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CORRESPONDENCE AND MISCELLANEOUS WRITINGS
1783–1785

TO FRANCIS EPPES1

Philadelphia, Jan. 14, 1783.

Dear Sir,

—You will hardly expect to receive a letter from me at this place, and of so late a date. Yet I have apprehensions of being here ten days or a fortnight longer, for though ready myself, some time since, the vessel in which I go is not ready. Yesterday’s post brought no mail from Virginia. I was not disappointed in this, as I was pretty certain that under expectation of my being gone you did not write. I had entertained some hope of meeting a letter from you on my first arrival here, but suppose the same idea of its not coming in time prevented it, so that at present I have no hope of hearing again, while on this side of the water, from yourself and family and those dear little ones I left with you. We have heard nothing since my last from which the length of my absence may be conjectured. The last authentic advices were of the 14th of October, but the affair of Gibraltar happened just then, and the negotiation was in such a state that what had passed between the negotiators was at that time under submission to the British court for their approbation or disavowal. How far this would be influenced by their good fortune at Gibraltar is the question which the next advices must certainly solve. Since I came here there has been sold the Westover copy of Catesby’s History of Carolina. It was held near a twelvemonth at twelve guineas, and at last sold for ten. This seems to fix what should be given for Mr. Bollings’s copy, if you can induce him to let me have it, which I am very anxious for. Perhaps it would be a temptation to offer that the ten guineas should be paid to Mr. Ross’s agent at Nantes, where he could lay them out and send the articles to Mr. Bolling. His draft shall be paid on sight in Paris. Perhaps you had better effect this by making the proposition to Mrs. Bolling. Of this your knowledge of the family will enable you to judge. Be so good as to present me most affectionately to Mrs. Eppes, Mr. and Mrs. Skipwith, and the two families, and believe me to be, with very great sincerity, dear sir, Your friend and servant.

TO GENERAL WASHINGTON

j. mss.

Philade. Jan. 22, 1783.

Sir,

—Having lately recd. a call from Congress to pass the Atlantic in the character of one of their ministers for negotiating peace, I cannot leave the continent without separating myself for a moment from the general gratitude of my country to offer my individual tribute to your Excy for all you have suffered & all you have effected for us. Were I to indulge myself in those warm effusions which this subject forever prompts, they would wear an appearance of adulation very foreign to my nature; for such is become the prostitution of language that sincerity has no longer distinct terms in which to express her own truths. Should you give me occasion, during the short mission on which I go, to render you any service beyond the water, I shall for a proof of my gratitude appeal from language to the zeal with which I shall embrace it. The negotiations to which I am joined may perhaps be protracted beyond our present expectation, in which case, tho’ I know you must receive much better intelligence from the gentlemen whose residence there has brought them into a more intimate acquaintance with the characters & views of the European courts, yet I shall certainly presume to add my mite, should it only serve to convince you of the warmth of those sentiments of respect & esteem with which I have the honor to be your Excy’s mo ob & mo hble servt.

TO JAMES MADISON1

m. mss.

Baltimore, Jan. 31, 1783.

Dear Sir,

—A gentleman returning from this place to Philadelphia gives me an opportunity of sending you a line. We reached Newport the evening of the day on which we left you. There we were misled by an assurance that a lower ferry could not be crossed. We therefore directed our course for the Bald friar’s: & thence to another ferry 6 miles above. Between these two we lost two days, in the most execrable situation in point of accommodation & society which can be conceived. In short braving all weather & plunging thro’ thick and thin we arrived here last night being the fifth from Philadelphia.—I saw Monsr. de Ville-Brun last night & augur him to be agreeable enough. I learnt (not from him but others) that to embark their sick &c. will keep us three days.—Having nothing particular to communicate I will give you an anecdote which possibly you may not have heard and which is related to me by Major F [ranks]1 who had it from Doctor Franklin himself. I use the only cypher I can now get at, using the marginal numbers in order & not as concerted. Mr. Z2while at Paris had often pressed the Dr. to communicate to him his several negotiations with the Ct. of France, wch. the Dr. avoided as decently as he could. At length he received from Mr. Z a very intemperate letter. He folded it up and put it into a pigeon hole. A 2d 3d & so on to a fifth or sixth he recd. & disposed of in the same way. Finding no answer could be obtained by letter, Mr. Z paid him a personal visit & gave a loose to all the warmth of which he is susceptible. The Dr. replied, I can no more answer this conversation than the several impatient letters you have written me, (taking them down from the pigeon hole,) call on me when you are cool & good humored & I will justify myself to you. They never saw each other afterwards. As I find no A in the book erase the B in the first A B, so that 1.1 may denote A instead of A B.

I met here the enclosed paper which be so good as to return with my compliments to Miss Kitty. I apprehend she had not got a copy of it, and I retain it in my memory. Be pleased to present me very affectionately to the ladies & gentlemen whose pleasing society I lately had at Mrs. House’s, and believe me, your assured friend.

TO JAMES MADISON1

m. mss.

Baltimore, 7 February, 1783.

Dear Sir,

—I write by this post to the Minister of foreign affairs, but will repeat to you the facts mentioned to him & some others improper for a public letter, & some reflections on them which can only be hazarded to the ear of friendship. The cold weather having set in the evening of the 30th ult. (being the same in which I arrived here) the Chevalr. de Villebrun was obliged to fall down with his ship & the Guadeloupe to about twelve miles below this; & the ice has since cut off all correspondence with him till yesterday, when I got a boat and attempted a passage, there having passed a small boat before us, we got about half way with tolerable ease, but the influx of the tide then happening the ice closed on us on every side & became impenetrable to our little vessel, so that we could get neither backwards nor forwards. We were finally relieved from this situation by a sloop which forced it’s way down & put us on board the Romulus, where we were obliged to remain all night. The Chevalr. de Ville-brun communicated to me several letters of intelligence which deserves weight; by which we are informed that the enemy, having no other employment at New York, have made our little fleet their sole object for some time, and have now cruizing for us nothing less than

1 ship of 64 guns.

4 50

2 40

18/25 frigates from 24 to 30 guns, a most amazing force for such an object. The merchants who intended to have sent their vessels out with us, have so far declined it, that two vessels only go with us, but they are unfortunately the greatest sluggards in the world. The Minister has given Ville-brun leave to remain if he thinks it expedient till the m. of M-ch, but politely and kindly offered the Guadeloupe for my passage if I chose to run the risk. I find that having laid ten months under water she got perfectly sobbed, insomuch that she sweats almost continually on the inside, in consequence of which her commander and several of the crew are now laid up with rheumatisms. But this I should have disregarded had it not appeared that it was giving to the enemy the ship & crew of a friend, & delaying myself in fact by endeavoring at too much haste. I therefore have not made use of the liberty given me by the minister. Ville-brun seems certain he shall not sail on the first of March, and I confess to you I see no reason to suppose that when that time arrives the same causes will not place our departure as distant as it now seems. What then is to be done? I will mention the several propositions which occur with some reflections on each.

1. To go to Boston & embark thence. Would to God I had done this at first. I might now have been half-way across the ocean. But it seems very late to undertake a journey of such length, thro’ such roads & such weather: & when I should get there some delay would still necessarily intervene,—yet I am ready to undertake it if this shall be thought best.

2. To stay here with patience till our enemies shall think proper to clear our coast. There is no certain termination to this object. It may not be till the end of the war.

3. To fall down to York or Hampton & there wait those favorable circumstances of winds & storms which the winter season sometimes presents. This would be speedier than the 2d but perhaps it may not be approved of by the commander for reasons which may be good tho’ unknown to me. Should this however be adopted we ought to be furnished by the Marine department with, or authorised to employ one or more swift sailing boats to go out of the capes occasionally & bring us intelligence to York or Hampton wherever we should be.

