Title: To George Washington from John Churchman, 29 December 1791
From: Churchman, John
To: Washington, George

1791 December 29th

To the President of the United States of America the following Copy of a Memorial (with a hope it may be found worthy of Patronage) is respectfully submitted by the Subscriber.
To the Honourable Congress of the United States The Memorial of John Churchman Respectfully represents.
That on his application last year, to be enabled to perform a voyage to the northern magnetic point in Baffins Bay, there appeared a difficulty in the way, arising from the want of a fund for the purpose, this difficulty he hopes will disappear on considering the present prosperous state of the Finances.
Thus viewing with pleasure a better prospect of success, he is emboldened to trespass upon the patience of the present enlightened Legislature, & to crave their attention to this object, apprehending it difficult to describe at present one half of the many advantages which may arise to the public, from an enquiry into the nature of this subject.
To examine all the opinions of foreign learned Societies, received since last year would be too tedious, yet in offering a few of these hereunto annexed, he hopes not to be suspected of Ostentation, especially as one Letter concerns the members of Congress.

A Letter from the Princess of Dasch haw President of the Imperial Academy of Sciences at St Petersburg represents this as an important object.
The report made to the Royal Prussian Academy of Sciences & Belles Lettres at Berlin, by their appointed commissioners, says as to the proposed voyage being effected, it is for many reasons worthy of attention.
The report made to the Patriotic Encouraging Society of Arts & commerce at Hamburg by its commissioned members, & that published by the George Augustus University at Gottingen under the inspection of the Royal Society of Sciences there, are proofs of their approbation.
A Letter from the Royal Academy of Sciences at Lisbon, acknowledges the originality & usefulness of this Idea & scheme, & says that both highly deserve to be encouraged.
Other hints from a learned member of several literary Societies in Europe remarks that this expedition to Baffins Bay is much to be wished for.
A report of a committee of the Marine Society of this city may also be considered as a recommendation.
Altho some of the principles of Magnetism still remain a mystery, those already known are certainly of the greatest use to mankind, for if the Citizens of the United States are considered as being divided into two classes, the Landed interest & mercantile Interest, the theory of the magnet must be of the first consequence to each class of citizens, as well in fixing the boundaries of Land as in Navigation.
Do Americans dread any disgrace in case the proposed expedition should miscarry? Surely this would not be the first unsuccessful attempt.
If foreign countries were known to the ancients, they could be of little use, for want of a knowledge of the use of the magnet, which in modern times has brought the most distant nations to converse with each other. Now as the great use of the magnet is universally admitted, should this learned legislature hesitate to patronize the proposed voyage to the northern magnetic point, it is likely that other nations will take the lead.
As the expence will fall too heavy on an individual, it is the ardent wish of your memorialist, that he may not be obliged to quit his native country so dear to him, to seek for patronage in a

foreign Land, for want of so small a sum, as will be sufficient to bring this theory to the test.
At the last session it was also the prayer of your memorialist, that a supplement might be added to the “act for the encouragement of Learning by securing the Copies of Maps, Charts & Books, to the authors & proprietors of such Copies during the terms therein mentioned.” Apprehending the penalty for copying Maps & Charts was so very small, that any person might afford to pay it & have a much greater profit than the author or Proprietor, a committee was appointed to bring in a Bill, but a multiplicity of Business of consequence stood in the way last Session, should this matter now be thought worthy of notice, your memorialist will ever under many obligations hold himself in duty bound.

John Churchman


Title: To George Washington from Henry Knox, 29 December 1791
From: Knox, Henry
To: Washington, George

  War Department, Philadelphia, 29 Dec. 1791. Has the honor to submit letters of 19 and 21 October from Major General St. Clair received this day by the Fort Pitt post.


Title: To George Washington from Thomas Mifflin, 29 December 1791
From: Mifflin, Thomas
To: Washington, George

Sir
29th December 1791

I have the honor to enclose for your information a copy of a second memorial, which has been transmitted to me by the inhabitants of the frontier counties of Pennsylvania.
In my communication to the legislature upon this subject, I have suggested the propriety of furnishing the militia with an immediate supply of arms and ammunition; and my instructions to the lieutenants of the several exposed counties, will be to cooperate, in case of an emergency with the officers of the fœderal government, conformably to the plan of defence, which the secretary of War has described to me by your directions. I am with perfect respect, &c.


Title: To George Washington from William Moultrie, 29 December 1791
From: Moultrie, William
To: Washington, George

Dear & respected Sir
Charleston [S.C.] Decem. 29 1791

I have sent by the Baltimore Packet (that will sail tomorrow) to the care of Govr Howard the plants I did myself the honor to promise you; they are as follows, 2 boxes with sweet shrubs, 2 boxs with Italian Myrtle, 1 box with 2 opopynaxes, 1 box with two Olianders & 2 boxes with the Palmetto-Royal; they all stand our winters very well except the opopynax which must be housed, the seed of the Indian creeper I will send to yourself, if I have forgot any which I had promised I beg you will do the me the honor to let me know.
The unfortunate affair of Genl St Clair occasions much talk with us, we have had no official accounts, but what we have had is bad enough; I hope yours will be more favorable; the Indians will exult very much upon this second victory, and it will require a large Army to give them a check; especially as we have reason to believe that some whitemen are among them and perhaps from those Western Post that should be ours. I have the honor to be Dear Sir with the greatest affection & esteem Your most Obt humle Servt.


Title: To George Washington from David Shepherd, 30 December 1791 [letter not found]
From: Shepherd, David
To: Washington, George

Letter not found: from David Shepherd, 30 Dec. 1791. GW wrote to Shepherd on 25 Feb. 1792: “I thank you for the information which you have given me in your letter of the 30th of Decr.”


Title: From George Washington to the United States Senate and House of Representatives, 30 December 1791
From: Washington, George
To: United States Senate and House of Representatives

Gentlemen of the Senate, and of the House of Representatives.
United States [Philadelphia] December 30th 1791.

I lay before you a copy of the ratification, by the Commonwealth of Virginia, of the Articles of amendment proposed by Congress to the Constitution of the United States; and a copy of a letter which accompanied said ratification from the Governor of Virginia.

Go: Washington.


Title: Enclosure I: From James Wilson, 31 December 1791
From: Wilson, James
To: Washington, George

Sir
Philada 31st Decemr 1791.

