University of Virginia Library

TO THOMAS JEFFERSON.[1]

Dear Sir,—By the conveyance through which you
will receive this, the Delegates have communicated to
the State the proceedings in Congress to which the
territorial cessions have given birth. The complexion
of them will, I suppose, be somewhat unexpected, and
produce no small irritation. They clearly speak the
hostile machinations of some of the States against our
territorial claims, and afford suspicions that the predominant
temper of Congress may coincide with them.
It is proper to recollect, however, that the report of
the Committee having not yet been taken into consideration,
no certain inference can be drawn as to its
issue; and that the report itself is not founded on the
obnoxious doctrine of an inherent right in the United

States to the territory in question, but on the expediency
of clothing them with the title of New York,
which is supposed to be maintainable against all
others. It is proper also to be considered, that the
proceedings of the Committee, which we labored in
vain to arrest, were vindicated not by the pretext of
a jurisdiction belonging to Congress in such cases,
but alleged to have been made necessary by the conditions
annexed to the cession of Virginia. Although
the cession of Virginia will probably be rejected, on
the whole, I do not think it probable that all the
principles and positions contained in the report of the
Committee will be ratified. The Committee was
composed of a member from Maryland, Pennsylvania,
New Jersey, Rhode Island and New Hampshire; all
of which States, except the last, are systematically
and notoriously adverse to the claims of Western
Territory, and particularly those of Virginia. The
opinion of the Committee is therefore no just index
of the opinion of Congress; and it is a rule observed
since the Confederation was completed, that seven
States are requisite in any question, and there are
seldom more than seven, eight, nine or ten States
present; even the opinion of a majority of Congress
is a very different thing from a constitutional vote.
I mention these particulars, that you may be the better
able to counteract any intemperate measures that may
be urged in the Legislature. If the State wishes any
particular steps to be pursued by the Delegates, it
would be well for particular instructions to that effect
to be given. These will not only be a guide to us,
but will give greater weight to whatever is urged
by us.

I enclose you a paper containing two of the many
letters lately published in New York, with the subscription
of Mr. Deane's name. The genuineness of
some of them, and particularly that to Mr. Morris, is
generally doubted. There are some who think the
whole of them spurious. However this may be, there
is, through another channel, indubitable proof that no
injustice is done in ascribing to him the sentiments
advanced in these letters. Either from pique, interested
projects of trade, or a traitorous correspondence
with the enemy, he has certainly apostatized
from his first principles.