University of Virginia Library

TO THOMAS JEFFERSON. [104]

Dear Sir,—Congress have agreed to Mr. Jay's
report on the treaty of peace, and to an address
which accompanies it. Copies of both will no doubt
be sent you from his Department. The Legislature
of this State, which was sitting at the time, and on
whose account the acts of Congress were hurried
through, has adjourned till January next, without
deciding on them. This is an ominous example to
the other States, and must weaken much the claim
on Great Britain of an execution of the treaty on her
part, as promised in case of proper steps being taken
on ours. Virginia, we foresee, will be among the
foremost in seizing pretexts for evading the injunctions
of Congress. South Carolina is not less infected
with the same spirit. The present deliberations of

Congress turn on, first, the sale of the Western lands;
secondly, the government of the Western settlements
within the Federal domain; thirdly, the final settlement
of the accounts between the Union and its
members; fourthly, the treaty with Spain.

1.

• Between six and seven hundred thousand acres
  have been surveyed in townships, under the land
  ordinance, and are to be sold forthwith. The place
  where Congress sit is fixed for the sale. Its eccentricity,
  and remoteness from the premises, will, I
  apprehend, give disgust. On the most eligible plan
  of selling the unsurveyed residue, Congress are much
  divided; the Eastern States being strongly attached
  to that of townships, notwithstanding the expense
  incident to it; the Southern being equally biassed in
  favor of indiscriminate locations, notwithstanding the
  many objections against that mode. The dispute
  will probably terminate in some kind of compromise,
  if one can be hit upon.

2.

• The government of the settlements on the Illinois
  and Wabash is a subject very perplexing in
  itself, and rendered more so by our ignorance of
  many circumstances on which a right judgment depends.
  The inhabitants at those places claim protection
  against the savages, and some provision for
  both criminal and civil justice. It appears also that
  land-jobbers are among them, who are likely to
  multiply litigations among individuals, and, by collusive
  purchases of spurious titles, to defraud the
  United States.

3.

• The settlement of the public accounts has long
  

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  been pursued in varied shapes, and with little prospect
  of success. The idea which has long been
  urged by some of us, seems now to be seriously embraced,
  of establishing a plenipotentiary tribunal for
  the final adjustment of the mutual claims, on the
  great and simple principle of equity. An ordinance
  for this purpose has been reported by the Treasury
  Board, and has made some progress through Congress.
  It is likely to be much retarded by the thinness
  of Congress, as indeed is almost every other
  matter of importance.

4.

• The Spanish negotiation is in a very ticklish
  situation. You have been already apprized of the
  vote of seven States last fall for ceding the Mississippi
  for a term of years. From sundry circumstances
  it was inferred that Jay was proceeding
  under this usurped authority. A late instruction to
  him to lay the state of the negotiation before Congress
  has discovered that he has adjusted with
  Guardoqui an article for suspending the use of the
  Mississippi by the citizens of the United States.
  The report, however, leaves it somewhat doubtful
  how far the United States are committed by this
  step, and a subsequent report of the Secretary on
  the seizure of Spanish property in the Western
  country, and on information of discontents touching
  the occlusion of the Mississippi, shews that the
  probable consequences of the measure perplex him
  extremely. It was nevertheless conceived by the
  instructed delegations to be their duty to press a
  revocation of the step taken, in some form which
  

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  would least offend Spain, and least irritate the patrons
  of the vote of seven States. Accordingly a motion
  was made to the following effect—that the present
  state of the negotiation with Spain, and of the affairs
  of the United States, rendered it expedient that you
  should proceed, under a special commission, to Madrid,
  for the purpose of making such representations
  as might at once impress on that Court our friendly
  disposition and induce it to relax on the contested
  points; and that the proper communications and
  explanations should be made to Guardoqui relative
  to this change in the mode of conducting the negotiation.
  This motion was referred to Mr. Jay, whose
  report disapproves of it. In this state the matter
  lies. Eight States only being present, no effective
  vote is to be expected. It may, notwithstanding, be
  incumbent on us to try some question which will at
  least mark the paucity of States who abet the obnoxious
  project. Massachusetts and New York alone, of
  the present States, are under that description; and
  Connecticut and New Hampshire alone of the absent.
  Maryland and South Carolina have hitherto been on
  the right side. Their future conduct is somewhat
  problematical. The opinion of New Hampshire is
  only conjectured. The conversion of Rhode Island
  countenances a hope that she too may, in this instance,
  desert the New England standard.

The prospect of a full and respectable Convention
grows stronger every day. Rhode Island alone has
refused to send Deputies. Maryland has probably
appointed by this time. Of Connecticut alone doubts
are entertained. The anti-federal party in that State

is numerous and persevering. It is said that the
elections which are now going on are rather discouraging
to the advocates of the Convention.
Pennsylvania has added Dr. Franklin to her deputation.
There is some ground to calculate on the
attendance of General Washington. Our Governor,
Mr. Wythe, Mr. Blair, and Col Mason will pretty
certainly attend. The last, I am informed, is renouncing
his errors on the subject of the Confederation,
and means to take an active part in the amendment
of it. Mr. Henry pretty soon resigned the undertaking.
General Nelson was put into his place, who
has also declined. He was succeeded by Mr. R. H.
Lee, who followed his example. Doctor M'Clurg
has been since appointed, and as he was on the spot
must have been previously consulted.