Title: To John Adams from Alexander James Dallas, 30 November 1799
From: Dallas, Alexander James
To: Adams, John

Sir
Phila. 30 Nov. 1799

Permit me to request, that you will honor a set of my Reports with a place in your Library.
If your political cares have not extinguished the professional ardor, which you displayed in the early period of your life, the volumes will afford you some amusement.
But I particularly beg you to accept them as a mark of the sincere respect, with which I am, / sir, / Your most obedt. & most Hble Servt
A.J. Dallas


Title: To John Adams from John Donaldson, 30 November 1799
From: Donaldson, John
To: Adams, John

Dear Sir
Philad. Novem. 30. 1799

Mr. Hall having informed me that the Office of Marshall has become vacant by the resignation of Mr. Nicholls I have a pleasure in mentioning his Name to you as a person that will I think give satisfaction to the Government—Mr. Hall was employed several years as agent of the state—and I believe acquired more general knowledge of the different Counties than any other personHe is a gentleman with whom I have been acquainted for several years both in his Official & private Character—as to the first, I can declare that no Officer could be more prompt and correct in his rendering settling & paying the Balances that became due than he was—& in the last I believe no man more worthy of Confidence.
I am with respect / your friend

John DonaldsonNovem. 30. 1799I do hereby Certify that John Hall Esqr Secretary of the Land Office of Pensylvania in the course of the Business entrusted to him has been correct & prompt in rendering his Accounts & paying the Balances into the state Treasury & that from his Conduct—he merits implicit confidence.
John Donaldson
Comp Gen Pensyla


Title: To John Adams from John Ewing, 30 November 1799
From: Ewing, John
To: Adams, John

Dr. Sir,
Philada. Novr. 30th 1799—

Since I had the Honor of waiting on you, I find that my son in Law Mr. John Hall—has made application to you to be appointed as Marshal of the District of Pennsylvania, which place I have heard, is now vacant.
Permit me to say, that if no more eligible character apply for the office, I have known him from his Infancy. He is young & active, in full health and intrepid, was an officer in the revolutionary war with Great Britain, was taken prisoner on Staten Island, & has continued, since his liberation, a decided friend to our revolution. He has served with Reputation and abilities, the State of Pennsylvania in various respects, and is now the Secretary of its Land Office, which he has held for some years past, without the least imputation on his Fidelity, Industry or Integrity, and now wishes to be employed under the Federal Government, to which he has been long attached.
I mention not his private exertions and attachments in your favour, because they should have no influence in the appointment in question, but only recommend him, if you can find no more suitable person, for his Activity, Decision, Integrity, & Attachment to the Federal Constitution. If he fails in these, he will greatly disappoint / Dr. Sir, / Your most obedt. / & very hble servt
John Ewing


Title: From John Adams to Alexander James Dallas, 2 December 1799
From: Adams, John
To: Dallas, Alexander James

Sir
Philadelphia Dec 2d 1799

I return you my hearty thanks for the obliging present of your reports, in three very handsome volumes, which I received on Saturday. I prize them highly, not only in the light in which you present them; but on account of their intrinsic merit and worth to a profession, which after a divorce of more than a quarter of a century, I still hold in affection and veneration.
Candor obliges me to say that I have made a singular observation relative to this work. Although in the times which has passed since its first publication the spirit of party has been disposed to call in question the integrity of every man and every action, I have never heard an insinuation against the fidelity of these reports.—As the year book & the reporters, who have folowed, have fixed the laws of England upon such permanent principles of equity and humanity, I hope these volumes will be the beginning of a series which will prove still more beneficial to mankind
I am Sir your obliged and most obedient humble servant


Title: From John Adams to United States Congress, 3 December 1799
From: Adams, John
To: United States Congress

Gentlemen of the Senate, and Gentlemen of the House of Representatives.
December 3d 1799.

It is, with peculiar Satisfaction, that I meet the Sixth Congress, of the United States of America.——Coming from all parts of the Union, at this critical, and interesting period, the members must be fully possessed, of the Sentiments and wishes of our Constituents.
The flattering prospects of abundance, from the labours of the people, by land and by sea; the prosperity of our extended commerce, notwithstanding interruptions occasioned by the belligerent State of a great part of the world; the return of health and industry and trade, to those cities, which have lately been afflicted with disease; and the various and inestimable advanges, civil and religious, which, secured under our happy frame of government, are *continued to us, unimpaired: demand of the whole American people, sincere thanks to a benevolent Deity, for the merciful dispensations of his Providence.
But, while these numerous blessings are recollected, it is a painful duty to advert to the ungrateful return, which has been made for them, by some of the people, in certain counties of Pennsylvania, where, seduced by the arts and misrepresentations of designing men, they have openly resisted the law, directing the valuation of houses and lands. Such defiance was given to the Civil Authority as rendered hopeless, all further attempts, by judicial process, to enforce the execution of the law; and it became necessary to direct a military force to be employed, consisting of some companies of regular troops, volunteers, and militia, by whose zeal and Activity, in co-operation with the judicial power, Order and submission were restored, and many of the Offenders arrested.—Of these, some have been convicted of misdemeanors and others, charged with various crimes remain to be tried.
To give due effect to the civil administration of government, and to ensure a just execution of the laws, a revision and amendment of the judiciary system is indispensably necessary. In this extensive country, it cannot but happen, that numerous questions respecting the interpretation of the laws and the rights and duties of Officers and citizens, must arise. On the one hand, the laws should be executed; on the other individuals should be guarded from Oppression: neither of these Objects is sufficiently assured, under the present organization of the judicial department. I therefore earnestly recommend the subject to your serious consideration.
Persevereing in the pacific and humane policy, which had been invariably professed, and sincerely pursued by the executive Authority of the United States; when indications were made, on the part of the French Republic, of a disposition to accommodate the existing differences between the two Countries, I felt it to be my duty to prepare for meeting their advances, by a nomination of ministers upon certain conditions which the honor of our country dictated, and which its moderation had given it a right to prescribe. The Assurances which were required of the French Government, previous to the departure of our Envoys, have been given, through their minister of foreign relations; and I have directed them to proceed on their mission to Paris. They have full power to conclude a treaty, subject to the constitutional Advice and consent of the Senate. The characters of these Gentlemen, are sure pledges to their country, that nothing inconsistent incompatible with its honor or interest, nothing inconsistent with our obligations of good faith or friendship to any other nation, will be stipulated.
It appearing probable, from the information I received, that our commercial intercourse, with some ports, in the Island of St. Domingo might safely be renewed, I took such steps as seemed to me expedient to ascertain that point. The result being satisfactory, I then, in conformity with the Act of Congress on the subject, directed the restraints and prohibitions of that intercourse to be discontinued, on terms which were made known by proclamation. Since the renewal of this intercourse, our citizens trading to those ports, with their property have been duely respected and privateering from those ports has ceased.
In examing the claims of British Subjects by the commissioners at Phyladelphia, acting under the sixth Article of the treaty of Amity, commerce and navigation, with Great Britain, a difference of Opinion, on points deemed essential, in the interpretation of that Article has arisen between the commissioners appointed by the United States, and the other members of that board, from which the former have thought it, their duty to withdraw....It is sincerely to be regretted, that the execution of an article produced by a mutual spirit of amity and justice, should have been thus unavoidably interrupted. It is, however, confidently expected, that the same spirit of amity and the same sense of justice in which it originated, will lead to satisfactory explanations. In consequence of the Obstacles to the progress of the commission in Phyladelphia, his Britannic Majesty has directed the commissioners appointed by him, under the seventh Article of the treaty, relating to British captures of American vessels, to withdraw from the board sitting in London: but with the express declaration of his determination to fullfill with punctuality and good faith, the engagements, which his Majesty has contracted by his treaty with the United States; and that they will be instructed to resume their functions, whenever the Obstacles, which impede the progress of the commission at Phyladelphia, shall be removed. It being in like manner, my sincere determination, so far as the same depends on me, that with equal punctuality and good faith, the engagements contracted by the United States, in their treaties with his Britannic Majesty, shall be fullfilled, I shall, immediately instruct our minister at London to endeavour to obtain the explanations necessary to a just performance of those engagements, on the part of the United States. With such dispositions on both sides, I cannot entertain a doubt, that all difficulties will soon be removed, and that the two boards will then proceed and bring the business committed to them respectively, to a satisfactory conclusion.
The Act of Congress, relative to the Seat of the Government of the United States, requiring that on the first Monday of December next, it should be transferred from Phyladelphia, to the district chosen for its permanent Seat, it is proper for me to inform you, that the commissioners appointed to provide suitable Buildings for the accommodation of Congress, and of the President, and of the public offices of the Government, have made a report of the State of the Buildings designed for those purposes in the city of Washington; from which they conclude that the removal of the Seat of Government to that place, at the time required, will be practicable and the accommodation, satisfactory. Their report will be laid before you.
Gentlemen of the House of Representatives.
I shall direct the estimates of the Appropriations necessary for the Service of the ensuing year, together with an account of the revenue and expenditure, to be laid before you. During a period, in which, a great portion of the civilized world, has been involved in a War, unusually calamitous and destructive, it was not to be expected, that the United States could be exempted from extraordinary burthens. Although the period is not arrived, when the measures adopted, to secure our country against foreign attacks can be renounced, yet it is alike necessary for the honor of the Government, and the satisfaction of the community, that an exact Œconomy should be maintained. I invite you, Gentlemen, to investigate the different branches of the public expenditure: the examination will lead to beneficial retrenchments; or produce a conviction of the Wisdom of the measures, to which the expenditure relates.
Gentlemen of the Senate and Gentlemen of the House of Representatives.
At a period like the present, when momentous changes are occurring, and every hour is preparing new and great events in the political World; when a Spirit of War is prevalent in almost every nation with whose Affairs, the interests of the United States have any connection; unsafe and precarious would be our Situation, were we to neglect the means of maintaining, our just rights. The result of the mission to France in uncertain: but however it may terminate, a steady perseverance in a system of national defence, commensurate with our resources, and the situation of our Country, is an obvious dictate of Wisdom. For, remotely as we are placed from the belligerent nations, and desirous as we are by doing justice to all, to avoid Offence to any,; nothing short of the power of repelling aggressions, will secure to our country a rational prospect of escaping the calamities of War, or national degradation....As to myself, it is my anxious desire, so to execute the trust reposed in me, as to render the people of the United States, prosperous and happy. I rely, with entire confidence, on your co operation in Objects equally your care; and that our mutual labours will serve to increase and confirm Union among our fellow Citizens and an unshaken Attachment to our Government

