19 and 20 .
See Journal.
The Report relating to the Dept. of For. Affairs taken up and after some discussion of the expediency of raising the Salary of the Secy. Congress adjourned.(1)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:44.
1 Madison originally wrote only "Thursday May 15. See Journal," and apparently after discovering that the journal did not mention the report later crowded this sentence into the small space available.
For the report at issue, which had been submitted to Congress on May 8 and was taken up again on May 23, see Madison's Notes, May 23, note 3 .
I am honoured with your very polite & friendly Letter of the 3d Ultimo, by our worthy Friend Capt. Pintard, whose dangers & distresses on his Passage to this Place, I make no doubt will be furnished you by himself.
Your very affectionate & kind congratulations on the very happy State of our public Affairs & the establishment of our Indepen[den]cy & Sovereignty, are accepted in the most pleasing Terms & reciprocated with the warmest Affection.
The Family here, feel most sensibly, the very singular Kindness & Hospitality with which their Friends Capt Pintard & his Family, have been honored by Mr & Mrs Searle for so long a series of Time, and of which they return the most lively remembrance.
I have been very fortunate in preserving the two Pipes of Wine you were so kind as to ship for me by the Sea Nymph, and which I doubt not but will answer my highest Expectations. Our excellent Friend Mr L. Pintard will write you particularly of the remittance I have made by this Opportunity of 45 Barrells of flour, which he thinks may Ballance the acct. These were shipped before the Capt's arrival, in order to accomplish the business which has been so agreeably anticipated by your kindness. Some of my Friends, Delegates in Congress have also sent for a few Pipes, which I hope you will be particularly careful to supply of the best Quality, as it will be a means of raising the Credit of your House in future here.
Permit me Sir, in the most cordial manner to wish you every Blessing this world can afford, and particularly those of the most permanent & substantial nature.
I must beg the favour of your honoring me by making my most respectful Compliments [and] best wishes acceptable to your good Lady and my old Friend Miss Searle with all your agreeable Family, in all which My Dr Mrs. Boudinot & Miss Susan most sincerely join.
I have the honor to be with every Sentiment of Esteem & respect, D Sir, Your &c
FC (NHi: Miscellaneous Manuscripts). In the hand of Elias Boudinot. Endorsed: "To John Searle, May 19, 1783."
1 John Searle, Philadelphia merchant and elder brother of James Searle, whose firm at Madeira was a principal source of wine to the United States. See Boudinot to James Searle, April 1, note.
Spent in debating the Report recommending provision for Tories according to the Provisional Artic[le]s of peace.(2)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:52.
1 Immediately preceding this entry Madison wrote:
"Friday, May 16. See Journal.
"Saturday May 17. No Congress."
2 There is no entry for this date in Secretary Thomson's journals. The report debated this day may, however, have been one submitted on April 1 by a committee (consisting of Samuel Osgood, Thomas FitzSimons, and John Francis Mercer) appointed on March 20 to take into consideration an instruction of the Virginia assembly opposing treaty commitments involving the restitution of confiscated loyalist property, which was recommitted to another committee (consisting of Mercer, FitzSimons, and Theodorick Bland) on May 20. It was recommitted a second time on May 29 and a revised version was adopted the following day, for which see JCC, 24:372-76; and PCC, item 20, 2:153-56.
Mr. George Readhead & Mr. John Johnston are impowered, by the Governor of South Carolina, to proceed to New York, & demand & receive all the publick & private Property which has been carried off, from Carolina, by his Britiannic Majesty's Forces.(1) The Governor has refer'd those Gentlemen to Us, for Advice & Assistance. We have given it as our Opinion, that they should wait on your Excellency, shew you their Commissions, & make your Directions the Rule of their Conduct: And, We request, that you will be pleased to instruct the Commissioners whom you have appointed to superintend the British Embarkations at New York, to afford Messrs. Readhead & Johnston any Aid which may facilitate the Object of their Mission; tho', from Sir Guy Carleton's Silence on the Subject of our Letter to him, & from his Conduct, as stated in your Excellency's late Letter to Congress, We fear that there is little Hope of Success.(2)
We have the Honour to be, with great Esteem & Respect, Sir, Yr. most obedt. Servts. J. Rutledge
John Lewis Gervais
Ra. Izard.
RC (DLC: Washington Papers). Written by Rutledge and signed by Rutledge, Gervais, and Izard.
1 For the appointment of Readhead and Johnston, and the delegates' previous communication with the British commander-in-chief at New York, see South Carolina Delegates to Sir Guy Carleton, March 27, 1783.
2 In response to this letter, Washington immediately introduced Readhead and Johnston to the commissioners he had recently appointed "to superintend the embarkation from New York," Egbert Benson, Daniel Parker, and William Stephens Smith. See Washington, Writings (Fitzpatrick), 26:455.
Recd. your favr. of April 14th, you may well think that I have been very Negligent in not Writing to you more frequent. It was not owing to the want of Respect, but as I could give you no meteriel Inteligence other than What was in the Publick Papers, would not trouble you with my scrawels, this serves to Cover an Address &c.(1) Also to inform you that I am about to return home. It gives me uneasiness that our State is so freequently unrepresented In Congress, and especially that it should be so at this critical time. My Business Calls me home, but if I was to Tarry longer I see no prospect of having a Collegue.
You will see by the Inclosed Newspaper an Account of the Arrivals sence this month came in. You may Judge that goods are plenty here, as they really are, there has not been time for all sorts of Goods to fall yet, neither have I been in the Way to know very particularly, but from good Authority I am informed that Salt is offered at one Pisterrene(2) per Bushel, it is likely we shall soon have more good in the Country, than will be paid for, for some time. I have business by the way home otherwise should expect to be at home before this reaches you. I remain sir your sincere friend & Huml. Servt, P White
RC (PHi: Etting Collection).
1 That is, the Address...to the States announcing the new financial plan distributed in Elias Boudinot to the States, May 9, 1783.
2 That is, pistareen, a Spanish 2-real piece -- or 14 of a Spanish dollar.
I herewith enclose you an address of Congress to the respective Legislatures and People of the U.S. I need make no comment thereon -- the purpose will sufficiently appear -- and I have no doubt the wisdom of our Legislature and the Honesty of the people will be manifested in giving it a hearty support, you will also find with it a report of our Expenditures
RC (ViW: Tucker-Coleman Papers).
Yours from Baltimore came to hand Yesterday & I Immediately called on Mr Morris -- who told me that he was determined not to abate an iota (was his expression) of what he had ask'd you. This precluded me from saying a word to him on the Subject.(1)
I do not wonder at the Suspicions you mention -- the same persons who entertain them, woud likewise say that it was a reflection occasiond by the same interested views, if they were told, that the offering of Annapolis instead of the other place, woud give Kingston a better chance of Succeeding.(2)
I shall leave this on next Saturday or Sunday & return by the E. Shore -- on acct of my wrist which is not yet in a condition to bear rough roads. I must make use of expedients, which are disagreeable to get out of Town. I have been I think cruelly treated. My love and compts. as proper & am my Dr Sr., Your Most assured & aff Hble sr.
Danl. Carroll
RC (MdHi: Lee, Horsey, and Carroll Papers deposit, 1985).
1 Not identified.
2 That is, having Kingston, N.Y., designated the permanent residence of Congress, for which see Virginia Delegates to Benjamin Harrison, April 10, note 3 ; and Elias Boudinot to the States, June 10, 1783.
The enclosed from Mr. McColloh we yesterday received under cover to the Delegates of North Carolina. I shall write to this gentleman 1 and acknowledge the receipt of his letter by a ship that will sail for London next week. It will be impossible for us to say any thing respecting his return, or the repeat of the confiscation act he mentions.
If you wish to write to him and an opportunity dos not offer from Edenton, enclose your letters to us, and they shall be immediately forwarded, either from this or New-York.(2)
Give my respectful compliments to your Lady and believe me, with the highest respect, Dear Sir, your most obedient & most humble servt. Benjamin Hawkins
RC (PHi: Gratz Collection).
1 Not found.
2 For the efforts of Henry E. McCulloh, a loyalist exile in London, to enlist the support of the North Carolina delegates and Iredell in his quest for the restitution of his confiscated North Carolina property, see Iredell, Papers (Higginbotham), 2:74-79, 380-85, 394-97, 445-46, 467-69.
I ought before this time to have written to you & given some short account of the state of politics in Congress, having promised you at my departure from Boston that I would do it -- but want of leisure, though it may appear strange, & not of inclination has hitherto prevented. By the last post I sent you under cover to Mr. E. Parsons (1) Our System of Finance, you will there see the product of four months labour, & be able to judge of the Views & the wisdom of Congress. In some of my Letters to Mr. Parsons, Mr. Cabot & Mr. Jackson &c,(2) I have mixed politics & business, & made some observations on the propriety & tendency of that System. The political parts of those Letters I desired them to communicate to you, if They have done so, you are acquainted in some degree with my sentiments as to that plan. The impost I always was opposed to, & being now confirmed in my opinion, as to the danger of too great an influence resulting from it to individuals, already too influential by far, I am now as much or more opposed to it than ever! It is the avowed intention of some to create a Congressional influence by the disposal of places of honor & of proffit, but the effect of this plan if adopted will be a very great increase of particular individual (3) influence & not Congressional. Congress may appear to appoint but it will be, of such persons only as may be nominated by others. Some late instances will show you what extensive influence some Gentlemen have -- & many I dare say wonder that after what has passed Mr. Morris should remain in Office. It is however not an easy matter to set him aside. His Friends in Congress are many & powerful. His continuance in Office is by others deemed absolutely necessary at present. It is supposed, & perhaps justly, that if any other person was to be appointed to his Office, or if the business was attempted
The arrival of Peace was to us very opportune, Our finances were low, Our resources small, Our affairs deranged & Our dependance on foreigners increasing very much -- by means of this fortunate Event We are liberated from very dishonorable restraints, & have an opportunity of retrieving our character & putting Our Affairs into a good train. Foreign Loans & the officious advice of distant Friends, is no longer necessary for us. We have nothing but the Debt to provide for at present, & that surely is not so large, as that we can not pay the interest with ease & punctuality, in the way of Quotas agreable to the Constitution. When We were pressed hard with very heavy Taxes to carry on the war, when Our all was nearly taken to raise, feed & cloath Our Army, when Our means of acquiring was destroyed by the Enemies Cruizers, it is true that under these circumstances, Quotas were not nor could they be paid -- but no man I think can with propriety say, that the interest of the Debt can not be provided for by the rule of the Confederation, untill fair trial has been made. If Quotas are assigned, the States may provide by Excises or in any other way such Funds as are necessary, & they ought to make the provision adequate & permanent, but the collection should be made by the States & the amount go to their respective credit. I should not think it eligible by any means to adopt the Impost or any other general Taxes, untill by experience it shall be found, that no other mode will answer. To attempt to strengthen the federal government by influence, must be at all times dangerous & will certainly introduce great corruption, but to do it at present & in the way proposed, will be peculiarly improper, for the force of Congress will not be thereby increased but lessned. It will greatly increase an influence which is now by much too great, & enable a few individuals to give law to Congress .
We are employed in making peace establishments, preparing Treaties of Commerce &c, but We are so divided in Sentiment that the work goes on very slowly. There are those who appear to be sorry that peace has taken place, or rather perhaps, that the terms are so good & we thereby rendered so independent of all foreign powers. These persons seize every occasion to find fault with it, to censure Our Commissioners, & to retard the complying with the Articles of the Treaty.
There are those also among us who wish to keep up a large force, to have large garrisons, to increase the navy, to have a large diplomatic Corps, to give large Sallaries to all Our Servants. Their professed view is to strengthen the hands of government, to make us respectable in Europe, & I believe, they might add to divide among Themselves & their Friends, every place of honour & of proffit -- but it is easy to see where all this will lead us, & Congress I think is not yet prepared for such Systems.
It is thought by many to be highly necessary that Congress should send forth their recommendations agreable to the fifth Article.(4) The States will consider it I suppose as matter of form, & such appears to have been the Ideas of Our own & the British Commissioners -- but the States ought seriously to set about measures for complying with the other Articles -- good faith & sound policy both require it. If it be delayed by the Massachusetts We shall certainly lose many good Subjects & give the British great advantages by peopling Nova Scotia for them. We can not forward their interest more than by taking measures to prevent the return of the greater part of the Refugees. No evil surely can arise from the admission of many of them -- a judicious line should be drawn, excluding all such as have been active against us, but the greater part have never been very inimical nor very much disposed to be active in their Service. If We exclude all those of Our own State they will be received by some of the other States, or go to Nova Scotia, & when they have set down in Business & formed their connexions, We never shall again recover Them. I see by the Boston papers that great pains is taken to prevent their return, by inflaming the minds of the people against them, & it is suggested that it will be highly ungrateful & will give great uneasiness to Our Allies. This argument is I suspect furnished by those very Allies, for certain it is, that they were the cause of Our being saddled with the Refugee Articles. Their object was to divide & perplex us by it, having done this, they on the same principles now endeavour to encourage our opposition to it, & if they can by this means prevent or delay a friendly, commercial intercourse between us & Brittain, They gain a great point. The same measures are used by Them here & in Congress. They expect in this way to retain their influence over us, & prevent any connexion with others -- but surely the good Sense of this people will guard Them against the intrigues of Foreigners, & will direct Them to pursue
Their true interests. No possible advantage can arise to us by engaging in a separate dispute with Brittain, on the contrary great injury may result therefrom. It [will] delay Our forming a beneficial commercial Treaty with Them. If such a Treaty was pushed immediately, while they feel anxious about Our Trade & are disposed to make large concessions to secure it, We might gain very important points -- but if by engaging in disputes with them it should be delayed, experience will shew Them that Our trade will necessarily fall to Them, individuals here will eagerly drive a Trade with them, & they will see that important concessions on Their part will not be necessary. Our policy should be to perfect the Treaty of peace & to comply with the several Articles on Our part, at least in appearance, that no objection may arise to Their engaging with us readily in the treaty of Commerce.
These are my own Sentiments on this subject & they correspond with those of Congress. I mention them freely to you because I think the interest of Massachusets is deeply concerned. Congress are now framing a commercial Treaty & preparing recommendations to the States to take measures for perfecting the Treaty of Peace. I hope no impressions will be made to prevent a candid attention to the Subject.
The Commutation given to the Officers for their half pay I find is disagreable to many in the Massachusetts. The Governor has wrote or the Council, I do not recollect which, for the yeas & nays on that question, they will find that We were unanimous (5) -- & if their design is to punish those who voted for it, by dropping Them, They must have an entire new delegation. For my own part I am very willing that such should be Their intention, for I am quite tired of public Life & wish to quit it for ever -- & I will thank you to inform the Gentlemen of both Houses, that I can not think of serving another year, should they be disposed again to elect me.
But a cool deliberate attention to the matter will, I think, result in an entire acquiesence on Their parts to the measure. The promise of half pay was made at a time when the Army was new arranged, by which many a great number of super numerary Officers were set aside -- -that arrangement was necessary for disciplining the Army & a great saving resulted from it -- but such was the temper of the Officers, that it would have been hazardous to have attempted the reform, without some such provision as the half pay. The General urged the necessity of the reformation, & at the same time stated that it would endanger the dissolution of the Army, if it was not made to be the interest of the Officers to remain in the Service -- The particular situation of Our Affairs at this time was such, that had the Army been broke up, it must have been fatal to Our Cause. The promise of half pay appears then to have been a necessary measure at least it appears that the General & Congress thought it so -- the promise was made & was absolute -- Congress was therefore bound to take measures for securing the half
May 21. Having missed the opportunity by which I expected to have forwarded this Letter, I have time to be more particular with respect to the Refugees. It seems to be the opinion of Congress & I confess it is my own opinion, that the whole of the fifth Article, except the last clause,(7) is to be considered as merely recomendatory, & the States may decide as they please upon it. A question may arise whether it would not be good policy to comply with some other parts -- but the last clause I take to be absolute & obligatory. It is not to be understood that the persons mentioned in the last clause, are such as come within the descriptions mentioned in the former parts of that Article. They must be such therefore as it would be very unjust to deprive of their claims upon confiscated Estates. It would be absurd to suppose that a man who had forfeited his own Estate should be entitled to recover a Debt due to him from another forfeited Estate. The same principles which justify the takeing from him the former will surely justify his being deprived of the latter.
But it may be a question whether those who by the sixth Article(8) will save Their Estates, not being already confiscated, will not also be entitled by the last clause of the fifth Article, to their just demands on Estates that have been confiscated, for such demands are certainly a part of Their property or Estate. The sixth Article appears to be explicit & absolute. This Article will occasion the most difficulty I imagine -- it is very much opposed to the feelings & interest of the people & will probably meet great opposition in some of the States -- it should however be considered, that the interest which may by that Article be restored to individuals, bears no proportion to that which may be lost by not complying with it. The giving up those Estates is the only concession We have made in the Treaty, it is the only price We have paid for the many great points conceded to us. When the French saw that
Brittain had acceded to terms, vastly more beneficial to us than They had any Idea of, or They wished us to obtain -- They then endeavoured to prevent the completion of the Treaty & by their intrigues urged on Brittain to insist on very large provisions for the Refugees. Lengthy discussions & warm debates between Our Commissioners & the British ensued. Monsr. Vergennes interested himself very much in the discussion, & finally obliged Our ministers to accede to the Refugee Articles as they now stand, but not till long after every other point was settled. Their policy in doing this was, in the first instance, to break off the Treaty & deprive us of those concessions, which they wished us not to obtain -- in this They failed. The same policy now leads them to encourage an opposition to the Treaty here, to bring on a dispute between us & Brittain, & if they can, to create such dissension as shall retard if not prevent a compliance with the Articles. The Articles relative to the Refugees, they find somewhat obnoxious to us, as they expected, & They will use every means in their power, to strengthen and encourage an opposition to Them. It is their interest to do this, I therefore do not blame Them for it, but I think We shall be highly blameable, if We suffer them to mislead us. We must expect much intriguing & many attempts to inflame & mislead us, but a cool steady attention to Our interest, to their interest, to the tendency of the measures they propose & the channels through which they are communicated, will enable us to guard against Them. Nay we may even turn their own weapons against themselves, as Our Commissioners did in Europe.
But there is another important question as to the Refugees, it is whether they or any of them shall again be admitted as Citizens. To increase the number of good Subjects certainly is desireable & must be for Our interest, but it may be doubted whether any of that Class ever can make good Subjects. In order to form a right judgment on this question it will be necessary to attend to their characters &c. Many of them have conducted in such a manner, both before & since the evacuation of Boston, their opposition to us has been so uniform & active, their minds are so sound & become so rancorous, that their admission can not be in any degree prudent -- the just resentment of the people against such characters, would not suffer them to reside among us, & their malice is so great, so deep rooted, that they would be dangerous to us.
Their are others & by far I suppose the greater part of those who went away, that never were greatly opposed to us in principle, who have never taken an active part against us, who very soon wished again to return & live among us, whose feelings have in the main been with us, who were persuaded to go away by their friends, whose fears hurried them off, when there immediate interest led them to depart from us with an intention of soon returning, or who by a variety of acci
Their having such a strong desire to live among us must I think evidence a good disposition toward us. They will be desirous of effacing every impression & all remembrance of their past conduct -- this & the recollection that their Conduct in future will be very narrowly watched, must certainly induce them to the most exemplary behaviour.
If increasing the number of good Subjects is desirable & We have good evidence that any part of the Refugees will become such, should it not be Our policy to receive Them? Can We not draw a line that may admit the return of such as will again be good Subjects, & exclude all those that will be dangerous to us or that we are doubtful of? We know well every character among them, why then may We not say that A, B & C. shall not be permitted to return, naming Them, but that all others shall on certain conditions be again received? It may not perhaps be improper nor unjust to require of Them such Sums, as will be equal to double the amount of the Taxes paid, by persons of equal property during the war -- whether it would not be best to delay the taking any decided explicit measures for this purpose, in order that the passions of people may subside, & their feelings which would lead to an opposition have time to abate &c, deserves attention -- but if it is thought best to receive Them at any future day, no step should be taken that can make them dispair of being admitted, for with such an impression They will probably settle in Nova Scotia, or in some of Our sister states -- & having fixed themselves down, in either, they will soon form such connexions, as will make it difficult for them to remove, though you should then even invite them to return. By permitting them to return on some such conditions as I have suggested, We may avail Ourselves of a great part of Their property, not already confiscated,
With respect I am Dr Sir you most humle Servt.
S. Higginson
Sir May 22.
The report on the old money has been several times called up, but the disposition of Congress is clearly not to decide upon the matter at present (9) -- nor will they come to any Question as to the former requistions & supplies. Every thing of the kind is opposed & by some means or other set aside. Many motions have been made since I have been here to bring forward Questions of that kind & have failed. The rules of Congress make it easy to get rid of disagreable motions.
There are so many States that are delinquent, such a variety of Sentiments as to what is right or eligible, that I very much doubt whether any of those Questions will be ever settled. They seem to be afraid of promoting dissensions & uneasiness among the States by deciding on such Subjects, but I think much more danger will arise from a delay of such decissions. It has been Our intention to push them to some decission as to the old money, but no good opening has presented since the business of finance has been finished, & while that was on the Table they would not attend to any other matter. We can not muster nine States above one day in a Week, there being but just nine States in Town. The Financier has given permission to Mr. Hillegas to receive the April & May money remaining in Our Treasury. Mr. Osgood has got with him the State of all the different emissions & can give you every information respecting the several situations of the States as to money matters. I am Sir respectfully yours &c. S. H.
RC (NN: Samuel Adams Papers).
1 Not found.
2 Higginson's letters to George Cabot and Jonathan Jackson have not been found, but one to Theophilus Parsons has been printed above under the date April 7-10? 1783.
3 That is, Robert Morris.
4That is, the fifth article of the preliminary treaty of peace with Great Br itain, concerning the restitution of loyalist property and their rights.
