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Subject Area: Political Theory
Topic: The American Revolution and Constitution

TO ARTHUR ST. CLAIR, GOVERNOR OF THE NORTHWESTERN TERRITORY. [PRIVATE.] - George Washington, The Writings of George Washington, vol. XII (1790-1794) [1891]

Edition used:

The Writings of George Washington, collected and edited by Worthington Chauncey Ford (New York and London: G. P. Putnam’s Sons, 1890). Vol. XII (1790-1794).

Part of: The Writings of George Washington, 14 vols.

About Liberty Fund:

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TO ARTHUR ST. CLAIR, GOVERNOR OF THE NORTHWESTERN TERRITORY.

[PRIVATE.]

Philadelphia, 2 January, 1791.

Dear Sir,

In the journals of the proceedings of the executive in the Northwestern Territory, there appear to be certain regulations made by the executive, under the articles of the 25th of April, 6th, 28th, and 29th of June last, which can with propriety only be established by laws.

In noticing these, my mind naturally recurred to your letter to me, dated at Cahokia on the 1st of May last, wherein you observe, that the absence of the judges had embarrassed you a great deal, and after waiting for them as long as possible, that you had been under the necessity of directing by proclamation certain regulations suited to the peculiar circumstances of the country. These you had no doubt would be soon confirmed by law, and the necessity of the case offered an excuse for having exceeded your proper powers.1

The imperfect state in which the legislation of the Northwestern Territory is, the want which the executive has often felt of the necessary coadjutors to adopt even the most urgent laws, and the peculiar situation of a frontier country, are circumstances which may not strike every one, who will observe that the executive has gone beyond its proper powers. It therefore becomes a matter of high importance, that the utmost circumspection should be observed in the conduct of the executive; for there are not wanting persons, who would rejoice to find the slightest ground of clamor against public characters; and, paying no regard to the absolute necessity of the case, which caused a momentary stretch of power, nor the public good which might be produced by it, they would seize the occasion of making impressions unfavorable to government, and possibly productive of disagreeable effects.

I have therefore thought it best to give you this intimation in a private and friendly letter, that by circumspection malice itself may be disarmed. With the compliments of the season, and great esteem and regard, I am, dear Sir, &c.

[1 ]See The St. Clair Papers, ii., 163, 164.