By the House of Representatives of Pennsylvania I am empowered to “digest into proper Order and Form the Laws of that Commonwealth;” and “to report such Alterations, Additions and Improvements as the Principles and Forms of the Constitution may require.”
In this Work I have made some Progress; during which it has occurred to me, that a similar Work with Regard to the Laws of the United States might, with Propriety accompany that, in which I am engaged.
To you it is unnecessary to make any general Remarks concerning the immense Importance of a good Code of municipal Law.
There are two Circumstances, which induce me to think, that to the United States this Subject is peculiarly interesting.
1. Their Government is newly formed and organised. A good System of Legislation introduced into it now will have a salutary, a decisive and a permanent Influence upon its future Fortunes and Character. Good Principles, at least—Principles congenial to those of the Constitution—should be laid betimes as the Foundation of subsequent Regulations.
2. It is of much Moment that those Principles be established and ascertained, in complete and correct Theory, before they are called farther into practical Operation. The most intricate and the most delicate Questions in our national Jurisprudence will arise in runing the Line between the Authority of the national Government and that of the several States. A Controversy, which happens between

two Individuals, is considered and determined with Coolness and Impartiality, like a Question of Law. A Controversy, happening between the United States and any particlar State in the Union, will be viewed and agitated, with Bias and Passion, like a Question of Politics. For this Reason, the Principles and Rules, on which it must be determined, should be clearly and explicitly known before it arises.
To the happy Atchievment of such a Revolution as that of the United States, the foregoing Observations are applicable with a Force uncommonly striking and powerful.
I have intimated my Opinion, that a Digest of the Laws of the United States might, with Propriety, accompany that of the Laws of Pennsylvania. This Opinion is grounded on the following Reasons.
1. In the latter Digest, the difficult and delicate Line of Authority, which I have mentioned, must be run; and the Country lying on the Side of the Commonwealth must be explored and liberated. Can there be a fitter Occasion for exploring and delineating the Country, which lies on the Side of the United States? To explain and delineate the Country on both Sides is, perhaps, the best Mode of discovering and ascertaining, with Accuracy, the different Directions, which this Line ought to take. From one employed to do the Business on both Sides, Impartiality as well as Accuracy might be reasonably expected.
2. There is a peculiar Propriety in running the Line between the Government of the United States and that of Pennsylvania. Since the Establishment of the Constitution of the United States that of Pennsylvania has been made. With an express and avowed Reference to the Constitution of the United States that of Pennsylvania has been sedulously framed. It is probable, therefore, that the Directions, which the Line above mentioned ought to take, may be traced with a satisfactory Degree of Clearness as well as of Precision; and that neither Vacancies nor Interferences will be found, between the Limits of the two Jurisdictions. For it is material to observe, that both Jurisdictions together compose, or ought to compose only one uniform and comprehensive System of Government and Laws.
In what follows, I must speak concerning myself. I shall speak with Freedom and with Candour: I speak to a Friend as well as to a Judge.

If you think, that, at a proper Time, it ought to be “recommended” by you to the national Legislature, or the two Houses which compose it, to authorise one to prepare, for their Consideration, such a Digest as I have mentioned; I declare my Willingness, nay my Desire to undertake it.
I know, that I am unequal to the Task. I know, that, in performing it, I would not be able to attain even that Degree of Excellence, of which I myself can form an Idea.
My offer proceeds from the following Considerations. In the Formation of both Constitutions, that of the United States and that of Pennsylvania, I took a faithful and an assiduous Part. So far, therefore, as my Abilities can reach, I may be supposed to know their Principles and their Connexion; and the various Relations and Dependencies, which their Principles and Connexion ought to produce in the different Parts of Legislation. In the Study and in the Practice, too, of Law and systematic Politics, I have been engaged for a Time considerably long, and on a Scale considerably extensive. I am already employed in executing one Part of the great Plan: If I can command a tolerable Share of Success in that Part; I can command an equal Share in the other also. Nay, I believe, that both Parts can be executed together, better than either Part can be executed separately. Permit me farther to suggest, that my Deficiencies in Point of Abilities would, in some Degree, be compensated by the Ardour of my Inclination to acquit myself as well as possible in a Trust so honourable and so important.
This Ardour, believe me, would be greatly increased as well as gratified by executing this important and honourable Trust under your Auspices, and during your Administration; from which every Thing connected with them will receive and reflect a Lustre. With Sentiments of the most perfect Esteem and Attachment, I have the Honour to be, Sir, Your most obedient and very humble Servant

James Wilson


Title: To George Washington from Tadeusz Kościuszko, 1791
From: Kosciuszko, Tadeusz (Thaddeus) Andrzej Bonawentura
To: Washington, George

  [1791]. Has the honor “to pay my respects to my antient chief commander.”


Title: To George Washington from Peter Nelson, 1791
From: Nelson, Peter
To: Washington, George

[1791]

This address, no doubt will appear somewhat singular to your Excellency; & it is with reluctance, that I intrude upon a single moment of the little leisure, you must necessarily have from the service of the Public. But as a good man (& that this is your charater all ranks have consented) is pleased with opportunities of doing good, I have taken the liberty of recommending to your patronage a young man of good morals & some learning. He is desirous to study the Law, & is intirely destitute of fortune, but hopes through your interest to obtain the use of a Library for that purpose; & if it be not convenient for you to place him in the more elegible situation of studying the Law without interruption (as he has already arrived to the age of twenty four years, & has but little time to spare) he wishes to undertake the office of Sub-Usher in some of the public, or that of Usher in some of the private Schools in or about New-York; for either of which offices I think him sufficiently qualified. He has been under my care for several years past; but alas! he wants a patron under whose auspices he may become more eminently useful than he possibly could under my protection: his generous mind, I trust, aspires to nobler things than I, or his connections who are as destitute as himself can support him in. Pardon me for this intrusion to which I was drawn by the importunities of the young man mentioned & the distant hope of becoming serviceable to him & public by it. If you condescend so far as to answer this, you will increase the obligation by doing as soon as possible. If applications of this sort have not been too frequent, we humbly hope for success, as we have it in our power to give satisfactory testimonials of our candour & probity. I am, with cordial wishes for your welfare & success in your public administration, your friend

Peter NelsonRector of St Martins’ ParishHanover County Virginia


Title: To George Washington from John Hurt, 1 January 1792
From: Hurt, John
To: Washington, George