4. To ask a flag for me from the enemy & charter a vessel here. This would be both quickest & most certain, but perhaps it may be thought injurious to the dignity of the states, or perhaps be thought such a favour as Congress might not chuse to expose themselves to the refusal of. With respect to the last, nothing can be said: as to the first, I suppose were history sought, many precedents might be found where one of the belligerent powers has received from the other, passports for their Plenipotentiaries; & I suppose that Fitzgerald & Oswald got to Paris now under protection of a flag & passport. However these are tender points & I would not wish the sensibility of Congress to be tried on my account, if it would be probably disagreeable.

5. To await a truce. This cannot take place till after preliminaries are signed, if then: & tho’ these are not definitive, yet it must be evident that new instructions & new or perhaps inconsistent matter would be introduced with difficulty & discredit.

There is an idle report here of peace being actually concluded. This comes by the way of the W. Indies, and must probably be founded on the settlement of preliminaries, if it has any foundation at all.

Should you think that the interference of Congress might expedite my departure in any of the above ways or any other I have suggested these hasty reflections in hopes that you would do in it whatever you think right. I shall acquiesce in anything, & if nothing further comes to me I shall endeavor to push the third proposition with the Commander, & if I fail in that shall pursue the 2d. I wish to hear from you as often as you have anything new. I fear I shall be here long enough to receive many letters from you. My situation is not an agreeable one, and the less so as I contrast it with the more pleasing one I left so unnecessarily. Be so good as to present my esteem to the good ladies & gentlemen of your fireside & to accept yourself the warmest assurances of friendship from Dr Sir, Your friend & servt.

Feb. 8. The preceding was written the last night. Before I close my letter I will ask the favor of you to write me by the return of post and to let me have your own sentiments (whether anything be, or be not determined authoritatively) which will have great weight with me. I confess that after another night’s reflection the 4th is the plan which appears to me best on the whole, and that the demand from New York is nothing more than what is made at the close of almost every war, where the one or the other power must have a passport: it is no more than asking a flag to New York. Should this however be disapproved, the 3d seems the only remaining plan which promises any degree of expedition. Perhaps the minister may have a repugnance to venture the Romulus at York or Hampton, in which case if I could receive his approbation I should be willing to fall down there with the Guadeloupe alone & be in readiness to avail ourselves of a northwesterly snow storm or other favorable circumstance.

TO THE FRENCH MINISTER. (CHEVALIER DE LA LUZERNE.)

j. mss.

Baltimore, Feb. 7, 1783.

Sir,

—The Chevalier de Ville-Brun was so kind as to communicate to me yesterday your Excy’s lre to him of Jan., together with the intelligence therein referred to. I feel myself bound to return you my thanks for your orders to the Guadeloupe frigate to receive me if I should think a passage should be hazarded under present circumstances. According to this information (which is the most worthy of credit of any we have received here) it would seem that our capture would be unavoidable were we to go out now. This therefore is a risk to which I cannot think of exposing his majesty’s vessel & subjects, however I might be disposed to encounter personal hazards from my anxiety to execute with all the promptitude in my power a service which has been assigned to me. I shall therefore wait with patience the arrival of the moment when the Chevalr. de Ville-brun shall be of opinion that the one or the other of the vessels may venture out without any greater risk than he shall think proportioned to her proper object independantly of mine. It has been suggested to me this evening that perhaps their safe departure might be greatly forwarded by their falling down to York or Hampton, there to be ready at a moment’s warning to avail themselves of those favorable circumstances which the present season sometimes offers. But of this yourself will be the proper judge. I cannot close my lre without expressing to you my obligations to the Chevalr. de Ville-brun for the particular attention he has shown to my accommodation on board his ship. The apartments he has had constructed for me are ample & commodious & his politeness & merit as an officer are an agreeable presage of everything that shall depend on him. I have delivered to him the two large packets you were pleased to put into my hands, & he will dispose of them accordg. to your orders.

I have the honr to be with the highest sentiments of esteem yr Excy’s mo obedt & mo hble servt.

TO THE SECRETARY FOR FOREIGN AFFAIRS. (ROBERT R. LIVINGSTON)

j. mss.

Baltimore, Feb. 7, 1783.

Sir,

—I arrived here on the 30th of the last month, & had a short interview the same evening with the Chevalr. de Ville-Brun, commander of the Romulus. There appeared at that time little apprehension but that we might sail in a few days; but we were not very particular in our conference as we expected so soon to see each other again. The severity of the cold however which commenced that night obliged the Chevalr. de Ville-brun to fall 12 miles below this place & excluded all correspondence with him, till yesterday, when I found means to get through the ice on board his ship. He then communicated to me by direction of his Excy the minister of France intelligence as to the number & force of the cruisers now actually watching the capes of the Chesapeake. I must acknolege that these appear such as to render a capture certain were we to hazard it. The minister was pleased at the same time to submit the Guadeloupe to my wishes if I chose to adventure. I take the liberty of troubling you with a copy of my letter to him on that subject. I should certainly be disposed to run very considerable risks myself to effect my passage; but I should think it an unfortunate introduction to an ally who has already done so much for us, were I to add to his losses & disbursements that of a valuable ship & crew. I wish that the present delay offered some period less distant than the lassitude of an avaricious enemy to watch for prey. Perhaps you may be able to put me in some more expeditious mode of passage than the one under which I am acquiescing at present. I shall be much pleased to adopt any such which may come recommended from you without regard to personal risk or trouble. In the meantime any intelligence which you can collect & will be pleased to give me as to the state of our coast will be of utility in determining whether & when we shall depart hence.1

TO THE SECRETARY OF FOREIGN AFFAIRS (ROBERT R. LIVINGSTON)

j. mss.

Baltimore Feb 14, 1783.

Sir,

—I apprised you in my former letter of the causes which had so long delayed my departure. These still continue. I have this moment received a printed copy of his Brit. Majty’s speech to his Parliamt. by which we learn that preliminaries between America & Gr Br, among which is one for the acknowlegment of our independency, have been provisionally agreed to on his part. That the negotiations with the other powers at war were considerably advanced & that he hoped in a very short time they would end in terms of pacification. As considerable progress has been made in the negotiations for peace since the appointment with which Congress were pleased to honour me, it may have become doubtful whether any communications I could make, or any assistance I could yield to the very able gentleman in whose hands the business already is, would compensate the expense of prosecuting my voyage to Europe. I therefore beg leave through you Sir to assure Congress that I desire this question to be as open to them now as it was on the day of my appointment, and that I have not a wish of my own either to go or to stay. They will be pleased to weigh the economy of the one measure against the chance which the other may offer of my arriving in such time as that any communications which have been confided to me may produce effect on definitive articles. I shall continue here for the prosecution of my voyage under the orders before received, or for it’s discontinuance should that be more eligible to Congress and be signified at any moment for my departure.1

TO JAMES MADISON2

mad.mss.

Baltimore, Feb. 14. 1783

Dear Sir,

—Yours of the 11th came to hand last night. From what you mention in your letter I suppose the newspapers must be wrong when they say that Mr. Adams had taken up his abode with Dr. F—. I am nearly at a loss to judge how he will act in the nego-n. He has F—, he has Jay, he has the French, he has the English, to whom will he adhere? His vanity is a lineament in his character which had entirely escaped me. His want of taste I had observed. Notwithstanding all this he has a sound head on substantial points, and I think he has integrity. I am glad therefore that he is of the commission & expect he will be useful in it. His dislike of all parties, and all men, by balancing his prejudices, may give them some fair play to his reason as would a general benevolence of temper. At any rate honesty may be extracted even from poisonous weeds.