John Adams


Title: From John Adams to United States Senate, 4 December 1799
From: Adams, John
To: United States Senate

Gentlemen of the Senate,
United States December 4. 1799.

I nominate John  Hall of Pennsylvania to be Marshal of that district, in the room of William Nicholls resigned: and
David Mead Randolph, the present marshal of the district of Virginia, for the term of four years, to commence on the fifteenth instant, when his existing commission will expire.

John Adams


Title: From John Adams to United States Senate, 4 December 1799
From: Adams, John
To: United States Senate

Gentlemen of the Senate,
United States December 4. 1799.

I nominate Alfred Moore of North Carolina to be an associate justice of the Supreme Court of the United States, in the room of the late justice Iredell, deceased.

John Adams


Title: From John Adams to United States Senate, 5 December 1799
From: Adams, John
To: United States Senate

Gentlemen of the Senate
United States Decr 5. 1799

            I nominate the Gentlemen in the inclosed List to the offices placed against their Names, excepting William Nichols who has resigned the Office of Marshall of Pennsylvania

John Adams

            Commissions issued in the recess of the Senate
Isaac Parker, Marshal for the District of Maine—5 March ‘99
William Nichols, Marshal for the District of Pennsylvania 26 June
James Winchester, Judge of the District of Maryland 31st. Octr,
Thomas Forster, of Pennsylvania, Inspector of the Revenue for the of Presque Isle; and Collector for the District of Presque Isle. 26 March 1799
Lamberton Cooper, Inspector of the Revenue for the port of Middletown Connecticut; and Surveyor for the same port 22 April
Robert Chesley, Inspector of the Revenue for the port of St. Mary’s in the District of Nanjemoy; and Surveyor for the same. 1st. May
Peter Hemp Junr. Inspector of the Revenue for the Port of Urbanna in the District of Tappahannock; & Surveyor for the same. 31st. May
James Taylor. Inspector of the Revenue for the Port of Beacon Island, and Surveyor for the same. 14 June.
Eugene Brenan Inspector of the Revenue for Survey number three in the District of South-Carolina 27 June
Josiah Reid Inspector of the Revenue for the port of Thomaston in the District of Waldoboro & Surveyor for the same. 27 June.
Charles Simms Collector for the District of Alexandria 9 August
Alexander Freeland Collector for the District of Great Egg Harbor & Inspector for the port of Ditto. 16 August
William Watson Collector for the District of Little Egg Harbour, & Inspector for the Port of Ditto 17 Augst ‘99
James Reid of New-Hampshire vice Consul for the City of Canton in China. 29 March
Evan Jone, of Louisiana, Consul for the Port of New-Orleans. 11 May.
John Morton, of New-York, Consul for the Port of Havana. 29 June.
William Richardson Davie, of North-Carolina, Envoy Extraordinary and Minister Plenipotentiary of the United States to the French Republic Vice Patrick Henry. 1st. June 1799.


Title: From John Adams to Timothy Pickering, 5 December 1799
From: Adams, John
To: Pickering, Timothy

Mr. Secretary DallasPhiladelphia Dec 5th 1799

The President requests the Secretary of State to send him a copy of Mr. Patric Henry’s letter in which he declines his appointment, to be laid before congress with the other papers relative to the mission to France.


Title: From John Adams to United States Congress, 5 December 1799
From: Adams, John
To: United States Congress

Gentlemen of the Senate and Gentlemen of the House of Representatives
United States Dec 5th 1799.

I transmit to Congress certain documents which have relation to the communications made on Tuesday on the subject of the insurrection in Pensylvania on the renewal of commerce with St Domingo and the mission to the French republic

John Adams


Title: To John Adams from Isaac Story, 6 December 1799
From: Story, Isaac
To: Adams, John

Respected Sire,
Marblehead Decr. 6. 99

Permit me to introduce into your presence, by letter, my oldest son, who is taking the tour of the southern states; partly for his amusement, & partly on account of health.—
In him you will behold a steady friend to your person, & public administrations. And were the Country made up of persons possessing his character, your government would be easy & happy. He is a Descendant, by his mother’s side, from Governor Bradstreet; & I have reason to believe he will support the dignity of the family.—
His Grandfather, your old friend & acquaintance, is no more. He dined with me on Lords day Novr. 24th, & just as he had finished his dinner, was seized with an Angina Pectoris; & expired in three minutes.
His son, Doctr. Story, with whom you was acquainted before the Revolution, expresses his best wishes towards you, as well as your / devoted hum. sert

Isaac Story


Title: From John Adams to Timothy Pickering, 7 December 1799
From: Adams, John
To: Pickering, Timothy

Sir
Phyladelphia December 7. 1799 Saturday

The Attorney General has left with me and I now Send to you a Project of an explanatory Article or Treaty and a Project of a Letter to Mr King, defining an Ultimatum. There is no Business before the Government at this time of more importance than this and I pray you to turn, your Attention to it, and prepare a Draught of a Letter to Mr King, to be considered if possible on Monday Evening at Six O Clock at my Chamber, when I ask the favour of your Company with all the heads of Departments. I am, sir very respectfully / Yr huml Sert

John Adams


Title: To John Adams from United States House of Representatives, 9 December 1799
From: United States House of Representatives
To: Adams, John

					Sir:
					December 9, 1799.

				While the House of Representatives contemplate the flattering prospects of abundance from the labors of the people by land and by sea, the prosperity of our extended commerce notwithstanding the interruptions occasioned by the belligerent state of a great part of the world, the return of health, industry, and trade to those cities which have lately been afflicted with disease, and the various and inestimable advantages, civil and religious, which, secured under our happy frame of Government, are continued to us unimpaired, we can not fail to offer up to a benevolent Deity our sincere thanks for these the merciful dispensations of His protecting providence.

That any portion of the people of America should permit themselves, amid such numerous blessings, to be seduced by the arts and misrepresentations of designing men into an open resistance of a law of the United States can not be heard without deep and serious regret. Under a Constitution where the public burthens can only be imposed by the people themselves for their own benefit and to promote their own objects, a hope might well have been indulged that the general interest would have been too well understood and the general welfare too highly prized to have produced in any of our citizens a disposition to hazard so much felicity by the criminal effort of a part to oppose with lawless violence the will of the whole. While we lament that depravity which could produce a defiance of the civil authority and render indispensable the aid of the military force of the nation, real consolation is to be derived from the promptness and fidelity with which that aid was afforded. That zealous and active cooperation with the judicial power of the volunteers and militia called into service, which has restored order and submission to the laws, is a pleasing evidence of the attachment of our fellow-citizens to their own free Government, and of the truly patriotic alacrity with which they will support it.

To give due effect to the civil administration of Government and to insure a just execution of the laws are objects of such real magnitude as to secure a proper attention to your recommendation of a revision and amendment of the judiciary system.

Highly approving as we do the pacific and humane policy which has been invariably professed and sincerely pursued by the Executive authority of the United States, a policy which our best interests enjoined, and of which honor has permitted the observance, we consider as the most unequivocal proof of your inflexible perseverance in the same well-chosen system your preparation to meet the first indications on the part of the French Republic of a disposition to accommodate the existing differences between the two countries by a nomination of ministers, on certain conditions which the honor of our country unquestionably dictated, and which its moderation had certainly given it a right to prescribe. When the assurances thus required of the French Government, previous to the departure of our envoys, had been given through their minister of foreign relations, the direction that they should proceed on their mission was on your part a completion of the measure, and manifests the sincerity with which it was commenced. We offer up our fervent prayers to the Supreme Ruler of the Universe for the success of their embassy, and that it may be productive of peace and happiness to our common country. The uniform tenor of your conduct through a life useful to your fellow-citizens and honorable to yourself gives a sure pledge of the sincerity with which the avowed objects of the negotiation will be pursued on your part, and we earnestly pray that similar dispositions may be displayed on the part of France. The differences which unfortunately subsist between the two nations can not fail in that event to be happily terminated. To produce this end, to all so desirable, firmness, moderation, and union at home constitute, we are persuaded, the surest means. The character of the gentlemen you have deputed, and still more the character of the Government which deputes them, are safe pledges to their country that nothing incompatible with its honor or interest, nothing inconsistent with our obligations of good faith or friendship to any other nation, will be stipulated.