Sir
Colo. Marshalls (near Lexington [Kentucky District, Va.])Jany 1st 1792

The misfortunes of the last campaign have disturbed my mind so long, that contrary to my own inclination, or custom, of troubling you with letters—I am almost constrained to lay some matters before you as chief Magistrate.
I am sensible that volumes will be written to you, & others, on this occasion, by men of information & high rank—but if I am not mistaken these will be confined to matters of great consequence & importance. I shall therefore studiously avoid what appears to me the most likely to have already come to your ears: At the same time being impressed with an idea that seemingly trifling errors, grow into misfortunes & dangers if not corrected in time.
Taking it for granted then, that you have already had the best information respecting the important matters of the Army, I shall begin my trifling observations with the Cavalry; These were purchased near Fort Pitt for about 46 Dollars round—when they were purchased they were tolerable for the price, as plow, or cart horses; but, except in a few instances were not fit for the service. They were put into boats, & great plenty of oats sent down the river with them. Some times the boats with the horses would sink, & cause great hindrance; at other times those with the oats, so that they got damaged: in 6 or 7 days the mangers were almost eaten up, so that half the forage was wasted. These things never happen to private boats. However in 15 days they arrived at Fort Washinton, & altho a good deal reduced, were still tolerable; after a few days the 100 horses were put under the care of Capt. Snowden, who had been wounded while in Colo. Lee’s infantry, & being recommended by some in high office, the good Genl St Clair took it for granted was a proper officer for the Cavalry: I expressed my uneasiness at their approaching destruction more than ten times to the Adjutant general. (Genl St Clair being forced to go to Kentucky twice in the time) I dare say Capt. Snowden

is a good infantry officer. I am sure I am not prejudiced against him; but I was certain from his own account & proceedings he never would do for the Cavalry. However, he with 30 privates badly chosen, his quarter Master still worse, & to complete the matter, a horse farrier the meanest creature upon earth, who wanted to cut all the horses for the hooks, while descending the river, tho not a single horse had them; took the whole over the river where there was plenty of grass, they were turned out & in a few days there could not be found more than 25 or 30 of them—these were mounted to hunt for the rest, & some how or other they were all regained to about 20, which I believe are not yet found; They were then carried over the river again to Fort Washington & kept tyed up day & night in a bullock pen up to the ancles, or rather knees in mud eating damaged oats, beach logs, & fence rails in great abundance. Here several got the common distemper, & the whole, except a very few were reduced so much that they were not fit for pack horses. There was plenty of grain all this time at Fort Washington in the hands of Speculators & others at 3/ ⅌ bushel, or some what less in large quantities. However they were perished & perished again, & trotted, & galloped again, till about the last of Sepr when they were divided into two troops, & one of them given to Capt. Trueman, when they were not worth accepting—Had this officer or Capt. Pike had them at first they might have done some service—but they had better have been given one half to fatten the other than to have been marched in the order they were in. And altho I may not say another thing, worthy your reading, in this long heterogeneous, farraginous production, I will say one thing, because I believe there is no man on earth understands the truth of it better than yourself, “Parsimony in war, is destructive of military achievements.”
My fears of the improper treatment of the cavalry originated early, & I was once induced to mention it to General St Clair, who acknowleged that he never had been so mistaken or disappointed in an officer in his life as in Capt. Snowden.
Several reasons have concurred, in being thus circumstantial with respect to the cavalry, one was that perhaps from the nature of this war it will be necessary to augment them considerably; & should this be the case, I now, Sir, respectfully, but perhaps, with too much assurance, give you this timely warning, that there

must be other steps taken altogether, than those which have been practised.
The disadvantages attending the purchasing Cavalry upon the plan of the last campane is easily obviated by purchasing them in the District of Kentucky, where the proper sort may be had for between 50 & 60 Dollars round, delivered in fine order at any place or day convenient. Corn here is plenty & cheap, at this time in small quantities at 3/ ⅌ barrell instead of bushel. I make no doubt but that 500 good horses might be had here reasonably for ready cash—but if they must be purchased elsewhere, to answer the purpose of a jobb, or to leave the specie in a more deserving, or rather more favor’d spot, I think they had better be brought by land, than by water, except when the river is very high.
The horses purchased in Pennsylvania, were for Cash those purchased for pack horses in Kentucky were bought up by the merchants at high prises payable in good⟨s⟩ & cash, so that the farmers got about 3 or 4£ value in cash, for a horse which the public will have to pay 6 or 8£ for, whereas had the cash been given to the planter it would have been a saving of one half, & what would have been of more consequence given the planter an equal chance with the merchant, & have encreased their confidence in the public credit & enabled them to pay the excise more cheerfully. But what was worst of all, after these horses were purchased they were good for nothing, being the refuse of the state sold for silk & ribons by those who wanted to get clear of them; & some of them actually tired in driving to Fort Washington.
The army is injured very much by quick promotions, & remaining in garisons too long, where one third of the officers & all the soldiery either become sots, or think of nothing but thier own private interests—Major Ferguson, a few Capts. Lieutts & ensigns are excepted. The loss of the former in the late action cannot be replaced by Congress—he did more real service & duty than any 13 officers in the army no matter of what rank—As I write matters just as they occur to my mind I will here give you an instance of trifling matters growing into misfortunes as I mentioned before—Before Colo. Dark had reached Fort Washington prejudices against him had got possession of the officers in general there: They rather increased than abated after his arrival—Omitting an hundred instances I will mention one, which

I thought then would prove essentially injurious to the service—Major Hamtramack discovered such a contempt of, & air of superiority over, Colo. Dark that I was satisfied he never would, if he could any ways avoid it, be commanded by him; this discovered it self in so many instances that I undertook to speak to Major Hamtk about it, at his own table in the most flattering & friendly manner I could devise—I told him I had discover’d his dissatisfaction at doing duty under Colo. Darke, & that if he had no objection I would speak to Colo. Darke & endeavor to introduce them to each other in such a manner as might be of benefit to the service; that I would advise Colo. Dark to consult him on all difficulties in the march, & further that he would desire Major Hamtk—to give him his advice when he saw occasion without his first requesting it—& if he did not chuse to follow it he could still do what he thought most proper—To this the Major seemd to give some attention, especially when I added that he, himself was considered as a strict disciplinarian—the worst breech of which was, the want of Subordination, & that I thought if Congress was to appoint Capt. Bradfords Baboon to command the army it ought to be obey’d⟨.⟩ This & some othere observations drew from the Major this reply—that the hint could not come from him—& that he doubted my influence with Colo. Darke in bringing about such a matter—I observed that I thought I could, having once done it in a similar instance—mentioning, that When Genl Scott had the command of the light infantry I rode with him from the white plains towards Valintines hill when he took the command, & during the ride I observed to him that he had now the most difficult & dangerous command he ever had in his life, the enemy being so near him, & in such great force—he acknowledged the difficulty—& I proposed to him to make it a constant rule to consult his officers often, & to desire them to make free to communicate to him their sentiments when they thought proper even when he did not call upon them, & particularly mentioned Colo. R. Parker, Colo. J. Stuart—Colo. Henly—&c.—This I heard him put in practice before I returned, particularly to Colo. Webb—& Henly—And the consequence was that Genl Scott, notwithstanding what some sneerers said, acquitted himself with some degree of credit, having answered the purpose for which you placed him there, which I supposed was far above any advantages resulting from the small-war, being intended to give the army at the white plains an advantageous opportunity