5 Higginson was probably referring to the Massachusetts delegates' unanimous vote of March 22 in favor of substituting five years of full pay, for half pay for life, to eligible Continental officers. JCC, 24:207-10.
6 Not identified; but for some of Washington's letters supporting half pay, see these Letters, 9:411n.1, 420n.2 , 16:235n.3.
7 Which reads "that all persons who have any interest in confiscated lands, either by debts, marriage settlements or otherwise, shall meet with no lawful impediment in the prosecution of their just rights." JCC, 24:249.
8 Which reads, "That there shall be no future confiscations made, nor prosecutions commenced against any person or persons for or by reason of the part which he or they may have taken in the present war." Ibid.
9 See Massachusetts Delegates to John Hancock, May 28, 1783 .
On the proposal to discharge the the troops who had been enlisted for the war (amounting to ten thousand men) from the want of means to support of them.
Mr. Carroll urged the expediency of caution, the possibility that advantage might be taken by G. B. of a discharge both of prisoners and of the army, and suggested the middle course of furloughing the troops.(1)
Mr. Dyer was strenuous for getting rid of expence; considered the war at an end; that G. B. might as well renew the war after the definitive Treaty as now; that not a moment ought to be lost in disburdening the public of needless expence.
Mr. Rutlidge viewed the conduct of G. B. in so serious a light that he almost regretted having voted for a discharge of the Prisoners. He urged the expediency of caution, and of consulting the Commander [in] chief. He accordingly moved that the Report he referred to him for his opinion & advice. The motion was seconded by Mr. Izard.
Mr Clarke asked whether any military operation was on foot that the Commander in Chief was to be consulted. This was a national question, which the National Council ought to decide. He was agst. furloughing the men because they would carry their arms with them.(2) He said we were at peace, & complained that some could not separate the idea of a Briton from that of cutting throats.
Mr. Ellsworth enlarged on the impropriety of submitting to the Commander in Chief a point on which he could not possess competent materials for deciding. We ought to discharge the men engaged for the war or to furlough them. He preferred the former.
Mr. Mercer descanted on the insidiousness of G. B. and warmly opposd the idea of laying ourselves at the mercy of G. B., that we might save fifty thousand dollars; altho' Congress knew that they were violating the Treaty as to Negroes.
Mr. Williamson proposed that the soldiers be furloughed. Mr. Carroll seconded him, that the two modes of furlough & discharge might both lye on the table.
By general consent this took place.(3)
The Report as to confiscated property, on the Instructions from Virga. & Penna. was taken up, & agreed to be recommitted,(4) together with a motion of Mr. Madison to provide for the case of Canadian refugees, & for settlement of accts. with the British, and a motion of Mr. Hamilton to insert, in a definitive Treaty, a mutual stipulation not to keep a naval force on the Lakes.(5)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:53-54.
1 There is no entry for this date in Secretary Thomson's journals. Congress had already resolved on April 23 to leave the furloughing or discharging of troops "engaged to serve during the war," "to the discretion of the Commander in Chief." See JCC, 24:270; and Madison's Notes, April 23, 1783.
2 This too had been authorized on April 23. Ibid.
3 For Congress' return to this issue, see Madison's Notes, May 23 and 26, 1783.
4 See Madison's Notes, May 19, note 2.
5 See JCC, 24:348nn.1 and 2, 369-72.
In obedience to your request I am to answer by this post your favor of the 7 inst.(1) recd yesterday. My brevity will therefore be excused.
For the tenor of the conditions on which Congs. were formerly willing to accept the cession of Virga. I beg leave to refer to their resolutions of the 6 of Sepr. & 10 of Ocr. 1780.(2) I take it for granted you have their Journals. The expunging of the article relative to State expences was a subject of no less regret with me than it is with you & for the same reason, but I acknowledge that considering the probable defect of vouchers in Virga. & the ardor with which the clause was supported from some other quarters, mine was much diminished in the course of the discussion.(3) On the last trial there were but two or three states besides Virga. that favored it. S. Carolina's opposition to it had great weight.(4) After this clause was expunged it was thought improper to retain the connective clause as Virga. will now be at liberty to confine her accession to the revenue part of the plan, without enlarging her territorial Cession or being deprived of the opportunity of annexing any Conditions she may think fit. The connective clause however could not have been carried I believe either before or after the mutilation of the plan. Notwithstanding this disappointment I adhere to my wishes not only that the revenue may be established, but that the federal rule of dividing the burdens may be changed, and the territo
I am sorry your departure from Richmond became necessary before more of the members were assembled. I make no doubt that useful impressions have been left with those who were so & were susceptible of them. I shall keep in mind the intimation relative to Mr. Short. The idea of adding the fraction of a year to my Congressional service is totally new,(5) and even if it sd. prevail, will not as far as I can now see, coincide with my private conveniency.
Since my last I have been able to procure for you a copy of pamphlet which I herewith enclose.(6) If in consequence of the provisional steps I before took it sd. prove a duplicate I shall thank you to forward one of them to my father. The ladies & gentlemen join me in complimts. to Miss Patsy & to your self.
Adieu J.
RC (DLC: Madison Papers). In Madison's hand, though not signed. Madison, Papers (Hutchinson), 7:56-57.
1 See ibid., pp. 23-25.
2 See these Letters, 16:45-46 , 95-96 , 216-17 .
3 That is, Congress had dropped from its funding plan the proposal to assume each state's reasonable war expenses, an omission that affected vouchers issued by Virginia which had either been destroyed in the invasions of the state or were involved in the tangled claims of Simon Nathan and Oliver Pollock. See Virginia Delegates to Benjamin Harrison, January 28, note 1 , and February 4; and Virginia Delegates to Bernardo de Gálvez, May 4, 1783.
4 See Madison's Notes of Debates, April 17 and 21, 1783.
5 That is, Madison's term of service could technically be extended four months to March 1, 1784, three years after the ratification of the Articles of Confederation, even though that document stipulated that no delegate could serve beyond a third consecutive term which in Madison's case was due to expire at the end of October.
6 Undoubtedly Congress' Address and Recommendations to the States, for which see Elias Boudinot to the States, May 9, 1783, note 1 .
Your favor of the 9th inst.(2) was duly brought by yesterday's Mail. My impatience is great to know the reception given to the propositions of Congress, by the Assembly.(3) I foresaw some of the topics which are employed against them, & I dread their effect from the eloquent mouths which will probably enforce them; but I do not despair. Unless those who oppose the plan, can substitute some other equally consistent with public justice & honor, and more conformable to the doctrines of the Confederation, all those who love justice and aim at the
The letter from the Delegation by the last post to the Govr. appri[sed] the legislature thro' him that negociations for a Treaty of Commerce with G. B. might be expected soon to take place and that if any instructions should be deemed proper no time ought to be lost in giving the subject a legislative discussion. For my own part I wish sincerely that the commercial interests of Virginia were thoroughly investigated & the final sense of the State expressed to its representatives in Congress.(4)
The power of forming Treaties of Commerce with foreign nations is among the most delicate with which Congs. are intrusted, and ought to be exercised with all possible circumspection. Whilst an influence might be expected from them on the event or duration of the war, the public interest required that they should be courted with all the respectable nations of Europe, and that nice calculations of their tendency should be dismissed. The attainment of the object of the war has happily reversed our situation and we ought no longer to enslave ourselves to the policy of the moment. The State of this Country in relation to the Countries of Europe, it ought to be observed, will be continually changing, and regulations adapted to its commercial & general interests at present, may hereafter be directly opposed to them. The general policy of America is at present pointed at the encouragement of Agriculture, and the importation of the objects of consumption. The wider therefore our ports be opened and the more extensive the privileges of all competitors in our Commerce, the more likely we shall be to buy at cheap & sell at profitable rat[es.] But in proportion as our lands become settled, and spare hands for manufactures & navigation, multiply, it may become our policy to favor those objects by peculiar privileges, bestowed on our own Citizens; or at least to introduce regulations inconsistent with foreign engagements suited to the pesent state of things.
The relative situation of the different States in this respect is another motive to circumspection. The variance of their policy & interests in the article of commerce strikes the first view, and it may with great truth be noted that as far as any concessions may be stipulated in favor of foreign nations they will cheifly be at the expence of those States which will share least in the compensations obtained for them. If for example, restrictions be laid on the Legislative right of the States to prohibit, to regulate or to tax as they please their imports & exports, & to give such preferences as they please to the persons or
vessels employed in them, it is evident that such restrictions will be most felt by those States which have the greatest interest in exports & imports. If on the other side the Citizens of the U.S. should in return for such a stipulation be allowed to navigate & carry, in forbidden channels, is it not equally evident [that] the benefit must fall to the share of those States which export & consume least, and abound most in resources of ships & seamen.
Nor should it be overlooked that as uniform regulations of the Commerce of the different States, will so differently affect their <different> several interests, such regulations must be a strong temptation to measures in the aggrieved States which may first involve the whole confederacy in controversies with foreign nations, and then in contests with one another. I may safely suggest also to your ear, that a variety of circumstances make it proper to recollect that permanent engagements entered into by the Confederacy with foreign powers, may survive the Confederacy itself, that a question must then arise how far such engagements formed by the States in their federal character, are binding on each of them separately, and that they may become pretexts for quarrels with particular States, very inconvenient for the latter, or for a general intrusion into American disputes. On the other hand candor suggests that foreign connections, if founded on principles equally corresponding with the policy & interests of the several States might be a new bond to the federal compact.
Upon these considerations I think it would be advisable to form all our commercial Treaties in future with great deliberation, to limit their duration to moderate periods, & to restrain our Ministers from acceding finally to them till they shall have previously transmitted them in the terms adjusted, for the revision & express sanction of Congress. In a Treaty of Commerce with G. B. it may be the policy of Virga. in particular to reserve her right as unfettered as possible over her own commerce. The monopoly which formerly tyrannized over it, has left wounds which are not yet healed, & the numerous debts due from the people, & which by the provisional articles they are immediately liable for, may possibly be made instruments for reestablishing their dependence. It cannot therefore be for the interest of the State to preclude it from any regulations which experience may recommend for its thorough emancipation. It is possible that experience may never recommend an exercise of this right, nor do my own sentiments favor in general, any restrictions or preferences in matters of commerce, but those who succced us will have an equal claim to judge for themselves and will have further lights to direct their judgments. Nor ought the example of old & intelligent nations to be too far or too hastily condemned by an infant & inexperienced one. That of G. B. is in the science of commerce particularly worthy of our attention; And did she not originally redeem the management of her Commerce
The leading objects in the proposed Treaty with G. B. are 1. a direct commerce with the W. Indies, 2. the carrying trade between the different parts of her dominions, 3. a like trade between these & other parts of the world. In return for these objects we have nothing to offer of which we could well deprive her, but to <please> secure to her subjects an entire equality of privileges with our own Citizens. With regard to the 1. object it may be observed, that both the temper & the interest of the nation leave us little ground to apprehend an exclusion from it. The French have so much the advantage of them from the facility of raising food as well as the other produce of their Islands, that the English will be under the necessity of admitting supplies from the U.S. into their Islands, and they surely will prefer paying for them in commodities to paying for them in cash. With regard to the 2 & 3 objects, it may be observed that altho' they present great advantages, they present them only to those states which abound in maritime resources. Lastly with regard to the concession to be made on the part of the U.S. [it] may be observed that it will affect cheifly, if not solely, those States which will share least in the advantages purchased by it. So striking indeed does this contrast appear that it may with certainty be inferred that If G. B. were negociating a Treaty with the former States, only, she would reject a mutual communication of the privileges of natives, nor is it clear that her apprehensions on this side, will not yet lead her to reject such a stipulation with the whole.
If this subject should be taken up by the Legislature, I hope that altho' not a member, your attention & aid will be given to it. If it sh. not be taken up publickly, I wish for your own private sentiments & those of the most intelligent members which you may be able to collect.
We have no European intelligence. Sr. G. Carlton in a letter to Gel. W. avows the same sentiments as were expressed in the conference relative [to the] Negroes, but repeats his caution agst. their being understood as the national [constr]uction of the Treaty.(5)
I send you herewith three more copies of the pamphlet of Congress which I have procured since my last. 6 If Majr. Moore & Mr. F. Strother sd. be in the Assembly, I beg the favor of you to present one with my compliments to each of them. The third you will dispose of as you may think best.
In reviewing the freedom of some of the remarks which I have hazarded above, I am almost induced to recall them till I can cover them
RC (DLC: Madison Papers). In Madison's hand, though not signed. Madison, Papers (Hutchinson), 7:59-62.
1 Blank in the manuscript, but Madison undoubtedly wrote to Randolph on Tuesday the 20th as he did on every other post day in May.
2 See ibid., pp. 32-34.
3 That is, the fiscal resolves and address to the states forwarded by Pres. Elias Boudinot on May 9 that were presented to the Virginia assembly on May 22. See ibid., pp. 29n.2, 117-18.
4 For the May 23 instructions of the Virginia assembly on the proposed commercial treaty with Great Britain, see ibid., p. 69.
5 For Sir Guy Carleton's May 12 dispatch to Washington, enclosed in the commander-in-chief's letter of May 14 and read in Congress on the 19th, see JCC, 24:347n.1; PCC, item 152, 11:275-86; and Washington, Writings (Fitzpatrick), 26:430-31.
6 See Elias Boudinot to the States, May 9, 1783, note 1.
If an official & joint correspondence with your Excelly. be less circumstantial than that which individual delegates may enter into with their private friends, we persuade ourselves that your Excelly. is too sensible both of our public & private respect for your character to impute to any defect of either. The difference can only proceed from the necessity in the former case of confining ourselves, not only to such matters as are worthy of the public, & for which we can be officially responsible, but to such also, with respect to which no diversity of private opinions may exist....
Notwithstanding the numerous arrivals from Europe, we receive no other information than what passes through the public prints. Sir G. Carlton in answer to a letter from General Washington on the subject of the provisional Treaty repeats the same sentiments regarding the Negroes, which he advanced in the Conference at Orange Town; entering a Caution however against their being considered as a final construction of the article.(1) We have the honor to be with great esteem Yr. Excellency's obt. & humble servants, J. Madison Jr
MS not found; reprinted from extracts in Cal. of Va. State Papers, 3:485, and Madison, Papers (Hutchinson), 12:477. It is described in the Calendar as a letter from James Madison, Theodorick Bland, and John Francis Mercer, which began with an acknowledgment of Harrison's letter to them of the 9th concerning Virginia's territorial cession, for which see Madison, Papers (Hutchinson), 7:30-31; and Madison to Edmund Randolph, May 13, note 2.
1 See Madison to Randolph, this date, note 5.
I have the honor of enclosing to your Excellency two Letters that have been committed to my Care.(1)
Not a Word of News from Europe, but what is taken from the New York Papers.
Have the Honor to be with great respect, Your Excellency's Most Obed & very Hble Servt. Elias Boudinot
RC (DLC: Washington Papers).
1 Perhaps the May 20 letters written by General Armand-Tuffin and Lt. Col. Jean-Baptiste Ternant from Philadelphia concerning the latter's claims to promotion, which are in the Washington Papers, DLC, and which Washington answered May 28. Washington, Writings (Fitzpatrick), 26:456-58.
I have been Impatiently waiting some Weeks in hopes & expectation that some Gentleman in Delegation from the State of Connecticut would arrive to my relief, and with Mr. Ellsworth represent that State in Congress. I most Sincerely wish Connecticut & every other State to be represented; I wish the New England States to be represented; I wish they had not Suffered for want of a full representation. When I Consented to attend Congress the last time I understood it to be the mind of the Assembly that 3 should attend from that State in so Critical a season, but that has been the Case but for a little time in the Course of the Year. It is unhappy to have a State divided, which sometimes must be the Case when but two, or yield & Condescend the one to the other. It is very inconvenient that a Member cannot be absent, whatever the Occasion may be, but it leaves the State unrepresented. I have been urged, I have tarried, I have never heretofore left the State Unrepresented, tho it has frequently been done, & I believe to good satisfaction; but I begin to be Apprehensive that as long as I tarry no Gentn will come forward, for I believe no one is fond of being here, am therefore determined by the leave of Providence to set out on my return in a very few days.(1) I think I cannot be blaimed, I hope & trust I shall be excused, & as I expect to be at Hartford before the Assembly rises, renders it unnecessary for me to enlarge in this letter, and nothing New of Importance to Communicate. Am, with the greatest Esteem and regard, Your Excellcy most Obedt, Hle Servt
Elipht Dyer.
RC (Ct: Trumbull Papers).
1 Dyer left Philadelphia on May 29. See Dyer to Thomas Shaw, June 3, 1783.
I expect to leave Congress next month at farthest & must call on you & Mr. Strong to agree between you which shall come forward to take a Seat -- that the State may not be without a representation at a time when it is so indespensible as at the present. I have written to Mr. Strong (1) who I think has never taken a tour tho' chosen a number of years; if his health will admit it perhaps he will have no objection to come forward at this time. You will how[ev]er please to confer with him & adjust the matter between you as shall be most convenient. Col. Dyer proposes to leave us next week & expects Mr. S. Huntington will soon be here in which I hope he will not be disappointed.(2)
We have nothing material from Europe later than you have. Congress are now busy in adjusting the necessary arrangements for peace & reducing as fast as may be the publick expenditures.
I am Dr Sr. yr. obed. H Sert. Oliv Ellsworth
RC (NRom: Huntington Autograph Collection).
1 Ellsworth's letter to Jedediah Strong has not been found.
2 Dyer's proposed return to Connecticut is also documented in the following brief letter that Ellsworth wrote to Gov. Jonathan Trumbull on May 28.
"I have to beg the favour of your Excellency, if it shall be consistant, that the necessary orders may be given for forwarding to me by Jesse Brown or some other safe conveyance a sum not less than sixty pounds on account of my expences in attending Congress; which sum I shall probably have occasion for if as I fear will be the case I shall have to remain here to the last of June.
"Colo. Dyer expects to set out tomorrow & will I hope reach Hartford before the assembly rises." Trumbull Papers, Ct.
I was in great hopes to have seen you at Greenfield upon my return home -- but I having been detaind rather longer than I expected and finding by conversation with Mr Simpkin that you would probably leave Greenfield about this time I in[c]lose to Mrs Dwight for you at North Hampton a pamphlet -- containing the resolutions of Congress relative to finance -- which when you have read I wish you to circulate among your friends. I hope you have by this time got ready an affirmative answer to the Parish in Charlestown -- but if not I hope Mrs. Dwight will be our advocate. I think she will form connections there at Boston, which will be very agreable.
I wrote her a few lines on the subject -- hope you & she will excuse hast -- & be assured that I [am] your sincere friend & very humble servant, Nath Gorham
RC (NN: Emmet Collection).
1 Yale tutor, poet, chaplain to Parson's brigade of the Connecticut Line, gentleman farmer, and president of Yale College, 1795-1817, Dwight had represented Northampton in the Massachusetts legislature in 1781-82, and was in the process of selecting a pastoral home, becoming in July 1783 minister of the Congregational church at Greenfield Hill, Conn., where he served until 1795. DAB.
I inclose for the use of the Honble Senate the printed address & recommendations of Congress to the several states respecting our Finances, notwithstanding I have reason to think they will be made acquainted with them officially before this comes to hand.(2)
I have also the Honor of inclosing a state of the receipts & expenditures of public monies, from the time of the Superintendent of Finance coming into office to the first day of January last.(3)
I have the Honor to be, with the highest respect, Sir, your most obedient servant.
FC (DLC: Holten Papers). In the hand of Samuel Holten. Addressed: "The Honorable, The President of the Senate, Massachusetts."
1 That is, Massachusetts Senate president Samuel Adams. Holten also sent a slightly variant copy of this letter to "The Speaker of the House of Represts., Massachusetts," a draft of which is in the Holten Papers, MHi.
2 See Elias Boudinot to the States, May 9, 1783 . The "Address and Recommendations to the States" was subsequently reprinted in Boston "By Order of the Hon. House of Representatives of the Commonwealth of Massachusetts." JCC, 25:987.
3 See Holten to John Hancock, April 30, 1783, note 2 .
Wednesday May 21.
Thursday. May 22.
See the secret Journal for these two days.(1) The passage relating to the armed neutrality was generally concurred in for the reasons which it expresses.
The disagreements on the questions relating to a Treaty of Commerce with Russia, were occasioned chiefly by sympathies, particularly in the Massachussetts Delegation with Mr. Dana; and by an eye in the navigating & Ship building States, to the Russian Articles of Iron & Hemp. They were supported by S. Carolina who calculated on a Russian market for her rice.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:64.
1 JCC, 24:348-57.
The Report from Mr. Hamilton, Mr. Gorham and Mr. Peters, in favor of discharging the soldiers enlisted for the war; was supported on the ground that it was called for by Economy and justified by the degree of certainty that the war would not be renewed. Those who voted for furloughing the soldiers, wished to avoid expence, and at the same time to be not wholly unprepared for the contingent failure of a definitive treaty of peace. The view of the subject taken by those who were opposed both to discharging and furloughing, were explained in a Motion by Mr. Mercer seconded by Mr. Izard to assign as reasons, first that Sr. Guy Carlton had not given satisfactory reasons for continuing at N. York, second, that he has broken the articles of the provisional Treaty relative to the negroes, by sending them off.(1)
This motion appeared exceptionable to several, particularly to Mr. Hamilton, & rather than it should be entered on the Journal by yeas & nays, it was agreed that the whole subject should lye over.(2)
The Report relating to the Department of For. Affairs being taken up: Mr. Carroll seconded by Mr. Williamson moved that no public Minister should be employed by the U. S. except on extraordinary occasions.(3)
In support of the proposition it was observed that it would not only be economical, but would withold our distinguished Citizens from the corrupting scenes at foreign Courts, and what was of more consequence would prevent the residence of foreign Ministers in the U. S. whose intrigues & examples might be injurious both to the Govt. & to the people.