My stay here has given me opportunities of making some experiments on my amanuensis F—s perhaps better than I may have in France. He appears to have a good eno’ heart, and understanding somewhat better than common, but too little guard over his lips. I have marked him particularly in the company of women where he loses all power over himself, and becomes almost [lacking] his temperature would not be proof against their allurements, were such to be employed as engines against him. This is in some measure the vice of his age, but it seems to be increased also by his peculiar constitution.

I wrote to the Chevalier de Ville-Brun proposing his falling down to York or Hampton which was one of the measures I suggested in my letter to you, & was the most eligible except that of the flag, in my own opinion. His answer dated Feb 12. is in these words ‘Je serois bien de l’avis proposé a votre Excellence d’aller mouiller a York ou Hampton pour etre a portee de profiter des premiers vents de Nord Ouest qui me mettroient loin de la côte dans la nuit, surtout si je n’avois pas de convoy a conserver, mais des batiments entrés aujourd’hui raportent avoir été chassés par quatre fregates pis que sur la Cap Charles et avoir vu au mouillage de Linhaven un vaisseau et un fregate qui ont appareillés et pris un Brig qui navigoit avec eux. De plus York et Hampton n’ont aps un canon monté, si l’ennemi tres superieur, entreprenoit de venir nous y forcer, il y auroit peu de sureté.

Peutetre conviendroit-il autant d’attendre, comme le propose M. de la Luzerne, jusqu’au mois prochain, des nouvelles de’ Europe, ou l’arrivée d’une division des Antilles promise par M. de Vaudreuil, ou bien encore que l’ ennemi fatigué ne fut obligé de rentrer a New York.’ The last is 681.25, and furnishes matter for doubt how far the departure of the Romulus is a decided measure. It seems not 540. ing 895. tion so for a purpose wherein time is the most pressing circumstance. The idea of getting in her is to be abandoned, to go to Boston would be the most œconomical plan. But it would be five weeks from my leaving this place before I could expect to sail from thence. Of course I may from here be in France by the time I should be sailing from Boston.

Five weeks in a crisis of negotiation may be much. Should I accept of the Guadaloupe, and she should be lost, it would under present circumstance draw censure. Moreover in this or the former case, besides losing the vessel, what will be my situation? that of a prisoner certainly, from what has been done in Lauren’s case they would not release me; in expectation of a high exchange; or if they did, it would only be on parole, in which case I could neither act nor communicate. This plan would have in it’s favour œconomy and a possibility (a bare one) of despatch. That of the flag still appears best. It is favoured by the circumstances of despatch, safety, & the preservation of our papers. But when I think of the expence I feel myself annihilated in comparison with it. A vessel may be got here, but I question if for less than 11.819. 36 or 843.10. 819.36 pounds. Besides can a passport be obtained from New York without naming the vessel, the crew, &c. If not it would take long to furnish these circumstances from hence. The Delaware would be more eligible in that case. Otherwise this place is. If this should be adopted, what would be the extent of the protection of the flag to the papers I should carry? These, so far as this question would affect them, would be of three descriptions. 1. My own commission, instructions, & other documents relative to my mission. 2. Public letters to the consuls, ministers & others on other business. 3. Private letters. I have no means of satisfying myself on these points here. If therefore this measure should be adopted I should thank you for your opinion on them, as you can, where you are doubtful, make enquiry of others. I am exceedingly fatigued with this place, as indeed I should with any other where I had neither occupation nor amusement. I am very particularly indebted here to the politeness & hospitality of Gen’l La Vallette who obliges me to take refuge in his quarters from the tedium of my own, the latter half of every day. You are indebted to him too as I should make my long letters much longer & plague you with more cypher were I confined at home all day. I beg you to be assured of my warmest wishes for your happiness.

Feb. 15, 9 o’clock p.m. After sealing up this letter, I received yours of yesterday inclosing the king’s speech, for which I thank you much. The essential information conveyed to us by that is that the preliminary for our independance (which we before knew to have been agreed between the plenipos) has been provisionally ratified by him. I have thought it my duty to write the enclosed letter which after reading you will be so good as to stick a wafer in & deliver. I wish no supposed inclination of mine to stand in the way of a free change of measure, if Congress should think the public interest required it. The argument of œconomy is much strengthened by the impossibility (now certain) of going but in an express vessel. The principal matters confided to me were 1. The new instruction; which perhaps may have been sent by Count Rochambeau, or may yet be sent. 2. The details of the financier’s department which Mr. Morris not chusing to trust to paper had communicated verbally. These in the event of peace or truce may safely go in paper. 3. The topics which support our right to the fisheries, to the western country, & the navigation of the Mississippi. The first of these is probably settled. The two latter should only come into discussion in the Spanish negociation, and therefore would only have been the subject of private conversation with Mr. Jay, whose good sense & knowledge of the subject will hardly need any suggestions.

I forgot to mention to you in my letter that Mr. Nash arrived here the day before yesterday on his way to N. Carolina, and that Mr. Brunt is not yet arrived, but is weekly expected. I am yours affectionately.

TO FRANCIS EPPES1

Philadelphia, March 4, 1783.

Dear Sir,

—In my last, from Baltimore, I informed you that my voyage to Europe was at least suspended till further intelligence should be received. I returned to this place about four or five days ago, that I might be on the spot to act as shall be ultimately concluded by Congress. Though nothing since has come to us, we consider the event of peace as certain and speedy. The hearing nothing is a proof of this. The French minister, the British at New York, and Congress, are equally uninformed. This would not have been the case had the conferences for peace broken off, as has been pretended, or had they become languid. The packets and dispatch vessels are detained, doubtless, on a daily expectation of sending something more definite than the signing of preliminaries. Capt. Barney is lying at L’Orient with the Washington, a dispatch vessel of Congress, ready to bring the advices from our plenipotentiaries. From these circumstances, you will judge that I expect every hour to receive permission to return home. I shall be here but a very few days after this shall be received, and expect to be myself the bearer of the first intelligence to you. There is nothing new here. I hope by the next post to receive a letter from you, though after near three months absence without having ever heard a word of my dear little ones, I shall receive your letter with fear and trembling, lest any accident should have happened. This dread, I hope, will be removed. Patsy is well. I hope Mrs. Eppes has recovered better health. If my prayers would be a medicine, she should have them with more fervor than they were ever offered for myself. Present my love to her and the little ones, and whenever you have an opportunity, be so good as to let Mr. and Mrs. Skipwith know that I remember them with affection. I am, dear sir, Your sincere friend.

TO THE SECRETARY FOR FOREIGN AFFAIRS (ROBERT R. LIVINGSTON)

j. mss.

Pha Mar 13, 1783.

Sir,

—Supposing the despatches received by the Washington may have enabled Congress to decide on the expediency of continuing or of countermanding my mission to Europe I take the liberty of expressing to you the satisfaction it will give me to receive their ultimate will so soon as other business will permit them to revert to this subject. I have &c.1

TO JOHN JAY

j. mss.

Philadelphia, Apr. 11, 1783.

Dr. Sir,

—In a lre wch I did myself the honr of writg you by the Chevalr de Chattellux I informed you of my being at this place with the intention of joining you in Paris. But the uncommon vigilance of the enemy’s cruisers immediately after the departure of the Fr fleet deterrd every vessel from attemptg to go out. The arrival of the preliminaries soon after shewed the impropriety of my proceeding, and I am just now setting out on my return to Virga. I cannot however take my departure without paying to yourself & your worthy colleagues my homage for the good work you have completed for us, and congratulating you on the singular happiness of having borne so distinguished a part both in the earliest & latest transactions of this revolution. The terms obtained for us are indeed great, and are so deemed by your country, a few ill-designing debtors excepted. I am in hopes you will continue at some one of the European courts most agreeable to yourself that we may still have the benefit of your talents. I took the liberty in my letter of suggesting a wish that you would be so kind as to engage lodgings for me. Should you have given yourself this trouble I beg leave to return you my thanks and to ask the favor of you to communicate the amount of their hire to Mr. Rob Morris of this city who will immediately remit it to you as I lodge money in his hands for this purpose. Accept my warmest wishes for your happiness and be assured of the sincerity with which I have the honor to be Dr Sir your mo ob & mo hble servt.