to retreat, or to make an obstinate resistance. When this conversation happened Colo. Dark was at Fort Hamilton, from whence he did not return again before I left Ft Washington, so that I had not an opportunity of ever mentioning the subject to him—But to lessen the prejudice I found the Major had to him. I told him that notwithstanding what was said of him, with respect to his unpolished manners, he was sober, honest, & brave, & I believed the best officer in the army except Genl Butler, Major Ferguson & Major Hamtrammack himself, & added to this that if I want misinformed had had your thanks & approbation when acting immediately under your eye, once at least if no more ⟨and⟩ I did think when I left the Major that he would find out an expedient to improve the social intercou⟨rse⟩ I had pointed out with Colo. Darke—But from what I have heard since he unjustifiably remaind implacable, & from this obstinacy, & his undue influance with the good Genl St Clair (for the Major is a plausible sensible man) do I attribute one of the causes of the mis[for]tunes which followed—The goo[d]ness of Genl St Clair will take the faults of others on himself—but to say that he does not see them, would be to speak of him as an enemy, which can never be expected from me—Major Hamtrammack I never can think so highly of as I once did, & I wish for the good of the service, & the honor of Genl St Clair that he had never shared so much of his confidence. The hospital department is under pretty good management—better however than it was the last war, which is the only thing that is so—every thing else without exception being worse—Doctor Allison (who was present when the conversation passed between Major Hamtrammack & myself) is I believe very worthy of the great trust reposed in him. The reason why the Militia of this country made so poor a figure when they were called out by Genl St Clair for a 3 months tour of duty was partly owing to their two voluntier expeditions under Scott & Wilkinson, Those who went under Scott I consider as the best class composed of young men who were not averse to war, had notions of honor & a spirit of retaliation upon an enemy who had ravaged their country for years; add to this that they were to have credit for a tour of duty of only one month & to receive 4/6 ⅌ day—Those who went under Genl Wilkinson were actuated by the same principles & pretty nearly equal as to class—add in both instances the influence of Scott & Wilkinson—But when the 3rd expedition was called for, it was for 3

months—by a draught—& what made it still worse they had from custom & usage been made to believe that 2 months was what the law required & to complete their abhorrence of this duty they were to have about 6 or 7d. per day at a time of year when their families & crops must suffer—the idea also of being under regular officers was horid—This last class were far inferior to the other two who were exemted by former services—Upon the whole, much is not to be expected from the Militia here, taken in general.
General Wilkinson is the prominant character in this country, & is thought by many will have the Chief command in the next expedition, & I really believe he has abilities equal to it; & far superior to what his enemies, or even friends, are aware of—but how so high a command might answer political purposes, some who think themselves far-sighted think doubtful; & whose attachment to your administration & the federal government is inviolable—If, say they, Genl Wilkinson has the command—Morgan cant act under him; & if Morgan is not called forth some way or other—the service will suffer.
Scott, Shelby & McMullin are the three next influential characters in rotation—And there is a Colo. Hardin who tho’ unpopular, I believe is the best officer, for this kind of service, in the state, as Genl Clark is a Sott to all intents & purposes. The prejudices of the people in general, on the N.W. side the Ohio & the army, against the people of this district are so ill-founded & intolerable that it is disagreeable even to mention them.
As I have mentioned so many trifling things, I may as well fill up the paper—The Musquetts were found great fait with after the army got to Fort Hamilton—The reason was that the French generally, if not alway⟨s⟩ make the Screw of the Britch to run up a quarter or half inch above the touch-hole, & file a notch in it next to the touch-hole—this after a few fires gets furred up so that the gun will flash & the picker can not be introduced straight forwards, & consequently can not be kept clean—Major Ferguson had an instrument made to hold them to the grindstone, & ground off several even to the touchhole like the British musquetts, which perhaps was of service. they were good in every other respect. I am Sir very respectfully your humble servant

John HurtChaplain to the Federal Army


Title: To George Washington from Henry Knox, 1 January 1792
From: Knox, Henry
To: Washington, George

War Department, 1st January 1792

The Secretary of War, having in obedience to the orders of the President of the United States, taken into consideration the Memorial of the Inhabitants of the frontier Counties of the Commonwealth of Pennsylvania, to the Governor thereof, dated the 21st ultimo; together with the Letter of the Governor thereon—respectfully Reports.
That in the present case it is unfortunate, and it may be

equally or more so in others which may arise, that the United States are destitute of a general militia Law. The frontiers require protection, and ought to have it amply imparted to them in the present moment. But no other expedient presents itself in this exigence, but requesting the Executives of the States that have exposed Counties to call out such numbers of Militia as may afford the necessary aid. If the Militia so to be called out should be for a short period, a considerable portion of the time would be wasted in repairing to, and returning from the places to be defended—unless all should be taken from the frontier parts, which would be unequal and oppressive.
It would seem therefore most proper then that the Militia to be called out at the general expense, should be for a period of six months unless discharged sooner, if circumstances should permit—That the existence of these circumstances would depend upon the dispatch that regular troops should be raised and marched to the frontiers, and upon other considerations at the time of their arrival relative to the enemy.
That the following arrangement seems necessary for the frontiers of Pennsylvania.
1st That in addition to the detachment of regular troops now on their march to Fort Pitt, and the Scouts permitted to the Counties of Westmoreland, Washington and Alleghany—that it might be proper to add, if the Governor should judge the measure essential, such a number of Scouts for the County of Fayette, as he may deem proper not exceeding the proportion to the other before mentioned Counties, their relative situations being duly considered.
2dly That the Governor be further allowed, if he judges the measure expedient and essentially necessary, to organize and call into service for a period of six months, a certain number of militia at the expense of the General government, in the same manner as the Governor of Virginia has called into service Militia for the protection of the frontiers of said State.
That these Militia be paid and subsisted at the expense of the United States, under such regulations as the Secretary of War shall direct, in order to prevent irregularities.
That the number so to be called into service, be such as may be equal on an average to about one Company for each of the frontier Counties, so as to correspond as nearly as may be to the defensive protection of Virginia.The encreased pay however cannot

be allowed, unless by a special Act of Congress—And no good reasons exist for urging an higher pay for mere militia than for the regular troops—Indeed as the latter have Clothing allowed, and the former none, it would appear reasonable that the Militia employed under the General government should have an allowance for this object—But in order thereto, it would be necessary that Congress should first make a law for the purpose. Should they think proper so to do, the monthly cost of clothing for a regular soldier might be added to the pay of the militia, which would encrease it nearly to five Dollars pr month, which perhaps is fully sufficient for any species of militia, excepting the Scouts.
It is presumed that Governor St Clair will make an arrangement for the protection of the french settlement at Gallipolis—The settlement at Marietta will be protected by a Company of Regular troops. All which is humbly submitted to the President of the United States

H KnoxSecy of War


Title: From George Washington to the United States Senate and House of Representatives, 2 January 1792
From: Washington, George
To: United States Senate and House of Representatives

Gentlemen of the Senate, and of the House of Representatives
United States [Philadelphia] January 2nd 1792.