The considerations suggested on the other side were that Diplomatic relations made part of the established policy of Modern Civilized nations, that they tended to prevent hostile collisions by mutual & friendly explanations, & that a young Republic ought not to incur the odium of so singular & as it might be thought disrespecful innovation. The discussion was closed by an adjournment till Monday.
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:66-67.
1 See JCC, 24:358-61. Although the delegates were unprepared this day to accept the committee's report to begin disbanding the army, the recommendation was carried just three days later. For an analysis of the fiscal crisis facing Congress and the superintendent of finance's explanation that it was simply impossible both to feed the Continental troops and to pay them -- that "unless they are disbanded immediately the Means of paying
2 For the resumption of this debate on May 26, see JCC, 24:363-65.
3 For the submission of this report to Congress on May 8 and its initial discussion in Congress on May 15, see JCC, 24:334-35; and Madison's Notes, May 15. Secretary Thomson's journal entry for May 23d makes no mention of either the report or of Daniel Carroll's retrenchment motion, but for a discussion of the foreign service establishment proposed by Secretary Robert R. Livingston and the anti-Gallican congressional opposition that emerged to check the secretary's plans, see Howard J. Phillips, "The U. S. Diplomatic Establishment in the Critical Period, 1783-1789," (Ph.D. diss., University of Notre Dame, 1968), pp. 31-32, 38-43, 46-60, 364-69.
After thanking you in the name of the frontier Counties for your very generous Contribution to our proposed College at Carlisle I beg leave before your Departure to Suggest a few thoughts to you as one of the fathers and patrons of the institution by which means you may serve us essintially abroad and thereby make up in a Smal degree for the lose we Shall Sustain by your absence.(1)
1. In mingling with the learned and the great you may have frequent oppertunities to obtain gifts of books and philosopical instruments and apparatus proper for a College.
2. In mingling with the wealthy you may perhaps give Some of them an oppertunity of gratifying thire benovolence upon our infant Seminery especialy in Great Britain were the rich who have been our Enemies may be glad to Show a return of thier affections for america by such an act of generosity.
As soon as the Board of Trusties is formed you may depend upon recieving a Delegated power for the porpose but a great deal may be done immediatly without it.
It will always give me pleasure as well as your frineds our Susquhannah to hear from you while [you] are on your trevals. Wishing you and your amiable Lady Happiness abroad. and safty in returning to your native Countrey, I am my Dear frind your most obdt and Very Humble Servant, John Montgomery
RC (PHi: Gratz Collection).
1 For Montgomery's work in founding Dickinson College, see Montgomery to Robert Magaw, February 11, 1783, note 2. For Bingham's support of the institution, which he also agreed to serve as trustee, see Robert C. Alberts, The Golden Voyage: The Life and Times of William Bingham, 1752-1804 (Boston: Houghton Mifflin Co., 1969), pp. 117-18. The reference to Bingham's "departure" is to the grand tour of Europe he was about to embark upon now that the war was over. Ibid., pp. 120-56.
The Resolutions on the Journals instructing the Ministers in Europe to remonstrate agst. the carrying off the Negroes; Also those for furloughing the troops <enlisted for the war>, passed unanimously.(1)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:80.
1 See JCC, 24:363-65. No votes on these resolutions were recorded in the journals.
I duly recd. your's of the 16th inst.(1) yesterday by the post, and hope as you are fixing a communication with Fredg. that I shall hear often from you during my stay here thro' the same channel, as I shall be attentive on my side to fulfil your wishes on that subject. How long my stay will be continued here is uncertain, but longer probably than my last indicated. I wish for this reason, that tho' I shall attend to the bark & Vitriol for my mother, an intermediate supply may be procured within the State. I shall endeavor to provide a chair for you, on a convenient model, perhaps with a top to it if such an addition will not too much augment the price. I have hitherto not been inattentive to the request of Mos. Joseph, but shall in consequence of your letter renew my efforts for the books, which the return of peace, renders more likely to be attainable for him. I see few books in the Catalogue which you have sent which are worth purchasing, but I will peruse it more carefully & send you the titles of such as I may select.
I rcd. a letter from Mr. Jos. Chew a few days ago by which & the information of Col. Wadsworth who brought it & is a friend of his, I find that he is in N.Y. with his family, that they are all well, that he continues as yet to hold a post which supports them comfortably, that altho' he has enjoyed opportunities of honestly laying up profits, his generosity of temper has prevented it. I cannot learn whether he proposes to remain in this country or not, but am inclined to think he will go to Canada, where he has some little expectations. He seems to be exceedingly anxious to hear of his friends in Virga. and I have written as fully to him on the subject as my knowledge would admit. I wish some of his friends on the spot & particularly yourself would write to him. Besides the information he wd. receive, it would be a pleasing proof to him that he still retained a place in their remembrance & regards.
We are without information of late as to the progress of the definitive Treaty, and of the bill in the British Parliamt. for opening trade with the U. States. The confusions produced in their councils by the long suspension of the Ministry seem to put every thing to a stand. The paper which I inclose will give you the latest information on that subject. Remember me affectionately to all the family & be assured that I am, Yr. dutiful son, J. Madison Jr.
P.S. I have got a piece of silk for Sally which I shall send by the first opportunity if any offers before I set out myself. Perhaps I may make an addition to it. Fanny I suppose too must not be overlooked.
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:87-88.
1 Not found.
A letter recd. yesterday from Mr. F. Webb, inclosing bills in my favor for £200 Virga. Curny. informed me of the successful effort of your friendship for my relief. Mr. Ambler informed me that your attempt was for £100 more, but was abridged on a doubt as to the balance due to me. My answer to him by this conveyance will shew that you would have been sufficiently under the mark.(1)
The next post I hope will bring me your remarks on the Budget of Congress, with the pulse of the Assembly with regard to it.(2) The example of Virga. will have great & perhaps decisive influence on the event of it. In Rhode Island they are attacking it in the News papers before it has appeared. But this State is swayed by a party which has raised & connected its importance with an opposition to every Contl. measure. The bulk of the people are taken in by a belief that if no general impost on Trade be levied, their State will be able to tax the neighbouring States at pleasure. Should all the other States unite heartily in the plan, I do not think any single State will take upon itself the odium & the consequences of persevering in a veto upon it.
I wish much to know how far your hope was well founded of an introduction of Mr. Jefferson into the Legislature. The hopes of some I find extend to his Mission to Congress. The latter would be exceedingly fortunate & if his objections are not insuperable ought & I trust will be urged upon him by his friends. I have been also indulging a hope that your return for such periods as would be most interesting, & wd least interfere with the exercise of your profession, might be reconciled to your views. Unless temperate & experienced members come in for the ensuing year, I foresee that the exclusions reqd. by the Confederation will make way for a change in the foederal Councils not
favorable to those catholic arrangements on which the harmony & stability of the Union must greatly depend.
We have recd. no accession of intelligence either as to the progress of the definitive Treaty, of the bill in the British Parlt. for commerce with the U. S. or of the negociations among the hungry suitors for the loaves & fishes of the Administration.
I am Dr. Sir Yr sincere friend, J. M.
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:89-90.
1 For Jacquelin Ambler's May 10 letter to Madison and Madison's May 28 statement of receipts from the Virginia treasurer, see ibid., pp. 35-36, 93.
2 For reports on the Virginia assembly's reaction to Congress' funding plan from Randolph, Joseph Jones, and Edmund Pendleton, see ibid., pp. 72-73, 75-77, 81-82.
We have been honored with your Excellency's favor of the 17th instant.(1) Mr. Jones we believe carried with him a copy of the offer of a Seat for Congress in the State of N. York. Lest it should have happened otherwise, we will endeavor to provide one for the next mail.(2) The propositions of Congress with regard to Revenue have long since been transmitted to your Excellency by the President. Relying on the full explanations of our two Colleagues who will attend the General Assembly, we have supposed it unnecessary to trouble you with any less perfect remarks on that subject in our correspondence.
The state of our information from Europe remains precisely as at the date of our last; the progress of the definitive Treaty, of the British bill relative to a commerce with the United States, and of the arrangements for a new administration, being left in the utmost uncertainty by the latest arrivals in this part.
Congress have received no further communications from the Commander in chief, with respect to the Conduct of the British Commander at New York, touching the evacuation of that port, or the execution of the other articles of the provisional Treaty. The breach of that which stipulated a restoration of the Negroes, will be made the subject of a pointed remonstrance from our Ministers in Europe to the British Court; with a demand of reparation;(3) and in the mean time General Washington is to insist on a more faithful observance of that stipulation at N. York.
We have the honor to be with great esteem and respect yr Excelly's Obt. Hble Servts. John F. Mercer
J. Madison Jr.
Theok. Bland Jr4
MS not found; reprinted from Burnett, Letters, 7:172, which was "Copied from the original, then in the possession of Mr. Stan V. Henkels of Philadelphia."
1 See Madison, Papers (Hutchinson), 7:49-50.
2 The New York "offer" and a similar one from Maryland were apparently sent to Harrison with the delegates' now missing letter of June 3, for which see ibid., p. 86n.2. For these offers "of a Seat for Congress" later circulated by the president, see Elias Boudinot to the States, June 10, 1783.
3 See Madison's Notes of Debates, May 26, 1783.
4 This day the delegates also wrote to the Virginia auditors of public accounts regarding £500 Virginia currency remitted to them by treasurer Jacquelin Ambler, for which see Madison, Papers (Hutchinson), 7:92.
In Consequence of our Conversation the other Evening, I give you in Writing my Thoughts on what was the Subject of it. An Adventure in Lands, particularly in those near the frontier Settlements and the navigable Rivers of Pennsylvania and New York, might, I think, be very advantageous to those concerned in it, if conducted on proper Principles and in a proper Manner. I will tell you, without Reserve, the Terms, on which I would undertake the Management and Direction of the Business. I must have a fourth Part of the Lands. The Capital appropriated for the Purchases ought to be £100,000 Sterling. It must not be under £60,000 Sterling. The whole must be deposited in Philadelphia; or be, in some other Way, at my Order, before I make any Engagements for Lands. The Money advanced for my fourth Part must be payable in seven Years: No Interest to be paid for the three first Years: An Interest of 5 per Cent per an. to be paid for the four last Years. I would not wish more than three Persons to be joined with me in the Adventure; because a Partnership composed of a great Number is often, for that Reason, inconvenient. However, as my Share and Interest is not to be affected by a greater Number than three, I do not propose that Number as a Condition.
These Terms being complied with, I will examine the Titles, make the Purchases, superintend the Conveyances, direct what shall be necessary to be done with the Lands belonging to the Company, and make Sales where I shall think it adviseable or advantageous to sell. I will keep, in regular Books, an Account of my Transactions with and for the Company: To the Inspection of any Member these Books shall be open: And any Member may have a Copy of them; provided he pay me the Expence of having it made for him. I will reserve no Purchases for my own Benefit, without the Consent of the Company: But such Engagements as I have already made, and such as I may make before the proposed Company shall be established, and its Establishment
Perhaps it may be thought, that the Interest for three Years of at least £15,000 Sterling is a great Consideration: But it should be remembered, that the Trust is great; that the Care and Trouble will be very considerable; and that I lay myself under a Restraint, which precludes me from other Advantages. I must have a Clerk for writing the Deeds and Transactions of the Company, and keeping their Accounts. To their Business I must make some Part of my Practice in the Law subservient: This, you know, is no small Sacrifice.
If a Partnership shall be formed on the Terms and Principles I have mentioned; I hereby empower and authorise you to accede to it for me and in my Name. I do this, because, if the company is formed, it is of great Importance that it be formed soon, and that I be enabled soon to begin the Purchases. No Time should be lost in sending over the Articles of the Partnership, and placing the Money so as to be at my Order. 1
I am, with much Regard, dear Sir, sincerely yours,
James Wilson
RC (PHi: Gratz Collection).
1 Wilson's negotiations with Bingham at this time led to their formation of the Canaan Company in partnership with Robert Lettis Hooper, a prosperous New Jersey speculator, and Mark Bird, Wilson's brother-in-law. For Wilson's extensive speculations in western lands, which included shares in the vast claims of the Illinois-Wabash Company, see Page Smith, James Wilson, Founding Father, 1742-1798 (Chapel Hill: University of North Carolina Press, 1956), pp. 159-65. For Bingham's involvement with Wilson, see Robert C. Alberts, The Golden Voyage: The Life and Times of William Bingham, 1752-1804 (Boston: Houghton Mifflin Co., 1969), pp. 115-16.
The Works belonging to Col. Bird and me on the River Delaware, and the additional Purchases which we propose to make have required and will require very large Disbursements.(1) We wish to borrow a Sum in Europe. I rely on your Friendship for every Assistance you can give in this Matter. You can mention the Security we can give. If Money cannot be procured on easier Terms; we will give an Interest of six per Cent for £10,000 Sterling; but hope it may be got for 5 per Cent as our Security will be unquestionable. We will take it for any Term not shorter than three nor longer than seven years. In order to save Time, it will be proper for the Lender to empower some Person
James Wilson
P.S. You will be good enough to write to me on the Subject of this Letter as soon as possible, J.W.
RC (PHi: Gratz Collection).
1 See Page Smith, James Wilson, Founding Father, 1742-1798 (Chapel Hill: University of North Carolina Press, 1956), pp. 160-61.
We have not been inattentive to the letters of instructions which we have been honored with from the General Court respecting the old paper money, but have not been able to procure a determination of Congress upon the subject; for sometime past there has been only nine States represented in Congress, when all the members in town attended, & by reason of indisposition of one Gentleman, & sometimes others not attending, that, when there has been nine states present, business of the greatest importance, press'd so hard, that it was difficult to determine, which ought to be attended to first; However, Monday last was assigned for the further consideration of the matter,(1) but there not having been nine States represented, in Congress, since, it still lays as the order of the day, to be taken up as soon as there is a sufficient number present; And your Excellency and the Honorable Court may be assured of our greatest attention to the same, & we hope to be able to give you further information, upon this subject, before the end of the present session of the General Court.
Agreeably to our instructions, we have the honor of inclosing, several official accounts, respecting the emissions of continental money.(2)
We have, with perfect respect, the honor to be, your Excellency's most obedient servants, S. Holten
Nath Gorham
S. Higginson
N.B. The accounts mentioned, above can't be compleated before the post will sit out, but will be forwarded with our next.(3)
RC (M-Ar: Revolutionary War Letters). Written by Holten, and signed by Holten, Gorham, and Higginson.
1 See JCC, 24:357-58.
2 Not identified.
3 See Massachusetts Delegates to John Hancock, June 9, 1783 .
We have to acknowledge receipt of your Excellys. Letter of the 13th Instant.(1) From principle as well as to comport with the sense of Our Constituents, we should not fail to embrace the first, and every favorable Opportunity to obtain the Repeal of a Resolution so repugnant in its Spirit (& Operation, if carried into effect), to those Principles, which form the Basis of Our Foederal Constitution -- and which we believe would never have existed, had the Delegates of every State pursued the Instructions, or general Wishes of their Constituents.
But the present time is unfavorable to attempt it, New Hampshire, is unrepresented -- and whose Delegates, have ever been hearty in Opposition to it, Connecticut's Delegation is not yet changed -- which we have reason to hope would be a change in our favor; Those States -- together with New Jersey, and Rhode Island, were the only ones which ever acted against such a Measure since our being in Congress.
There have been for some time past but Eight States represented. This confines the business to a very narrow Circle, as a principal part of it which should now engage their Attention requires the voices of nine States.
We have had no late advices from Europe, our last gave encouragement of the Completing the definitive Treaty some time in April.
With the highest respect for your Excellency and the Honorable Assembly, We have the honor to be Your very humble servants,
John Collins
Jona. Arnold
RC (R-Ar: Letters to Governors). Written by Arnold and signed by Arnold and Collins.
1 In the letter to the delegates printed under a May 10 date in Staples, Rhode Island, p. 440, Governor Greene explained the Rhode Island Assembly's instructions directing them to seek repeal of Congress' March 22 commutation resolution allowing Continental officers "whole pay" for five years in compensation for their "half pay" for life.
I now forward by Mr. Darrach 12 Copies of the Recommendations of Congress,(1) for the use of the Delaware State. An additional number are order'd to be printed, of which our proportion will be sent forward
I am sir, your most obt. Servt, E. M:Comb.(3)
RC (DLC: Nicholas Van Dyke Papers).
1 That is, the April 26 Address and Recommendation to the States, for which see Elias Boudinot to the States, May 9, 1783.
2 See JCC, 24:364; and James Madison's Notes of Debates, May 26, 1783.
3 McComb also wrote the following note, addressed to "Mr. Solomon Maxwell, Christiana Bridge," on May 28.
"On the 29th March last a small Box and a Demy John, directed to Dr. James Anderson, of Chester Town, was forwarded to you. The box was by mistake put down as a Keg in the freight list, which it is probable has prevented its being sent on. The demy John has arrived safe, but there is no acount of the box. Be pleased to enquire into this matter, and if it is in your Store I wish it were return'd to Mr. Hollingsworth because I presume there are now no opportunities by land from Christiana to Chester Town." Levi Hollingsworth Papers, PHi.
The report of the Committee concerning the Interest on British debts was committed after some discussion.(2)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:94.
1 Immediately preceding this entry Madison wrote: "Tuesday 27 May. Wednesday 28 May. No Congress."
2 For the origins of this report, which was originally drafted by Samuel Osgood and recommitted to a committee consisting of John Francis Mercer, Thomas FitzSimons, and Theodorick Bland on May 20 to "Report on a letter 19 March 1783 from Supr[eme] Execut[ive] of Pensylva. & resolutions of Assembly of Virginia" concerning stipulations in the preliminary peace treaty on the recovery of debts, see PCC, item 20, 2:153-56; item 186, fol. 103; and Madison's Notes, March 20, note 1, May 19, note 2 . For the adoption of the report's recommendations "concerning Interest on British debts," see Madison's Notes, May 30, note 3.
By Mr. Beresford (1) I was favoured with your Letter of 15th instant; & he at the same time delivered me 320 Dollars from you. Your drafts in favour of Walker, & Reedle amount to no more than 260 Dollars; so that I am at a loss to know why you have [in the language of the Chief Magistrate of a very respectable State](2) superadded Sixty Dollars: I shall however keep them, & be ready to pay them to your order.
My House, you say, is in a very ruinous condition. And this, in spite of my Lares; those beautiful & elegant plaster-headed household Gods, who could have been posted on the outward Wall, for no other purpose, but that of affording protection. I hope it will not be inconsistent with the plan to be formed by you, and Dr. Drayton, to have them dismissed, the old bricks rubbed from the top of the House, to the bottom, & the interstices new pointed. My intention is to have a Piazza in each Front, & an Area sunk; to give light to the Offices under the House. I have written to London for a Carpenter, & Builder. If I am so fortunate as to get such a one as McKenzie, or Bernard Elliott had, he will be very serviceable, & save me a great deal of expence. I am sorry to learn that so many of your Negroes are still missing; & the more so, as I fear that it will not be an easy matter to recover them. Sr. Guy Carleton has very explicitly given it as his opinion that the Negroes within the British Lines can not be claimed by virtue of the Preliminary Treaty, as property belonging to the Citizens of the United States, because they have been declared free by Proclamations, issued by Officers acting under the authority of the King of Great Britain. This is a most impudent evasion of the Treaty; & yet we are not in a condition to help ourselves. The conduct of the States respecting Revenue, has so totally annihilated all Continental Strength, & credit, that no Enemy need be afraid of insulting us. If the most Southern States do not in the course of a few years exhibit some melancholy proofs of the truth of this observation, I shall be greatly mistaken. The Delegates from those States which are most immediately interested in Carleton's affected misconstruction of the Article in the Treaty, respecting the Negroes, have attempted everything in their power to obtain redress. A majority of Congress were afraid to make an express declaration that the British had violated it. It was said that a renewal of hostilities might be the consequence of such declaration, & the case of General Burgoyne was adduced as a proof of the danger of declaring a Treaty broken. It is most certain that without money, and without credit we are by no means in a condition to continue the War: but bad as the British Ministry are, I can hardly think it
RC (ScHi: Middleton Papers).
1 Richard Beresford had just arrived in Philadelphia and took his seat in Congress this day. JCC, 24:369.
2 The passage within brackets appears to have been added later, in a space which Izard originally left blank.
3 For the enclosed May 26 congressional resolve, concerning Britain's responsibility to evacuate the United States "without causing any destruction, or carrying away any negroes or other property of the American inhabitants," see JCC, 24:363-64.
The debates on the report recommending to the States a compliance with the 4th, 5, & 6th of the provisional articles were renewed,(1) the report being finally committed nem. con. See Secret Journal.(2)
The Report including the objections to interest on British debts; was also agreed to nem. con. not very cordially by some, who were indifferent to the object; and by others who doubted the mode of seeking it, by a new stipulation.(3)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:95.
1 For these debates, see Madison's Notes, May 9, note 2, and May 14, note 2.
2 For this report, which was written by Alexander Hamilton for a committee (consisting of Hamilton, Oliver Ellsworth, Benjamin Hawkins, Ralph Izard, and Madison) appointed on May 15 "To take into consideration & report to Congress what further steps are proper to be taken by them for carrying into effect the stipulations contained in thearticles" of the preliminary peace treaty, see PCC, item 186, fol. 102; and JCC, 24:369-72.