P. S. I beg to be affly remembd to Dr. F. & Mr. A., if they be still with you.

TO JAMES MADISON1

j. mss.

Tuckahoe, May 7, 1783.

I received your favor of Apr. 22 and am not a little concerned at the alteration which took place in the Report on the impost &c. after I left you. The article which bound the whole together was I fear essential to get the whole passed; as that which proposed the conversion of state into federal debts was one palatable ingredient at least in the pill we were to swallow. This proposition being then hopeful, I never consulted you whether the paiment of our Western expenditures, annexed as a condition to our passing the articles recommended, would not be acceded to by Congress; more especially when one of those articles is the cession of that very territory for the acquisition & defense of which these expenditures have been incurred. If I recollect rightly Congress offered this in their first proposition for a cession. I beg your sentiments however on this subject by return of the first post. Notwithstanding the unpromising form of these articles I have waited a fortnight in the neighborhood of Richmond that I might see some of the members. I passed yesterday in associating & conversing with as many of them as I could. The attorney has cooperated in this work. This is the view I form at present of the leaders. Dr. [Arthur] Lee, R. H. Lee, Mr. Page, Taylor, will be against them. So will Thruston & White if elected, and even an A. Compbell is thought worthy of being named with these as having some influence in the S. Western quarter. In their favour will be Tyler, Tazewell, Genl Nelson, W. Nelson, Nicholas & a Mr. [Archibald] Stewart a young man of good talents from the Westward. Henry as usual is involved in mystery: should the popular tide run strongly in either direction, he will fall in with it. Should it not, he will have a struggle between his enmity to the Lees, & his enmity to everything which may give influence to Congress. T. [homson] Mason is a meteor whose path cannot be calculated. All the powers of his mind seem at present to be concentrated in one single object, the producing a convention to new model the [State] Constitution. This is a subject much agitated, and seems the only one they will have to amuse themselves with till they shall receive your propositions. These should be hastened; as I think the session will be short. I have seen Mr. Wythe. He has none of his amendments or notes on the Confederation,

Mr. Short has desired me to suggest his name as that of a person willing to become a legatine secretary should these offices be continued. I have apprised him of the possibility that they may not. You know my high opinion of his abilities & merits; I will therefore only add that a peculiar talent for prying into facts seems to mark his character as proper for such a business. He is young, & little experienced in business, tho well prepared for it. These defects will lessen daily. Should persons be proposed less proper on the whole, you would on motives of public good, knowing his willingness to serve, give him a nomination & do justice to his character.

I rejoice at the information that 1832. 164.928.36.323.1& yourself concur in sentiments. I rejoice as it will render you happier and give to me a neighbor on whom I shall set high value. You will be continued in your delegation till the end of three years from the completion of the Confederation. You will therefore model your measures accordingly. You say nothing of the time when you shall pay your visit to Virginia. I hope you will let me know of your arrival as soon as it happens. Should the call be made on me, which was sometimes the subject of our conversation, and be so timed with your visit as that you may be the bearer of it, I shall with great pleasure accommodate my movements to yours so as to accompany you on your return to Philadelphia.

I set out this morning for Monticello. My affectionate compliments to the ladies and gentlemen of the house, and sincere friendship to yourself. Adieu.

TO JAMES MADISON

mad. mss.

Monticello, 1 June, 1783.

Dear Sir;

—The receipt of your letter of May 6 remains unacknoleged. I am also told that Colo. Monroe has letters for me to post, tho’ I have not yet received them. I hear but little from our assembly. Mr. Henry has declared in favour of the impost. This will ensure it. How he is as to the other questions of importance, I do not learn.

On opening my papers when I came home I found among them the enclosed cyphers which I had received from either Mr. Morris’s or Mr. Livingston’s office. Will you be so good as to return them for me? The confusion into which my papers had got going to & from Baltimore & left there for some time will I hope apologize for my having overlooked them when I returned the other papers. I send you inclosed the debates in Congress on the subjects of Independance, voting in Congress, & the Quotas of money to be required from the states. I found on looking that I had taken no others save only in one trifling case. As you were desirous of having a copy of the original of the declaration of Independance I have inserted it at full length distinguishing the alterations it underwent. * *

PROPOSED CONSTITUTION FOR VIRGINIA1

[June, 1783.]

To the citizens of the commonwealth of Virginia, and all others whom it may concern, the delegates for the said commonwealth in Convention assembled, send greeting:

It is known to you and to the world, that the government of Great Britain, with which the American States were not long since connected, assumed over them an authority unwarrantable and oppressive; that they endeavored to enforce this authority by arms, and that the States of New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, considering resistance, with all its train of horrors, as a lesser evil than abject submission, closed in the appeal to arms. It hath pleased the Sovereign Disposer of all human events to give to this appeal an issue favorable to the rights of the States; to enable them to reject forever all dependence on a government which had shown itself so capable of abusing the trusts reposed in it; and to obtain from that government a solemn and explicit acknowledgment that they are free, sovereign, and independent States. During the progress of that war, through which we had to labor for the establishment of our rights, the legislature of the commonwealth of Virginia found it necessary to make a temporary organization of government for preventing anarchy, and pointing our efforts to the two important objects of war against our invaders and peace and happiness among ourselves. But this, like all other acts of legislation, being subject to change by subsequent legislatures, possessing equal powers with themselves; it has been thought expedient, that it should receive those amendments which time and trial have suggested, and be rendered permanent by a power superior to that of the ordinary legislature. The general assembly therefore of this State recommended it to the good people thereof, to choose delegates to meet in general convention, with powers to form a constitution of government for them, and to declare those fundamentals to which all our laws present and future shall be subordinate; and, in compliance with this recommendation, they have thought proper to make choice of us, and to vest us with powers for this purpose.

We, therefore, the delegates, chosen by the said good people of this State for the purpose aforesaid, and now assembled in general convention, do, in execution of the authority with which we are invested, establish the following constitution and fundamentals of government for the said State of Virginia:

The said State shall forever hereafter be governed as a commonwealth.

The powers of government shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy; to wit, those which are legislative to one, those which are judiciary to another, and those which are executive to another. No person, or collection of persons, being of one of these departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly permitted.

The legislature shall consist of two branches, the one to be called the House of Delegates, the other the Senate, and both together the General Assembly. The concurrence of both of these, expressed on three several readings, shall be necessary to the passage of a law.

Delegates for the general assembly shall be chosen on the last Monday of November in every year. But if an election cannot be concluded on that day, it may be adjourned from day to day till it can be concluded.

The number of delegates which each county may send shall be in proportion to the number of its qualified electors; and the whole number of delegates for the State shall be so proportioned to the whole number of qualified electors in it, that they shall never exceed three hundred, nor be fewer than one hundred. Whenever such excess or deficiency shall take place, the House of Delegates so deficient or excessive shall, notwithstanding this, continue in being during its legal term; but they shall, during that term, re-adjust the proportion, so as to bring their number within the limits before mentioned at the ensuing election. If any county be reduced in its qualified electors below the number authorized to send one delegate, let it be annexed to some adjoining county.

For the election of senators, let the several counties be allotted by the senate, from time to time, into such and so many districts as they shall find best; and let each county at the time of electing its delegates, choose senatorial electors, qualified as themselves are, and four in number for each delegate their county is entitled to send, who shall convene, and conduct themselves, in such manner as the legislature shall direct, with the senatorial electors from the other counties of their district, and then choose, by ballot, one senator for every six delegates which their district is entitled to choose. Let the senatorial districts be divided into two classes, and let the members elected for one of them be dissolved at the first ensuing general election of delegates, the other at the next, and so on alternately forever.