I lay before you an official statement of the expenditures, to

the end of the year 1791, from the sum of ten thousand dollars granted to defray the contingent expences of Government, by an Act passed on the 26th of March 1790.

Go: Washington


Title: To George Washington from Anonymous, 3 January 1792
From: Anonymous
To: Washington, George

Sir
[c.3 January 1792]

Beware. Be upon your guard. You have cherished in your Bosom a Serpent, and he is now endeavouring to sting you death. Under the Mark of a Democrat, he thinks he conceals his ambition which is unbounded. His vanity makes him believe that he will certainly be your Successor. But he can not wait with patience untill it shall please God to take you from this world. He wishes to precipitate his career by inspiring you with disgust against the Senate and thus induce you to retire at the expiration of your Four Years. Recollect how often he has told you that the Senate are endeavouring to deprive you of your rights to encrease their own importance. Believe him not. He is a Hypocrite and is deceiving you. At this moment he is affecting the greatest uneasiness at the present unhappy misunderstanding. I tell you he is a Hypocrite and is secretly blowing up the flame and trying by his own insinuations and those of his emissaries (Brown the Printer is one of them) to irritate the Senate and occasion a

breech, hoping that it may turn out to his advantage. He thinks he is sure of the suffrages of Virginia, with the assistance of his little cunning friend, whose wisdom he has not failed upon all occasions to place in the most favourable point of view. But he doubts of those of the Eastern States. Examine his Report about the Fisheries, and ask yourself if it is possible to mistake his object. Call to your mind his doctrines respecting his pretended encouragement to our navigation, and it will be impossible for you to be ignorant of his views. The writer of this know⟨s⟩ you and loves you. He differs with you however about the propriety of sending Ministers abroad. He ma⟨y⟩ be mistaken. Suffer not this favourite, who is undeserving of a place so near your heart, to inspire you with an opinion that it is beneath your dignity to explain the motives of your conduct to those whose duty it is to advise as well as to consent to your nominations. Were I to say that you are beloved by the Senate, my language would be cold, & would not convey an adequate idea of their sentiments of you. Their affections approach almost to adoration and they will consider it as the greatest misfortune if the artifices of a proud ambitious Hypocrite should induce you to think unfavourably of them. Be cautious likewise of your Attorney General. His heart is as bad, but his views are more circumscribed. A moment’s reflec⟨tion⟩ must convince you that this is the only mode in which I could with propriety convey to you that information which very few except yourself are unacquainted with, and I entreat you, as you have the happiness of this Country at heart not to consider it as the malevolent production of an anonymous Scribbler.


Title: From George Washington to the Grand Lodge of Pennsylvania, 3 January 1792
From: Washington, George
To: Grand Lodge of Pennsylvania

Gentlemen and Brothers,
[3 January 1792]

I receive your kind Congratulations with the purest sensations of fraternal affection: And from a heart deeply impressed with your generous wishes for my present and future happiness, I beg you to accept my thanks.
At the same time I request you will be assured of my best wishes and earnest prayers for your happiness while you remain in this terrestial Mansion, and that we may hereafter meet as brethren in the Eternal Temple of the Supreme Architect.

Go: Washington


Title: Editorial Note
From:
To:

GW’s nomination on 22 Dec. 1791 of Thomas Pinckney, Gouverneur Morris, and William Short as ministers at London, Paris, and The Hague, respectively, occasioned significant Senate debates that ultimately involved the meaning of the “advice and consent” provision of the Constitution and the extent of presidential authority over foreign affairs. Early in his first administration the president had sought to fulfill that provision by appearing personally before the Senate on the matter of negotiations with the Creek Indians, expecting a swift consultation. The insistence of several senators to have the Creek negotiations turned over to the Senate for fuller deliberation, however, had frustrated GW’s desire, and he did not again formally seek the advice of the Senate. GW’s department heads did appear before the Senate to explain policies and proposals, but GW delivered in writing, without explanation, all nominations for appointments requiring Senate confirmation. GW’s nomination of Pinckney, Morris, and Short to diplomatic posts in Europe continued this practice but represented a more substantial challenge to Senate authority. Although the Foreign Intercourse Act of July 1790, which provided for appropriations to support ministers at the major courts of Europe, approved the principle of appointing officers at that grade, the statute authorized no specific posts. When the president did not consult the Senate in late 1791 on the posting of American ministers abroad but simply required its confirmation or rejection of the appointment of his nominees, several senators regarded this as an executive encroachment on the prerogatives of the Senate. Consequently, discussion in the Senate quickly turned from the fitness of the nominees to the general issue of the placement of American ministers abroad. The nominations stalled on 29 Dec. 1791, when the Senate postponed further consideration of the nominees and took up a motion “That, in the opinion of the Senate, it will not be for the interest of the

United States to appoint Ministers Plenipotentiary to reside permanently at foreign Courts.” The next day an amendatory motion was submitted, which read “That the Senate do not possess evidence sufficient to convince them that it will be for the interest of the United States to appoint Ministers Plenipotentiary to reside permanently at foreign Courts.” The nominations and two motions were then turned over to a committee consisting of senators Caleb Strong, Aaron Burr, Richard Henry Lee, Oliver Ellsworth, and James Gunn. The debate revived the earlier disagreement between GW and the Senate about the extent of presidential authority over diplomatic appointments, and it revealed divisions within the Senate over the creation of a permanent diplomatic establishment in Europe. Senators opposed to appointing any ministers allied themselves with those who particularly objected to the appointment of Gouverneur Morris to Paris. Thomas Jefferson reported to Short on 3 Jan. 1792 that the opposing sides had failed to reach a workable compromise after twelve days and that “no mortal not even of their own body can at this moment guess the result.” GW learned the details of the Senate debate of 29–30 Dec. from notes taken by Senator Benjamin Hawkins of North Carolina (Document I). Hawkins sent Jefferson a copy of them on 3 Jan. 1792 with a suggestion that they be shown to GW, explaining that he thought the “right contended for as exclusively in the President” was “questionable.” He urged Jefferson, and through him, the president, to submit the need for the appointment to the judgment of the Senate. The same day Jefferson received a note from Caleb Strong of the Senate committee requesting a conference with him on the nominations. Strong’s request reflected a moderate position in the Senate debate. Less moderate was Senator William Few’s insistence that it was improper for the Senate to act on the nominations “without its previous advice with respect to the measure” and that the president ought to appear personally before the Senate to explain the need for the appointments. GW was unwilling to comply with Few’s demands after his frustrating experience during the summer of 1789. GW and Jefferson probably met on 3 Jan. 1792 to discuss the proposed conference, and Jefferson then may have drafted a message to the Senate, asserting that the president was the sole judge of the places to which diplomats should be sent and that Senate authority was limited to consenting or withholding consent to the persons nominated (Document II). That undated message was never sent. The president and the secretary of state opted for a more conciliatory approach, and Jefferson met with the Senate committee that same evening to present his justification of the appointments (Document III). The committee