3 For the origins and adoption of this report, see Madison's Notes, May 29, note 2 ; and JCC, 24:372-76.
I do myself the honor to inclose to your Excellency a copy of an Act of the Legislature of New York for granting certain privileges to Congress, provided they fix upon the Borough of Kingston, for their place of residence.(1) A copy of the Act of the Corporation of Kingston, whereby the Trustees of the Freeholders offer Congress a mile square of Land, and relinquish to Congress their jurisdiction in the said Borough, has been sent to Wilmington, in order to stimulate the owners of the hill, (who have all of their property in the Borough) if not to give, at least to sell, on reasonable terms. These acts have been referred to a Committee, and a Report has been made, "That if the Borough of Kingston will grant 3 miles Square, and the Legislature of New york will enlarge their priviledges and grant them jurisdiction of Criminal Matters, it may be expedient to Accept of the offer." Since this Report was made advice has been received of a generous offer made by Maryland. That State offers the jurisdiction of the City of Annapolis, and ten miles round it -- The use of the State House, the Governor's House, and several other public buildings, and to give Thirty thousand pounds in Specie, towards erecting other buildings for the use of Congress, or the Delagates. Delaware cannot offer so much -- but, if the owners of the Hill above Wilmington will agree to it, a better situation, attended with many more advantages can be offered, and an extensive Charter of priviledges granted. As it is a matter of consequence, which, once past can never be recalled, I hope it will not be neglected.
Vessels from different Ports are frequently coming in, but there is yet no advice of the definitive Treaty being concluded. A new arrangement of the Ministry of England has been made. The Duke of Portland at the head of the Treasury, and Lord North & Charles Fox joint Secretaries of State.
This City is full of Goods, and the Merchants in a Continual bustle. Several English Houses are opened, and Goods of all kinds are falling daily. I have the Honor to be, Sir, your Excellency's most obt. and very hble Servant, E. McComb
RC (DLC: William Kent Gilbert Collection).
1 For the response to this New York offer, see Elias Boudinot to the States, June 10, note.
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I find at Boston the Letters are playing off the Refugee Article against the Commissioners.(1) Thus, the French will let no man maintain his ground who stands in their way. It is however a Game I expected they would play, and yet it is the more wicked and unpardonable when we know that Vergennes caused the Insertion of that Article himself, and did it too for the purpose of embarrassing us.(2) That this was the motive cannot be doubted, from the use that is now made of it by his Emissaries in this Country.
Would not the Annunciation of this fact guard the public from any further Imposition? Could any Evil arise from its being known at this time? Or do you think it too soon yet to set fire to the Train? It certainly is wrong to suffer ourselves to be thrown into this Confusion by the Intrigues of Foreigners, without making one Effort to expose them. Tho' it may might be a hard Task for an Individual to perform, Yet a Club of half a Dozen well chosen Friends might accomplish it with Ease. It would be doing the public an essential Service, and would rescue some of the best Characters from unmerited abuse.(3)
Tr (PRO: C.O. 5, 110:205-10; and P.R.O. 30/55 [Carleton, or British Headquarters, Papers], No. 8492). For the authorship of this letter and its transmittal by Sir Guy Carleton to Lord North, see the document note at Higginson to Unknown, April 1783.
1 That is, public opinion in Boston was critical of the American plenipotentiaries for agreeing to Article V of the peace treaty recommending restitution of loyalist property and estates.
2 There is no evidence to support this eccentric view of French influence on the negotiation of the peace treaty, although John Adams was similarly distrustful of Vergennes. See Richard B. Morris, The Peacemakers: The Great Powers and American Independence (New York: Harper & Row, 1965), pp. 364-73.
3 See also the following entry.
It is time that Massachusetts changed her Policy as to Refugees. Several of the States will receive any and every Body, and it will at last be found to be the Dictates of sound Policy and a regard to our own Interest to admit all who are not remarkably rancourous and active against us. But in the mean time the minds of the people should be prepared for such a measure by judicious publications on the subject.(1)
I have mentioned to You the large Peace Establishment, the formation of a Navy, and other favorite projects of the Financier and his Followers and Adherents. But these Propositions ought to be rejected by
Congress, and I think they will, tho' they will be back'd by that Influence which I have already described as being far too great. A thorough Understanding betwixt Morris, Livingston, the French Minister, the Spanish Agent, and some of the wealthier Citizens of this place, forms a Phalanx that attacks with great force, and when their whole Efforts are brought to a point, and their numerous Dependents are brought forth to action, they are almost irresistible. It is their practice to hunt down every man that can't be brought over to their Views, and so many Engines are set at work to depress every individual Opposer, that a man must have more than a common Share of good fortune to escape them, so that an Independent Spirit here is in a constant State of Warfare. I find it difficult to be well with these people, and at the same time act honestly; but as I am not easily discomposed I am determined they shall finally respect me in spite of themselves.
Congress have set too long in a City where every man affects the Politician, and having no System of his own, his Zeal is made subservient to the Designs of others, without his perceiving it. They must remove to some Spot where they will have a better Chance to act independently.(2)
Tr (PRO: C.O. 5, 110:205-10; and P.R.O. 30/55 [Carleton, or British Headquarters, Papers], No. 8492). For the authorship of this letter and its transmittal by Sir Guy Carleton to Lord North, see the document note at Higginson to Unknown, April 1783.
1 For a similar expression of this view on the return of "refugee" loyalists, see the May 21 postscript to Higginson to Samuel Adams, May 20, 1783.
2 For the final letter in this series of extracts sent by Carleton to North, see Higginson to Unknown, July 21, 1783 .
In my last letter(1) to Your Excellency I took occasion to mention that it was of great importance to the state, at this time to have a representation here as points in which by its present situation it is particularly interested are dayly and will be dayly agitated. It is also of importance at this moment to the United States (not only from general considerations but) because we have a very thin representation in Congress and are frequently unable to transact any of those matters which require nine states. I wish your Excellency would urge a couple of gentlemen to come on, as it becomes highly inconvenient to me to remain here and as I have staid the full time to be expected.(2)
I observe with great regret the intemperate proceedings among the people in different parts of the state in violation of a treaty the faithful observance of which so deeply interests the United States. Surely the state of New York with its capital and its frontier posts (on which its
An important distinction is not sufficiently attended to -- the 5th article is recommendatory -- the sixth positive. There is no option on the part of the particular states as to any future confiscations, prosecutions or injuries of any kind to person, liberty or property on account of any thing done in the war. It is matter of discretion in the states whether they will comply with the recommendations contained in the 5th article; but no part of the 6th can be departed from by them without a direct breach of public faith and of the confederation. The power of making treaties is exclusively lodged in Congress. That power includes whatever is essential to the termination of the war and to the preservation of the general safety. Indemnity to individuals in similar cases is an usual stipulation in treaties of peace, of which many precedents are to be produced.
Should it be said that the associations of the people, without legal authority do not amount to breath [breach] of the public faith? The answer is if the government does not repress them and prevent them having effect, it is as much a breach, as a formal refusal to comply on its part. In the eye of a foreign nation, if our engagements are broken, it is of no moment whether it is for the want of good intention in the government or for want of power to restrain its subjects. Suppose a violence committed by an American vessel on the vessel of another nation upon the high seas and after complaint made, there is no redress given -- is not that a hostility against the injured nation which will justify reprisals?
But if I am not misinformed there are violations going on in form of law. I am told that indictments continue to be brought
It has been said by some men that the operation of this treaty is suspended 'till the definitive treaty -- a plain subterfuge. Whatever is clearly expressed in the provisional or preliminary treaty is as binding from the moment it is made as the definitive treaty which in fact only developes, explains and fixes more precisely what may have been too generally expressed in the former. Suppose the British should now send away not only the negroes but all other property and all the public records in their possession belonging to us on the pretence above stated, should we not justly accuse them with breaking faith? Is this not already done in the case of the negroes, who have been carried away, though founded upon a very different principle a doubful construction of the treaty, not a denial of its immediate operation? In fine is it our interest to advance this doctrine and to countenance the position that nothing is binding 'till the definitive treaty, when there are examples of years intervening between the preliminary & definitive treaties?
Sir Guy Carelton in his correspondence has appeared to consider the treaty as immediately obligatory and it has been the policy which I have persued to promote the same idea.
I am not indeed apprehensive of a renewal of the war, for peace is necessary to Great Britain; I think it also most probable her disposition to conciliate this country will outweigh the resentments which a breach of our engagements is calculated to inspire. But with a treaty which has exceeded the hopes of the most sanguine which in the articles of boundary & the fisheries is even better than we asked, circumstanced too as this Country is with respect to the means of making war, I think it the height of imprudence to run any risk. Great Britain without recommencing hostilities may evade parts of the treaty. She may keep possession of the frontier posts, she may obstruct the free enjoyment of the fisheries -- she may be indisposed to such extensive concessions in matters of commerce as it is our interest to aim at; in all this she would find no opposition from any foreign power; and we are not in a condition to oblige her to any thing. If we imagine that France, obviously embarrassed herself in her Finances would renew the war to oblige Great Britain to the restoration of our frontier posts, or to a compliance with the stipulations respecting the fisheries (especially after a manifest breach of the treaty on our part) we speculate much at random. Observations might be made on the last article which would prove that it is not the policy of France to support our interests there. Are we prepared, for the mere gratification of our resentments to put those great national objects to the hazard -- to leave our western frontier in a state of insecurity -- to relinquish the fur trade and to abridge our pretensions to the fisheries? Do we think national
Let the case be fairly stated: Great Britain and America two independent nations at war -- The former in possession of considerable posts and districts of territory belonging to the latter -- and also of the means of obstructing certain commercial advantages in which it is deeply interested.
It is not uncommon in treaties of peace for the uti possidetis to take place. Great Britain however in the present instance stipulates to restore all our posts & territories in her possession. She even adds an extent not within our original claims more than a compensation for a small part ceded in another quarter. She agrees to readmit us to a participation in the fisheries. What equivalent do we give for this? Congress are to recommend the restoration of property to those who have adhered to her, and expressly engage that no future injury shall be done them in person, liberty or property. This is the sole condition on our part where there is not an immediate reciprocity (the recovery of debts and liberation of prisoners being mutual, the former indeed only declaring what the rights of private faith which all civilized nations hold sacred would have dictated without it) and stands as the single equivalent for all the restitutions and concessions to be made by Great Britain. Will it be honest in us to violate this condition or will it be prudent to put it in competition with all the important matters to be performed on the other side? Will foreign nations be willing to undertake any thing with us or for us, when they find that the nature of our governments will allow no dependence to be placed upon our engagements?
I have omitted saying any thing of the impolicy of inducing by our severity a great number of useful citizens, whose situations do not make them a proper object of resentment to abandon the country to form settlements that will hereafter become our rivals animated with a hatred to us which will descend to their posterity. Nothing however can be more unwise than to contribute as we are doing to people the shores and wilderness of Nova-scotia, a colony which by its position will become a competitor with us among other things in that branch of commerce on which our navigation and navy will essentially depend. I mean the fisheries, in which I have no doubt the state of New York will hereafter have a considerable share.
To your Excellency I freely deliver my sentiments because I am persuaded you cannot be a stranger to the force of these considerations. I fear not even to hazard them to the justice and good sense of those whom I have the honor to represent. I esteem it my duty to do it because the question is important to the interests of the state in its relation to the United States.
Those who consult only their passions might choose to construe what I say as too favourable to a set of men who have been the enemies of the public liberty; but those for whose esteem I am most concerned will acquit me of any personal considerations and will perceive that I only urge the cause of national honor, safety and advantage. We have assumed an independent station; we ought to feel and to act in a manner consistent with the dignity of that station.
I anxiously wish to see every prudent measure taken to prevent those combinations which will certainly disgrace us, if they do not involve us in other calamities. Whatever distinctions are judged necessary to be made in the cases of those persons who have been in opposition to the common cause, let them be made by legal authority on a fair construction of the treaty, consistent with national faith and national honor.
I have the honor to be with perfect respect, Yr. Excellency's Most Obed servant
[P.S.] Your Excellency will have been informed that Congress have instructed General Washington to garrison the frontier posts when surrendered with the three years Continental troops.(3) This is more for the interest of the state than to have them garrisoned at its particular expence -- and I should wish that permanent provision might be made on the same principle. I wait to see whether any Continental peace establishment for garrisons &c. will take place before I engage the consent of Congress to a separate provision.
I cannot forbear adding a word on the subject of money. The only reliance we now have for redeeming a large anticipation on the public credit already made and making for the benefit of the army is on the taxes coming in. The collection hitherto is out of all proportion to the demand -- it is of vast consequence at this juncture that every thing possible should be done to forward it. I forbear entering into details which would be very striking upon this subject. I will only say that unless there is a serious exertion in the states public credit must ere long receive another shock very disagreeable in its consequences. &c.
FC (DLC: Hamilton Papers). In the hand of Alexander Hamilton.
1 That is, of May 14.
2 In response to Hamilton's letters and President Elias Boudinot's June 3 appeal to the states then unrepresented in Congress, Governor Clinton wrote on June 9 to New York's non-attending delegates -- James Duane, Ezra L'Hommedieu, and John Morin Scott -- concerning their obligation to keep the state represented. Clinton, Papers (Hastings), 8:202-3.
3 See JCC, 24:337-39.
The Bearer Dr. Waring (1) a Gentleman of exceeding good Connections in South Carolina, having served his Country very faithfully & honorably during the War, is about making a Voyage to Europe for his advancement in medical Science.
At his earnest request, I must beg leave to introduce him to your Excellency, and to request your Notice of him, as one who has deserved so well of his Country, as to entitle him to the respect, of all its well wishers.
I have the honor to be with every Sentiment of respect & Esteem, Your Excellency's Most Obedt & very Hble Sevt,
Elias Boudinot
RC (PPAmP: Franklin Papers).
1 Apparently Thomas Waring, who graduated from the medical school of the College of Philadelphia in 1783. See David Ramsay, Selections from His Writings, ed. Robert L. Brunhouse, Transactions of the American Philosophical Society, new ser., v. 55, pt. 4 (1965): 59n.13. For the difficulties involved in identifying the various Thomas Warings of South Carolina, see Bio. Dir. of S.C. House, 3:746n.59.
The Delegates of Pennsilvania present their respectful Compliments to The Honble Council & inform them that the Secretary at War is authorized By Congress(1) to repair & deliver the New Prison to such Person as Council shall please to appoint to receive Possession thereof.
RC (PHarH: RG 27). In the hand of Richard Peters; the Pennsylvania delegates attending Congress at this time were Peters, Thomas FitzSimons, Thomas Mifflin, John Montgomery, and James Wilson.
1 This congressional decision was not recorded in Secretary Charles Thomson's journals.
The great importance of the present conjuncture of affairs and the clamours of the good Citizens of these States from a want of business
It is extremely humiliating to us, as well as disadvantageous to the union, that the public business is so retarded by the delinquency of many of the States in so momentous a concern. The greatest part of the business now before Congress, or which will be necessary previous to an adjournment, requires the assent of nine States; so that unless a fuller Representation can be accomplished, the most dangerous and destructive delays must unavoidably take place.
It is in consequence of the most positive instructions of Congress(1) that I again trouble your Excellency on this subject, the importance of which will be a sufficient excuse.
&c. E. B.
LB (DNA: PCC, item 16). Addressed: "The Honorable President of the Council of New Hampshire. Note. The same verbatim was sent to the Governors of Connecticut, New-York, Maryland & Georgia."
1 No such "instructions" were recorded by Secretary Thomson in the journals of Congress, but see also Boudinot to the States, May 9 and June 10, 1783.
Congress having thought proper to appoint the Bearer hereof Oliver Pollock, Esq. their Commercial Agent at the Havanna, he proceeds immediately for that City in order to take upon himself the duties assigned him by that Commission.(1)
Your Excellency will permit me to recommend him to your attention and notice in those matters of the United States in which it may be necessary for him to claim your Excellency's patronage and interposition.
I have the honor to be, with the most perfect consideration &c
E. B.
LB (DNA: PCC, item 16).
1 For Pollock's commission and election to this post, see JCC, 24:372, 376-77.
I have at length Succeeded in the Labourious task I have had to go through in your Cause which was not finished till Thursday last when
I imediately left the City of Philadelphia on my way home tho the sun was near sitting I procured a Copy of the Decree in your favor Affirming the first Judgment or Decree given by the Court of Admiralty in the State of Rhodisland.(1) I should think Stanton &c would at once discharge the Execution otherwise I should Think you might obtain relief from it by an Audita Qurela (2) from the Superior Court, am certain you might in the State of Connect, but however Mr Helmes will be able to direct you. I have some thots of sending you the Copy of the Decree I have obtained by Mr Bradock but if not shall send it imediately after I arrive home, & hope may have the opportunity of seeing you soon after my return.
RC (CtY: Shaw Papers). In Dyer's hand, though not signed.
1 For the background of the case of the Two Brothers, which had been before the courts since 1777, see these Letters, 13:427-28, 15:302-3, 16:26-28 . The court case file is in RG 267, DNA.
2 That is, a writ brought by a judgment defendant to obtain relief against a judgment on account of a new defense or discharge which could not be taken advantage of otherwise.
Your Letter respecting the Resolution of the general Court(1) I received a long time since, & you may perhaps think it very strange that I have not before made any reply. Soon after the receipt of that Letter we heard that you intended coming hither in company with Mr. Lowell in April, this was confirmed by Mr. Lowell when he wrote to me to get lodgings for him, & I expected fully to have seen you here by the first of May. When he arrived he informed me that you intended setting off soon after him, I therefore still continued to expect you & supposed that a Letter if forwarded would not meet you at home -- nor had I then any Idea that you waited to hear what Congress had done or would do as to that Resolution. Your Letter to me implied that the doings of Congress or the opinions of the Delegates might affect your decission as to taking a Seat in Congress but I really believed from those Accounts that I had misconstrued it or that you had altered your mind. When I received your Letter I communicated it to Our Colleagues & we agreed to remonstrate, but Congress were then & for some time after very busily employed in matters of importance, as Finance &c, & would not attend to any other Business. We therefore thought it best to delay the matter a Little. In the mean time I conversed with such of the members now in Congress as were then here, they are only four.(2) Their Ideas were so very different on the Subject from Ours that we thought there was no chance of doing or obtaining any thing that would be agreable to you or useful to the
State. The new members thought that the present Congress could not with decency or propriety decide upon the Conduct of a former House. The changes of members, the alterations of the Ru[les] & the Length of time with many other circumstances which Mr. Osgood has no doubt stated to you, We found would prevent Our doing any thing to effect & determined us to make no attempt. Of this determination I should have given you notice but for the reasons before mentioned, as soon as we found it. Be assured it was not inattention or a want of disposition to satisfy you in this matter that prevented my writing you before. Mr. Osgoods Letter recd. yesterday proposes the attempting to lodge the papers with a Remonstrance on the files, this may be done if you wish it, but I doubt whether it will be permitted.(3) Congress really esteem you & wish you to be here, but I suspect they will think it very improper at this distance of time to take any notice of the matter, & to fail in the attempt will give you uneasiness. We shall however be governed by your inclination & Judgement on the Subject. With real respect I am Sir your most huml Serv S. Higginson
RC (MHi: Gerry Papers II).
1 Higginson is referring to Gerry's February 28 letter asking to be informed of the congressional response to the Massachusetts General Court's November 1782 resolution for reviving Gerry's breach of privilege case, and reminding Higginson that should the subject be allowed to remain buried "it may establish a precedent for depriving States of some of the essential Rights of Representation." See Gerry to Higginson, February 28, 1783, Gerry Papers, DLC; and Austin, Life of Gerry, 1:322-24. For Gerry's privilege case and withdrawal from Congress in 1780, see these Letters, 14:430-33 , 435-36 , 15:3-6, 44.
2 That is, Abraham Clark of New Jersey, John Collins of Rhode Island, Oliver Ellsworth of Connecticut, and Samuel Holten of Massachusetts.
3 For the remonstrance presented on June 6, see Massachusetts Delegates to Congress, June 6; and Samuel Holten to Gerry, June 7, 1783.
I thank you cordially for the narrative of legislative proceedings contained in your favor of the 24th ulto.(1) In return for the Journal of the House of Delegates I inclose herewith a copy of the proceedings of Congs. since Novr. last. There is a chasm in the Journal you have sent arising from the miscarriage of your letter which ought to have come by the preceding mail.
The idea of protracting my service in Congs. into a part of the ensuing year does not coincide with the plans which I have in view after Novr. next.(2) I had rather therefore not stand in the way of another Gentleman whom it might suit better, and whose attendance would be
I have recd. from Mr. Webb £100 refd. to in yours. The remittance of £1000 havg. been shared not equally as heretofore but according to our respective arrears, this sum will somewhat overpay me. You will therefore not apply for other warrants in my behalf. I wish you had reserved the £50 which you advanced for me sometime ago & that you wd. now draw on me for it if it be more convenient for you to receive it here, or you can readily sell a bill where you are. It will be perfectly convenient for me to pay it.(3)
Being somewhat indisposed in my head & also pressed for time I beg leave to refer to Mr. Jones instead of repeating what I have written to him.(4)
Adieu My dear sir & be assured that I am yr. sincere friend,
J. M.
[P.S.] I have a letter from a Correspondt. of Mazzei at Nantz, which informs me that, [he] was at Paris in Feby. and wd. sail for America in March or April.(5)
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:107-8.
1 See ibid., pp. 72-74.
2 See Madison to Thomas Jefferson, May 20, 1783, note 5.
3 See Madison to Randolph, May 27, note 1 .
4 Madison's June 3 letter to Joseph Jones has not been found, but for the condition from which Madison occasionally suffered, "somewhat resembling Epilepsy, and suspending the intellectual functions," see Madison, Papers (Hutchinson), 1:164, 8:270.
5 See ibid., 6:243.
I do myself the honor to inclose you the Papers of the day, which contain all the news here.
Mr. McComb transmitts the grants of NYork & Maryland to Congress;(1) I wish our State may be generous, & not loose so fine an opportunity of aggrandising herself. I have mentioned to you in person my idea on the subject, I will repeat it, that we should grant in fee simple two or three hundred acres to Congress including all the Hill back of Wilmington with a jurisdiction of six or eight miles up between the christiana & Brandywine, or around include New Castle &c. I have wrote to Wilmington (2) inclosing the cessions of the corporations of Kingston & Annapolis, & requesting the proprietors to fix a moderate price for their respective shares, which I make no doubt (unless they are blind to their own interests) they will comply with. It is a matter of
Present my compliments to all our gentlemen, & believe me with much respect, your obed., very Hbble Servt,
Gunning Bedford jur
RC (PHi: Gratz Collection).