All free male citizens, of full age, and sane mind, who for one year before shall have been resident in the county, or shall through the whole of that time have possessed therein real property of the value of —; or shall for the same time have been enrolled in the militia, and no others, shall have a right to vote for delegates for the said county, and for senatorial electors for the district. They shall give their votes personally, and viva voce.

The general assembly shall meet at the place to which the last adjournment was, on the forty-second day after the day of election of delegates, and thenceforward at any other time or place on their own adjournment, till their office expires, which shall be on the day preceding that appointed for the meeting of the next general assembly. But if they shall at any time adjourn for more than one year, it shall be as if they had adjourned for one year precisely. Neither house, without the concurrence of the other, shall adjourn for more than one week, nor to any other place than the one at which they are sitting. The governor shall also have power, with the advice of the council of State, to call them at any other time to the same place, or to a different one, if that shall have become, since the last adjournment, dangerous from an enemy, or from infection.

A majority of either house shall be a quorum, and shall be requisite for doing business; but any smaller proportion which from time to time shall be thought expedient by the respective houses, shall be sufficient to call for, and to punish, their non-attending members, and to adjourn themselves for any time not exceeding one week.

The members, during their attendance on the general assembly, and for so long a time before and after as shall be necessary for travelling to and from the same, shall be privileged from all personal restraint and assault, and shall have no other privilege whatsoever. They shall receive, during the same time, daily wages in gold or silver, equal to the value of two bushels of wheat. This value shall be deemed one dollar by the bushel till the year 1790, in which and in every tenth year thereafter, the general court, at their first sessions in the year, shall cause a special jury, of the most respectable merchants and farmers to be summoned, to declare what shall have been the averaged value of wheat during the last ten years; which averaged value shall be the measure of wages for the ten subsequent years.

Of this general assembly, the treasurer, attorney general, register, ministers of the gospel, officers of the regular armies of this State, or of the United States, persons receiving salaries or emoluments from any foreign power to our confederacy, those who are not resident in the county for which they are chosen delegates, or districts for which they are chosen senators, those who are not qualified as electors, persons who shall have committed treason, felony, or such other crime as would subject them to infamous punishment, or who shall have been convicted by due course of law of bribery or corruption, in endeavoring to procure an election to the said assembly, shall be incapable of being members. All others, not herein elsewhere excluded, who may elect, shall be capable of being elected thereto.

Any member of the said assembly accepting any office of profit under this State, or the United States, or any of them, shall thereby vacate his seat, but shall be capable of being re-elected.

Vacancies occasioned by such disqualifications, by death, or otherwise, shall be supplied by the electors, on a writ from the speaker of the respective house.

The general assembly shall not have power to infringe this constitution; to abridge the civil rights of any person on account of his religious belief; to restrain him from professing and supporting that belief, or to compel him to contributions, other than those he shall have personally stipulated for the support of that or any other; to ordain death for any crime but treason or murder, or military offences; to pardon, or give a power of pardoning, persons duly convicted of treason or felony, but instead thereof they may substitute one or two new trials, and no more; to pass laws for punishing actions done before the existence of such laws; to pass any bill of attainder of treason or felony; to prescribe torture in any case whatever; nor to permit the introduction of any more slaves to reside in this state, or the continuance of slavery beyond the generation which shall be living on the thirty-first day of December, one thousand eight hundred; all persons born after that day being hereby declared free.

The general assembly shall have power to sever from this State all or any parts of its territory westward of the Ohio, or of the meridian of the mouth of the Great Kanhaway, and to cede to Congress one hundred square miles of territory in any other part of this State, so long as Congress shall hold their sessions therein, or in any territory adjacent thereto, which may be tendered to them by any other State.

They shall have power to appoint the speakers of their respective houses, treasurer, auditors, attorney general, register, all general officers of the military, their own clerks and serjeants, and no other officers, except where, in other parts of this constitution, such appointment is expressly given them.

The executive powers shall be exercised by a Governor, who shall be chosen by joint ballot of both houses of assembly, and when chosen shall remain in office five years, and be ineligible a second time. During his term he shall hold no other office or emolument under this State, or any other State or power whatsoever. By executive powers, we mean no reference to those powers exercised under our former government by the crown as of its prerogative, nor that these shall be the standard of what may or may not be deemed the rightful powers of the governor. We give them those powers only, which are necessary to execute the laws (and administer the government), and which are not in their nature either legislative or judiciary. The application of this idea must be left to reason. We do however expressly deny him the prerogative powers of erecting courts, offices, boroughs, corporations, fairs, markets, ports, beacons, light-houses, and sea-marks; of laying embargoes, of establishing precedence, of retaining within the State, or recalling to it any citizen thereof, and of making denizens, except so far as he may be authorized from time to time by the legislature to exercise any of those powers. The power of declaring war and concluding peace, of contracting alliances, of issuing letters of marque and reprisal, of raising and introducing armed forces, of building armed vessels, forts, or strongholds, of coining money or regulating its value, of regulating weights and measures, we leave to be exercised under the authority of the confederation; but in all cases respecting them which are out of the said confederation, they shall be exercised by the governor, under the regulation of such laws as the legislature may think it expedient to pass.

The whole military of the State, whether regular, or of militia, shall be subject to his directions; but he shall leave the execution of those directions to the general officers appointed by the legislature.

His salary shall be fixed by the legislature at the session of the assembly in which he shall be appointed, and before such appointment be made; or if it be not then fixed, it shall be the same which his next predecessor in office was entitled to. In either case he may demand it quarterly out of any money which shall be in the public treasury; and it shall not be in the power of the legislature to give him less or more, either during his continuance in office, or after he shall have gone out of it. The lands, houses, and other things appropriated to the use of the governor, shall remain to his use during his continuance in office.

A Council of State shall be chosen by joint ballot of both houses of assembly, who shall hold their offices seven years, and be ineligible a second time, and who, while they shall be of the said council, shall hold no other office or emolument under this State, or any other state or power whatsoever. Their duty shall be to attend and advise the governor when called on by him, and their advice in any case shall be a sanction to him. They shall also have power, and it shall be their duty, to meet at their own will, and to give their advice, though not required by the governor, in cases where they shall think the public good calls for it. Their advice and proceedings shall be entered in books to be kept for that purpose, and shall be signed as approved or disapproved by the members present. These books shall be laid before either house of assembly when called for by them. The said council shall consist of eight members for the present; but their numbers may be increased or reduced by the legislature, whenever they shall think it necessary; provided such reduction be made only as the appointments become vacant by death, resignation, disqualification, or regular deprivation. A majority of their actual number, and not fewer, shall be a quorum. They shall be allowed for the present — each by the year, payable quarterly out of any money which shall be in the public treasury. Their salary, however, may be increased or abated from time to time at the discretion of the legislature; provided such increase or abatement shall not, by any ways or means, be made to affect either then, or at any future time, anyone of those then actually in office. At the end of each quarter their salary shall be divided into equal portions by the number of days on which, during that quarter, a council has been held, or required by the governor, or by their own adjournment, and one of those portions shall be withheld from each member for every of the said days which, without cause allowed good by the board, he failed to attend, or departed before adjournment without their leave. If no board should have been held during that quarter, there shall be no deduction.

They shall annually choose a President, who shall preside in council in the absence of the governor, and who, in case of his office becoming vacant by death or otherwise, shall have authority to exercise all his functions, till a new appointment be made, as he shall also in any interval during which the governor shall declare himself unable to attend to the duties of his office.

The Judiciary powers shall be exercised by county courts and such other inferior courts as the legislature shall think proper to continue or to erect, by three superior courts, to wit, a Court of Admiralty, a general Court of Common Law, and a High Court of Chancery; and by one Supreme Court, to be called the Court of Appeals.

