University of Virginia Library

TO THOMAS JEFFERSON.[1]

Dear Sir,—The result of the attack on your administration
was so fully anticipated that it made
little impression on me.[2] If it had been consistent
with your sentiments and views to engage in the
service to which you were called, it would have
afforded me both unexpected and singular satisfaction,
not only from the personal interest I felt in it,
but from the important aid which the interest of the
State would probably have derived from it. What I
particularly refer to is her claim to Western territory.
The machinations which have long been practised by
interested individuals against this claim, are well
known to you. The late proceedings within the
walls of Congress, in consequence of the territorial
cessions, produced by their recommendations to the
States claiming the Western country, were, many
weeks ago, transmitted for the Legislature by a Captain
Irish. By the same conveyance I wrote to you
on the subject. We have the mortification to find,
by our latest letters from Richmond, that this gentleman
had not, at the date of them, appeared there.
As it is uncertain whether that information may not
have totally miscarried, it will be proper to repeat to
you that the States, besides Virginia, from which the
cessions came, were Connecticut and New York.

The cession of the former consisted of all her claim
west of New York as far as the Mississippi. That of
the latter, of all her claims beyond a certain western
limit, drawn on the occasion. The cession of Connecticut
extended to the soil only, expressly reserving
the jurisdiction. That of New York made no
reservation. These cessions, with that of Virginia,
and sundry memorials from the Indiana and other
land companies, were referred to a committee, composed
of a member from New Hampshire, Rhode
Island, New Jersey, Pennsylvania and Maryland.
The ingredients of this composition prepared us for
the complexion of their proceedings. Their first step
was to investigate and discuss the respective titles of
the States to the territory ceded. As this was directly
in the face of the recommendation of Congress, which
professed to bury all such discussions, and might
prejudge future controversies between individual
members of the Union, we refused to exhibit any
evidence in favor of the title of Virginia, and endeavored,
though in vain, to prevail on Congress to interdict
the Committee from proceeding in the inquiry.
The next step of the Committee was still more
obnoxious. They went fully into a hearing of the
memorialists through their agent, and received all
the evidence adduced in support of their pretensions.
On this occasion we renewed our remonstrances to
the Committee, and our complaints to Congress, but
with as little effect as on the first occasion. The
upshot of the whole was a report to Congress, rejecting
the cessions of Connecticut and Virginia, and
accepting that of New York; disallowing also the
claims of the companies northwest of the Ohio, but
justifying that of the Indiana company. The report
seems to distrust the doctrine hitherto maintained, of
territorial rights being incident to the United States
collectively, which are not comprehended within any
individual State; substituting the expedient of recognizing
the title of New York, stretching over the
whole country claimed by the other ceding States,
and then accepting a transfer of it to the United
States. In this state the business now rests—the
report having never been taken into consideration;
nor do we wish it should, till it shall have undergone
the consideration of Virginia.

In whatever light the policy of this proceeding
may be viewed, it affords an additional proof of the
industry and perseverance with which the territorial
rights of Virginia are persecuted, and of the necessity
of fortifying them with every precaution which
their importance demands. As a very obvious and
necessary one, we long since recommended to the
State an accurate and full collection of the documents
which relate to the subject. If the arrival of
Captain Irish had taken place before the adjournment
of the Assembly, and during your stay with it,
we flattered ourselves that the recommendation
would have been attended to, and that the task
would have fallen on you. As this was not the case,
we have no hope at present of being enabled, from
any other sources than the voluntary aid of individuals,
to contradict even verbally the misrepresentations
and calumnies which are daily levelled

against the claims of Virginia, and which cannot
fail to prepossess the public with errors, injurious at
present to her reputation, and which may affect a
future decision on her rights. Colonel Mason's industry
and kindness have supplied us with some
valuable papers and remarks. Mr. Jones has also
received from Mr. Pendleton some judicious remarks
on the subject. We are still, notwithstanding, far
from possessing a complete view of it. Will you
permit me to ask of you such information as your
researches have yielded, with the observations which
you have made in the course of them. I would not
obtrude such a request on you if the subject were
not of public importance, and if it could have been
addressed with equal prospect of advantage elsewhere.
Indeed, if you could prevail on yourself to
spare as much time as would survey the whole subject,
beginning with the original charter, pursuing
it through the subsequent charters and other public
acts of the crown, through the government of Virginia,
and referring to all the transactions with the
Indians which have been drawn into the question,
the public utility, I am persuaded, would sufficiently
reward you for the labor.