We learn with pleasure that our citizens, with their property, trading to those ports of St. Domingo with which commercial intercourse has been renewed have been duly respected, and that privateering from those ports has ceased.

With you we sincerely regret that the execution of the sixth article of the treaty of amity, commerce, and navigation with Great Britain, an article produced by a mutual spirit of amity and justice, should have been unavoidably interrupted. We doubt not that the same spirit of amity and the same sense of justice in which it originated will lead to satisfactory explanations, and we hear with approbation that our minister at London will be immediately instructed to obtain them. While the engagements which America has contracted by her treaty with Great Britain ought to be fulfilled with that scrupulous punctuality and good faith to which our Government has ever so tenaciously adhered, yet no motive exists to induce, and every principle forbids us to adopt, a construction which might extend them beyond the instrument by which they are created. We cherish the hope that the Government of Great Britain will disclaim such extension, and by cordially uniting with that of the United States for the removal of all difficulties will soon enable the boards appointed under the sixth and seventh articles of our treaty with that nation to proceed and bring the business committed to them respectively to a satisfactory conclusion.

The buildings for the accommodation of Congress and of the President and for the public offices of the Government at its permanent seat being in such a state as to admit of a removal to that District by the time prescribed by the act of Congress, no obstacle, it is presumed, will exist to a compliance with the law.

With you, sir, we deem the present period critical and momentous. The important changes which are occurring, the new and great events which are every hour preparing in the political world, the spirit of war which is prevalent in almost every nation with whose affairs the interests of the United States have any connection, demonstrate how unsafe and precarious would be our situation should we neglect the means of maintaining our just rights. Respecting, as we have ever done, the rights of others, America estimates too correctly the value of her own and has received evidence too complete that they are only to be preserved by her own vigilance ever to permit herself to be seduced by a love of ease or by other considerations into that deadly disregard of the means of self-defense which could only result from a carelessness as criminal as it would be fatal concerning the future destinies of our growing Republic. The result of the mission to France is indeed, sir, uncertain. It depends not on America alone. The most pacific temper will not always insure peace. We should therefore exhibit a system of conduct as indiscreet as it would be new in the history of the world if we considered the negotiation happily terminated because we have attempted to commence it, and peace restored because we wish its restoration. But, sir, however this mission may terminate, a steady perseverance in a system of national defense commensurate with our resources and the situation of our country is an obvious dictate of duty. Experience, the parent of wisdom and the great instructor of nations, has established the truth of your position, that, remotely as we are placed from the belligerent nations and desirous as we are, by doing justice to all, to avoid offense to any, yet nothing short of the power of repelling aggressions will secure to our country a rational prospect of escaping the calamities of war or national degradation.

In the progress of the session we shall take into our serious consideration the various and important matters recommended to our attention.

A life devoted to the service of your country, talents and integrity which have so justly acquired and so long retained the confidence and affection of your fellow-citizens, attest the sincerity of your declaration that it is your anxious desire so to execute the trust reposed in you as to render the people of the United States prosperous and happy.


Title: To John Adams from United States Senate, 9 December 1799
From: United States Senate
To: Adams, John

				Address of the Senate to John Adams, President of the United States.
					The President of the United States:
					December 9, 1799.

				Accept, sir, the respectful acknowledgments of the Senate of the United States for your speech delivered to both Houses of Congress at the opening of the present session.While we devoutly join you in offering our thanks to Almighty God for the return of health to our cities and for the general prosperity of the country, we can not refrain from lamenting that the arts and calumnies of factious, designing men have excited open rebellion a second time in Pennsylvania, and thereby compelled the employment of a military force to aid the civil authority in the execution of the laws. We rejoice that your vigilance, energy, and well-timed exertions have crushed so daring an opposition and prevented the spreading of such treasonable combinations. The promptitude and zeal displayed by the troops called to suppress this insurrection deserve our highest commendation and praise, and afford a pleasing proof of the spirit and alacrity with which our fellow-citizens are ready to maintain the authority of our excellent Government.Knowing as we do that the United States are sincerely anxious for a fair and liberal execution of the treaty of amity, commerce, and navigation entered into with Great Britain, we learn with regret that the progress of adjustment has been interrupted by a difference of opinion among the commissioners. We hope, however, that the justice, the moderation, and the obvious interests of both parties will lead to satisfactory explanations, and that the business will then go forward to an amicable close of all differences and demands between the two countries. We are fully persuaded that the Legislature of the United States will cheerfully enable you to realize your assurances of performing on our part all engagements under our treaties with punctuality and the most scrupulous good faith.When we reflect upon the uncertainty of the result of the late mission to France and upon the uncommon nature, extent, and aspect of the war now raging in Europe, which affects materially our relations with the powers at war, and which has changed the condition of their colonies in our neighborhood, we are of opinion with you that it would be neither wise nor safe to relax our measures of defense or to lessen any of our preparations to repel aggression.Our inquiries and attention shall be carefully directed to the various other important subjects which you have recommended to our consideration, and from our experience of your past Administration we anticipate with the highest confidence your strenuous cooperation in all measures which have a tendency to promote and extend our national interests and happiness.

					Samuel Livermore, President of the Senate pro tempore.


Title: From John Adams to United States House of Representatives, 10 December 1799
From: Adams, John
To: United States House of Representatives

					Gentlemen of the House of Representatives:

					United States, December 10, 1799.

				This very respectful address from the Representatives of the people of the United States, at their first assembly after a fresh election, under the strong impression of the public opinion and national sense, at this interesting and singular crisis of our public affairs, has excited my sensibility and receives my sincere and grateful acknowledgments.As long as we can maintain with harmony and affection the honor of our country consistently with its peace, externally and internally, while that is attainable, or in war when that becomes necessary, assert its real independence and sovereignty, and support the constitutional energies and dignity of its Government, we may be perfectly sure, under the smiles of Divine Providence, that we shall effectually promote and extend our national interest and happiness.

The applause of the Senate and House of Representatives, so justly bestowed upon the volunteers and militia for their zealous and active cooperation with the judicial power, which has restored order and submission to the laws, as it comes with peculiar weight and propriety from the Legislature, can not fail to have an extensive and permanent effect for the support of Government upon all those ingenuous minds who receive delight from the approving and animating voice of their country.

					John Adams.


Title: From John Adams to United States Senate, 10 December 1799
From: Adams, John
To: United States Senate

					Gentlemen of the Senate:

					United States, December 10, 1799.

				I thank you for this address. I wish you all possible success and satisfaction in your deliberations on the means which have a tendency to promote and extend our national interests and happiness, and I assure you that in all your measures directed to those great objects you may at all times rely with the highest confidence on my cordial cooperation.

The praise of the Senate, so judiciously conferred on the promptitude and zeal of the troops called to suppress the .insurrection, as it falls from so high authority, must make a deep impression, both as a terror to the disobedient and an encouragement of such as do well.

					John Adams.


Title: From John Adams to United States Senate, 11 December 1799
From: Adams, John
To: United States Senate

Gentlemen of the Senate
United States December 11 1799

I nominate Obadiah Trimmier of South Carolina to be a Commissioner of Valuations in the third Division of that state in the place of Robert Anderson resigned.
Julius Nicholls Junior of South Carolina to be Inspector of survey Number three in that state, in the place of Eugene Brenen, whose Commission will expire at the End of the present session of the Senate

John Adams


Title: To John Adams from Oliver Wolcott, Jr., 11 December 1799
From: Wolcott, Oliver, Jr.
To: Adams, John