1 See Eleazer McComb to Van Dyke, May 31, 1783 .
2 Not found.
Colo Dyer has so lately left Congress & will fully inform of the State of affairs to that time, as leaves me very little to acquaint your Excellency with.
A Packet just arrived at New York from Falmouth, it is reported, brings information that the definitive treaty was signed, & that the british are to leave this coast at farthest by the 1st of Augt. The Packet also brings a list of the new british ministry established the 2d of April, which I take the liberty to inclose.(1) From the strange coalition of which it is formed, there is little reason to doubt but that another change, of a partial nature, will follow as soon as the present convulsed state of that nation shall have subsided. Lord North, who is the fixed favorite of his Sovereign & a man of the most System, business & address, will easily find means to lay aside Mr Fox & his coadjutors when he can well do without them, as he has already done with regard to one set of opponents whom he let come forward to perish in the odium of executing measures which himself had rendered necessary.
A letter from Mr Dumas to the Secretary of Forreign Affairs, advises that Mr Vanbercle, Ambassador from their High-Mightinesses the States General to these United [States] was to sail for America the 1st of this month.(2) A question which has been more than once agitated in Congress on the expediency of an interchange of ministers with forreign courts, except on special occasions, is yet undecided & probably will receive no direct decision. While, on the one hand, respectability abroad, facility of acquiring & of communicating useful information, & the long established custom of all European nations, except the uncivilized Turk & the mountain barricaded Swiss, plead strongly in the affirmative, Considerations of oeconomy & simplicity of manners, so necessary to be observed in republicks, & factious intrigues, so necessary for them to avoid, have much weight in the opposite scale.
Congress have appointed Oliver Pollock, Esqr, late agent of these United States at New Orleans, their agent to reside at the Havannah(3) -- it is to be hoped we shall not ultimately fail of the valuable Trade to that island, tho' its ports are at present shut against us, owing, it is said, in some measure to abuses committed there under the American Flagg by foreigners who wished to render it obnoxious.
We hear from the Assembly of Virginia that the House of Delegates, notwithstanding they so unanimously & recently voted a repeal of their Act granting to the United States the Impost first recommended by Congress, had given liberty for a bill to be brought in for complying with the requisition of the Impost as it now stands, & that there was a great probability the Act would pass. This is the only Assembly from which we have yet heard upon that subject, & from which, next to that of Rhod Island, the greatest opposition was apprehended.
A very liberal offer is made by Maryland to induce Congress to fix its residence at Annapolis. One less so had before been made by the State of New York of the Town of Kingstown. Which, or whether either of them, will be accepted is uncertain; tho' it is generally agreed that Congress should remove to a place of less expence, less avocation & less influence than are to be expected in a commercial & opulent city.(4)
I hope, Sir, Mr Huntington, who has long been expected & is at present much needed in Congress, will soon be here;(5) & that with him or very soon after, some other Gentleman of the Delegation will also come forward, that I may be at liberty soon to return home, which it will be necessary for me to do.
I have the honor to be, with great respect, Sir, your Excellency's most obedt, Huml Servt. Oliver Ellsworth.
RC (Ct: Trumbull Papers).
1 Not identified; but the list of the members of the new Portland-Fox-North coalition government had been printed in the Pennsylvania Packet on May 27.
2 This day Secretary Livingston delivered to Congress a March 20 letter from C. W. F. Dumas, Continental agent at The Hague, forwarding the request of the new Dutch minister, Pieter Johan van Berckel, for certain arrangements to be made in advance of his arrival -- the reservation of a house and the purchase of a coach and six. "A fine large commodious house for himself & his family, which is numerous," Dumas explained, "with a coach house & stable, & situated in the most genteel part of the City....[and] to have a new chariot made...[and] to procure six fine carriage horses, blacks or bays, but all of the same colour, & such as may please a man fond of horses." PCC, item 93, 2:291-96, item 185, 3:66.
3 See Elias Boudinot to Bernardo de Gálvez, June 3, 1783.
4 Congress this day set October 6 for opening debate on the proposals of New York and Maryland for selecting Kingston or Annapolis as "their permanent residence," and directed that the proposals be distributed to the states for their consideration. See JCC, 24:281-82; and Elias Boudinot to the States, June 10, 1783.
5 The reference is to Samuel Huntington, who with Benjamin Huntington returned to his seat in Congress on July 29. JCC, 24:457.
You have undoubtedly before this seen the resolutions of Congress relative to impost &c. in which the States are requested to cede their vacant lands to congress to establish a fund so far as they will go toward the extinsion of the publick debt, it is certainly best it should be done, but it behoves Massachusetts to be very carefull in their grant if they see fit to make any or other way, then may be in danger of giving land to New York instead of giving it to the general stock -- but I think no danger will arise if it is made in the same form as the cession of NYork which may be found in the Journal of Congress. March 1781 -- page 48. We are daily in expectation of the definitive treaty and if it arrives soon I am in hopes Congress will adjourn for three or four months which I think will answer good purposes. This place is exceedingly expensive and will undoubtedly encrease in that way -- as foreign ministers increas. The Dutch minister has wrote to Mr Livingston desiring him to hire for use the best house in Town -- & to buy him the most elegant carriage & six of the best carriage horses that can be bought -- & if the dutchman rides with six horses the ministers of France England &c. will not chuse to ride with less. New York & Maryland have made offers of Towns for the use of Congress -- you will see them as they are to be sent to the States,(2) in order that may all be represented, when the question is considered on the first monday of October next. I am in hopes I shall be at home before your Session ends and in the interim I remain Your friend & very humble Sert,
Nath Gorham
RC (MHi: Caleb Davis Papers).
1 Caleb Davis, who has been identified in these Letters , 11:288n.1, was speaker of the Massachusetts House of Representatives.
2 See Elias Boudinot to the States, June 10, 1783.
A few days ago I had the honor to inclose to your Excellency(1) a copy of an Act of the Legislature of Newyork confirming a Grant made by the Corporation of Kingston;(2) since which the offer made by the State of Maryland, mentioned in my last, has been read in Congress, and I now do myself the honor to inclose a copy of it. The proceedings of the Corporation of the City of Annapolis have been transmitted to Wilmington, in hopes that with so good an example before
their eyes, the inhabitants of that Borough, especially the owners of the Land in question, will enable the Legislature to make a generous offer to Congress.
As Mr. Bedford incloses the News Papers of the day, I need not give you the trouble of another copy.
Mr. Van Berkel, minister from the United Provinces of Holland is to sail early in June, and may be expected here the last of July, or early in August. Our charge des affairs at that Court, has written to our Minister for Foreign Affairs, requesting that an elegant House, in a pleasant part of the City, may be taken, and a Coach and six Horses, provided for him.
The States of New Hampshire, Connecticut, New york, Maryland & Georgia are now unrepresented. An order passed yesterday, desiring the President to write to these states for an immediate Representation, and to the others to continue theirs, in order that there may be a full Congress to take up some business of importance,(3) (principally relating to the back Lands,) on the completion of which Congress may, and I suppose will, adjourn for several Months.
I am sir, your Excellency's most obt and very humble servant,
E. McComb
RC (DLC: William Kent Gilbert Collection).
1 See McComb to Van Dyke, May 31, 1783 .
2 See Elias Boudinot to the States, June 10, 1783 .
3 See Elias Boudinot to Certain States, June 3, 1783 .
The Report of the Committee for giving to the army certificates for land was taken up. After some discussion of the subject, some members being for and some agst. making the certificates tra[n]sferrable it was agreed that the Report should lie on the table.(1)
For what passed in relation to the Cession of vacant territory by Virga. see the Journal.(2)
Whilst Mr. Hamiltons motion relating to Mr Livingston Secretary of For. affrs. was before the House, Mr. Peters moved, in order to detain Mr Livingston in office, that it be declared by the Seven States present that the Salary ought to be augmented. To this it was objected 1. that it would be an assumption of power in 7 States to say what 9 States ought to do, 2. that it might ensnare Mr. Livingston, 3. that it would commit the present States, who ought to be open to discussion when 9 States should be on the floor. The motion of Mr. Peters being withdrawn, that of Mr. Hamilton was agreed to.(3)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:109.
1 There is no mention of this matter in Secretary Thomson's journals, but this committee had been appointed on May 30 to implement a motion of Alexander Hamilton "to consider of the best manner of carrying into execution the engagements of the United States for certain allowances of land to the army at the conclusion of the war." PCC, item 2 1, fol. 354. According to Thomson's "committee book," "A Motion of Mr. Bland for setting of[f] a tract of land to discharge the debts &c due to the Army" had also been referred to this committee (a grand committee of ten), which this day "reported in part & ask leave to report further." See PCC, item 186, fol. 105. For its report, see PCC, item 21, fol. 353; and JCC, 24:383.
To this committee was also referred on July 5 a June 16 "Petition of sundry officers for grant of Lands NW of Ohio," before it was reconstituted on September 15 and finally "discharged" October 15, 1783. PCC, item 42, 6:61-71.
The reference in Hamilton's motion to "engagements of the United States for certain allowances of land" is to a congressional resolution of September 16, 1776, for which see JCC, 5:763.
2 After debating a committee report on the cessions of western land claims by Connecticut, New York, and Virginia, Congress referred "so much thereof as relates to the cession made by the Commonwealth of Virginia" to a committee of five. See JCC, 24:381-82. See also Madison's Notes for June 6 and 10.
3 That is, "That the thanks of Congress be presented to Mr. Livingston" for his temporary continuance in office. JCC, 24:382.
I am extremely sorry to find the public must be deprived of the benefits of your experience & services at the very time when I apprehend they will be most wanted. I am the more mortified, as I am persuaded from Your letter to a late committee appointed to confer with you as well as from some expressions of Mr Hamilton that you would have continued in the Office had your salary been only made equal to your necessary expenses. I wish experience may not prove this to have been an ill timed parsimony. Who your successor will be I cannot divine. Wednesday next you see is assigned for the election but no person is yet nominated.
I rejoice in the honorable testimonial Congress have given of your ability, zeal and fidelity. I wish the next who fills the office may give as much satisfaction and be equally deserving; but the choice must then fall on a different person from some within my view who I believe would wish to succeed you.
By the resolution which precedes the vote of thanks you see I am directed to receive into my care the papers of your Office till a successor can be appointed.(1) I wished to have avoided this and that the papers should have been left in the custody of your first under secretary or that they should be delivered over to a committee of Congress. The first I apprehended would have been most proper if it is really intended
However as the resolve only directs me to receive the papers into my care, and as I am determined to have nothing to do with the business of the Office, I must beg the favour of you to order all the papers to be packed up and Sealed with your seal and then sent to my office where they shall lie till Congress otherwise dispose of them.
I wish you all imaginable happiness and am, with sincere respect and Esteem, Your most obedient and Most humble Servant,
Cha Thomson
RC (NHi: Livingston Papers).
1 For the enclosed June 4 resolution, see JCC, 24:382.
It is impossible for me to express in worthy Terms the Sense of Respect and Gratitude which your great Merit and Services to my Friends in England have impress'd upon my Heart. Having been sent hither by the State of So Carolina as one of her Representatives in Congress I shall be for some Time incapacitated to take upon me an active Part relative to the Affairs of the Family's Estate, but I shall exert myself, even at this Distance, to get replaced all former or future Disbursements; and I beg you will consider my own Estate answerable for all the Benefits render'd to Persons so dear to me.
If you wish, Sir, to form mercantile Connexions in America I beg you will command all the Powers which I possess.
I am Sir, Your most obedient Servant, Rd Beresford
[P.S.] Be pleased to direct to me in Congress. I omitted to mention that our State has not repeal'd the Law which prohibits Suits for Debt. This Circumstance has made it inconvenient to make speedy Remittances.
RC (NN: Emmet Collection). Addressed: "Messrs. John de Neufville & Son, Merchts, Amsterdam."
By the post preceding the last I answered yours of the 16th addressing it to the care of Mr. Maury.(1) I was prevented by more necessary
writing from inclosing the papers again by the last post as I had intended. I now supply the omission by two Gentlemen going to Fredericksbg. All the news we have recd. is contained in them, and respects solely the arrangement which is at length made of a British Ministry.
Having sent several copys of the pamphlet of Congress on the subject of Revenue &c. which I suppose will be transcribed in the Virga. gazettes, I shall add nothing on that subject presuming that you will thro' some channel or other obtain a sight of these proceedings. I inclose a memorandum of the books which I wish you to select from Docr. Hamilton's Catalogue.(2) I shall take care not to disappoint you of the chair which I promised to bring with me. The time of my setting out is as uncertain as at the date of my last; but it will certainly take place before the fall. Remember me affecy. to my mother & all the family & be assured that I am yr. dutiful son, J. Madison Jr.
[P.S.] I have got a promise of the books for Moses Joseph & expect to bring them with me.
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:115-16.
1 See Madison to Madison, Sr., May 27, 1783.
2 Not found, but for "Docr. Hamilton's Catalogue," see Madison, Papers (Hutchinson), 7:88n.6.
Friday June 6. [1783]
The report as to the territorial Cession of Virga. after some uninteresting debate was adjourned.(1)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:116.
1 See Madison's Notes, June 4, note 2 , and June 10 . There is no entry for this date in Secretary Thomson's journals.
Whereas the Honorable Elbrige Gerry esqr. a delegate in Congress from the state of Massachusetts, has represented to the General assembly of said state, that he was on the 17th (2) day of February, 1780, deprived of the privilege of a member of Congress, in being denied the right of calling the yeas & nays upon a question of order, in consequence of which Mr. Gerry withdrew from Congress, and it appearing to said assembly by the Journals of Congress, & by the letters that passed between the President of Congress & Mr. Gerry, that Mr.
Gerry's complaint of a deprivation of privilege was well founded; and whereas no reparation has been made to the state of Massachusetts or Mr. Gerry for the injury aforesaid.
The undersigners, delegates in Congress from the state of Massachusetts, do in the name & by express order of the General Court of said state, remonstrate against the conduct of Congress for the year of 1780, in depriving Mr. Gerry of his right as a member of Congress; as, being injurious to the privilege of Mr. Gerry & subversive of the right and interest of the state of Massachusetts; in expectation that the present Congress will order this remonstrance to be lodged amongest their records, that the sense of the state of Massachusetts relative to the conduct of Congress, for the year 1780, in the instance referred to, the 17th of February, may at all times hereafter appear.(3)
S. Holten
Nath. Gorham
S. Higginson
RC (DNA: PCC, item 78). Written by Holten, and signed by Holten, Gorham, and Higginson. Endorsed by Charles Thomson: "Motion of the delegates of Massachusetts respecting Mr Gerry's complaint agst. the Congress of 1780. Filed June 6, 1783, with Mr. Gerry's letters of Feby 1780." The reference to Gerry's letters is actually to ones of February 19 and 22, and April 3, 1780, for which see ibid., 10:205-22; and these Letters, 14:430-33 , 435-36, 15:3-5.
1 Secretary Thomson's Despatch Book indicates that this remonstrance, although undated, was submitted to Congress this date. PCC, item 185, 3:66.
2 Actually February 18. See these Letters , 14:430-33.
3 Congress ordered this remonstrance filed "without opposition," thus setting the stage for Gerry's return to Congress on August 14, 1783. See also Stephen Higginson to Gerry, June 3 ; and Samuel Holten to Gerry, June 7, 1783.
I have receiv'd the letter you did me the honor to write the 19th ultimo,(1) & one under cover directed to Mr. Lee; I think seal'd with your seal, the latter I forwarded, undercover, to Mr. Lee immediately.
I have the honor of inclozing a copy of the remonstrance from the delegates of Massachusetts to Congress, respecting your affairs,(2) which was filed in the Secry's office, with the other papers respecting said affair, without opposition; which I hope will meet your approbation.(3)
I have the pleasure of some acquaintance with Mr. Warren,(4) & had conceiv'd a favorable opinion of him, before I was honored with your recommendation, in his favor, & you may be assured that inclination, added to the respect I have for his freinds and connections will induce me to interest myself in his favor; but there is so many applications
I hope, I shall soon have the pleasure of paying you my personal respects in Philadelphia.
I have, with perfect respect, the honor to be, Sir, your most obedient; S. Holten (5)
RC (Elsie O. and Philip D. Sang, River Forest, Ill., 1981).
1 Gerry's May 19 letter to Holten -- "relative to my withdrawing from Congress," and recommending Winslow Warren's "appointment to the office of Consul" -- is in the Warren-Adams Papers, MHi.
2 See the preceding entry .
3 "I am honored with your Letter of the 7 Inst.," Gerry responded on June 23, "inclosing a Copy of the Remonstrance of my honorable Collegues, pursuant to the Resolution of the Legislature of the State. As the Business, on the Part of the Delegates, appears to have been conducted with the greatest propriety & Judgment, you will please to accept & present to the other Gentlemen, my Acknowledgment thereof. I am much obliged to you for inclosing my Letter to Mr Lee, & promise myself the Pleasure, by the middle of July, of an agreeable Interview with my Friends at Philadelphia." Elsie O. and Philip D. Sang Collection.
4 For Winslow Warren's application for a consular appointment, see Holten to James Warren, July 15, 1783.
5 Holten also wrote the following note to his valet Jeremiah Sheldon this day. "If you incline to tarry with me 5 months longer I will give you 40 dollars, or in that proportion if you carry a shorter time, but can't pay you untill I receive the money of the state; but if you incline to return I will allow you a reasonable sum to bear your expenses, but you must carry some of my baggage with you." Holten Papers, DLC. Sheldon's response, indicating that he could stay in Philadelphia only one month longer, and Holten's acknowledgment of this stipulation, are penned on the verso of this note.
In a short Time our Treaties with most foreign Courts will be finished and we shall proceed to appoint Consuls in the most considerable Sea Ports in Europe or Africa. A Consulate will be honourable & somewhat profitable to any Gentleman who is setled or may settle as a Mercht in the Place where he is appointed Consul. I do not wish that any Mercht of character and Abilities who is a native of our State should leave the Country to settle abroad, because I think he may serve himself and his Country better by staying at Home where I hope that Trade will Flourish and be conducted by the Sons of America. However if you know of any N Carolinian who is setled or about to settle in any foreign Port I shall be much obliged to you for the Information that when Places are disposed of we may consider how far our Claims to any of them may extend. There is no Place, in Congress nor out of it, in which I shall willingly neglect the Interest of our State. On
the above Subject you will be so good as consult your Acquaintance and let me hear from you.
I have the Honor to be with the utmost Consideration, Your most obedt hble Servt, Hu Williamson
RC (Nc-Ar: Blount Papers).
The Delegates of New-Jersey having been instructed by a former Legislature respecting the Western Lands, (1) I am desired by my Colleagues to transmit to your Excellency the enclosed Report of a Committee on the Virginia Cession, (2) (which being the order of the day will soon be taken into consideration by Congress) that the same may be laid before the Legislature for their consideration, as they will now be informed of the extent of that cession and be able to judge what line of conduct it may be necessary for their Delegates to take: it being a matter of too much importance for them to act upon without the advice of their Constituents, the former instructions not being explicit on many parts of the subject under consideration. As this business is now pushed with earnestness and a speedy decision judged necessary, it is hoped the Legislature will not delay any farther instructions they may think proper to give.
The Legislature are in possession of the former Report on this subject made in Nov. 1781, and which is printed in the Journals of Congress of May 1782.(3)
The States of New-York and Maryland having made propositions to Congress for their fixing their permanent residence in one of those States, I have ordered copies of those propositions to be made out, and shall as soon as possible transmit them to your Excellency for the information of the Legislature, particularly as a day is appointed for the determination; and if our State should incline to invite Congress into New-Jersey, I am rather inclined to think it would meet with the most general approbation.(4) I have the honor to be, with the highest respect and esteem, Your Excellency's Most obedient & very humb. Servt. Elias Boudinot
RC (Nj: Autographed Manuscripts, #2516).
1 For this January 3, 1781, "Representation and Remonstrance" of the New Jersey Assembly, see Livingston, Papers (Prince), 4:116-18.
2 See James Madison's Notes, June 4, note 2 .
3 See these Letters, 18:485n.4.
4 For New Jersey's June 19 invitation to Congress, which was "Read July 1. 1783," see PCC, item 46, fol. 35-41.
I am perfectly persuaded that the proceedings described in the enclosed Letter are such as your Excellency highly disapproves of. It is probable that complaints have been made to you respecting them, & I doubt not that everything proper has been done on the subject. I am much affected by the distresses to which Mrs. DeLancey has been exposed by the violent conduct of those persons she complains of in her Letter. My anxiety to alleviate them, & my desire that she should not think me inattentive to her happiness, will I hope appear to you sufficient reasons for my troubling you on this occasion.
I have not the honour of being acquainted with Governor Clinton, & therefore request the favour of your Excellency to make the contents of Mrs. DeLancey's Letter known to him.(1) I am with great regard, Dear Sir, Your most obt. hble Servant Ra. Izard.
RC (DLC: Washington Papers).
1 Washington immediately forwarded the enclosed letter to Gov. George Clinton, but in his June 14 response to Izard he explained that "The Acts complained of were committed at a Time when neither civil or military Government existed in that part of the Country [Westchester County, N.Y.]." See Washington, Writings (Fitzpatrick), 27:9-10. Elizabeth Colden De Lancey, wife of Peter De Lancey, and the mother of Izard's wife Alice, was related to a number of the most active New York loyalist military officers.
Although Mrs. De Lancey's letter has not been found, a similar one of August 5th, sent to Clinton by James Duane at Izard's behest, is in Clinton, Papers (Hastings), 8:233-34, for which see Duane to Clinton, August 12 (not in current volume); and Ezra L'Hommedieu to Clinton, September 3, 1783.
Izard also wrote the following letter of thanks to Washington on June 23 in response to the general's assistance.