The judges of the high court of chancery, general court, and court of admiralty, shall be four in number each, to be appointed by joint ballot of both houses of assembly, and to hold their offices during good behavior. While they continue judges, they shall hold no other office or emolument, under this State, or any other State or power whatsoever, except that they may be delegated to Congress, receiving no additional allowance.

These judges, assembled together, shall constitute the Court of Appeals, whose business shall be to receive and determine appeals from the three superior courts, but to receive no original causes, except in the cases expressly permitted herein.

A majority of the members of either of these courts, and not fewer, shall be a quorum. But in the Court of Appeals nine members shall be necessary to do business. Any smaller numbers however may be authorized by the legislature to adjourn their respective courts.

They shall be allowed for the present — each by the year, payable quarterly out of any money which shall be in the public treasury. Their salaries, however, may be increased or abated, from time to time, at the discretion of the legislature, provided such increase or abatement shall not by any ways or means, be made to effect, either then, or at any future time, any one of those then actually in office. At the end of each quarter their salary shall be divided into equal portions by the number of days on which, during that quarter, their respective courts sat or should have sat, and one of these portions shall be withheld from each member for every of the said days which, without cause allowed good by his court, he failed to attend, or departed before adjournment without their leave. If no court should have been held during the quarter, there shall be no deduction.

There shall, moreover, be a Court of Impeachments, to consist of three members of the Council of State, one of each of the superior courts of Chancery, Common Law, and Admiralty, two members of the house of delegates and one of the Senate, to be chosen by the body respectively of which they are. Before this court any member of the three branches of government, that is to say, the governor, any member of the council, of the two houses of legislature, or of the superior courts, may be impeached by the governor, the council, or either of the said houses or courts, and by no other, for such misbehavior in office as would be sufficient to remove him therefrom; and the only sentence they shall have authority to pass shall be that of deprivation and future incapacity of office. Seven members shall be requisite to make a court, and two-thirds of those present must concur in the sentence. The offences cognizable by this court shall be cognizable by no other, and they shall be triers of the fact as well as judges of the law.

The justices or judges of the inferior courts already erected, or hereafter to be erected, shall be appointed by the governor, on advice of the council of State, and shall hold their offices during good behavior, or the existence of their courts. For breach of the good behavior, they shall be tried according to the laws of the land, before the Court of Appeals, who shall be judges of the fact as well as of the law. The only sentence they shall have authority to pass shall be that of deprivation and future incapacity of office, and two-thirds of the members present must concur in this sentence.

All courts shall appoint their own clerks, who shall hold their offices during good behavior, or the existence of their court; they shall also appoint all other attending officers to continue during their pleasure. Clerks appointed by the supreme or superior courts shall be removable by their respective courts. Those to be appointed by other courts shall have been previously examined, and certified to be duly qualified, by some two members of the general court, and shall be removable for breach of the good behavior by the Court of Appeals only, who shall be judges of the fact as well as of the law. Two-thirds of the members present must concur in the sentence.

The justices or judges of the inferior courts may be members of the legislature.

The judgment of no inferior court shall be final, in any civil case, of greater value than fifty bushels of wheat, as last rated in the general court for setting the allowance to the members of the general assembly, nor in any case of treason, felony, or other crime which should subject the party to infamous punishment.

In all cases depending before any court, other than those of impeachments, of appeals, and military courts, facts put in issue shall be tried by jury, and in all courts whatever witnesses shall give testimony viva voce in open court, wherever their attendance can be procured; and all parties shall be allowed counsel and compulsory process for their witnesses.

Fines, amercements, and terms of imprisonment left indefinite by the law, other than for contempts, shall be fixed by the jury, triers of the offence.

The governor, two councillors of State, and a judge from each of the superior Courts of Chancery, Common Law, and Admiralty, shall be a council to revise all bills which shall have passed both houses of assembly, in which council the governor, when present, shall preside. Every bill, before it becomes a law, shall be represented to this council, who shall have a right to advise its rejection, returning the bill, with their advice and reasons in writing, to the house in which it originated, who shall proceed to reconsider the said bill. But if after such reconsideration, two-thirds of the house shall be of opinion that the bill should pass finally, they shall pass and send it, with the advice and written reasons of the said Council of Revision, to the other house, wherein if two-thirds also shall be of opinion it should pass finally, it shall thereupon become law; otherwise it shall not.

If any bill, presented to the said council, be not, within one week (exclusive of the day of presenting it) returned by them, with their advice of rejection and reasons, to the house wherein it originated, or to the clerk of the said house, in case of its adjournment over the expiration of the week, it shall be law from the expiration of the week, and shall then be demandable by the clerk of the House of Delegates, to be filed of record in his office.

The bills which they approve shall become law from the time of such approbation, and shall then be returned to, or demandable by, the clerk of the House of Delegates, to be filed of record in his office.

A bill rejected on advice of the Council of Revision may again be proposed, during the same session of assembly, with such alterations as will render it conformable to their advice.

The members of the said Council of Revision shall be appointed from time to time by the board or court of which they respectively are. Two of the executive and two of the judiciary members shall be requisite to do business; and to prevent the evils of non-attendance, the board and courts may at any time name all, or so many as they will, of their members, in the particular order in which they would choose the duty of attendance to devolve from preceding to subsequent members, the preceding failing to attend. They shall have additionally for their services in this council the same allowance as members of assembly have.

The confederation is made a part of this constitution, subject to such future alterations as shall be agreed to by the legislature of this State, and by all the other confederating States.

The delegates to Congress shall be five in number; any three of whom, and no fewer, may be a representation. They shall be appointed by joint ballot of both houses of assembly for any term not exceeding one year, subject to be recalled, within the term, by joint vote of both the said houses. They may at the same time be members of the legislative or judiciary departments, but not of the executive.

The benefits of the writ of Habeas Corpus shall be extended, by the legislature, to every person within this State, and without fee, and shall be so facilitated that no person may be detained in prison more than ten days after he shall have demanded and been refused such writ by the judge appointed by law, or if none be appointed, then by any judge of a superior court, nor more than ten days after such writ shall have been served on the person detaining him, and no order given, on due examination, for his remandment or discharge.

The military shall be subordinate to the civil power.

Printing presses shall be subject to no other restraint than liableness to legal prosecution for false facts printed and published.

Any two of the three branches of government concurring in opinion, each by the voice of two-thirds of their whole existing number, that a convention is necessary for altering this constitution, or correcting breaches of it, they shall be authorized to issue writs to every county for the election of so many delegates as they are authorized to send to the general assembly, which elections shall be held, and writs returned, as the laws shall have provided in the case of the elections of delegates of assembly, mutatis mutandis, and the said delegates shall meet at the usual place of holding assemblies, three months after date of such writs, and shall be acknowledged to have equal powers with this present convention. The said writs shall be signed by all the members approving the same.

To introduce this government, the following special and temporary provision is made.

This convention being authorized only to amend those laws which constituted the form of government, no general dissolution of the whole system of laws can be supposed to have taken place; but all laws in force at the meeting of this convention, and not inconsistent with this constitution, remain in full force, subject to alterations by the ordinary legislature.

The present general assembly shall continue till the forty-second day after the last Monday of November in this present year. On the said last Monday of November in this present year, the several counties shall, by their electors qualified as provided by this constitution, elect delegates, which for the present shall be, in number, one for every — militia of the said county, according to the latest returns in possession of the governor, and shall also choose senatorial electors in proportion thereto, which senatorial electors shall meet on the fourteenth day after the day of their election, at the court house of that county of their present district which would stand first in an alphabetical arrangement of their counties, and shall choose senators in the proportion fixed by this constitution. The elections and returns shall be conducted, in all circumstances not hereby particularly prescribed, by the same persons and under the same forms as prescribed by the present laws in elections of senators and delegates of assembly. The said senators and delegates shall constitute the first general assembly of the new government, and shall specially apply themselves to the procuring an exact return from every county of the number of its qualified electors, and to the settlement of the number of delegates to be elected for the ensuing general assembly.