Decr. 11. 1799

The Secretary of the Treasury respectfully submits to the consideration of the President of the United States, the following observations upon the measures proper to be taken for obtaining an explanation of the 6th. article of the Treaty with Great Britain.
It is believed, that the Letter of the Attorney General to the President dated August 1st 1799 contains a just and candid Statement of objections against the opinions declared by three Comrs. and that the explanatory article as proposed, is well calculated to support the construction which has been maintained on the part of the United States.
But it may be reasonably doubted whether the British Government can be induced to concur in a Treaty which would expressly contravene the principles of distinct decisions formed by a majority of the Board; or if this objection should not be deemed of much importance, it may be presumed, that it will be exceedingly difficult to engage its assent to propositions, the effect of which upon certain classes of claims, can only be ascertained by a laborious and minute investigation.
While therefore it is admitted that a draft such as has been proposed, will be essentially necessary for the information of the American Minister, it appears proper that an attempt be made to comprize the whole subject in a few general propositions, reconcileable with the terms of express engagements in former Treaties, and applicable to the subjects of controversy, according to principles clearly indicated by candour justice and good faith.
With a view to objections which may be made against the form of the proposed article and to illucidate the principles proper to be asserted by the Government The following ideas are submitted in the form of a draft of instructions to the American Minister in London.
The proceedings contemplated by the 6th. article of the Treaty of Amity, Commerce and Navigation concluded between the United States and his Britannic Majesty, having been interrupted in consequence of an essential diversity of opinion between the Commissioners named on the part of the United States, and the other members of the Board; the President has determined to propose that the true interpretation of the said 6th Article be settled by such a mutual and friendly explanation, as will give full effect to the just engagements, which were understood to have been thereby formed on the part of the United States.
In pursuance of this determination you will receive herewith a special Commission investing you with full powers to enter upon the proposed negociation, and to conclude the same according to this Letter of Instructions.
That you may be fully informed of the points in dispute you will recieve duplicate Copies of a representation made to the President by the Attorney General dated Aug 1st. 1799. with two collections of documents comprizing the arguments of agents; the opinions of members of the Board and the decisions adopted by a majority of the Commissioners. It is believed that these papers, contain every thing essential to be known; and as the Government is determined that its proceedings shall be marked with perfect candour, the whole or any part of them, may if you
It would be unwise and improper to revive discussions respecting differences which have been formally terminated by reciprocal stipulations; in the spirit which dictated the first article of the Treaty of Amity & as a  part of the United States, of various lawful impediments since the Treaty of Peace, not only the full recovery of debts bona fide contracted before the peace, and due to divers merchants & other subjects of his Britanic Majesty at the date of the Treaty of Amity had been delayed, but also that the value & security thereof had been impaired & lessened, so that by the ordinary course of judicial proceedings, the British Creditors could not at the date of the Treaty of Amity, obtain full and adequate compensation for the losses and damages, which they had sustained, & that compensations are justly due by the United States, for all losses and damages, which were occasioned by the operation of such lawful impediments, subsequent to the peace and prior to the promulgation of the Treaty of Amity.
In the interpretation of the above mentioned engagement, the following principles and to be asserted & admitted.
1st. It is to be admitted, that all legislative Acts passed during the War, which by the decisions of Courts were held to be in force after the peace: & all legislative Acts passed subsequent to the peace, which suspended or denied a right of action in law or equity, to persons who were on the side of his Britannic Majesty during the late War, within the true intent and meaning of the 4th. Article of the Treaty of peace, for the recovery of debts contracted before the peace; or which required them to recieve payment of such debts by Installments; or which debarred them of recovering, the whole principal and whole Interest, secured by the original Contracts; or which declared that judgements obtained by such persons, might or should be satisfied with less than the full value in sterling money of the sums due by such Contracts; were lawful impediments, within the meaning of the Treaty of Amity concluded in 1794.
It is also to be admitted that the decisions of the highest Courts of law or equity of any state, if any have been pronounced at any time after the peace and prior to the promulgation of the Treaty of 1794. Whether upon a writ of Error, or demurrer; or delivered as the opinion of the Court in charge to a jury; or upon a special verdict returned by a jury, whereby it has been declared to be a rule of Law, with or without reference to the Treaty of Peace, that persons on the side of his Britannic Majesty during the late war within the true intent and meaning of the  article of the Treaty of Peace, whether residing or having Agents in the United States during the War, or otherwise; were not entitled to recover the value in sterling money of the whole Principal and whole Interest secured by Contracts made prior to the peace, or whereby it has been declared that such persons ever liable to any delays, impediments or disabilities, in consequence of their national character; were lawful impediments within the meaning of the Treaty of 1794, while such decisions remained unreversed or uncontrouled by any subsequent decision or legislative Act passed within such state.
It is sincerely believed and maintained on the part of the United States, that no obstruction to the recovery of debts, other than such as have been enumerated, can be properly denominated lawful impediments; and in particular, that erroneous decisions of inferior Courts; mistakes alledged to have been comitted by Juries; popular prejudices; partial and temporary commotions; or fraudulent or litigious practices of debters are not of that description. National Compacts are to be construed in a manner susceptible of execution; it is odious to presume, that a nation has promised what it could not perform; no nation can engage that the decisions of its inferior tribunals, shall never be reversed, or in other words, that they shall be free from Error; it was not stipulated, that British subjects or Citizens of the United States should be deprived of a right of trial by Jury; that all the American debtors should be honest men, or that they should concur in opinion with the British Creditors respecting the justice & amount of their demands: and it is both odious and absurd to presume that the United States stipulated to controul the decisions of Juries, to suppress national prejudices or prevent occasional tumults: while it would be unwarrantable to affirm that British subjects, have not at some periods and in particular Districts suffered injury from these causes; it may be asserted that the Interests of American Creditors have though perhaps in a lesser degree been similarly affected; that all virtuous men have deplored these evils and have uniformly exerted their influence & authority to mitigate their effects.
It is to be asserted that the concession above made contains every thing required by candour terality or truth; for the effects of the lawful impediments above defined, the United States will be responsible; but it can never be admitted that Justice has not been purely & correctly administered according to principles publickly proffessed by the Govt; or that compensations are due upon principles which derogate from the character of the people; if general conclusions have been drawn by individuals from particular events, contrary to what is above declared, they are to be attributed to prejudices similar to those erroneously imputed to the American Nation.
2d. It is to be asserted that the United States are in no case liable to make compensation for a debt due by any person, who was insolvent at the date of the Treaty of Peace.
The truth and equity of this proposition require no illustration: no express or even implied engagement is contained in the Treaty of peace or the Treaty of Amity, that the United States should be responsible for insolvencies which happened during the War; the general rule of the Law of Nations on this point is; that the state in which things are found at the date of a Treaty of peace is lawful, and not to be varied, unless in pursuance of some express engagement.
3d. It is to be asserted, that the United States are in no case responsible to make compensation for any debt, where the Debtor was solvent during a reasonable time after lawful impediments, as defined by the first article, ceased to operate in the State in which such Debtor resided; nor for any debt of an amount cognizable by the Courts established by authority of the United States, where the Debtor was solvent during a reasonable time after such Courts were established nor for a debt of any description, where the Debtor was solvent at the Date of the promulgation of the Treaty of Amity; nor where the Creditor may be solvent at the time of decision on the claim for compensation; except in cases where the right of Action against the Debtor shall have been barred by judicial decisions in the particular cases pursuant to some principle declared to be a lawful impediment contrary to the Treaty of Peace.
The principles assumed by this article of construction are: that the United States and his Britannic Majesty were equal parties to the Treaty of Amity; that it is a compact containing stipulations for reciprocal indemnities; that it cannot be justly construed to impose a penalty on either party; that the United States are not responsible for all losses sustained by British Creditors; that they have not assumed the trouble risque and expence of collecting debts, which the Creditors can themselves collect; that compensations are only due for losses and damages occasioned by the operation of lawful impediments, while such impediments existed.
That the Treaty of Amity is not susceptible of a penal construction, is evident from the whole tenor of the instrument; & from the clause in the 6th article containing the direct engagement of the United States, but is also particularly manifest from the restrictive declaration. That it is distinctly understood that compensations shall extend to such losses only as have been occasioned by lawful impediments and that they are not to extend to losses occasioned by such insolvencies of the debtors or other causes, as would equally have operated to produce such losses if the said impediments had not existed; nor to such losses and damages as have been occasioned by the manifest delay or negligence or wilful omission of the claimant.
It being assumed for truth that the United States are responsible only for losses occasioned by lawful impediments, and the nature of these impediments having been defined, it remains to be considered, whether the article under consideration, contains a just and reasonable provision in favour of British Creditors.
Here it is necessary to premise, that prior to the establishment of the present constitution of the United States, all legislative and judicial powers, relative to the payment or collection of debts, were exercised by the authority of the individual States; Under this political organization, which however was known and recognized by the parties to the Treaty of peace, uniformity of legislation or of judicial decision on questions in any degree doubtful, was found impracticable; & the obligations of the said Treaty were accordingly variously understood and observed. It is admitted that lawful impediments have existed, and that the United States are responsible for the losses arising therefrom wherever they have occurred; it is however certain that these impediments were various in their nature and produced different effects in different states; & that they were either mitigated or wholly removed in some states, while in others they existed in full force.
It results from the facts above stated, that the effects of legal impediments ought to be considered with reference to the statutes and judicial decisions of each of the individual states, which prior to the establishment of the Constitution of the United States, were in fact independent and coordinate authorities.
The inconveniences arising from the collisions of state Laws and judicial decisions, upon subjects of general concern to the United States, and particularly in respect to the execution of the Treaty of Peace are well known to have operated as powerful inducements to the establishment of the existing Constitution. By this national compact it is declared that Treaties shall be the Supreme Law of the Land; and that the Judges in every state shall be bound thereby any thing in the Constitutions and Laws of any state to the contrary notwithstanding.
But although the obligation of Treaties was solemnly acknowledged by the acceptance of this Constitution, it is not desired on the part of the United States, that the British Creditors should be satisfied with less, than a practical and efficient remedy for the recovery of their debts. Some time would certainly be necessary to effect a transition from the antient to the new system. The adoption of the Constitution & the establishment of Judicial Courts by the United States, were acts of great notoriety; it is however proposed and assumed as an equitable interpretation, that the responsibity of the United States for insolvencies shall be deemed to have continued for such a reasonable time after lawful impediments ceased in the respective states, as will justify a presumption that the British Creditors, were apprized of the revival of the legal remedies to which they were entitled and also in respect to claims cognizable by the Courts of the United States, for a reasonable time after the said Courts were established; it being understood however that the responsibity of the United States, shall in no case be deemed to have continued after the promulgation of the Treaty of Amity as a Law of the Land.
The foregoing is sincerely believed to be a true & candid exposition of the meaning of the Treaty, in the point under consideration; but if the construction be admitted still a diversity of opinion may arise respecting the reasonable time, during which the responsibility of the United States for insolvencies should continue; it is for the pecuniary Interest of the United States that the period should be as limited as possible; a superior Interest, requiring that the article be executed with liberality, and without a renewal of unpleasant discussions; to render a point certain which must now depend on the judgement and discretion of the Commissioners, you will consider yourself authorized to engage, that the responsibility of the United States, for all insolvencies shall be deemed to have continued during a period not exceeding nine months after lawful impediments, shall be found to have been removed, in each of the cases before described, during which period no delay, negligence or omission, shall be imputed to the British Creditors, in derogation of their claims for compensation.
The point under consideration being one, respecting which the most essential diversity of opinion has existed; it is necessary to examine the grounds upon which an adverse construction has been maintained.
The Majority of the Board of Commissioners are understood to have expressly decided that compensations may consistently with the Treaty of Amity be awarded against the United States, not only on the ground of the insolvency of the debtors at certain periods, but also that such awards may be made where the debtors were solvent at or since the date of said Treaty, or are still solvent, in all cases where a Majority of the said Commissioners shall declare themselves satisfied from evidence, that by the existing Law, as it was then established and declared at the date of said Treaty full and adequate compensation could not them be obtained in the ordinary course of judicial proceedings.
