University of Virginia Library

TO EDMUND RANDOLPH.[1]

Dear Sir,—I wrote you yesterday morning by the
post, fully and in cypher. As I am told, however,
the bearer will probably be in Richmond before the
post, it may not be amiss to repeat to you that we

have heard nothing from Carleton since our refusal
of the passport to his secretary, and that we have
authentic information from Europe, that insidious
attempts have been made both on Doctor Franklin
and Mr. Adams, by British emissaries, as well as
tempting overtures employed to divide our ally from
us. These machinations have served no other end
than to expose the meanness and impotence of our
enemy, and to supply fresh proofs of the indissoluble
nature of the alliance. Mr. Adams begins to advance
with considerable speed towards the object of his
mission in Holland.

The action in the West Indies is still wrapt up in
darkness. The enclosed paper contains a specimen
of the obscure and contradictory advices which have
alternately excited our hopes and our apprehensions.

A copy of sundry resolutions of the House of Delegates,
touching the exportation of tobacco in the
flags, was laid before Congress yesterday by the
Superintendent of Finance, and referred to a committee.
On a review of the doctrine of the ninth
Article of Confederation, I believe, the right of the
State to prohibit in the present case the exportation
of her produce cannot be controverted. The States
seem to have reserved at least a right to subject foreigners
to the same imposts and prohibitions as their
own citizens; and the citizens of Virginia are at present
prohibited from such an exportation as is granted
in favor of the British merchants. This is a very
interesting point, and unless the division line between
the authority of Congress and the States be properly

ascertained, every foreign treaty may be a source of
internal as well as foreign controversy. You will
call to mind one now in negotiation, which may be
affected by the construction of this clause in the Confederation.
Congress have no authority to enter into
any convention with a friendly power which would
abridge such a right. They cannot have a greater
authority with respect to a hostile power. On the
other side, it is equally clear, that the State has no
authority to grant flags for the exportation of its produce
to the enemy. Armed vessels would not respect
them, nor would they be more respected in the
Courts of Admiralty. Unless Congress and the State,
therefore, act in concert, no tobacco can be remitted
to New York, and a further drain of specie must
ensue. When the matter was first opened in Congress,
the impression was unfavorable to the right of
the States, and pretty free strictures were likely to
be made on its opposition to the constitutional power
of Congress. It became necessary, therefore, to recur
to the law and the testimony, which produced an
acquiescence in the contrary doctrine. Their sentiments,
however, with regard to the policy and consistency
of the resolutions, are very different. The
last resolution in particular, compared with the preliminary
doctrines, produces animadversions, which
I need not recite to you. There are several reasons
which make me regret much this variation between
Congress and Virginia, of which a material one is
that a great personage will be touched by it, since it
originates in his act; and, since a conference between
a committee and him and the Superintendent, he
concurred in the expediency of granting the passports.