"I have been favoured with your Letters of the 14th & 19th instant; the latter enclosing an extract of a Letter from Govr. Clinton. You will be pleased to accept of my thanks for your early attention to the contents of my Letter respecting Mrs. Delancey." Noyes Collection, NIC.
Since my last private letter to your Excellency nothing has turned up worthy of your notice but what you have received official advice of, from the proper Departments. Indeed unaccountable as it may seem, our Ministers at Paris have not suffered us to hear from them since the 24th of Jany. last, till the day before yesterday, when I received two letters from Mr. Laurence, one of the 15th of March the other of the 5th of April last.
Altho' these contain but little information, yet I think proper to enclose the substance of them,(1) in confidence, as it is unknown but that the knowlege of the most trifling circumstances in important negociations may, by accident, prove highly advantagous to one in your Excellency's situation.
I had the honor of receiving your Excellency's private letter enclosing one to Mr. Pintard, to which the greatest attention was paid.(2)
Mrs. Boudinot and Miss Susan join me in reciprocating the most affectionate wishes and respectful compliments to Mrs. Washington, in which your Excellency is most warmly included.
I have the honor to be, with the highest respect and most sincere esteem, Your Excellency's, Most obedient & very humb Ser
Elias Boudinot
PS. Your Excellency's Letter by the Secretary of War, was duly recd this Morning & laid before Congress: June 11th. 1783.(3)
RC (DLC: Washington Papers). In a clerical hand and signed by Boudinot.
1 These enclosures, labelled "Substance of Letters from the Honorable John [i.e. Henry] Laurens, dated -- London 15 March 1783 -- London 5 April 1783," are in the Washington Papers, DLC. Laurens' letters, which were written to the secretary for foreign affairs, are in PCC, item 89, fols. 253-59; and Wharton, Diplomatic Correspondence, 6:303-5, 360-61.
2 Washington's May 21 letter to Lewis Pintard, concerning his wine orders, is in Washington, Writings (Fitzpatrick), 26:448, but the "private letter" enclosing it has not been found.
3 Washington's letter of June 7 enclosing an "Address" from the officers of the army concerning the delay of their pay and settlement of their accounts is in PCC, item 152, 11:295-96; and Washington, Writings (Fitzpatrick), 26:478-79. It was read in Congress June 10 and referred the following day to a committee, consisting of Alexander Hamilton, James Madison, and Theodorick Bland, which reported on June 19. See JCC, 24:402-3, PCC, item 185, 3:67, item 186, fol. 107. See also Boudinot to the States, June 20, 1783, note 1.
Not States enough assembled to make a Congress.(1) Mr. Clarke signified to those present, that the Delegates of N. Jersey being instructed on the subject of the Back lands, he should communicate the Report thereon to his Constituents.(2)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:124.
1 For Congress' frustration over this problem, see Elias Boudinot to the States, May 9, and to Certain States, June 3, 1783.
2 For this report on the Virginia cession, see Madison's Notes, June 4, note 2. For New Jersey's response to Abraham Clark's communication of this report to the assembly, a
"representation and remonstrance" of June 14 that was laid before Congress on June 20, see JCC, 24:407-9; and Madison's Notes for June 20 .
We have the honor to inclose the official accounts mentioned in our last respecting the emissions of continental money.(1)
There has not been such a representation as is necessary on a question of money since our last -- consiquently nothing has been done relative to the old emission, but Congress have wrote to the delinquent States to compleat their representation (2) -- as soon as nine States are represented this business will emediatily be attended to -- and we shall embrace the first opportunity to give the necessary information on the subject -- and remain with great respect your Excelleys most Obedient & huml servant, S. Holten
Nathl. Gorham
Stephen Higginson
RC (M-Ar: Revolutionary War Letters). Written by Gorham, and signed by Gorham, Higginson, and Holten.
1 See Massachusetts Delegates to Hancock, May 28 , and Stephen Higginson to Samuel Adams, June 10, 1783.
2 See Elias Boudinot to Certain States, June 3, 1783 .
The States of New-York and Maryland having made seperate propositions to Congress, on the subject of their permanent residence in one of those States, I have the honor to enclose copies thereof for the information of your State; and am instructed to inform your Excellency that the first Monday in October next is assigned for the determination on those propositions, when it is expected that each State will be careful to have a full Representation in Congress.(1)
I have the honor to be, &c. Elias Boudinot
LB (DNA: PCC, item 16).
1 The propositions of "The States of New-York and Maryland" accompanying this resolve were copies of memorials received April 1 and June 2 inviting Congress to locate permanently at Kingston, N.Y., or Annapolis, Md., respectively. See PCC, item 46, fols. 1-33.
The Kingston offer had originated in a January 29, 1783, decision of the trustees of the corporation to investigate the feasibility of such an invitation, which came to
Almost immediately thereafter, Congress also received a similar offer from the city of Annapolis and the Maryland Assembly, which was referred on June 2 to a committee consisting of Nathaniel Gorham, Welcome Arnold, Oliver Ellsworth, Alexander Hamilton, and Ralph Izard, which recommended on June 4 that copies of the proposals from both Maryland and New York be distributed to the states in preparation for congressional consideration of them in October. See PCC, item 20, 1:389; and JCC, 24:381-82.
In the interval, however, the issue facing Congress was fundamentally transformed by the delegates' sudden adjournment from Philadelphia in the aftermath of a hostile demonstration of Pennsylvania troops at the State House on June 21 which the Pennsylvania Council refused to suppress. The incident served the interests of those who had long sought the removal of Congress to another location, and gave new hope to promoters from a number of jurisdictions -- such as Williamsburg, Va., and Elizabethtown, Newark, New Brunswick, and Nottingham Township, N.J. -- who submitted invitations to Congress during the following weeks. Not since March 1780, when the delegates indefinitely postponed a final decision on their December 3, 1779, resolution to adjourn from Philadelphia to a location to be determined upon, had the movement for relocating the Continental government been accorded serious attention. For the context and development of this story, see Kenneth R. Bowling, "'A Place to Which Tribute Is Brought': The Contest for the Federal Capital in 1783," Prologue: Journal of the National Archives 8 (1976): 129-39; Kenneth R. Bowling, The Creation of Washington, D.C. The Idea and Location of The American Capital (Fairfax, Va.: George Mason University Press, 1991), chaps. 1-2; and these Letters, 14:247n.4 , 449n.4. See also Virginia Delegates to Benjamin Harrison, April 10, 1783, note 3.
The inclosed letter is for Mr. Bowman who married Mrs. Cattle.(2) I am told he is at Alexandria which make me trouble you with the letter. Should he have left that place for South Carolina, I will thank you to forward it to him.
No definitive treaty yet arrived nor any thing else of importance new. I write in Congress & have only time to add that I am, Yr. sincere & affectionate friend, A Hamilton
Reprinted from Hamilton, Papers (Syrett), 3:375.
1 John Fitzgerald (d. 1800), a native of Ireland and merchant in Alexandria, Va., had served with Hamilton as an aide-de-camp to General Washington.
2 John Bowman had married Sabina Lynch Cattell, daughter of former South Carolina delegate Thomas Lynch and widow of William Cattell. Ibid., p. 375n.2.
I inclose you a couple of letters from Mr. Carter(1) one for yourself, the other for Mr. Kenlock.(2) There is nothing for me to add, except that I wish you when the business shall be transacted to transmit the bond to me under cover to General Schuyler at Albany. I expect to leave this shortly for that place and to remain there 'till New York is evacuated; on which event I shall set down there seriously on the business of making my fortune. It has been hinted to me that you have some thoughts of making our state the place of your residence. You will easily believe me sincere when I express my wishes that this may be the case -- and when I add that I shall consider it as a valuable acquisition to the state.
There is so little disposition either in or out of Congress to give solidity to our national system that there is no motive to a man to lose his time in the public service; who has no other view than to promote its welfare. Experience must convince us that our present establishments are Utopian before we shall be ready to part with them for better.
I write in Congress and therefore cannot enlarge; but I need not assure you that no one will at all times have more pleasure in hearing from you than myself as no one is more warmly & sincerely Your friend, than Dr Sir, Yr. Obed serv, A Hamilton
RC (DLC: Hamilton-McLane Family Papers).
1 John Barker Church, alias John Carter, a former congressional army auditor, had eloped with Gen. Philip Schuyler's daughter Angelica in 1777. He was a business partner of Jeremiah Wadsworth, and after the war moved to England where he served in parliament, 1790-96. Don R. Gerlach, Proud Patriot. Philip Schuyler and the War of Independence, 1775-1783 (Syracuse: Syracuse University Press, 1987), pp. 233, 249-51, 508-09.
2 Former South Carolina delegate Francis Kinloch.
In my last(1) I mentioned the Ideas of Congress as to half pay, the Refugee Articles, & Finances -- since then Congress have been considering those Articles again, when a diversity of Sentiments appeared as to the fifth Article. Some consider it as wholly recomendatory, others think that clause which says that "persons of every other description
June 10, 1783 317 should have free liberty &c", & the last clause, are absolute & obligatory. Seven States were not then in favour of passing any resolution respecting those Articles, & no recomendations will probably be made by Congress to the States till the definitive Treaty arrives. In the mean time the States will not I hope proceed in the confiscation of refugee Estates in opposition to the sixth Article, nor take any measures that may hereafter be Barrs to the admission of certain descriptions of the Refugees. I can not but think that some of them may be admitted not only with safety but with advantage to the States -- it surely then must be good policy to do that which will be beneficial in an interested View to Ourselves, & which will greatly conciliate & perhaps excuse a departure in some other point from the Treaty. We can in such cases with a good grace comply with the Treaty without any danger.
Should the sixth Article not be complied with, may we not lose all those important advantages secured to us by the Treaty, & will it not reflect great dishonour upon Our Comissioners who have really performed Wonders in obtaining such a Treaty? Will any man say that the Treaty is not a good one & highly honorable to us? Is not Our interest in the most important & essential points compleatly established? Could We reasonably or did the most sanguine man expect that nothing disagreable to Us would be inserted into the Treaty? Could We presume that in a Revolution like this We should have succeeded in every possible point, that no interest, no Views should be attended to but Ours?, surely not. Should the sixth Article be violated by us Brittain may perhaps declare the Treaty void in all its parts. She may tell us that She shall still consider us as a separate independant Nation, but that She will not allow us to fish on the Banks & She will renew her claim to a great extent of Territory ceded to us by the Treaty. Our situation would in such case be very disagreable. We should then be again involved in a War with her without any Ally, any prospect of assistance, or We might tamely give up those two great points -- we should then be precisely in the situation which France & Spain wish to see us. Every important Object almost would be lost to the eastern States beyond all hope of recovery. We know that the extent of Territory & the right to the Fishery confirmed to us by Treaty was by no means agreable to France or Spain, Our being an independent Nation satisfies them, the poorer & more confined we are in Our limits & means of growing powerful, the more agreable to them. When We consider the characters that compose the new ministry We may reasonably expect that any opening We may give them to set aside the Treaty will be eagerly embraced. If therefore the Treaty is upon the whole a good one for us & secures to us Our most important interests, We ought to be very careful that we do nothing which can endanger its efficacy or involve us in a new dispute with Brittain. I have no relation, no friend among the Refugees, whose return I am anxious to
We have sent to the Governor, the States of the old money, the April & May emissions & the new emission(2) -- by them you will see that a very great proportion of the old money is yet outstanding. They give you all the information required in your Letter of last October. I have no expectation that Congress will come to any resolution as to the old money -- many gentlemen think that it would be very improper & dangerous for Congress to do any thing, it ought rather say they to be received from individuals by the State & charged by the State to the Continent, but will they not dispute hereafter that charge as being wholly wrong or because it was called in by the State at an improper rate? Congress should in that case at least determine they will allow the charge & the rate of redemption. Others think that it ought to die in the hands of the posessors; their States are greatly or wholly delinquent & their Citizens have little of it by them, it is natural therefore for them to think thus. We have been prepared ever since I have been here to bring the matter forward, but we have never had an oppy of doing it with success, there has been no period that the States have been all represented or when more than six States could have been expected to vote for the redemption of it at any rate. We have therefore delayed making any motion for a decission in hope that other States might be represented or that something might turn up to favour the motion & give greater prospect of Success -- but as the Court is now sitting & it is time they should know the sense of Congress on that Subject, we have determined to push for a decission as soon as nine States are represented -- for some time past we have had only eight States.
The alteration in the rule proposed by Congress for determining Quotas is I think a good One,(3) it is much more simple & easy to practice upon than the former rule, but the allowance made for the Blacks is much too great -- the same number of Souls in the Southern States support themselves, & furnish an excess for exportation by their labour much greater, than the Inhabitants in the northern States can possibly do, & in proportion to that excess is their Ability to pay Taxes. A comparative View of the northern & southern States, their Soil, climates, produce &c will easily account for the difference. It is a common thing for a man in So. Carolina to make from 20 to 30 guineas a head by the labour of his Negroes in a year, & that clear of all expences including their subsistance. I have this information from
The cession of western Lands by all the States is much to be wished, especially if the Cession was to include all the Lands which are claimed by different States -- the extent of the States would then be abundantly great for Jurisdiction, their Laws will never have force nor their governments be effective by and what will then be their limits. Our great Source of contest & uneasiness between the States would then be done away, & a large property would then be vested in the united States for public use, it would go a great way toward extinguishing the public Debt. But the Cession of New York as accepted by Congress is by far too limited, they cede a part only of those Lands which We claim & to which I am informed Our Title is much better than theirs. Mr. Osgood has all the papers relative to those Claims & can give every necessary information to the Court respecting them. New York has also granted to Companies & Individuals very large Tracts within the limits of their Cession, to which Our Claim is as good as to that which they have ceded & much better than theirs. The Cession of Virginia is not yet accepted. Congress do not like it as it now stands, several attempts have been made to croud it through Congress, they have endeavoured to model it so as to hide the exceptionable parts, but no such Cession will be made by Virginia as ought to be satisfactory. This intention of Virginia & New york is clearly to cede that only which they could never expect to hold & to which they have no right, in order to secure to themselves the residues part of which is claimed by other States. They mean in fact to acquire & secure to themselves property by their Cessions, which they might otherwise perhaps have no chance of holding. Massachusetts must therefore be careful making her Cession -- it may be best to make a Cession of the same Lands & in the same words with New york, & then bring forward Our Claim to the other Lands yet possessed by N. York. The Cession of N. York as accepted you will find in the Journals March 1, 1781 & the acceptance in Octr. the same year (4) in the Journals.
Mr. Livingston has with great reluctance given up the Office of foreign Affairs,(5) the particulars which induced this I will give you my next, the event I think a very agreable One -- who will succeed or whether any Successor will soon be appointed is uncertain at present. I wish for one other removal & then I think Congress would be free of dangerous influence & might with much more safety be intrusted with
With respect I am Sir, your most huml. Servt.
S. Higginson
P.S. Mr. Carter is just setting off that I can not add to nor copy this. The Statements of the emissions of money you can get from the Secretary (6) if they should not be sent to you before this reaches you.
RC (NN: Adams Papers).
1 See Higginson to Adams, May 20, 1783 .
2 See Massachusetts Delegates to John Hancock, June 9, 1783 .
3 See JCC, 24:214-16; and James Madison's Notes of Debates, March 28, 1783.
4 Actually October 29-30, 1782. See JCC, 19:208-13, 23:693-96.
5 See Charles Thomson to Robert R. Livingston, June 4, 1783 .
6 That is, John Avery, secretary of the Massachusetts Senate.
The Report on the Cession of Virga. was taken up.(1) Mr. Elseworth urged the expediency of deciding immediately on the Cession. Mr. Hamilton joined him, asserting at the same time the right of the U. States. He moved an amendment in favor of private claims. Mr. Clarke was strenuous for the right of the U. S. and agst. waiting longer. (this had reference to the absence of Maryland which had always taken a deep interest in the question). Mr. Gorham supported the policy of acceding to the report. Mr. Fitzimmons recommended a postponement of the question, observing that he had sent a copy of the Report to the Maryland Delegates. The President was for a postponement till the sense of N. Jersey be known. The Delaware Delegates expecting instructions were for postponing till Monday next. It was agreed at length that a final vote should not be taken till that day Mr. M. yielding to the sense of the House, but warning that the opportunity might be lost by the rising of the Legislature of Virga.
Mr. Hamilton & Mr. Peters with permission moved for a recommitment of the Report, in order to provide for Crown titles within the territory reserved to the State. Mr. Madison objected to the motion, since an amendment might be prepared during the week & proposed on Monday next. This was acquiesced in. It was agreed that the President might informally notify private Companies & others as well as the Maryland Delegates of the time at which the Report would be taken into consideration.
The Order of the day for appointing a Secretary of For. Affairs, was called for, & none having been put in nomination, the order was postponed. Mr. Bland then nominated Mr. Arthur Lee, Mr. Gorham, nominated Mr. Jefferson, but being told he would not accept, then named Mr. Tilghman. Mr. Higginson nominated Mr. Jonathan Trumbull. Mr. Mongomery nominated Mr. George Clymer. It was understood that Genl. Schuyler remained in nomination.(2)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:125-26.
1 There is no mention of this debate in Secretary Thomson's journals, but see Madison's Notes for June 4, note 2, and June 6.
2 Although this information is not found in the journals, Thomson recorded the following information on nominees for secretary for foreign affairs in his "committee book" this day. PCC, item 186, fol. 1.
"<Mr P Schuyler by Mr Boudinot> withdrawn.
"<Mr A Lee by Mr Bland> struck out at Mr Lee's request Aug. 26. 1783.
"<Mr Jefferson by Mr Gorhman>.
"Mr T. Tilghman by Gorham.
"Mr Jon. Trumbull jun by Mr Higginson.
"<Mr Geo. Clymer by Mr Montgomery> withdrawn."
This record also indicates that on June 18 Silas Condict nominated William Churchill Houston and Elias Boudinot nominated Philip Schuyler, and that other nominations were made in February before John Jay was elected Livingston's successor May 7, 1784.
Congress have recd. two letters from Mr. {Laurens}(1) dated {London}, one the {fiveteenth of March} the {other fiveth of April}.(2) In the former he {persists in} the {jealousy} expressed in {his letter of} the {thirtieth of December(3) of} the {British Councils. He says} that {Shelburne} had {boasted of his success} in {gaining the provisional treaty without the concurrence of France and of the good effects he expected to draw from that advantage}. Mr. {Ls remark was} that {admitting} the {fact which he did not} altho' it {might disgrace} and even {prove fatal to the American Ministers}, it {could have no such effects on the United States}. His {second letter} expresses more {confidence in the D. of Portland and Mr. Fox}. These {ministers} have withdrawn the subject of commerce with the U. S. from Parliamt. and mean to open negociations for a Treaty with their ministers in Europe. Mr. Fox asked Mr. L. whether these had powers for that purpose: his answer was that he believed so, that he had seen a revocation of Mr. Adams' commission noticed in the Gazettes but that he considered the paragraph as spurious. From this it would seem that {Mr A had never communicated
Mr. Dumas has inclosed to Congs. sundry papers (4) from which it appears that the {Dutch indulge a} violent animosity {against the French court} for {abandoning their interests and the} liberty of {navigation by a premature concluding of the preliminaries}. Complaints on this head are {made through Dumas to Mr. Adams} with {enquiries whether the American ministers had powers to} concert engagements {with the United Provinces, his M C Majy, and his Cat Majy for maintaining the rights asserted by the neutral confederation} or if the two last {decline with United Provinces alone the answer of Mr A} is not {included but references to it import} that {it was satisfactory and} that {negociations were to be opened accordingly}. It is certain notwithstanding that no {powers equal to such a transaction} were {ever given generally to the ministers} and that as far as they were given they were {superceded by the commission to Mr. Dana}. This correspondence commenced in Jany. & is brought down to late in March and yet no {intimation whatever} concerning it has been {received from the ministers themselves}.
Congress have lately sent instructions to the Ministers in Europe to {contend} in {the final treaty for such} amendment of the {article relating to British debts} as will {suspend payment for three years after the war and expressly exclude interest during the war}.(5)
Mr. Livingston has taken his final leave of the department of Foreign affairs. He wd. have remained if such an augmentation of his Salary had been made as wd. have secured him agst. future expence. But besides the disinclination of several members to augment salaries, there was no prospect of a competent number of States for an appropriation of money until he must have lost the option of the Chancellorship of N.Y. No successor has been yet nominated, altho' the delay for a choice has passed. I am utterly at a loss to guess on whom the choice will ultimate[ly] fall. {A L} will be {started} if the {defection of a} respectable {competitor} shd. be {likely to force votes upon him}.(6) No such has yet {been made a subject of conversation in my presence}.
The general arrangement of the foreign System has been suspended by the thinness of Congs. in part, and partly by the desire of further information from Europe. I fear much the delay will be exceedingly protracted. Nothing but final resignation of the Ministers
abroad & the arrival of Foreign Ministers here, will effectually stimulate Congs. into activity & decision on the subject. How far & at what time the first cause will operate is precarious. The secd. seems less so. Mr. Van Berkel has sent directions for proper provisions for his reception in the next month.(7) A Sweedish Gentleman recommended by Dr. Franklin as a Philosopher, and by the Ct. de Vergennes as an intended Minister has been here for some time.(8) From the temper of Spain, a mission from that Court also is not improbable.
The Treaty of Commerce with G. B. is another business suspended by the same cause. The Assembly have instructed us to reserve to Congs. a revisal after it shall have been settled in Europe.(9) This will give force to the doctrine of caution hitherto maintained by us. The time of my setting out for Virga continues to be uncertain, but cannot now be very distant. The prospect of seeing you, I need not assure you, enters much into the pleasure I promise myself from the visit. Mrs. House & Mrs. Trist char[ge] me with their very sincere & respectful compliments to you & beg that they may be remembered very affectionately to Miss Patsy.
I am Dear Sir your sincere friend, J. Madison Jr.
RC (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:127-29.