It is moreover understood, that the words “cannot now obtain,” or rather the single word “now” in the declaratory part of the 6th article of the Treaty of Amity, is avowed to be the ground upon which the above conclusion is founded. It is declared that by force of this expression, the Commissioners are warranted in forming a system of rules declaratory of the obligations of the 4th article of the Treaty of Peace, of deciding on the nature of the lawful impediments which existed prior to and at the date of the Treaty of Amity; of ascribing to such impediments the now payment of all debts due to British Creditors, unless it be specially shewn on the part of the United States that such new payment ought to be ascribed to “other causes” within the meaning of the restrictive declaration in the said 6th. article; but also of declaring that by the Treaty of Amity certain rights were compleatly vested in the British Creditors in consequence of what the Board may determine to be the state of things at the date of sd. Treaty, comprehending as well the state of the Law as the situation of the debtors and on the ground of rights which may be so declared to be vested, of exempting all British Creditors whose cases may fall within the purview of the rules so established, from resorting to their Debtors or claiming their rights in the Courts of the United States.
It is manifest that nothing can be more dissimilar than the interpretation adopted by the Majority of the Commissioners from that herein before asserted on the part of the United States; and it is hoped that satisfactory explanations will be effected, without recurring to the proceedings of the Board; if however the construction of the three Commissioners should be urged by the Minister of his Britannic Majesty as the basis of settlement it will be your duty to represent with temper but at the same time with decision, that the engagement in the 6th. article of the Treaty of Amity is viewed only as an honourable stipulation to repair losses actually sustained by the subjects of his Britannic Majesty, during a period, when certain unexplained differences subsisted between the two nations; that the Government can never permit it to be executed in a manner calculated to reflect on the good faith of the Nation at any period, or upon principles which imply any existing defect of power, wisdom or integrity in its tribunals of Justice.
It is deemed no imputation upon the honour of the United States to admit that lawful impediments prevented the execution of the 4th article of the Treaty of Peace, nor that various opinions prevailed at different times in the same state and in different states, respecting the fitness or expediency of creating or continuing such impediments; it was impossible that a considerable number of independent legislatures however virtuous & sincere should concur in opinion respecting the nature & extent of the national rights, or in the policy of all the measures which resulted from their conflicting opinions: It is notorious that the Treaty of Peace was not fully executed on the part either of Great Britain or of the United States; and neither Nation has or can be brought to admit that they were chargeable with the first infraction; without admitting that odious inferences can be drawn from the declaration, it is however asserted, that the Treaty of Peace has invariably been considered as a Law of the Land, by the national Legislature and the Courts established under the present Constitution & that it has never been infracted by either in a single particular; the causes which led to infractions by the individual states, were happily divided by the reciprocal stipulations contained in the Treaty of Amity, the United States are in consequence bound to repair the losses directly occasioned by such infractions; and it is admitted, upon principles of a liberal construction, that this responsibity may possibly have continued in some cases exclusively cognizable by the state Tribunals, till the promulgation of the said Treaty by the President of the United States: no further concession can be made.
But notwithstanding the truth and justice of these principles is deemed entirely evident, the inadmissible doctrine has been maintained that not only losses which arise during a time when national differences existed, are to be repaired, but that the United States, have moreover assumed the payment of monies due by individuals who are still solvent & amenible to their Creditors in the tribunals of Justice.
As if it was intended to support a construction the most injurious to the United States, by arguments the most offensive and humiliating, a Majority of the Commissioners, instead of applying their own principles to the particular cases submitted to their examination, have chosen to consider themselves as a censorial inquisition: the opinions of Judges and other eminent public characters have been cited and compared, with the view on one hand to enlarge the claims of Individuals founded on the 4th. article of the Treaty of Peace and on the other to multiply and increase the effect of the lawful impediments for which the Government is held to be responsible; these opinions have not been stated as justice required, with reference to the circumstances under which they were advanced, of which no person not conversant with American transactions can be accurately acquainted; no allowance has been made for the influence of statutes or of judicial precedents, nor for the results of independent systems of legislation; it seems not to have been perceived that the decisions of upright Judges would necessarily vary with every charge in the Laws by which their conduct was to be regulated; indeed the decisions of inferior as well as of Superior Courts, decisions which on review have been reversed as well as those which have been established, have equally been deemed authorities from which impediments might be inferred or by which claims might be supported. From such materials a system of general rules has been framed, tending to fix imputations of inconsistency weakness or bad faith, upon the legislative & judicial Councils of our Country, & to aggravate the burden of compensations to be made by the Goverment in proportion to the liberality of judicial decisions in favour of British Creditors.
If a discussion of this subject should become necessary, the facts upon which the foregoing observations are founded, will be disclosed from the documents herewith transmitted. We trust a single observation will suffice as a comment; we emulate the just pride & satisfaction of the British Government when contemplating the dignity wisdom & purity of their Courts & adhering to their maxims, are determined to preserve to the American tribunals, an unsullied Honor.
The descriptions of persons who are to be considered as on the side of his Britannic Majesty, within the true intent and meaning of the 4th article of the Treaty of Peace and who are of course to be admitted as Claimants to compensations under the 6th article of the Treaty of Amity, are next to be considered.
The discussions which have taken place relative to the epoch of the independence of the United States are deemed to have been totally irrelevant to any question submitted to the Board of Commissioners, and it is much to be regretted that the harmoney of their proceedings has been disturbed by a question of this nature; as the point has occurred, it is satisfactory to find, that the controversy did not originate on the part of the Commissioners and Agents named by the United States & that the real question is susceptible of an adjustment without calling in question the public declarations derogating from  the rights or honor of either of the parties.
Prior to the year 1775, the Inhabitants of the Countries which now constitute the United States, were objects of his Britannic Majesty: a war commenced that year between the said Inhabitants on one part, & his Majesty on the other; the nature of this war was differently defined by the two parties; it was however terminated in the year 1783, as a National War, between independent Sovereignties.
By the Treaty of Peace his Majesty acknowledged the United States “to be” independent; the terms in which the acknowledgment was made, were satisfactory to both parties & it is admitted that no other declaration, can be expected or ought now to be required by the United States.
But it cannot be inferred from the refusal or omission of his Britannic Majesty, to consent to a retrospective acknowledgement of the Independence of the United States, in derogation of the acts of his government during the War, that the United States have retracted or modified their Acts and public declarations during the same period; the propriety of an opposite deduction and of  the imprudence of agitating a question upon which no concert of opinion could possibly be formed are therefore too evident to require an argument.
Discarding therefore the epoch of the independence of the United States, as an unsuitable criterion by which to determine the rights of the claimants; reference will be had to the real condition of the two parties, considered in a state of absolute political equality, during the continuance of the public war, and at the date of the Treaty of Peace.
It cannot be denied that as soon as the War commenced two parties or sides were formed; the powers of Government were exercised and have since continued to be ever  and by both of these parties; it will not be contended that the acts or declarations of either party, can be controuled or disparaged by the other & it is certain that as municipal regulations, they are to be regarded by both as of equal authority validity & effect.
By the Treaty of Peace and as a necessary consequence of the peculiar nature of the war, four descriptions of persons were recognized; 1st Citizens of the United States; 2d. Real British subjects; 3d. Persons resident in Districts in the possession of his Britannic Majesty’s arms, who had not borne arms against the United States & 4th persons of any other description.
There appears to be no difficulty in defining the four classes of persons above mentioned; in the first were included the great body of the inhabitants of the Country who were attached to the American side of the War, who submitted to the Governments then established; the second, included the subjects of his Majesty who had not resided or been domiciliated in the United States during the War; the third comprized individuals who resided within the United States, at the commencement of, or at some period during the war, and who voluntarily joined the side of his Majesty, or who happened to reside in Districts under his command without taking up Arms against the U. States; The fourth is a general description comprizing all other persons, but really intended to include such individuals only, as had resided or been domiciliated in the United States, and who during the War, joined the side of his Britannic Majesty & bore Arms against the United States.
The distinctions above mentioned and which are recognized in the Treaty of Peace, are founded in the nature of things; to comprize the three last Classes in and descriptions, would be to violate the most fixed principles of human nature: The two first, though not perfectly united in sentiment, were in the aggregate mutually considered merely as National enemies; the third was a mixed Class of Americans composed of men who voluntarily joined the side of his B. Majesty, but without bearing arms, or of men who by the fortune of war fell under his power & direction, their situation, general character, and the means which they possessed of acquiring information in the Country, could not fail to expose them to the particular suspicion of the American Government. The Individuals of the fourth description were considered not only as public enemies, dangerous from their character influence & example, but also as deserters from the cause espoused by their Country.
With respect to the description of persons denominated “real British Subjects” no objection can or ought to be made; it is admitted that they are entitled to claim compensations under the 6th. article of the Treaty of Amity and the United States will pay the sums which may be awarded in pursuance of a just interpretation of that engagement.
But it is not perceived that any principle can be adopted consistently with the honour of the United States, by which the third and fourth Classes, comprehending the individuals usually denominated Loyalists & Refugees, can be excempted from the fortune allotted to them by the Laws of their Country, during the War. In declaring this determination the Govt is influenced by no vindictive sentiments; the pecuniary Interests affected by the decision are of inferior moment; the primary consideration affects the validity of the social obligations held to have been contracted during the late War; these obligations must not now, or at any future time be drawn into question.
It being however certain that the honour of the United States requires nothing inconsistent with liberality or moderation, it may be admitted that all Subjects of his Britannic Majesty, who were not inhabitants of, or domiciliated in the territories which now constitute the United States, at the commencement of the late War; all persons resident within the said territories during the whole or any part of the said War, who at the commencement thereof held Commissions or appointments under his Britannic Majesty as Officers in the Civil Military or Naval Departments of his Government, and in addition to the above mentioned descriptions, all other persons resident within the said territories, who at any time during the War joined the side of his Britannic Majesty, with the consent of the existing Government or without having thereby violated any public Act of the State in which they resided; are to be considered as having been on the side of his Britannic Majesty within the true intent & meaning of the 4th article of the Treaty of Peace.
It is believed that the principles assumed in the foregoing definition of British Subjects as distinguished from American Citizens are justified by the law of nature and nations and the Spirit of the Treaty of Peace. Although the obligations of Allegiance & Patriotism are generally consistent, yet it is certain, that they are sometimes irreconciliable; the case of a war having for its object the division of an Empire, must necessarily render these engagements incompatible; & the diversity of opinion respecting the relative force of these duties must be admitted to be the real cause of every such War, in all discussions, where the political equality of the parties is conceeded.
From a just respect to the political equality of the two nations, it is therefore admitted, that the Individuals, who held Offices under his Britannic Majesty, at the commencement of the War, are to be presumed to have remained attached to his cause whereever they resided, and that all other persons were free to make their election, untill they were positively restrained, by some regulation of the Government to which they were actually subject. By establishing this criterion, all difficulties will be avoided: the two parties will be distinguished by the circumstances which really existed: the Acts & declarations of both instead of being disparaged, will be regarded as of equal validity within the spheres of their respective influence; odious constructions will be prevented, more especially the inadmissible doctrine will be rejected, that Acts for combining the public force & preventing defections during a state of War, are immoral & unjust, or that the declared obligations of allegiance & patriotism, can ever be absolved by desertion.
5th. It appears to be the prevalent opinion of the Judges of the United States, that the rights of British subjects to recover their Debts, were revived by the 4th article of the Treaty of Peace notwithstanding such debts were confiscated or sequesterd during the War. The Government will not contest an opinion thus sanctioned; it is proper however to mention, that the Judges have proceeded upon the general principle, that the Treaty not only contained a stipulation that there should be no future lawful impediments to the recovery of Debts due to British Subjects, but also that by a retrospective operation all mere impediments of Law, created during the War were repealed.