was not entirely persuaded and reported on 6 Jan. 1792 “That, from the facts communicated to them, they are of opinion that there is now a special occasion for appointing a Minister to the Court of London. The Committee submit to the consideration of the Senate, the information they have received relative to the expediency of appointing Ministers at the Courts of Paris and the Hague, at this time.” The Committee then submitted all the information in its possession relating to the propriety of the nominations. A motion to postpone consideration of the committee report and adopt the first of the original motions rejecting the proposal to appoint ministers plenipotentiary was defeated, and the Senate agreed to the first sentence of the committee report. The Senate then took up a resolution to consent to the appointment of Thomas Pinckney as minister plenipotentiary to Great Britain. This resolution was postponed while the Senate considered a resolution “That a special occasion now exists for appointing a Minister Plenipotentiary to the Court of France.” This resolution was adopted by a vote of 19 to 7. Further consideration of GW’s message of 22 Dec. was put off until 11 Jan. 1792, the same day GW submitted the nominations of Short and William Carmichael to be “Commissioners Plenipotentiary” to negotiate a treaty with Spain for the opening of the Mississippi. This message may have been timed to affect consideration of Short’s nomination to The Hague. On 12 Jan. the Senate confirmed Morris as minister plenipotentiary to France and Pinckney as minister plenipotentiary to Great Britain but postponed consideration of the propriety of appointing a minister resident to The Hague, and Short to that post, until 16 Jan. 1792. Morris’s letter of credence was signed and sealed on 23 Jan. and sent to the new minister with an unsealed copy by the secretary of state the same day. On that date also the Senate first disposed of the general issue of diplomatic representation at The Hague. It divided 13–13 on whether to set aside a motion “That there is not, in the opinion of the Senate, any present occasion that a Minister should be sent to the Hague,” but Vice-President John Adams broke the tie in favor of setting the motion aside. The Senate then voted 15–11 to confirm Short’s nomination as minister plenipotentiary. GW signed and sealed Short’s letters of credence to the Netherlands States General and Stadtholder William V, Prince of Orange, on 23 Jan., and Jefferson sent them to Short the same day with his commission, unsealed copies of his letters of credence, and a letter for the French foreign minister announcing the close of Short’s mission as chargé d’affaires. The last of GW’s three appointments was thus confirmed, but the disagreement between the Senate and the president over their relative authority, as well as the

practical meaning of the “advice and consent” provision of the Constitution, remained unresolved.


Title: I: Benjamin Hawkins’s Notes on the Debate in the United States Senate, c.3 Jan. 1792
From: Hawkins, Benjamin
To:

[c. 3 Jan. 1792]

S——te, on the agency it ought to have in judging of the expediency of sendg M——rs abroad. Resolution—“That in the opinion of the S——te it will not be for the interest of the U.S. to appoint M——rs Ple——y to reside permanently at Foreign Courts.”
Mr. Haw[kins]—Doubts the P—— right to decide on the measure without the previous advice of the Se——te. Sees embarrassments in negativeing the character as a mean of defeating the measure—or inconsistency in their conduct to approve the Nomination and withhold the supplies when the matter comes before them in their legislative capacity.
Mr. Iz[ard]—Thinks it improper to give a vote upon such an abstract proposition. Let the question be “Is it necessary now to appoint M——rs to any foreign Courts.”
Mr. Ells[worth]—Thinks great caution ought to be observed. “The P—— and Se—— are to decide upon the propriety of diplomatic

establishments.” The P—— should be consulted. “He has an equal right to judge with the Se——. Doubts they are proceeding too fast. “Suppose the S—— to determine it was inexpedient to enter into any treaty with a particular power, what is the P—— to do? Must he be exclusively bound”? Mr Gr M——s letters give information if the S—— want that. Withholding the Westn Posts and property and the Act appropriating 40,000 dollars are evidences of the grd of the P—— proceeding.
Mr. Fe[w]—Thinks they may agree to the Resolution to day and appoint a M——r tomorrow with the P——. They may consult with the P——. “He knows that when he thinks proper there will always be a seat for him here.” If the Resolution is not agreed to, how can the S—— express their sense of the measure which he dislikes—or let the P—— know the Sense of the S—— thereupon. He dislikes the principle, though he thinks that with respect to G.B. there may be an occasion for a M——r at that Court—but it is not of sufft weight to induce the S—— to act upon the nominations without its previous advice with respect to the measure.
Mr. L[ee]—Let the S—— express their wish to the P. to confer with him.
Mr. Str[ong] The nominations go to a permanent establishment—where is the necessity of these in France or Holland?—the Provision made by Law is a temporary one by way of outfit. “Out of delicacy then determine the question lest it be understood we object to the men in nomination.”
Mr. Ells. “If you want information ask it of the P——. I think we are in possession of enough.”
Mr. L. The Gentn last up goes to the men and not to the measure. “When a nomination is made we must not ask for what, and for how long, a permanency is evidently in contemplation.” “We are told a B: M——r is here to treat with us, if this is his business we can do it better here than there.” His pride may be hurt, but if they are serious their pride will not be operated upon by etiquette instead of Interest. When he is convinced that sending a M—— will give facility to measures he will consent thereto. But “let us clear the way as we go, and inform the P—— we are opposed to a permanent diplomatic corps in Europe, yet that when the necessity of sending M——r there is apparent we are ready to advise and consent thereto—on extraordy occasions.”
Mr. Iz. At a loss to know what is meant by M—— on extra

