University of Virginia Library

TO THOMAS JEFFERSON.[98]

Dear Sir,—Congress have continued so thin as to
be incompetent to the dispatch of the more important
business before them. We have at present nine
States, and it is not improbable that something may
now be done. The report of Mr. Jay on the mutual
violations of the treaty of peace will be among the
first subjects of deliberation. He favors the British
claim of interest, but refers the question to the court.
The amount of the report, which is an able one, is,
that the treaty should be put in force as a law, and
the exposition of it left, like that of other laws, to the
ordinary tribunals.

The Spanish project sleeps. A perusal of the
attempt of seven States to make a new treaty, by
repealing an essential condition of the old, satisfied
me that Mr. Jay's caution would revolt at so irregular
a sanction. A late accidental conversation with
Guardoqui proved to me that the negotiation is

arrested. It may appear strange that a member of
Congress should be indebted to a foreign Minister
for such information, yet such is the footing on which
the intemperance of party has put the matter, that it
rests wholly with Mr. Jay how far he will communicate
with Congress, as well as how far he will negotiate
with Guardoqui. But although it appears that
the intended sacrifice of the Mississippi will not be
made, the consequences of the intention and the
attempt are likely to be very serious. I have already
made known to you the light in which the subject
was taken up by Virginia. Mr. Henry's disgust
exceeds all measure, and I am not singular in ascribing
his refusal to attend the Convention to the policy
of keeping himself free to combat or espouse the
result of it according to the result of the Mississippi
business, among other circumstances. North Carolina
also has given pointed instructions to her Delegates;
so has New Jersey. A proposition for the
like purpose was a few days ago made in the Legislature
of Pennsylvania, but went off without a decision
on its merits. Her Delegates in Congress are
equally divided on the subject. The tendency of
this project to foment distrust among the Atlantic
States, at a crisis when harmony and confidence ought
to have been studiously cherished, has not been more
verified than its predicted effect on the ultramontane
settlements. I have credible information that the
people living on the Western waters are already in
great agitation, and are taking measures for uniting
their consultations. The ambition of individuals will
quickly mix itself with the original motives of resentment
and interest. Communication will gradually
take place with their British neighbours. They will
be led to set up for themselves, to seize on the vacant
lands, to entice emigrants by bounties and an exemption
from Federal burthens, and in all respects play
the part of Vermont on a large theatre. It is hinted
to me that British partizans are already feeling the
pulse of some of the Western settlements. Should
these apprehensions not be imaginary, Spain may
have equal reason with the United States to rue the
unnatural attempt to shut the Mississippi. Guardoqui
has been admonished of the danger, and, I believe, is
not insensible to it, though he affects to be otherwise,
and talks as if the dependence of Britain on the commercial
favors of his Court would induce her to play
into the hands of Spain. The eye of France also
cannot fail to watch over the western prospects. I
learn from those who confer here with Otto and De
la Forest, that they favor the opening of the Mississippi,
disclaiming at the same time any authority to
speak the sentiments of their Court. I find that the
Virginia Delegates, during the Mississippi discussions
last fall, entered into very confidential interviews
with these gentlemen. In one of them the idea was
communicated to Otto of opening the Mississippi for
exports but not for imports, and of giving to France
and Spain some exclusive privileges in the trade.
He promised to transmit it to Vergennes, to obtain
his sentiments on the whole matter, and to communicate
them to the Delegates. Not long since
Grayson called on him, and revived the subject. He
assured Grayson that he had received no answer from
France, and signified his wish that you might pump
the Count de Vergennes, observing that he would
deny to you his having received any information from
America. I discover, through several channels, that
it would be very grateful to the French politicians
here to see our negotiations with Spain shifted into
your hands, and carried on under the mediating
auspices of their Court.

Van Berkel has remonstrated against the late acts
of Virginia, giving privileges to French wines and
brandies in French bottoms, contending that the
Dutch are entitled by their treaty to equal exemptions
with the most favored nation, without being
subject to a compensation for them. Mr. Jay has
reported against this construction, but considers the
act of Virginia as violating the treaty;—first, as it
appears to be gratuitous, not compensatory, on the
face of it; secondly, because the States have no right
to form tacit compacts with foreign nations. No
decision of Congress has yet taken place on the
subject.

The expedition of General Lincoln against the insurgents
has effectually succeeded in dispersing them.
Whether the calm which he has restored will be
durable or not, is uncertain. From the precautions
taking by the Government of Massachusetts, it would
seem as if their apprehensions were not extinguished.
Besides disarming and disfranchising, for a limited
time, those who have been in arms, as a condition of

their pardon, a military corps is to be raised to the
amount of one thousand or fifteen hundred men, and
to be stationed in the most suspected districts. It is
said that, notwithstanding these specimens of the
temper of the Government, a great proportion of the
offenders choose rather to risk the consequences of
their treason, than submit to the conditions annexed
to the amnesty; that they not only appear openly on
public occasions, but distinguish themselves by badges
of their character; and that this insolence is in many
instances countenanced by no less decisive marks of
popular favor than elections to local offices of trust
and authority.

A proposition is before the Legislature of this
State, now sitting, for renouncing its pretensions to
Vermont, and urging the admission of it into the
Confederacy. The different parties are not agreed
as to the form in which the renunciation should be
made, but are likely to agree as to the substance.
Should the offer be made, and should Vermont not
reject it altogether, I think they will insist on two
stipulations at least;—first, that their becoming parties
to the Confederation shall not subject their
boundaries, or the rights of their citizens, to be questioned
under the ninth Article; secondly, that they
shall not be subject to any part of the public debts
already contracted.

The Geographer and his assistants have returned
surveys on the Federal lands to the amount of about
eight hundred thousand acres, which it is supposed
would sell pretty readily for public securities, and

some of it, lying on the Ohio, even for specie. It
will be difficult, however, to get proper steps taken
by Congress, so many of the States having lands of
their own at market. It is supposed that this consideration
had some share in the zeal for shutting the
Mississippi. New Jersey, and some others having
no Western lands, which favored this measure, begin
now to penetrate the secret.

A letter from the Governor of Virginia informs
me, that the project of paper-money is beginning to
recover from the blow given it at the last session of
the Legislature. If Mr. Henry espouses it, of which
there is little doubt, I think an emission will take
place.