1 Words printed in braces in this text were written by Madison in a variation of the official Virginia cipher.
2 See Elias Boudinot to Washington, June 9, 1783, note 1 .
3 That is, Henry Laurens' letter of December 24, 1782, for which see Madison's Notes of Debates, March 12-15, 1783, note 1.
4 With his March 20 letter to Robert R. Livingston, Charles W. F. Dumas had enclosed copies of his European correspondence from January 24 to March 14, which included a January 28 letter informing John Adams that government officials of the United Provinces accused France of "abandoning, sacrificing & trifling with them" in negotiating a preliminary treaty with Great Britain which was an "enormous & unpardonable fault." Livingston conveyed the contents of Dumas' correspondence to Congress on June 2. On June 6 it was referred to a committee of three chaired by Madison which reported this day. Coincidentally, Dumas' March 27 letter concerning serious internal disputes in the Netherlands was also read this day. Neither action is mentioned in the journals. See PCC, item 93, 2:220-66, 291-301, item 185, 3:66, item 186, fol. 106. Some of Dumas' letters to Adams and his March 27 letter to Livingston are in Wharton, Diplomatic Correspondence, 6:229-30, 232-36, 255-56, 272-73, 347-48.
5 See Madison's Notes of Debates, May 29 and 30, 1783.
6 For the nomination of Arthur Lee and others to the post of secretary for foreign affairs, see the preceding entry, note 2.
7 See Oliver Ellsworth to Jonathan Trumbull, June 4, note 2 .
8 It is not known when baron de Kermelin arrived in America, but Benjamin Franklin's November 7, 1782, letter of introduction indicates that the baron intended to travel extensively throughout the United States. He did not arrive in Philadelphia to present his credentials until a year later. See PCC, item 82, 2:285-86; Wharton, Diplomatic Correspondence, 5:861-62; and Samuel Hardy to Benjamin Harrison, June 24, 1784. See also Virginia Delegates to Harrison, March 12, 1783, note 3.
9 For the Virginia assembly's instructions, see Madison, Papers (Hutchinson), 7:69.
Yesterday's mail brought me two letters from you one of the 15 Ulto.(1) inclosing the intervening sheet of the Journals which ought to have come two weeks ago, the other of the 29th from Williamsbg.(2) inclosing Mrs. Randolphs letter to Mrs. Trist. I have recd. no copy of the Journal from your assistant.(3)
Mr. Jones will have informed you that the Mission of Payne to R. Island by Congs. was a fiction of malice. If the trip was not a spontaneous measure of his own, I am a stranger to its origin.(4)
I am told by one of the Judges of appeal (5) that no case has yet required from them a construction of the epochs which are to limit captures. The 3d of March was generally applied at first to the American seas, but that opinion has rather lost ground. In N. York it is said that the 3d of Apl. is adhered to.(6) As the like phraseology is said to have been used in former Treaties, the true construction might be found I sd. suppose in Admiralty precedents.
We have recd. the instruction relative to Commercial Treaties.(7) The principle on which it is founded corresponds precisely with my idea. But I know not how far the giving an opportunity to the States of exer-cising their judgments on proposed Treaties, will correspond in all cases with the doctrine of the Confederation which provides for secresy in some such cases. The deviation how ever if there be any is trivial, and not being an intended one can have no ill consequences. No progress has been made towards a Treaty with G. B. owing partly to a desire of hearing further from Europe & partly to the paucity of States represented in Congs. It would seem that the plan of regulating the Trade with America by a Parliamentary Act has been exchanged by the present Ministry for an intended Treaty for that purpose. Mr. Laurens was asked by Mr. Fox whether the American Ministers had powers for a commercial Treaty. His answer was that he believed so; that a revocation of Mr. Adam's powers had appeared some time ago in print, but he considered the publication as Spurious. From this it wd. seem that this act of Congs. had never been communicated by the latter to his colleagues. He lately complained of this revocation in a very singular letter to Congs.(8) I consider it as a very fortunate circumstance that this business is still within our controul, especially as the policy of authorizing conditional Treatys only in Europe is so fully espoused by Virga.
Mr. Livingston has taken his final leave of the departmt. of F. Affairs. No nomination for a successor has yet been made though the time assigned for the election has passed, nor does the conversation center on any individual. I have forborne on various accts. to hold forth our friend McLurg.(9) I can form no conjecture on whom the choice will ultimately fall.
The offers of N. Y. & Maryld. of a seat for Congs. are postponed till Ocr. next in order to give time for other offers & for knowing the sense of the States on the subject. Copies of those acts are to be sent to the Executives of each State.(10)
I have forgot the request of Mr. Mercer for several weeks to make his apology for failing to open a correspondence with you. The regular one maintained between yourself & me, he supposes, would leave little but repetition to him, and his other correspondents, I suppose give him competent employment.
Congress have resumed at length the Cession of Virga. The old obnoxious report was committed, and a new report has been made which I think a fit basis for a compromise. A copy of it is inclosed for the Govr. I have also transcribed it in my letter to Mr. Jones.(11) As it tacitly excludes the pretensions of the Companies, I fear obstacles may arise in Congs. from that quarter. Clarke from N. Jersey informed Congs. that the Delegates from that State being fettered by instructions, must communicate the plan to their constituents. If no other causes of delay should rise the thinness of Congs. at present will prove a material one. I am at some loss for the policy of the Companies in opposing a compromise with Virga. They can never hope for a specific restitution of their claims, they can never even hope for a cession of the Country between the Alleghany & the Ohio by Virga. as little can they hope for an extension of a jurisdiction of Congs. over it by force. I should suppose therefore that it wd. be their truest interest to promote a general cession of the vacant Country to Congress, and in case the titles of which they have been stript sd. be deemed by them reasonable, and Congs. sd. be disposed to make any equitable compensation, Virga. wd. be no more interested in opposing it than other States.
I inclose different papers to you & to Mr. Jones, & recommend an interchange.
RC (DLC: Madison Papers). In Madison's hand, though not signed. Madison, Papers (Hutchinson), 7:133-35.
1 See ibid., pp. 44-46.
2 Not found.
3 See ibid., pp. 74n.12, 112.
4 For explanations of Thomas Paine's December 1782 "Mission" to Rhode Island to combat anti-impost sentiment in that state, see Morris, Papers (Ferguson), 7:78-93; and Irwin H. Polishook, Rhode Island and the Union, 1774-1795 (Evanston: Northwestern University Press, 1969), pp. 76-78.
5 Cyrus Griffin, John Lowell, or George Read.
6 On April 11 Congress had adopted a proclamation establishing the cessation of hostilities in American waters as occurring one month after the February 3 ratification of the provisional treaties of peace by France and England, although a two month "epoch" was observed by the British navy in America. See JCC, 24:238-40. See also Virginia Delegates to Benjamin Harrison, March 25, 1783, note 1.
7 See the preceding entry, note 9.
8 See the preceding entry, notes 1-3.
9 Madison later struck out this sentence, though leaving it clearly legible. For "our friend McLurg," see Madison to Randolph, December 2, 1782, note 3.
10 See Elias Boudinot to the States, this date .
11 Neither the enclosure nor the letter to Joseph Jones has been found. For the "new report," see Madison's Notes of Debates, June 4, note 2 .
I have the honor to transmit to your Excellency copies of divers Letters and others papers, agreeably to an Act of Congress of the 10th instant (1) and am, with great respect and esteem, Sir, Your Excellency's most obedient and very humble Servant, Elias Boudinot
Tr (M-Ar: Revolutionary War Letters).
1 For the enclosed "Act" concerning the capture in the Gulf of Mexico of the San Antonio, owned by Antonio de Argote, and the court of appeals' May 28 decree against her Massachusetts privateer captors, Edward Church and William Haydon, see JCC, 24:386-87; and Boudinot to Hancock, April 8, 1783, note.
As the Capt. goes early in the Morning I sit down to write on the Subject of your favour of the 7th but I confess, I scarce know what to say, or how to advise.
I have no great desire of having my furniture &c at Elizabeth Town, in preference to Baskinridge, as it would be as much exposed at the one Place as the other -- and if Harry should undertake a Jaunt to the Ridge in this hot weather, I see no valuable End to be answered by it, and a considerable Expence incurred. On the whole therefore, unless you can advise to something better, I must beg you to have every Thing carefully locked up in the office & new Room & Pantry, and get Mr Southard if possible to live in the old part of the House. The Waggons, Plough, Harrow &c &c may be secured in the Barn -- All the Boards, put up in the Chamber of the Waggon House. The Cows must be put out, and the two Horses either Sold for what they will bring (unless you may want them or either of them at New Rochell) or let out for their Service. The young Colt I think you said you would take with you. All this is on supposition that it will not be proper for the Capt. to remain there till you are settled at Home, which he has in Contemplation. I confess I think you are risquing a great deal to be so
much in a hurry, as I fear you will be much exposed. Mr Laurens writes doubtfully abt. the speedy signature of the definitive Treaty.(1)
If you think this Plan will not do Harry will set off, on the first Notice from you. Susan is at Grme Park; she is not well after the Measles.
As to the Land, I wish that over the Road to be rented if possible. The Homestead, Mr Southard will take Care of for the Pasture, securing what Hay he can off of it for me, but I would not have any part of it ploughed. I wish you also to enquire about the Logs at the Mill -- there were near 30 of them.
Mrs. B joins me in kind Love to Mrs. P. and wishes her Joy on the recovery of her Old Habitation. Patty desires also her Duty -- she is not quite so well as usual but seems rather to be threatened with a Fever.
Am My Dr. Sir, Yours Affty, E B.
RC (NjHi: Ely Autograph Collection).
1 See Boudinot to Washington, June 9, note 1 .
In two or three letters, which I have had the honor of writing to Your Excellency lately -- I mentioned the necessity of a representation of the state here and at the same time of my returning to my private occupations. I am obliged to inform Your Excellency that I cannot remain here above ten days longer.(1)
I have the honor to be, Yr. Excellency's Most Obed ser,
Alex Hamilton
RC (DLC: George and James Clinton Papers, photostat).
1 See Hamilton to Clinton, May 14 and June 1; and Elias Boudinot to Certain States, June 3, 1783. Hamilton remained in Congress through July. See Hamilton to Clinton, July 27, 1783, note 6.
The last Boston newspapers which I have receiv'd, announced your Excellency's being again chosen Governor, which gave me sensible pleasure, & please to accept my sincere congratulations.
We have had a number of late arrivals here from Europe, but they bring us little more, than that the British king has at length form'd a new administration.
Some time since, I was in hopes that Congress wou'd have a recess from June to November but the definitive treaty having not yet come to hand, I have now no expectation of that pleasure.
I have, with perfect respect, the honor to be, your Excellency's most obedient Servant.
FC (DLC: Holten Papers). In the hand of Samuel Holten.
The delegates of Massachusetts have the honor of inclosing a letter they have recd. from the minister of France, covering a letter from M. de. Fresne, respecting Mr. John Gardiner,(1) in order that your Excellency may be acquainted with Mr. Gardiners character, & that he may reap the advantage thereof in Masstts.; Mr. Gardiner we understand is on his Journey to Boston, but expects to make some tarry at Connecticut.
In the name of my Colleagues, I have the honor to be, your Excellency's most obedient servant, S. Holten
RC (MH-BA: Hancock Papers). Written and signed by Samuel Holten.
1 John Gardiner (1737-93), son of Dr. Silvester Gardiner a Boston loyalist, was on his way to Boston to reclaim family properties and establish his residence. Gardiner had been educated in England and after practicing as a barrister in Wales for several years, he had been appointed attorney general of St. Christopher. Forced to resign because of his Whig sympathies, he had remained on the island during the war. After his return to Boston, he entered legal practice, was admitted as a citizen by legislative act in 1784, and in 1786 moved to Gardiner, Maine, where he practiced law and served as a member of the General Court, 1789-93. DAB.
The Instruction in the Secret Journal touching the principles &c of the Neutral Confederacy, passed unanimously.(2)
The Resolution as reported by the Committee being in a positive style, and eight States only being present, the question occurred whether nine States were not necessary. To avoid the difficulty a negative form was given the Resolution; by which the preamble became somewhat unsuitable. It was suffered to pass however, rather than risk the experiment of further alteration.(3)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:140.
1 Immediately preceding this entry Madison wrote "Wednesday June 11. See journals, secret and public."
2 See JCC, 24:392-94.
3 There is no mention of this "difficulty" nor of the number of states in attendance in Secretary Thomson's journals.
I have the honor to enclose to your excellency the resolutions of Congress relative to the complaint against Church and Hayden and the decree of the Court of Appeals in the Case of the Brig San Antonio.(1) I hope that it meets with your full satisfaction and that it convinces you of the sincere disposition of Congress not only to procure justice for the injured parties but also to avenge the honor of the flag of His Catholic Majesty and to establish the strictest harmony between his subjects and those of the United States.
I have the honor &c. (signed) Charles Thomson
Tr (Archives du MinistÅre des affaires ÄtrangÅres: Correspondance politique, États-Unis, 23:388). A retranslation of the French translation of Thomson's letter enclosed in La Luzerne's letter to the comte de Vergennes of June 19, 1783, No. 334. Ibid., 24:363-65.
1 For the enclosed April 4 and June 10 resolutions, see JCC, 24:227-28, 386-87; and Elias Boudinot to John Hancock, June 11, 1783.
The mutinous memorial from the Sergeants was recd. & read. It excited much indignation & was sent to the Secretary at war.(1)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:141.
1 This memorial, which has not survived, was a response to Congress' May 26 resolves for furloughing and discharging Continental troops. Although furloughed troops were to be "allowed to take their arms with them," the resolves were silent on the point of the arrears of their pay, and aroused fears that demobilization would destroy their prospects for a just settlement of their accounts. As John Armstrong, Jr., secretary of the Pennsylvania Council, explained to Gen. Horatio Gates on June 16: "The late unqualified resolve of Congress [i.e., of May 26], discharging or furloughing as they are pleased to call it, all those men who have been engaged for the war, without even a Settlement of Accounts, was taken up very spiritedly by the little Corps at this place, consisting of but 300 Men. They Addressed themselves to Congress upon the occasion in language very intelligible -- 'We will not accept your furloughs & demand a Settlement.' Accomoda
Armstrong was anything but a disinterested observer of these events, however, and may have played a significant role in the campaign of these troops to obtain a just settlement of their demands. He was the author of the Newburgh "addresses" that precipitated the crisis at the main encampment of the army in mid-March, and after his appointment as secretary to the Pennsylvania Council on March 25 he was strategically located to gauge the responses of the government to the soldier's demands. It is probably significant that a key petition from the Philadelphia troops to the council of June 21 was an "anonymous paper" presented to Armstrong. Pa. Council Minutes, 13:540, 605. See also C. Edward Skeen, John Armstrong, Jr., 1758-1843: A Biography (Syracuse, N.Y.: Syracuse University Press, 1981), pp. 12-21.
For the response of another group of Continental troops to "The measure of furloughing," those under the command of Col. Richard Butler at Lancaster, see also Madison to Edmund Randolph, June 17; and Madison's Notes, June 19, note 3. The "indignation" incited by this response was undoubtedly heightened by the fact that Congress had just received a report on June 10 that a body of Virginia dragoons under the command of Col. George Baylor and assigned to the southern department had recently mutinied and were in North Carolina enroute to Virginia. See Madison, Papers (Hutchinson), 7:96-98; JCC, 24:389n, 400-1; and PCC, item 78, 17:357-59.
I had the honor of writing your Excellency by a late opportunity, when I informed you how greatly mortified I had been by being under the necessity of delaying the embarkation of the Field-pieces, which I had thought myself perfectly assured would have taken place by the Ship Duc de Lauzun.(1) The reason of this disappointment arose from the inattention of the Quarter-Master, who did not discover till it was too late, that the Cannon were not of the number taken at York Town, which I conceived essential in this case. Those being all at West Point, I have given express orders for having them immediately engraved and forwarded with all convenient dispatch.
I hope your excellency will be assured that this delay has been on my part unavoidable.
I have the honor to be &c.
LB (DNA: PCC, item 16).
1 See Boudinot to de Grasse, April 23, 1783 ; and the following entry.
Mons. le Compte de Grasse having requested me to have the two pieces of Artillery presented him by Congress forwarded to him without delay, I endeavoured to urge the engraving and getting them ready to be shipped by the Duc de Lauzun,(1) who sailed from hence about three weeks ago. I was led to believe by the Quarter-Master that they should certainly be ready in time, and I accordingly wrote the Compte that he might certainly expect them by that Vessel. However when it was too late it was discovered that the pieces pitched upon were not of those taken at York-Town and therefore were improper to be sent. This disappointment mortified me greatly on account of my having pledged my word for their embarkation. The Secretary at War informs me that directions are given for their being engraved and forwarded from West-Point. Shall I beg the favour of your Excellency to urge the compleating and sending them to the proper place of embarkation as speedily as possible; as the present delicate situation of the Count de Grasse makes me more attentive to his earnest request.(2)
I have the honor to be, with highest respect and esteem Your Excellency's Most obedt. & very humb. Serv Elias Boudinot
RC (DLC: Washington Papers). In a clerical hand and signed by Boudinot.
1 See the preceding entry .
2 See also Boudinot to Washington, August 21, 1783 .
I am sorry to inform you, that by the resignation of Mr. Livingston, as Secretary for Foreign Affairs, it has become necessary, that you should receive the Resolutions of Congress, relative to your mission, through my hands. The disadvantage arising from this necessity, until a Successor to that worthy Gentleman is appointed, will be your's, as it will be impossible for me to do more than barely transmit the Acts of Congress necessary for your information.(1)
Enclosed you have one of the 1st of May last, and another of the 12th instant, which, I hope will get to hand time enough for your government.(2)
The commission and instructions referred to in the first not being ready, it was thought best to forward the resolution without delay, that
We have been much surprised that we have not received any communication from you since the account of the cessation of hostilities, except a letter of the 5th of April from Mr. Laurence.(3)
I have the honor to be &c. &c. E. B.
LB (DNA: PCC, item 16).
1 For the resignation of Robert R. Livingston, see James Madison's Notes of Debates , a nd Charles Thomson to Livingston, June 4, 1783.
2 The enclosed May 1 "Act" authorized John Adams, Benjamin Franklin, and John Jay to negotiate a commercial treaty with Britain and directed the secretary for foreign affairs to prepare "a plan of a treaty of commerce and instructions" for transmittal to the commissioners. That of June 12 was a directive to avoid entering into any stipulations in the definitive peace treaty that would require the United States to support "the rights of neutral nations...by arms." See JCC, 24:321, 392-94; and James Madison's Notes of Debates, June 12, 1783.
3 See Boudinot to Washington, June 9, note 1.
The delegates from Massachusetts have recd. the letter you was pleased to write them the 19th ulto. respecting Mr. Gerry's affairs,(1) but this address of mine, is not to be considered as an answer to the same, for my principal motive is personal respect & a desire of giving you information upon that matter, which I shall do by inclosing a copy of the remonstrance presented to Congress,(2) which was filed with the other papers upon the subject in the secys office without opposition, & I hope it will be satisfactory to Mr. Gerry; I have lately wrote to him inclosing a copy of sd. remonstrance.(3)
We are here much in the state you left us; there has not been nine states represented in Congress since Colo. Dyer took his departure near three weeks since but Congress has directed letters to be wrote to the several states that were unrepresented to keep up their representation.(4)
Soon after you left us, we called the attention of Congress to the state of the old paper money & had a day assigned for the farther consideration of the matter, but when the day came there was not nine states present, neither has there been since.(5) The soldiers engaged for the war are upon their return home, having recd. furloughs & to be discharged when the definitive treaty is concluded.
I am, with perfect respect, your most obedient
FC (MHi: Holten Papers). In the hand of Samuel Holten.
1 Samuel Osgood's May 19 letter to the Massachusetts delegates reported Elbridge
Gerry's determination to receive some satisfaction "upon the subject of his difficulties with Congress in the year 1780" before he would return to Congress. Osgood's letter outlined three optional courses that might serve this purpose:
"I mentioned to him freely the difficulties which occur'd, such as, that the present Congress are a new body. That the Confederation had since been ratified by all the States which occasioned a considerable Change in the Rules & Practice of the House. That two or three Members only were present now, who belong to Congress at that time. But these Observations did not operate in his Mind at all. I therefore desired him to point out what would be satisfactory -- mentioning that I conceived there were several Modes of attempting a Remedy. 1st. By having the Resolution of our Legislature entered on the Journals of Congress. 2d. By drawing up a Remonstrance & praying leave to file it with the other Papers relative thereto in the Secretary's Office. 3d. By endeavoring to procure a direct Resolution against the arbitrary Decision of Congress.
"To the first & the third Way there so many Objections easily started that Mr. Gerry seem'd to think that he should be fully satisfied with the other. If you should be of Opinion that Congress will consent to have a Remonstrance fil'd, the only Point you will have to remonstrate against, is that Congress did on the 18th of Feby. 1780 deny Mr. Gerry the Priviledge of the Yeas & Nays upon a Question of Order contrary to the Practice of House as will appear from the printed Journals of Congress of the year 1779 where the Yeas & Nays have been taken on Questions of Order as follows -- April 22d, May 14th & 24th, June 8th, July 30th, Octor 30th & December 18th. I conceive the Decision of Congress in this Respect to have been arbitrary & unprecidented.
"I have tho't it necessary to submit these observations to you, as Mr. Gerry will go forward in Case you get a Remonstrance filed (or take such other Measures as may seem to you most likely to succeed) otherwise he will not.
"That there was such an arbitrary Decision will appear only from Mr. Gerry's Letters in the Secretary's Office." James S. Copley Library, La Jolla, Cal.