It will be seen from the documents herewith transmitted that under colour of the liberal contraction which has been adopted by the Judicial Dept, attempts have been made by a majority of the Board to extend the remedy provided by the Treaty of Amity to cases, which were adjusted judicially or otherwise with the consent of the Parties or their Agents, during the War: the effect of such a principle would be to give authority to the Board to revise transactions which were settled according to rules which governed in similar cases between Citizens of the United States & particularly to render the Government responsible for losses sustained by the depreciation of the public currency.
Notwithstanding the resolutions and arguments which appear in the proceedings of the Board, it remains uncertain, to what extent, the principle of revising settlements made during the war, was intended to be carried; & the event of an explicit understanding on this point, was one of the causes, which unhappily interupted the harmony of their proceedings.
On the part of the United States there will be perfect candour, and it must be admitted that the operations of the War were chiefly supported by issues of paper Currencies, which greatly depreciated in value; & that during a considerable period debts might lawfully be discharged in these Currencies and by other methods which inevitably subjected the Creditors to losses. Under these circumstances, it is too evident to require proof, that when Creditors recd. less than the real value of their Debts, they must have generally been influenced by considerations relating to the state of the Law, the situation of their Debtors & the probability of adverse future events; from the species of coercion arising from these causes neither American nor British Creditors could possibly be exempted.
But prior to the Treaty of Peace British Subjects could not maintain suits in the Courts of the United States; if therefore judicial decisions were made in cases to which they were parties their National character must have been excluded from consideration and they must have recd the same measure of Justice which was provided for Citizens of the United States; in effecting private settlements they must also have cooperated with a full expectation that these transactions would be attended with the usual consequences. It was impossible for them to have foreseen, that the recovery of their debts would have been governed by a special stipulation in the then future Treaty of Peace; indeed from the nature of things it must have been mutually understood by the Parties that every expectation of a future readjustment was expressly renounced.
It is sufficiently liberal on the part of the United States to admit, that Acts of confiscation passed during the war, shall be considered as having been annulled in respect to debts by the Treaty of Peace, & thence forward not liable to be considered as lawful impediments; to these Acts however the Creditors, never consented & this circumstance strongly discriminates claims arising therefrom, from these at present under consideration; the mischiefs which would result from a precedent for unsettling transactions deemed to have been adjusted & terminated during the War are incalculable; and if the principle herein controverted shall be advanced, it must be declared, that no payment settlement or act of any kind during the war, by which the claim of a Citizen of the United States, would under similar circumstances, be by the Courts of the U States determined to be barred, shall be deemed a lawful impediment contrary to the Treaty of Peace.
It has already been admitted that compensations are due in all cases where the right of action against the debtor, has been barred by judicial decisions pronounced subsequent to the Treaty of Peace pursuant to some principle admitted to be a lawful impediment contrary to the said Treaty.
It is presumed that the equity of the distinction hereby taken between decisions prior and subsequent to the Treaty of Peace is obvious—It is however certain that many, though not all, the decisions subsequent to the Treaty, ought to be deemed equally conclusive; it must have happened that numerous disputes have existed between the Creditors & Debtors respecting the merits of their mutual claims and which have been decided without reference to the National character of the Parties—indeed where the Law permitted a plea in derogation of the claim of a British Creditor as secured by the Treaty & such plea has not been advanced the omission of itself furnishes strong ground for presuming, that the decision was not influenced by any of the causes herein admitted to have been lawful impediments.
But candour requires that it be admitted, that difficulties exist in respect to private settlements made subsequent to the Peace, and during the existence of lawful impediments, for which no compleat remedy is percieved. It must be presumed that in some cases British Creditors, have consented to disadvantageous compromises with their debtors merely in consequence of such impediments, and if the cases thus circumstanced could be descriminated from others, justice would require that compensations should be awarded.
But though this concession is made on the part of the United States candour requires that it be equally admitted on behalf of the British Claimants that a general revision of the settlements made subsequent to the Peace, while lawful impediments prevailed, would not promote the cause of Justice. Some of the Acts which are admitted to have been lawful impediments, were adopted from necessity in consequence of the impoverished state of the Country after the War and they affected American equally with British Creditors. In numerous instances Creditors of both descriptions, from enlightened views of their own Interest, or influenced by considerations of justice towards their particular Debtors, have voluntarily renounced a part of their legal demands; the considerations which have induced such settlements, are too various & complex to be defined. It would be illiberal to suppose that generosity has not been frequently displayed by the Creditors & that Debtors have not been often found deserving of tokens of gratitude, but at the same time nothing is more certain, than that sentiments which powerfully influence the dealings of individuals are insufficient to prevent demands on a National Treasury.
It is moreover a notorious fact, that public securities and almost every other species of American property has greatly appreciated in value since the War; vast sums have passed into the hands of British Creditors under circumstances which have since more than indemnified their apparent losses; equity requires, that the whole subject should be considered & not those parts only, which would be brought into view, by the Claimants: it is evidently impossible to fix any safe or practicable limitation upon the principle of reviewing settlements if it should in any degree be admitted—to allow the Board to go at large into enquiries of this nature, would unavoidably expose the United States to the payment of unjust demands, collusively supported by the original Debtors and Creditors, which no vigilance could detect.
It being a fair objection to any interpretation of a Treaty that it necessarily exposes one party to great & remediless injury without producing to the other an advantage in any considerable degree equivalent, & it being assumed for granted, that the Treaty of Amity is not suceptible of a penal construction, it must be declared that no Award can be made, where the right of Action has been barred by any Release or Acquittance of the Creditor or his Agent.
The Govt being however sincerely desirous of rendering Justice and being satisfied that some losses must have been sustained, for which they would willingly make compensations, if the cases could be discriminated, by any proper rule, you will if it be positively refused by the British Govt to exclude the cases under consideration from the cognizance of the Board propose that the United shall pay not exceeding  in gross, for losses occasioned by private settlements, to be distributed as the British Govt shall judge proper; but this offer is not to be made untill it shall be ascertained that all other points in controversy can be satisfactorily adjusted.
6th. It is believed that the principles before mentioned embrace every essential point of construction upon which a diversity of opinion has arisen. It now remains for the Government to explain its sentiments of the rules of procedure necessary to be observed by the Board.
In treating of this division of the subject it is proper to premise, that the honour and Interest of both nations imperiously demand, that the article be executed to the satisfaction of both parties, and under the influence of a spirit of mutual candour & conciliation. The duties enjoined upon the Board, are of great intrinsic difficulty; it is estimated, that nearly fifty thousand distinct accounts are to be examined, comprizing the transactions of retailers scattered over an immense Country, during several years prior to the War. The present Claimants are in many instances Heirs or assignees of the original Creditors, who of course possess little or no knowledge of the transactions of the agents or Attornies, to whom the collection of the Debts has at different periods been entrusted: The most limited experience in business will suffice to satisfy any reasonable mind, of the uncertainty of claims so circumstanced: The aggregate amount is of serious importance to both parties; whatever is justly due under the engagement of the Treaty ought to be paid. But the United States cannot be expected to assume a heavy burthen of debt, without a strict examination. Both parties ought to consider themselves bound in honour to facilitate a speedy and equitable result, nothing being more certain than regulations founded on distrust, & fastiduous attention to matters of form and pundits, instead of a partient and systematical inquiries into the merits of the particular claims cannot fail to defeat the equitable intentions of the two Governments.
It must be asserted that the claimants shall prove three points, to bring their cases within the jurisdiction of the Board. 1st. That a debt was due to a British Subject at the date of the Treaty of Peace, 2d. That the Debtor was solvent during a reasonable time after the date of said Treaty; and 3d. That some lawful impediment to the recovery of the said Debt existed in the State in which the Creditor resided.
It will not be contended on the part of the United States that British Creditors are in all cases to be required to prove their Debts according to the strict rules prescribed for judicial proceedings. Such evidence as will satisfy a reasonable mind, of the justice of a claim ought to suffice. Claims founded on written Contracts ought to be supported by the production of such Contracts. Those founded on open Accounts should be proved by exhibiting the Books of original Entries. There can rarely be any difficulty in establishing the authenticity of Books of Accounts & any reasonable proof of such authenticity ought to be recd. The internal evidence resulting from inspecting a series of Accounts, will always determine the degree of Credit to which they are entitled. Claims founded on European transactions can be proved by exhibiting attested transcripts from the original Accounts, with Copies of the Invoices, & these can be frequently supported by the original Bills of Lading. The dates & particulars of claims must always which exhibited or otherwise it cannot be determined they they were not barred of recovery before the Treaty. Special cases may indeed be expected to arise, for which particular rules will be necessary, but in general no difficulty can exist with respect to the proof proper to be expected, from the British Houses concerned in foreign Commerce. In all cases the claimants ought to declare on Oath that they believe their claims to be just and that all Credits within their knowledge are disclosed.
The proof of the solvency of Debtors at particular periods, must from the nature of things be discretionary & in some cases doubtful. It can only consist of declarations of the belief respectable & impartial individuals. The proof of lawful impediments will result from public Records, & is liable to no uncertainty.
The agents of the United States ought to be allowed to adduce counter evidence relative to any facts alledged by the Claimants; or when the three points above mentioned shall be admitted to be well proved, still claims ought to dimissed, if satsifactory evidence shall be exhibited that the Debtors were solvent during a reasonable time after lawful impediments as herein before defined ceased to operate within the state.
The cases however where compensations are claimed in consequence of judicial decisions, pursuant to some principle declared & admitted to be a lawful impediment, there will be no necessity to adduce proof of the original debt; as the records and other memorials of the decisions, will furnish data, for determining the amount of the Awards.
The proof of solvency, to exonerate the United States from the payment of a claim ought to be of the same nature with that allowed to bring the case under the cognizance of the Commissioners.
It is not deemed necessary if the principles herein proposed should be adopted to require the Claimants to prove that they made personal demands of their debtors, or commenced suits during the existance of lawful impediments; it ought not to be supposed that they would incur expences without a prospect of advantage, & though they may have made personal demands the proof thereof may frequently not be within their power to command; on the contrary the “manifest delay, negligence, or willful omission,” which is to exonerate the United State, ought to be inferred from proof to be exhibited on their part, that the debtors were solvent when no impediments existed, or that they remain solvent at the time when the cases are under consideration by the Board.
In fine, the real business of the Board well understood and properly conducted, will be found to consist in a candid and persevering attention to two subjects—first an examination into the origin and value of the claims, second an equiry respecting the solvency or insolvency of the Debtors. Good sense and integrity, will clearly indicate the course of duty in both particulars though considerable time & exercise of much patience will be necessary to produce equitable results.
It will be clearly perceived by the British Govt. that a happy termination of the business under consideration is not to be expected from the present Board of Commissioners. It must therefore be proposed that other appointments be made by the two Government: as the fifth Commissioner was named on the part of his B. Majesty, the United States consent that three members of the new Board proposed to be instituted, shall be British Subjects to be named by his B. Majesty. The other two members will be appointed by the President of the US with the advice & consent of the Senate. No doubt is entertained that characters can be easily selected in both Countries conspicuous for talents & Integrity, who superiour to National prejudices, will delight in an opportunity of evincing to the world the equity of the two Governments. Assurances maybe given that characters will be designated on the part of the U States, with a sincere view to give full effect to the stipulations in the Treaty of Amity & under firm expectations that his B. M will in the choice of Commissioners on his part, manifest, equal sentiments of justice.
Such is the view which the President has after mature consideration taken of the engagement contained in the 6th article of the Treaty of Amity; and as the proceedings of the Board have been interupted by the secession of the Comrs. named on the part of the United States, he has deemed it incompatible with the honour of the Government to propose a negociation which shall in the least degree diminish the effect of the existing stipulation; on the part of his B. M it will not be desired that the engagement should be extended by an undue construction if the concurrence of the British Governt cannot be obtained to the principles herein asserted, the most positive assurances may be given that any arguments which may be adduced in support of the different interpretation, will be considered with respectful attention and presumably answered under the influence of those friendly sentiments which it is the sincere desire of the American Government to cherish & perpetuate between the two nations.
It may also be declared that the American Govt is far from desiring that the Treaty of Amity should receive a partial execution and that untill the 6th article shall be in a course of adjustment, it is preferred that the proceedings under the 7th article should remain suspended on the terms announced by his B. Majesty, which are entirely satisfactory.
All which is respectfully / by
Oliv. Wolcott