occasions in Europe. These are usually for Congratulations on births, Marriages &ca. If the Gentn from Connecticut is right that the decision will be against the men and not the Measure, is the Gentn from Virga sure that when this goes out of doors it will not be adjudged as agt the men and not the measure. The feelings of the P—— will be wounded, we have had certn correspondence laid before us which serves as the basis of this business. He does not think as some do that we ought to be unacqd with the Affairs of Europe party. F. and Engd I shd vote agt a permanent establishment, yet I am for sending at the discretion of the Executive. I am very desirous of being on a friendly footing with F. S. and Engd. Havg a M. in F. obtained us much good. In Engd our Seamn were Impressed and were dependent on private persons who might not have been heard. You have heretofore had a Conference by means of a Comee with a man known and respected for his knowledge whose opn was that you shd have a M——r at F. and Engd and inferior characters elsewhere. Can we suppose the P——wd do any thing witht mature delibn? The outfit provided was to accomodate Gentn in the first instance who might not be rich.
Mr. Lang[don] I am satisfied that the P——— would not do anything witht mature deliberation. I am for appointing the M——rs.
Mr. L. I would not for the accidental probability of a War in Europe keep M——rs there to take care of our Seamen. Is it supposable the P—— will do any thing witht mature deliberation? We must use our discretion having constitutionally a right to do so. The Gentn from S.C. is, in pursuing his train of reasoning, that you must be permanent in your establishment. Question is asked will the people abroad be convinced that this is not against the men, but the measure? I do not know when men go deep and far in pursuit of reasons to say what they will do.
Mr. Sher[man] For postponing the nomination and taking the opinion of the S—— on the proposition on the Table. What will be the consequence of a concurrence in the appointment without limitation? Is it proper or expedt to appoint in this manner? The former Congress gave a Comn with limitation—so it should be now. It is said the P—— feelings will be hurt. I think not, what I want to be brot about is, that the P—— if he thinks proper may have it in his power to assign reasons for the permanent

appointment, we can now consider whether it is now expedt to make these permanent appointments. I think without a particular object they are not necessary. We may within these walls without the interposition of the P—— personally, obtain the necessary information.
Mr. K[ing] It is an embarrassed question, and to simplify it, I am for postponing, that we may without being embarrassed discuss the question in which case the result may be got at witht difficulty.
Mr. Ells. I am with my Colleague in opinion we should answer the questions of the P—— and no other, is it now proper to send a M——r Ay or nay. As to the appointment being perpetual I differ with him. Men cannot be sent abroad and supported there witht money that cannot be had but by the concurrence of the S——.
Mr. K. Wanted to have the question so regulated as that a correct light and judgment might be formed.
Mr. B[urr] Is surprized that the Gentn from Connecticut will insist on a vote affecting men, when we mean it to effect the measure only.
Mr. F[oster] Would not vote for postponing, but as he is impressed with the necessity—He is struck decidedly that agreeing to the Nominations establishes a permanent diplomatic Corps in Europe. Now is the time to resist it. If we do not he shall dispair of ever doing it. He is of the same opinion with the Gen: from So. C. as to the feelings of the P—— and wd not hurt them for the world, but must he be a traitor to his own feelings? He thinks the measure not for the interest of the Country and with due defference for the Opinion of the P—— thinks he ought to have kept the two questions seperate, and informed the S—— that there did now exist reasons for sending M——rs to Europe. Thinks there may be occasions to require M——rs in Europe but not permanently, or if so the reasons must be previously given to obtain his consent.
Mr. Ells. This measure is not without a precedent—the nomination to Portugal is in point.
Mr. Stro. The M——r to Portugal is Resident, is a grade in pay as a Chargé des Affaires. This discussion would have been better timed agree then.
Mem. The sole question is shall we postpone the Nomination

to take up an abstract proposition. He is for doing it, because he is of opinion that the P——should have an opportunity of assigning his Reasons. We did not involve ourselves—the P——involved us. The measure ought to have been previously discussed before the nominations were made.
Mr. K. Some ideas occurs to him of the impropriety of this Measure as the greatest harmony should subsist between the P——and the S——in the joint Executive power. The Constitution contemplates this establishment. The inference is clear that any regulation respecting an abridgment of its extension is improper. Every part of the proposition as fixes the controul in the first instance is inadmissible, any enquiry in an individual case when full information is not obtained is proper. Suppose this negative proposition now to pass, it is in its nature void, tomorrow we can determine differently. If the Constitution has vested in the P——the right of nominating to Offices, he has a right to exercise it as to him appears best. What is the object desirable by those negatory resolutions? Whether it be fit and suitable to fix these Ministers should we at this time [do] it, it must arise from the information we obtain, and to the end that we may obtain it we should think of some suitable way of applying to the P——. The motion by agreement amended as follow[:]
Resolved that the Se——te do not possess evidence sufficient to convince them that it will be for the interest of the U.S. to appoint M——rs Pleny to reside permanently at Foreign Courts.
Mr. B. I have submitted to the amendmt, but doubt its attaining the object. Whether this species of arrangement can obtain the necessary information, is doubtful. We can establish such as is suited to our governmt, it is wrong in us to entail on our governmt an unnecessary expence. This will not banish intercourse between us and foreign Nations. We should not inconsiderately involve ourselves, this is the time to determine whether we should send M——rs for special occasions or to reside permanently.
Mr. Str. This motion will convey this idea, that it is not necessary to have M——rs fixed permanently, yet that occasions may arise when it may be necessary to send them. I have no doubt the P——may have done for the best in his opinion, and will be willing to State such circumstances as occurred to him for our information. I have not information enough to guide me, I

want that information. How am I to get it, the P——at an early period suggested to us the propriety in difficulties such as the present to apply to him for information.
Mr. Iz. I agree with the Gentn from Massa. He has sd and justly, that the P——has warranted us in making these enquiries. We have some important information, the letters last session from the P——of G. M——s transactions at the Court of L——is such. If it is the opinion of the S——that they have not the necessary informatn let the motion be committed.
After farther debate the nomination and the two propositions were committed to a Committee of five.


Title: II: Draft of a Message to the United States Senate, c.3–4 Jan. 1792
From: Jefferson, Thomas
To:

Gentlemen of the Senate
[c.3–4 Jan. 1792]

Your house has been pleased to communicate to me their resolutions, purporting a decision by them that it is expedient &c.
from whence an implication arises that in their opinion they might have decided that no such appointments were expedient.