2 Massachusetts Delegates to Congress, June 6, 1783 .
3 Holten to Gerry, June 7, 1783 .
4 See Elias Boudinot to Certain States, June 3, 1783 .
5 See Massachusetts Delegates to John Hancock, May 28 and June 9, 1783.
I have but Just time to ackowledge the Rect. of yr. Favor of the 3d Inst. and to Congratulate myself on the Prospect of seeing you about the middle of Octr. as I have just receivd information that new delegates are elected to supply our place.
I am much pleased with the feelings you express on reading the address(2) -- they are those of an honest Man I hope that quality will cover our Country as the Water covers the Sea. I shall want my Horses about August. I have written to Mr. Banister to that effect. 3 I shall depend on you and him to Contrive them to me in the best manner some time early in that month. Excuse the Brevity of this. Tell Fanny I love her and Kiss the Children for yr affecte. Friend &c &c,
Theok. Bland
[P.S.] I forgot to Mention to You that a Gentn. of the Name of Cabot will soon be in yr. Neighbourhood. He was of the Council of Massachusett -- a Man every way worthy yr acquaintance.(4) I shall rely on yr. shewing him every Civility and introducing him to the Circle of our acquaintance -- and shall esteem every Civility shewn to him as an instance of their & your regard for me. You will find him an enlightend & Polishd Man -- if I have time before he goes I shall give him a particular letter to you if not let this serve.
RC (ViW: Tucker-Coleman Papers).
1 Bland also wrote the following brief letter on June 16 to an unidentified correspondent, perhaps the widow of one of his former "brother" officers in Bland's Continental Dragoons.
"It gives me much pleasure to inform you that, after many vain attempts to secure the money due from the Qur. Master to my late Worthy Friend & Brother -- which I was in hopes could have been done time enough to have been sent by Genl. Spotswood, Mr. Lacoste or Majr. Forsyth -- I have at length succeeded and there is now in my hands one hundred and Sixty one dollars and two thirds -- for which sum I beg you will be pleased to draw a Bill on me, which you may be assured shall be paid at Sight. This is the surest means I can devise of your receiving the money without risque -- as I know at present of no good and safe opportunity of conveying that Sum to you in Specie." Tucker-Coleman Papers, ViW.
2 That is, the April 26 "Address to the States," for which see Elias Boudinot to the States, May 9, 1783, note 1.
3 Not found.
4 Possibly George Cabot (1752-1823) whose term in the Massachusetts Senate had ended the preceding month. See Henry Cabot Lodge, Life and Letters of George Cabot (Boston: Little, Brown, 1877), p. 23.
Dr. Holten presents his compliments to the Honorable Mr. Morris & requests his attention to the papers Dr. Holten left with him, & as the post sits out tomorrow, Dr. Holten will do himself the honor of personaly waiting upon Mr. Morris, about 12 o Clock tomorrow.(1)
FC (MHi: Holten Papers). In the hand of Samuel Holten and endorsed by him: "Billet to the Honorable Mr. Morris, June 17th 1783."
1 There is no mention of such a visit in the superintendent of finance's office diary for June 18, but in the entry for June 11 Morris recorded that Holten had called "respecting the Bonds of a Privateer belonging to Boston which he wants to put in Suit. I promise to do this business against next Post day." Robert Morris Papers, DLC.
The day was employed chiefly in considering the Report on the Journal relative to the Department of Finance. Some thought it ought to lie on the files: some that it ought to receive a vote of approbation, and that the Superintendant, should, for the period examined, be acquitted of further responsibility. Mr. Gorham particularly was of that opinion. Finally the Report was entered on the Journal without any act of Congress thereon, by a unanimous concurrence.(2)
MS (DLC: Madison Papers). Madison, Papers (Hutchinson), 7:154.
1 Immediately preceding this entry Madison wrote "Monday June 16. No Congress."
2 This report, the product of a committee appointed on January 6, 1783, "To enquire fully into the proceedings of the department of finance," and renewed March 31, had been submitted and read on June 10. See JCC, 24:396-99; and PCC, item 19, 4:405-8, item 186, fols. 78, 91. For the work of this and other congressional "oversight" committees appointed to investigate Morris' administration of Continental finances, see Morris, Papers (Ferguson), 5:386-89, 578-79, 7:664-65, 668-69, 721.
Your favor of the 4th, the second from Williamsburg,(1) was rcd. yesterday. I have recd. nothing from Mr. Hay during your absence from Richmond, but omission has been supplied by Mr. Ambler whose letter by yesterday's mail inclosed the Journals from the beginning.(2) Perhaps this supply was known to Mr. H.
The definitive Treaty is not yet on this side the wa[te]r; nor do we yet hear what stage it is in on the other side. Mr. Dana informs us in a letter of the 17 Feby. that in consequence of proper encouragement he had finally announced himself at the Court of Petersbg. but does not gratify us with a single circumstance that ensued.(3) The gazette of this morning inclosed contains the latest intelligence from the British Parliamt. which I have seen.(4)
The measure of furloughing the troops enlisted for the war has been carried into effect with the main army, and will save a great expence to the public. The prospect which it presented to the officers who were to retire from their subsistance with out receivg. the means of subsistance elsewhere produced a very pathetic representation to the Commander in chief. His answer by rectifying some errors on which it dwelt, and explicitly giving it as his opinion that Congress had now done every thing wch. could be expected from them towards fulfilling the engagements
Another embarrassment, and that not a small one will soon be laid before them by a Committee.(7) Genl. Washington, the Secy. at war and all the professional men who have been consulted, report, that at least 3 or 4 Regts. will be essential as a peace establishmt. for the U States, & that this establishmt. ought to be a Continental one. West point, the fronteir forts to the Westward, and a few garrisons on the Sea Shore, are conceived by them to be indispensable. Some Naval force is deemed at least equally so, with a few docks & protections for them. On looking into the articles of Confederation, the military power of Congress in time of peace, appears to be at least subject to be called in question. If Congress put a construction on them favorable to their own power, or even if they ask the States to sanction the exercise of the power, the present paroxism of jealousy may not only disappoint them, but may exert itself with more fatal effect on the Revenue propositions. On the other side to renounce such a construction, and refer the establishment to the separate & internal provision of the States will not only render the plan of defence either defective in a general view or oppressive to particular states, but may hereafter when the tide of prejudice may be flowing in a contrary direction, expose them to the reproach of unnecessarily t[hrowing] away a power necessary for the good of the Union, and leaving the whole at the mercy of a single State. The only expedient for this dilemma seems to be delay; but even that is pregnant with difficulties equally great; since on the arrival of the definitive Treaty Congs must in pursuance of such a neutral plan suffer the whole military establishmt. to be dissolved, every garrisoned-post to be evacuated, and every strong hold to be dismanttled. The remaining ships of war too must be sold, and no preparatory steps taken for future emergences on that side.
I am exceedingly pleased to find Mr. Jefferson's name at the head of the new Delegation. I hope it has been placed there with his knowledge and acquiescence.(8)
The order of the day for electing a Secy. of F. Affairs was called for on Teusday last, but no nominations having been then made, the business was put off till the present day. The nominations since made are Mr. A. Lee by Mr. Bland -- Mr. Jonathan Trumbell Junr. by Mr. Higgenson -- Col. Tilghman by Mr. Ghorum -- Mr. George Clymer
If Mr. Jones sd. have quitted Richmond forward if you please of his letter, It is addressed to you in his absence. It contains little which is omitted in this, but you may open it. If he sd. not be gone you will let him see this, as it is somewhat fuller than his.
RC (DLC: Madison Papers). In Madison's hand, though not signed. Madison, Papers (Hutchinson), 7:158-60.
1 Randolph's June 4 letter is in ibid., p. 112; his earlier letter from Williamsburg has not been found.
2 For Virginia treasurer Jacquelin Ambler's letter of June 7, see ibid., p. 117.
3 For Francis Dana's dispatches of February 11, 25, March 7 and 12, 1783, which had been received this day, see PCC, item 89, fols. 695-712, item 185, 3:67; and Wharton, Diplomatic Correspondence, 7:248-50, 263-64, 275-76, 286-87. Dana had reported in his March 7 dispatch that he had "announced himself at the Court of Petersbg."
4 That is, the Pennsylvania Packet.
5 See Elias Boudinot to Washington, June 9, note 3 ; and Boudinot to the States, June 20, 1783, note 1.
6 See Madison's Notes of Debates, June 13, 1783.
7 The committee appointed April 4 to consider "the arrangemts. proper to be taken in case of a general Peace" had reported April 21 on Indian affairs and would report June 18 "on military Arrangements," although the latter report, written by Alexander Hamilton, was not entered on the journals until October 23, 1783. See PCC, item 186, fol. 92; JCC, 25:722-44; and Hamilton, Papers (Syrett), 3:378-97. See also Madison's Notes of Debates, April 2-5, note 6; Committee of Congress to Washington, April 9; and Richard Peters to Baron Steuben, April 23, 1783. For an explanation of why the report was delayed in its consideration, see Charles Thomson to Elias Boudinot, August 11, 1783 .
8 See Madison, Papers (Hutchinson), 7:27n.19, 119n.10.
9 See Madison's Notes of Debates, June 10, 1783, note 2 . Neither the journals nor Madison's Notes for June 17 indicate that nominations were taken up this day.
We have delayed answering that part of your Excellencys letter of the 26th of March respecting the seizure of Captain Spicers Flag-vessel until we should receive an answer from the British General, and Admiral Digby at New York to the Letter with its enclosures from the Secretary for foreign affairs on the subject as ordered by Congress.(1)
This day we received the answer which tho' not so satisfactory as we could wish, is such a one as we might expect. The reasons for delaying the demand of satisfaction, 'til this late hour, are unknown to us; but the impropriety of it is obvious. Our Memorial No 1, the order of Congress No. 2 and Guy Carletons Letter No. 3 are all herewith enclosed,(2)
and we hope that the part which has fallen to us, has been executed in a manner, agreeably to the desire of your Excellency. Whenever it may be necessary to do any thing further, we shall be particularly attentive thereto.
We are with the greatest respect, Sir, &ca.
Benjamin Hawkins
Hugh Williamson
Tr (Nc-Ar: Governors' Letterbooks).
1 In response to a memorial from the North Carolina delegates, Congress had directed Secretary Robert R. Livingston to "forward to the British general and admiral commanding at New York" the papers respecting the illegal seizure of Capt. James Spicer's schooner Endeavour, "that justice may be done." See JCC, 24:318; and North Carolina Delegates to Congress, April 16, 1783.
2 These enclosures -- the delegates' April 15 "Memorial" to Congress, Congress' May 1 directive to Secretary Livingston, and Sir Guy Carleton's May 31 reply to Livingston -- are in NCSR, 16:825-26. Carleton had reported to Livingston that "the circumstances of the transaction complained of are, at present out of my power to ascertain," and explained that he was transmitting the papers relating to the case to England for investigation and a decision.
Since our last to Yr. Excellency,(1) little has occurr'd worthy of communication. A Letter from General Washington encloses a very feeling address from the Officers of that part of the Army, comprehended in the late Resolution of Congress hertofore transmitted to Yr Excelly. Their minds too much agitated by the contemplation of prospects, cruel & dispiriting, gave way to suspicions (founded on the indefinite terms of the furlough) that this mode was adopted to disperse them, & to avoid a compliance with that part of their request which, related to paym't on their discharge. They lamented but in strong & manly terms that they were to end their toils & hardships by returning to inevitable distress, without any alleviation of their present wants. They implor'd his interference as their General & as their friend. The Commander in Chief then explained to them -- That this measure was calculated to promote their interest, without endangering the safety of the States. That by this means the money which must otherwise be expended in their subsistance, woud now be appropriated to the paymt. of part of their dues. He said, that in justice to Congress, he could not but declare his sentiments. That they had made every exertion within their Power to obviate the present distresses of & to procure final justice to the Army. By this prudent, wise & noble conduct of General Washington gathered discontents, which now seemed again ready to
A Spirit of Mutiny discovered itself in the Troops immediately in Phila. that at first wore an alarming aspect, but by timely exertion it terminated without any ill consequences.(3)
Yr. Excellency will receive the Pamphlett you require.(4)
We have the honor to be &c. Yr. Excellency's most obt. humble Servants J. Madison Jr.
John F. Mercer
RC (NNPM: Signers of the Constitution). Written by Mercer and signed by Mercer and Madison. Madison, Papers (Hutchinson), 7:154-55.
1 Apparently a missing letter of June 10, for which see ibid., p. 155n.1.
2 See Elias Boudinot to Washington, June 9, note 3 ; and Boudinot to the States, June 20, 1783, note 1.
3 See Madison's Notes of Debates, June 13, 1783 .
4 Harrison had requested another copy of the Address and Recommendations to the States, for which see Elias Boudinot to the States, May 9, 1783, note 1 ; and Madison, Papers (Hutchinson), 7:118.
Enclosed you have an official letter, directed to our Ministers Plenipotentiary at Paris.(1)
The resignation of the late Secretary for Foreign Affairs (occasioned by his preference of the Chancellorship of New York, which he could not hold longer and retain his Secretaryship) has cast this business on me till a Successor is elected, which I hope will speedily take place.
As part of the Resolution of Congress of the 12th instant, enclosed in the above letter is of a secret nature, I have wrote it in Cyphers; and not having Mr. Livingston's, I thought it best to use Mr. Morris's to you, which he has obligingly supplied me with, so that the Commissioners must be indebted to you for the deciphering of it.(2)
Your letter to Mr. Livingston of the 15th of April, enclosing the two Medals, came to hand this morning.(3) I am sorry to find that you make similar complaints to those we have been making for two months past, on the subject of want of intelligence. We have not heared from any of our Commissioners since February, tho' our anxiety and expectations have been wound up to the highest pitch.
I feel myself much indebted for your polite compliment of the Medal. It is very elegant indeed; and the device and workmanship much admired. You will please to accept of my acknowledgments on this occasion. As I doubt not but the Copper one was designed for Mr.
Livingston personally, I shall transmit it to him. He is a very worthy deserving Character, and the United States will suffer greatly by his resignation, tho' I really think him justified in attending to the calls of his private affairs.
I enclose you a number of late Newspapers, in which you will see a number of Resolves, Associations &c. from all parts of the Country, which, I wish had been kept out of sight; but the truth is, that the cruelties, ravages and barbarisms of many of the Refugees and Loyalists have left the people so sore, that it is not the time for them yet to exercise their cooler Judgment; and it cannot take place while the Citizens of New-York are kept out of their habitations and despoiled daily of their property by sending off Negroes &c. It has been an ill judged scheme in the British to retain New-York so long and send off the Negroes, as it has roused the spirit of the Citizens of the several States greatly.
I have the honor to be &c. E. B.
LB (DNA: PCC, item 16).
1 See Boudinot to the Ministers Plenipotentiary, June 16, 1783 .
2 For the cipher used by Franklin and Robert Morris, see Morris, Papers (Ferguson), 1:285-86n.16.
3 Franklin's April 15 letter to Secretary Robert R. Livingston, which was read and referred to committee this day, is in PCC, item 82, 2:365-76; and Wharton, Diplomatic Correspondence, 6:377-80.
"I have caused to be struck here the medal, which I formerly mentioned to you, the design of which you, seemed to approve," Franklin had explained. "I enclose one of them in silver, for the President of Congress, and one in copper for yourself; the impression on copper is thought to appear best, and you will soon receive a number for the members. I have presented one to the King, and another to the Queen, both in gold, and one in silver to each of the ministers, as a monumental acknowledgment, which may go down to future ages, of the obligations we are under to this nation....If the Congress approve of it, as I hope they will, I may add something on the die (for those to be struck hereafter) to show that it was done by their order."
Franklin had originally outlined his ideas for this commemorative medal in his March 4, 1782, letter to Livingston. The United States would be represented "by the figure of an infant Hercules, in his cradle, strangling the two serpents; and France by that of Minerva, sitting by as nurse, with her spear and helmet, and her robe specked with a few fleurs de lis. The extinguishing of two entire armies in one war [i.e. at Saratoga and Yorktown] is what has rarely happened, and it gives presage of the future force of our growing empire." Wharton, Diplomatic Correspondence, 5:214, 656, 6:379. See also Joseph F. Loubat, The Medallic History of the United States of America, 1776-1876 (1878; reprint ed., New Milford, Conn.: N. Flayderman, 1967), pp. x, 86-92 and plate xiv; and Boudinot to Robert R. Livingston, September 16, 1783 .
I take the liberty of enclosing for your Excellency's perusal several of the last papers published here.
Nothing official has been received here from Europe since I had the honor of addressing your Excellency by Messenger Brown,(1) except a letter from Mr Lawrence of the 5th of April at London, mentioning the appointment of David Hartley, Esqr, in the room of Mr Oswald, to finish the American negociations, & that from conversing with several of the new Ministry, particularly the Duke of Portland & Mr Fox, he was satisfied with their disposition that they should proceed with liberality & dispatch. Another letter of the 23d of April from Doct. Franklin's Secretary, mentioning the arrival of Mr. Hartley in France & that the Doct. was then gone in company with him from Passe to Versailles, and a letter from Mr Dana at Petersburgh of the last of Feby, mentioning that he expected it would be two months, according to the dilatory course of such business at that Court, before the commercial treaty with them which he was upon would be finished.
The furlow'd part of the army are on their way home. Some are arrived here from the Southward. They receive three months' pay, but all in Mr Morris's notes which run six months.
I do not learn, Sir, that any of the Ligislatures this way or to the Southward have yet passed upon the plan of revenue proposed by Congress, except those of New Jersey & Maryland, neither of which have as yet adopted it fully. The first having granted the impost as requested but the other funds only for one year -- the latter having granted the Impost & postponed the rest to another session.
Mr Huntington is not yet arrived. I hope he is near at hand & that he has at least one Colleague in company with him.
I have the honor to be, Sir, with great respect, & consideration, Your Excellency's obedt, huml. Servt. Oliver Ellsworth.
RC (Ct: Trumbull Papers).
1 See Ellsworth to Trumbull, June 4, 1783 .
The newspapers from Boston annunce your being again returned to represent the Town of Danvers,(1) which gave me sensible pleasure, & please to accept my sincere congratulations.
To what cause shall I impute it that I have not been favored with a line from you since I left home.
I understand by my correspondence, that the commutation made with the officers of the army is not agreeable to the good people in our State, which I am sorry for, but altho' they mean well, it is very difficult for them to form a right judgement upon the matter, unless they were made more acquainted with the subject; but it should be remembered
Have I, my dear sir, ever made you my congratulations on acct. of peace being restored to our country; if I have not please to accept it at this time. What adds to this agreeable event is peace upon such honorable terms. I am, with sincere respect, your most obedient
FC (PPIn). In the hand of Samuel Holten.
1 That is, in the House of Representatives of the Massachusetts General Court. Hutchinson is identified in these Letters, 15:68.
Some time since, I recd. a letter from you requesting my attention in procuring a power of attorney to put in suit the bonds of the Captains or commanders of two private armed Vessels; I immediately waited on Mr. Hillegas, & he informed me there had been but one such application, & that produced a Special resolution of Congress, & therefore he did not consider himself at liberty to comply with your request without their permission; Accordingly I prepared a resolution that wou'd have answered your purposes & moved it in Congress, 'tho I was of opinion at that time that a Genl. resolution was most proper & mentiond. it; a Committee was appointed to take into consideration my motion, & at length I got a resolution passed, a Copy of which I inclose;(1) together with a power of attorney, & the copies of the bonds you sent forward; & I wish you to consider the length of time it takes to get business done in such a body as Congress, & afterwards attended to in the great offices of State, & then I think you will not be of opinion that I have neglected your business, by not giting it compleated before.
I am, with perfect respect, your most obedient.
FC (DLC: Holten Papers). In the hand of Samuel Holten.
1 Holten enclosed a copy of the June 2 resolution authorizing the agent of marine to assist in obtaining redress for "public abuses or private injuries committed by the captains or commanders of any privateers or armed vessels sailing under the authority of the United States."
Holten had earlier introduced a resolution seeking congressional authority for James Sullivan to sue William Perkins, captain of the privateer Spitfire, and James Pickman, captain of the privateer Cato. See JCC, 24:368-69, 377-78. Sullivan has been identified in these Letters, 4:75n .
The Boston newspapers announce your being elected into the Council of Masstts. and as I perceive there is no other alteration from the last year, you will permit me to consider you as my successor. Therefore, I take this first opportunity of paying you my sincere congratulations, & you may be assured that I know not the person, whose Election to that office would have given me more pleasure.
I also present you my congratulations on peace being restored to our Country, but what adds to this happy & glorious event is peace upon such honorable terms.
Congress are greatly embarrassed with our national debt, & if the several states do not comply with their late important recommendations respecting our finances, I fear we shall suffer greatly in our national character for I am fully convinced that it is not within the power of those states to pay the national debt or do justice to the public creditors by, what is con[sidere]d, the common mode of taxation.
The soldiers that engaged for the war are upon their return home; they have served their Country with faithfulness & fidelity, & deserve the attention of the good people, particularly so, as it is not in the power of Congress to pay them the whole of what is their due at this time.
I am, with perfect respect, your most obedient
FC (MHi: Holten Papers). In the hand of Samuel Holten.
1 Aaron Wood is identified in these Letters, 15:21n.1 .
The President of Congress presents his Compliments to the assistant Secretary at War, and informs him that it is ordered by Congress
RC (O: Arthur St. Clair Papers). In Boudinot's hand, though not signed.
1 There is no mention of this order in the journals of Congress, but for the context of this directive, see James Madison's Notes of Debate, this day, notes 3-5.
Information having been received, that a detachment of about Eighty mutineers are on their way from Lancaster to this place, you will please to proceed to meet them and to endeavour by every prudent method to engage them to return to the post they have left. You will inform them of the orders that have been given permitting them to remain in service 'till their account shall have been settled, if they prefer it to being furloughed -- and of the allowance of pay which has been made to the army at large & in which they are to be included. You will represent to them, that their accounts cannot be settled without their officers whom they have left behind them at Lancaster. You will represent to them with coolness but energy the impropriety of such irregular proceedings, and the danger they will run by persisting