Title: From John Adams to United States Senate, 13 December 1799
From: Adams, John
To: United States Senate

Gentlemen of the Senate
United States Dec 13th 1799

In conformity with your recommendation, expressed in your resolution of March, 6th 1798 I have entered into a friendly negotiation with the Bey and government of Tunis on the subject of the 14th article of the treaty of peace and friendship between the U.S. and that power The result of that negotiation I now lay before the Senate for their considerationSigned

J. Adams


Title: To John Adams from François Adriaan Van der Kemp, 13 December 1799
From: Van der Kemp, François Adriaan
To: Adams, John

Sir!
Oldenbarneveld 13 Dec. 1799.

Since I was the last time honoured with your favour, I did not presume to interrupt Your Excellency’s occupations for a moment, more So, there I had nothing to communicate your attention. The boasted proposals of an intended refutation of your Defence—which then first will be valued according its intrinsic merit—after the high Station—which you now honour—Shall be no longer an allurement to vilify it by a thoughtless multitude—induced me to adress you once more.It may be that a performance may be executed, that you considered it worthy Some replÿ—and nevertheless incompatible with your rank to appear in person, to combat an anonymous or an obscure person—If you consider me, who Studied your work through and through adequate for Such a task, and desired to communicate your elucidations and remarks—I am happÿ of not being in the necessity to recommend you mÿ Character.
I should flatter me selves to deserve that distinction with which your Excellency so often was pleased to honour me. Will you condescend, to accept mÿ thanks with those of the best of this neighbourhood, for the grand sacrifices, which you made again to your country in Sending Ambassadors of peace to the French nation—notwithstanding the disapprobation of Some of your real admirers and the murmurs of yet a greater number pretended friends. I knowed that Adams was not be Sway’d by frowns or Smiles.
Permit me to recommend me to your kind remembrance and assure you, that I am with the highest Sentiments of profound respect / Sir! / Your Excellency’s / most obt. and obedient Servant

Fr. Adr. van derkemp


Title: To John Adams from Alexander White, 13 December 1799
From: White, Alexander
To: Adams, John

