University of Virginia Library

TO EDMUND RANDOLPH.[1]

Dear Sir,—The case of the vessel captured within
North Carolina was some time since remitted to Congress
by Governor Harrison. I am glad to find your
ideas correspond so exactly with those I had advanced
on the subject. The legislative power over captures,
and the judiciary in the last resort, are clearly vested
in Congress by the Confederation. But the judiciary
power in the first instance, not being delegated, is as
clearly reserved to the Admiralty Courts of the particular
States within which the captures are made.
Captures made on the high seas must fall within the
jurisdiction of the State into which it shall please the
captor to carry them. It will be sufficient, I believe,
to insert in the instructions to privateers, a clause for

preventing the grievance complained of by North
Carolina. The anger of Mr. Burke was erroneous in
its principle, as well as intemperate in its degree.
The offender being an officer of Congress, and not of
Virginia, Congress, and not Virginia, should have
been resorted to for redress.

On a consultation before Doctor Lee left us, it was
determined that we ought to renew our attempts to
obtain from Congress a decision on the cession of
Virginia, before the meeting of the Legislature. The
attempt was accordingly made, and produced all the
perplexing and dilatory objections which its adversaries
could devise. An indisposition of the President,
which suspended the vote of Maryland, furnished an
argument for postponing, which it was prudent to
yield to, but which is now removed by the arrival of
Mr. Wright, a new Delegate from that State. We
shall call again on Congress for a simple answer in
the affirmative or the negative, without going into
any unnecessary discussions on the point of right;
and should the decision be postponed sine die, we
hope the State will consider itself at liberty to take
any course which its interest shall suggest. It happens
very unluckily that Virginia will only have two
Representatives present during the interesting business.
Mr. Jones[2] cannot be prevailed on to wait the
event. Colonel Bland thinks the validity of charters
unimportant to the title of Virginia, and that the title
of the natives militates against the claims of the
companies. Is not my situation an enviable one?

A further communication from the French Minister
informs us, that the Court of France laments the
weakness of our army; insinuates the idea of co-operation
in expelling the enemy from the United
States; apprehends attempts to seduce the States
into separate negotiations, and hopes measures will
be taken to frustrate such views. I believe, from this
and other circumstances, that the Court of France
begins to have serious suspicions of some latent danger.
It is extremely probable, that as the enemy
relax in their military exertions against this country,
they will redouble the means of seduction and division.
This consideration is an additional argument
in favor of a full representation of the States. In a
multitude of counsellors there is the best chance for
honesty, if not of wisdom.

The subject of Vermont has not yet been called
up. Their agents and those of the land-mongers are
playing with great adroitness into each others' hands.
Mr. Jones will explain this game to you. Colonel
Bland is still schismatical on this point. I flatter myself,
however, that he will so far respect the united
opinion of his brethren as to be silent. Mr. Lee
entered fully into the policy of keeping the vote of
Vermont out of Congress.

The refugees from New York have lately perpetrated
one of the most daring and flagrant acts that
has occurred in the course of the war. A captain of
militia of New Jersey, who unfortunately fell a captive
into their hands, was carried to New York, confined
successively in different prisons, and treated

with every mark of insult and cruelty; and finally
brought over to the Jerseys, and in cold blood hanged.
A label was left on his breast, charging him with
having murdered one of their fraternity, and denouncing
a like fate to others. The charge has been disproved
by unexceptionable testimony. A number
of respectable people of New Jersey have, by a memorial,
called aloud on the Commander-in-Chief for
retaliation; in consequence of which he has, in the
most decisive terms, claimed of Sir Henry Clinton a
delivery of the offenders up to justice, as the only
means of averting the stroke of vengeance from the
innocent head of a captive officer of equal rank to
the Jersey captain. The answer of Clinton was not
received when General Washington despatched a
state of the transaction to Congress.