The present governor shall continue in office to the end of the term for which he was elected.

All other officers of every kind shall continue in office as they would have done had their appointment been under this constitution, and new ones, where new are hereby called for, shall be appointed by the authority to which such appointment is referred. One of the present judges of the general court, he consenting thereto, shall by joint ballot of both houses of assembly, at their first meeting, be transferred to the High Court of Chancery.

TO JAMES MADISON

mad. mss.

Monticello, June 17. 1783.

Dear Sir,

—Your favours of the 13th & 20th ult. came to hand about a week ago. I am informed the assembly determined against the capacity of re-election in those gentlemen of the delegation who could not serve a complete year. I do not know on what this decision could be founded. My hopes of the success of the Congressional propositions here have lessened exceedingly. Mr. Henry had declared in favor of the impost: but when the question came on he was utterly silent. I understand it will certainly be lost if it be not already. Instead of ceding more lands to the U. S. a proposition is made to revoke the former cession. Mr. Henry is for bounding our state reasonably enough, but instead of ceding the parts lopped off he is for laying them off into small republics. What further his plan is I do not hear. However you get the parliamentary news so much more directly from Richmond, that it is idle for me to give it you from hence.

A convention for the amendment of our constitution having been much the topic of conversation for some time, I have turned my thoughts to the amendments necessary. The result I enclose to you. You will have opportunities during your stay in Philadelphia of enquiring into the success of some of the parts of it which tho’ new to us have been tried in other states. I shall only except against your communicating it to any one of my own country, as I have found prejudices frequently produced against propositions handed to the world without explanation or support. I trust that you will either now or in some future situation turn your attention to this subject in time to give your aid when it shall be finally discussed. The paper inclosed may serve as a basis for your amendment, or may suggest amendments to a better groundwork. I further learn that the Assembly are excluding members of Congress from among them. Whether the information they may derive from their presence, or their being marked by the confidence of the people, is the cause of this exclusion I cannot tell.

Be pleased to present me with affection to my acquaintances of the house, & to receive yourself the sincerest assurances of the esteem with which I am Dr Sir Your friend & servt.

P. S. I will take the first opportunity of forwarding the pamphlet to your father.

TO THE GOVERNOR OF VIRGINIA (BENJAMIN HARRISON)

v. s. a.

Monticello. July 18—1783.

Sir,

—I am sorry you have been at the trouble of sending an Express to me for information as to the transactions between the Executive and Nathan as I am satisfied I do not recollect a single fact that you are not already possessed of. In the winter of 1779–1780 Mr. Baker presented us some bills drawn by Genl Clarke, Colo Todd and perhaps others, which he said he had taken up at New Orleans or the Havanna and paid a hard dollar for every one named in the bills at that time. At that time I think we had been made to believe that depreciation had not reached Kaskaskia and the bills appearing fair, we considered them in the nature of many others taken up by Pollock, & wrote acceptances on the greatest part of them, undertaking to pay them in toto at 4⅙ dollars the hundred. I believe we restricted some of them, perhaps as drawn by subordinate Officers, till we could write to Genl Clarke & Colo Todd. We wrote to them and desired a description of the bills we were to pay fully & the rates of depreciation, if depreciation had affected any. They sent us a description of the hard money bills, to wit, all drawn on New Orleans, and a table of depreciation of the others. This shewed we had wrote acceptances for hard money on some bills thereon depreciation should have been allowed. We laid the case before Mr. Pendleton & Wythe intending if they thought us bound by our erroneous acceptances that we would pay them. They differed in opinion. We then informed Nathan of Clarke & Todd’s marks to distinguish the bills, that this had proved we had accepted some in hard money on which depreciation should have been allowed, told him it was a case in which every man in the state was interested, that we did not wish to be judges in it ourselves, nor to refer it to any persons within the State, but we would refer it to lawyers in Philadelphia whither we knew he was going, and therefore that it would be convenient for him to have it decided there, as it would to us, our delegates being on the spot to act for us. He agreed to it. I wrote a state of the case, read it to him at the Council board, he agreed every article was right, we enclosed it to our delegates, and is the last part of the transaction which happened within my knowledge. Our delegates have told me since that he tergivisated a little there, disputed facts, declining the reference, but that he had finally come to, but of this they can give more certain information. In every part of the transaction with us he acted candidly enough as far as we could see, and we should certainly have thought ourselves bound to pay the money agreeable to the award.

There was another transaction with him. Colo Gibson (I think it was) came for clothing for the troops at Fort Pitt. We were distressed how to procure them. Nathan offered to go with Gibson to Baltimore and buy them, & to wait a considerable time for the money. Perhaps he might name a year or some such term. We agreed, he went, bought them, & drew on us immediately for the money, which we did not like.

I am persuaded there is nothing above but which you know from more certain hands, for indeed my recollection is too faint to be trusted even as to what I have said. Some parts I recollect positively enough, others very faintly or perhaps steps in the place of memory. I should really be afraid to affirm them positively. If there be however any particular circumstances which you would wish to have sworn to, I will endeavor to recollect them with more certainty and send them to you. There is never a day scarcely but Mr Short, Colo Moore and I Buchanan can send me a letter & I can as spedily return an answer. Be pleased to present my compliments to Mrs. Randolph and believe me to be with much affection, Dr Sir Your friend & servt.

TO JAMES MADISON

mad. mss.

Monticello, Aug. 31. 1783.

Dear Sir,

—Your favor of July 17, which came to hand long ago remains still unacknowledged, as from the time of its receipt I had constant hopes that you would be on the road for Virginia before an answer could reach you. That of the 11th inst. I received yesterday, and leaves the time of your visit as unfixed as ever, and excites some fear that I shall miss of you. I propose to set out for Congress about the middle of October, unless they should be returned to Philadelphia, in which case I shall take at home the week I meant otherwise to pass at Philadelphia on my way to Congress. I wish it would have been possible for your journey to have been so timed as that your return could have been when I go: for I still suppose you mean to pass the winter there as you told me at a time when it seemed to have no object but that of prosecuting your studies more at leisure. I sincerely lament the misadventure which has happened,1 from whatever cause it may have happened. Should it be final however, the world still presents the same and many other resources of happiness, and you possess many within yourself. Firmness of mind & unintermitting occupation will not long leave you in pain. No event has been more contrary to my expectations, and these were founded on what I thought a good knowledge of the ground. But of all machines ours is the most complicated & inexplicable—Either here or in Philadelphia I must ask a perusal of your Congressional notes with leave to take notes from them, as they will better than any thing else possess me of the business I am to enter on. What is become of the mutineers? What of the secretaryship of foreign affairs? What of the commercial treaty with Gr. Britain? These and many other questions I hope for the pleasure of having answered by you at Monticello. Be so good as to present my compliments to Mrs. House and Mrs. Trist and to ask whether the pleasure of lodging in their house may be counted among the circumstances which will render Philadelphia agreeable to me in case of the return of Congress thither. Should Congress not return thither, would it be possible for you to engage me a tolerable berth wherever they are? A room to myself, if it be but a barrack, is indispensable. In either event of my being or not being in Philadelphia, I propose to place Patsy there; and will ask the favor of Mrs. Trist to think for me on that subject, and to advise me as to the person with whom she may be trusted. Some boarding school of course tho’ I am not without objections to her passing more than the day in such a one.—The want of public occurrences worth detailing has filled my letter you find with private & unimportant subjects. I wish you every possible felicity, and am with sincere esteem Dr Sir, your friend & servt.