Sir
Leesburg 13th. Decr. 1799

Being overtaken by a Snow Storm at this place on my way from Washington to Winchester I embrace the opportunity which the leisure of a day affords, to communicate information which may perhaps be useful or satisfactory—In the letter from the Commissioners to the President of 21st Ulo. they express an opinion, that a good house in a convenient situation may be provided at the seat of Goverment for the use of the President until that intended for his permanent residence shall be finished. It was not thought proper in a public letter to be more particular; but the houses alluded to were, One building and in great forwardness near the Presidents Square, by Mr Taylor of Virginia, and two new houses built by Mr. Carroll and Mr Law, near the Capital—Any one of these three is better than the President of the U. States, as such, has resided in—
I am not authorised by any of those Gentlemen to make an offer, or to propose terms, but the fact I know to be as stated, that these houses are attainable, and I presume on moderate rent. It has been observed to me that the Word Vicinity in our letter abovementioned is of too vague a signification, and might be constrived to include George Town. I confess the word is rather of indefinite meaning Yet the manner in which it is introduced in that letter appears to me to exclude both George Town and the Presidents house; For myself I really in penning that letter, carried my Idea no further then the squares adjacent to the Capital Square; on which (in addition to a number of houses of some standing,) six large brick houses have been lately erected, and another is commenced, for Taverns and Boarding houses, exclusive of Mr Laws house abovementioned—Mr Law and Mr. Carroll are laying in materials, and preparing to build seven more large brick houses on the same Squares which they assure me will be finished in time for the accommodation of Congress—Thus without going further I think the Members of Congress will be better lodged than they ever have been; and certainly more convenient to the house of their Session—
Some of the Heads of Departments and Clerks of the Executive Officers, I am told have been content with houses in George Town, leaving a number of very good houses already built, and other building in the City, much more convenient to the Scene of their business untenanted; So that there seems no doubt of those branches of Goverment being satisfactorily accommodated—I expect to remain in Virginia about three weeks, and am with sentiments of the highest respects / Sir / Your most Obt Servt

Alex White


Title: From John Adams to United States Senate, 16 December 1799
From: Adams, John
To: United States Senate

Gentlemen of the Senate
United States Decr. 16 1799

I nominate Daniel Hall of Charleston South Carolina to be a Commissioner of Valuations in the first Division of that state in the place of John Huger Esqr resigned

John Adams


Title: To John Adams from Elbridge Gerry, 16 December 1799
From: Gerry, Elbridge
To: Adams, John

Dear Sir
Cambridge 16th Decr 1799

Whilst the late envoys were in Paris, they recommended Mr William Lee, in a letter to Mr Pickering, as a suitable character for a Consul; & it was expected, he would apply for the consulate of Bourdeaux, which it was then supposed would be vacant: & he now proposes to renew his application. being informed of this circumstance, & having, after the fullest enquiry, & conviction of his merit, joined in the former recommendation, justice requires that I should be explicit on the present occasion. Mr Lee, having been long in France, & acquainted with the language thereof, has obtained a thorough knowledge of it’s commerce. he has also conducted with such address & moderation in that country, as to manifest on all occasions a warm attachment to his own government, & particularly to the supreme executive, whilst he conciliated the friendship of respectable people in that quarter. his manners are naturally mild & humane, & his integrity, & candor, unimpeached: & he appears to me, a real patriot; but not a patriotic zealot. should he be nominated to the consulate of Bourdeaux, Havre, or to any other, consistent with his commercial pursuits, I think no one will give to the President & government in general, more satisfaction.
I cannot omit, on this occasion, to inform you, that your speech, at the opening of Congress, has given the fullest, the most compleat satisfaction in this quarter. it certainly unites with dignity, good policy, humanity, moderation, & justice. if, as has been hinted, an intemperate opposition stood ready to attack it in any vulnerable part, they are disappointed & mortified, & dare not manifest their unfriendly veiws. may God prosper your wise & prudent measures—
Mrs Gerry joins me, in best respects to your Lady, & requests your acceptance thereof; & be assured dear sir I remain with the / most perfect attachment / & respect Your / most obedt & very / huml Sert

E Gerry


Title: To John Adams from Timothy Pickering, 17 December 1799
From: Pickering, Timothy
To: Adams, John

Sir
Department of State:— Decr. 17th. 1799.

Agreeably to your direction the papers which were laid before you respecting John Marsden Pintard Esqr. Consul of the United States for the Island of Madeira, including his own communications to you, have been committed to the Heads of Departments and Attorney General for their examination and consideration: and their opinions thereon I presume will be submitted to you immediately: by own I have now the honor to enclose, and to be, with great respect, / Sir, / Your most obedt. servt.

Timothy Pickering


Title: To John Adams from James McHenry, 17 December 1799
From: McHenry, James,Stoddert, Benjamin
To: Adams, John

ca. 17 Dec. 1799

We have examined the papers in relation to Mr. Pintard, in the hands of the Secretary of State, including his exculpatory letters to the President, and to the Secretary of State.
It appears that Mr. Pintard while acting as Consul, carried on trade with parts of the Dominions of the Emperor of Morocco, at that time in Zebullion, and that he persisted in this trade after our Minister Mr. Humphreys had given notice, that the Emperor of Morocco had determined to consider such conduct in the Citizens of the United States, as cause of War, against the United States, thereby risking the Peace of his Country, contrary to his Duty not only as an Officer of the United States, but as a Citizen.
Mr. Pintards conduct appears to have been greatly reprehensible, considering his official situation, in covering as American, the property belonging to the subjects of Nations at War, particularly in the Trade to Cadiz, during the blockade of that place by the British.
We therefore take the liberty of advising, that Mr. Pintard be not appointed Consul for Malaga, and to add our opinion, that he ought not to be continued Consul at Madeira.

James McHenryBen Stoddert


Title: From John Adams to United States Army, 18 December 1799
From: Adams, John
To: United States Army

War Department 18th Decr. 18 Dec. 1799

The President, with deep regret announces to the army the death of its beloved Chief J. General George Washington. Sharing in the grief which every heart must feel for so heavy and afflicting a public loss, and solicitous desirous to express his high sense of the vast debt of gratitude which is due to the virtues talents and ever memorable services of the illustrious deceased, he directs, that funeral honours may be paid to him at all the military Stations, and that the officers of the army and of the several corps of volunteers will wear crape on the left arm by way of mourning for six months. Major General Hamilton will give the people directions necessary orders for the purpose carrying into effect the foregoing directions.
Given &c / by order of the President


Title: To John Adams from Oliver Wolcott, Jr., 19 December 1799
From: Wolcott, Oliver, Jr.
To: Adams, John

Decr. 19th 1799

The Secretary of the Treasury most respectfully reports to the President of the United States
That the facts stated in the Report of the Secretary of State dated Decb. 19th. 1799. in relation to the official conduct of John M. Pintard appear to be proved, and are in the opinion of the undersigned, of such a nature and tendency as render his removal from Office necessary.
All which is respectfully / submitted
Oliv WolcottSecy. of the Treasy.


Title: From John Adams to United States Congress, 19 December 1799
From: Adams, John
To: United States Congress

					Gentlemen of the Senate, and

Gentlemen of the House of Representatives,
					19 December, 1799.

				The letter herewith transmitted will inform you that it has pleased Divine Providence to remove from this life our excellent fellow-citizen, George Washington, by the purity of his character and a long series of services to his country, rendered illustrious through the world. It remains for an affectionate and grateful people, in whose hearts he can never die, to pay suitable honors to his memory.

					John Adams.


Title: To John Adams from Speaker of the House of Representatives, 19 December 1799
From: Speaker of the House of Representatives
To: Adams, John

					Sir:
					December 19, 1799

				The House of Representatives, penetrated with a sense of the irreparable loss sustained by the nation in the death of that great and good man, the illustrious and beloved Washington, wait on you, sir, to express their condolence on this melancholy and distressing event.


Title: To John Adams from Edward Tiffin, 19 December 1799
From: Tiffin, Edward,Vandenburgh, Henry
To: Adams, John

					Sir:—
					December 19, 1799

				The General Assembly of the Territory north-west of the River Ohio, believing that the highest reward which a virtuous

public officer can receive is the applause of his fellow-citizens, are anxious to embrace the earliest opportunity of declaring their confidence in your virtue and talents, and their approbation of your official conduct. With a degree of pleasure and exultation more easily felt than expressed, we review the history of your important life, replete with proofs of patriotic virtue. At a period which demanded more than ordinary firmness, we saw you step forward, the resolute supporter of your country’s rights. We witnessed your perseverance through the Revolutionary War, and to your firmness we attribute the enjoyment of the rich country we now inhabit. Having acted so conspicuous a part in the establishment of American independence, at the close of the arduous contest, which enrolled the United States on the record of nations, you might have retired to the shade of private life, and securely enjoyed the approbation of an upright mind and the applause of a grateful country, but, happily for America, you chose to continue in public life till the confidence of your fellow-citizens, at a critical moment, placed you at the helm of state; and permit us, sir, to assure you, that we are duly impressed with a sense of the wisdom, justice, and firmness with which you have discharged this important trust; and we take this early opportunity of assuring you, sir, of our sincere attachment to the American Constitution and Government, and of our determination to afford every possible support to both.

We believe that, regardless of the voice of party spirit which has striven to distract our national councils, you have kept the honor and happiness of the nation constantly in view; and we ardently pray that the Wise Ruler of nations may preserve your health and life.

					Edward Tiffin,
Speaker of the House of Representatives.

H. Vanderburgh,

President of the Council.


Title: From John Adams to United States Senate, 20 December 1799
From: Adams, John
To: United States Senate

Gentlemen of the Senate
United States December 20 1799

I nominate Copeland Parker Esq. of Virginia to be Surveyor and Inspector of the Revenue for the Port of Norfolk in that State in the place of Daniel Bedinger resigned.

John Adams