TO CHARLES CARTER

Eppington, Oct. 12. 1783.

Dear Sir,

—Finding that Mr. Eppes has made no purchase of horses for me, the bearer comes for those you were so kind as to offer me. Thinking it almost certain that they will suit me from what I hear of them, I send you enclosed an order on Mr. Donald for £60, which will be paid at sight: only be so good as to keep it up till Tuesday evening, because if, contrary to my expectations, the horses should not suit, they shall be returned to you by that time. If you have a third horse matching them in all respects and of the same age, price & qualities I will take him also: for as I shall go on to the Northward with a pair of horses in my phaeton, it will be a great relief that the horse on which my servant shall ride may be changed with them occasionally.—One word more, my dear Sir, which is to express my uneasiness at your having supposed I imputed to you a motive in the change of price which never entered my head. I could not think you wanted to take advantage of any necessity of mine, because no such necessity existed. I shall not use the horses I purchase till the month of March, consequently I could not be under the spur of necessity till then, besides this I knew you too well to have thought it under any circumstances. I am with sentiments of sincere attachment & respect Dear Sir, Your most obedt. humble servt.

P.S.—If you send me a third horse I will send an order for paiment of the price either to yourself or Mr. Donald according as the first conveiance may offer to the one or the other.

TO THE GOVERNOR OF VIRGINIA1 (BENJAMIN HARRISON)

Philadelphia, Nov. 11, 1783.

Sir,

—Your Excellency’s letter of the 25th ult. on the determination of Congress as to their future residence has been duly received. You would doubtless soon after have heard of their subsequent determination on the same subject. As all this had taken place before my arrival I can give you an account only from the information of others. Congress, it seems, thought it best to generalize their first determination by putting questions on the several rivers on which it had been proposed that they should fix their residence. Hudson river, the Delaware, & Potomac, were accordingly offered to the vote. The first obtained scarcely any voices; the Delaware obtained seven. This of course put the Potomac out of the way: and the Delaware being once determined on there was scarcely any difference of opinion as to the particular spot. The falls met the approbation of all the states present, except Pennsylvania which was for Germantown, & Delaware which was for Wilmington. As to the latter it appeared that she had been induced to vote for the Delaware on the single idea of getting Congress to Wilmington, and that being disappointed in this they would not wish them on that river at all, but would prefer Georgetown or any other place. This being discovered, the Southern delegates at a subsequent day brought on a reconsideration of the question, and obtained a determination that Congress should set one half of their time at Georgetown and that til accommodations should be provided there, Annapolis should be substituted in it’s place. This was considered by some as a compromise; by others as only unhinging the first determination and leaving the whole matter open for discussion at some future day. It was in fact a rally, and making a drawn battle of what had at first appeared to be decided against us. What will be its final decision can only be conjectured. I take the following to be the disposition of the several states.

The four Eastern states are for any place in preference to Philadelphia, the more Northern it is however the more agreeable to them.

New York and New Hampshire are for the falls of Delaware.

Pennsylvania is for Germantown first, and next for the falls of Delaware. It is to be noted that Philadelphia had no attention as a permanent seat. Delaware is for Wilmington: but for Georgetown in preference to the falls of Delaware or any other situation which attract the trade of their river. Maryland is for Annapolis, and the smallest hope for this will sacrifice a certainty for Georgetown.

Virginia, every place southward of Potomac being disregarded by the states as every place north of the Delaware, saw it would be useless to consider her interests as to more Southern positions. The falls of Potomac will probably therefore unite the wishes of the whole state, if this fails, Annapolis and the falls of Delaware are then the candidates. Were the convenience of the Delegates alone to be considered, or the general convenience to government in their transaction of business with Congress, Annapolis would be preferred without hesitation. But those who respect commercial advantages more than the convenience of individuals will probably think that every position on the bay of Chesapeak or any of its waters is to be dreaded by Virginia as it may attract the trade of that bay and make us with respect to Maryland what Delaware State is to Pennsylvania. Considering the residence of Congress therefore as it may influence trade, if we cannot obtain it on the Potomac it seems to be our interest to bring it past all the waters of the Chesapeak bay.

The three Southern states are for the most Southern situation. It should be noted that N. Hampshire and Georgia were absent on the decisions of these questions, but considering their interests would be directly opposite, it was thought their joint presence or absence would not change the result. From the preceding state of the views of the several members of our union your Excellency will be enabled to judge what will be the probable determination on any future revision of the present plan: the establishment of new states will be friendly or adverse to Georgetown according to their situation. If a state be first laid off on the lakes it will add a vote to the Northern scale, if on the Ohio it will add one to the Southern. I had the happiness of seeing Gen’l. Washington the other day after a space of seven years. He has more health in his countenance than I ever saw in it before. Among other political conversations he entered earnestly into one respecting the Western section of Virginia, and the late vote of Congress accepting it. He thinks the conditions annexed by Virginia and not acceded to by Congress altogether unimportant, at least much less important than the consequences which would result from the state’s adhering to these conditions. He thinks that a friendly and immediate settlement of this matter can alone give us that political happiness and quiet which we must all wish for: and that besides other disagreeable consequences the land will be lost to both as a source of revenue by their settlement of adventurers on it who will never pay any thing. It is now become evident that the nine states North of Potomac have made up their minds on these questions and will act together.

TO JAMES MONROE1

j. mss.

Phila. 18 Nov. 1783.

Mr. Mercer talks of setting out tomorrow. Mr. Madison & myself shall leave this place certainly on the 21st, so as to be in Annapolis on the 24th. The President does not set out till the 23d.—Dr. Lee did not engage the house for the delegation, not having been desired to do so, nor having ever informed them he had done so. I rather suppose it is for some particular set of gentlemen with whom he means to join.

TO MARTHA JEFFERSON1

Annapolis, Nov. 28th, 1783.

Dear Patsy,

—After four days’ journey, I arrived here without any accident, and in as good health as when I left Philadelphia. The conviction that you would be more improved in the situation I have placed you than if still with me, has solaced me on my parting with you, which my love for you has rendered a difficult thing. The acquirements which I hope you will make under the tutors I have provided for you will render you more worthy of my love; and if they cannot increase it, they will prevent its diminution. Consider the good lady who has taken you under her roof, who has undertaken to see that you perform all your exerc

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CORRESPONDENCE AND MISCELLANEOUS WRITINGS 1783 - Thomas Jefferson, The Works, vol. 4 (Notes on Virginia II, Correspondence 1782-1786) [1905]

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CORRESPONDENCE AND MISCELLANEOUS WRITINGS 1783–1785

TO FRANCIS EPPES1

TO GENERAL WASHINGTON

TO JAMES MADISON1

TO JAMES MADISON1

TO THE FRENCH MINISTER. (CHEVALIER DE LA LUZERNE.)

TO THE SECRETARY FOR FOREIGN AFFAIRS. (ROBERT R. LIVINGSTON)

TO THE SECRETARY OF FOREIGN AFFAIRS (ROBERT R. LIVINGSTON)

TO JAMES MADISON2

TO FRANCIS EPPES1

TO THE SECRETARY FOR FOREIGN AFFAIRS (ROBERT R. LIVINGSTON)

TO JOHN JAY

TO JAMES MADISON1

TO JAMES MADISON

PROPOSED CONSTITUTION FOR VIRGINIA1

TO JAMES MADISON

TO THE GOVERNOR OF VIRGINIA (BENJAMIN HARRISON)

TO JAMES MADISON

TO CHARLES CARTER

TO THE GOVERNOR OF VIRGINIA1 (BENJAMIN HARRISON)

TO JAMES MONROE1

TO MARTHA JEFFERSON1

CORRESPONDENCE AND MISCELLANEOUS WRITINGS
1783–1785