After mature consideration & consultation, I am of opinion that the constitution has made the President the sole competent judge to what places circumstances render it expedient that Ambassadors or other public ministers should be sent, & of what grade they should be: and that it has ascribed to the Senate no executive act but the single one of giving or witholding their consent to the person nominated.
I think it my duty therefore to protest, & I do protest against the validity of any resolutions of the Senate asserting or implying any right in that house to exercise any executive authority but the single one before mentioned.
It is scarcely necessary to add that nothing herein is meant to question their right to concur in making treaties: this being considered not as a branch of Executive, but of Legislative powers, placed by the constitution under peculiar modifications.


Title: To George Washington from Thomas Jefferson, 4 January 1792
From: Jefferson, Thomas
To: Washington, George

Sir
Philadelphia Jan. 4 1792.

Having been in conversation to-day with Monsr Payan, one of the St Domingo deputies, I took occasion to enquire of him the footing on which our commerce there stands at present, & particularly whether the colonial arret of 1789 permitting a free importation of our flour till 1793 was still in force. he answered that that arret was revoked in France on the clamours of the merchants there: but that the permission to carry flour, & he thinks to bring away coffee & sugar, was immediately renewed by the governor. Whether this has been regularly kept up by renewed arrets during the present troubles he cannot say, but is sure that in practice it has never been discontinued, & that not by contraband, but openly & legally as is understood. the public application to us to send flour there is a proof of it. instead therefore of resting this permission on a colonial arret till 1793, it should be rested on temporary arrets renewed from time to time as heretofore. this correction of the notes I took the liberty of laying before you with the table containing a comparative view of our commerce with France & England, I have thought it my duty to make. I have the honor to be with the most perfect respect & attachment Sir your most obedt & most humble sert

Th: Jefferson


Title: From George Washington to Mary Butler, 6 January 1792
From: Washington, George
To: Butler, Mary

⟨Madam,
Philadelphia, Jany 6th 1792

I received duly your letter of the 22nd ultimo.⟩
Permit me to assure you that in a public view, I consider the recent misfortune greatly enhanced by the loss of the truly gallant General Butler, and that I deeply participate in the grief which afflicts you on this distressing event.
A small detachment of troops had been ordered to be stationed at Pittsburgh previously to the receipt of your letter; these will be reinforced by a more considerable detachment now on their march to that place.
I sincerely hope, that you will under the present pressure of your affliction experience all the powerful consolation of Religion and Philosophy. I am Madam, Your most Obedt & Hble Servt

[George Washington]


Title: From George Washington to Brown & Francis, 7 January 1792
From: Washington, George
To: Brown & Francis

Gentlemen,
Philadelphia, Jany 7th 1792.

I have received your letter of the 13th of December, requesting that I would furnish Mr John Francis with such letters to Amsterdam, or other parts of Europe, as might enable him to obtain a loan of money for your house, to the amount of about 100,000 dollars, to make it co[n]venient for you to build and fit out such vessels as you mention for the East India trade.
I have taken this matter, Gentlemen, into serious consideration, and am sorry to inform you that, with every disposition and wish to promote the commercial interests of our Country, and to countenance the laudable undertakings of its enterprizing citizens; yet I can not think it wou’d be proper for me, situated as I am, to comply with your request. In my public capacity you will

readily see that such a thing could not be done; and abroad, it would be almost impossible to separate my private from my official character, in a case of this kind. moreover, should I, from the disposition I might have to oblige you, open this door, it is easy to foresee the many applications of a similar nature which it wou’d produce, and which I should find impracticable to avoid. I am therefore persuaded, Gentlemen, you will do that justice to my motives for declining this matter which they really merit—and will in no wise impute it to the want of inclination to promote your interest—or through you, the interest of commerce. With great regard & esteem I am, Gentlemen, Your most obedt Servt

Go: Washington.


Title: To George Washington from the Commissioners for the District of Columbia, 7 January 1792
From: Commissioners for the District of Columbia
To: Washington, George

Sir
George Town 7th January 1792.

Desirous of answering your letters on particular subjects, we think it best to do it separately. With a view to settle all accounts to the first of this month and to form, as far as we might be able, a scheme of the business for the ensuing year, we met here the day before yesterday. many accounts are presented for our examination, the aggregate of which, exceeds our expectation, and many of the particulars, if allowable at all, are admissible on the consideration only that they had arisen before things had taken a settled form. There are other accounts still to be brought in, the amount of which we hope not great.
We have to regret that we had not the assistance of Majr Ellicot or either of his assistants in the settlement of these accounts, or any information directly from any of them. we find it irksome to go into the minutiæ of accounts where the principles were not perhaps first agreed on.
From what we collect from the Commissary of Provisions, there are now retained in service about 75 Labourers and their overseers in the City, and that Majr L’Enfant has ordered 25 of them to be withdrawn from thence to be employed in the Stone Quarry under the direction of Mr Roberdeau, who has left George Town on that business, though previously told by two of the Commissioners separately, and by the third, on the way, that his presence was desired at the meeting; and we have reason to believe he has thus proceeded to avoid orders from us.
Independent of this mortifying treatment we think it adviseable, from the nature of the season, to put every thing for the present at least on piece work, and to discharge the hands engaged on time wages and provisions, and employed in digging; for though pains were taken on our part to get brick clay turned up this fall, we have no knowledge or reason to believe, that a spade of clay has been turned up for that purpose, but the labour directed to other objects, which may correspond with Majr L’Enfant’s designs respecting the Capitol and Palace, but we do not conceive there is certainly enough of the adoption of unprepared plans to warrant the cost of digging long, deep, wide

ditches in the midst of the winter, which, if necessary at all, might be done much cheaper in any other season. These impressions, though we wish to avoid a step in Majr L’Enfant’s absence which he may possibly think wanting in delicacy, have occasioned us to discharge the hands.
The produce of our funds and the probable expense, must be brought into view and comparison by us: for supposing as we do, that we are not answerable in our private characters, for debts incurred within the line of our office; our honor is concerned, that engagements entered into with our approbation, should be faithfully complied with; nor can we suffer ourselves to be led from these objects: it will hence be necessary that we should know and approve the thing to be done, and the means and calculation to effect it.
We flatter ourselves we need not declare to you, that we shall be glad to receive advice, as such, at all times; for we are conscious we need that assistance, and that we ever sincerely wish an unreserved intercourse; and are yet disposed to meet in measures to that end: But without running over disagreeable occurrencies, Majr L’Enfant and Majr Ellicot both, must if we do business with them, consult us more in future. We are Sir with the highest respect and esteem your Obedient humble Servants

Th: Johnson
Dd Stuart
Danl Carroll


Title: To George Washington from Henry Lee, 7 January 1792
From: Lee, Henry
To: Washington, George

Sir,
Richmond January 7th 1792.

I do myself the honor to transmit herewith a Resolution of the General Assembly with respect to certain Lands located by the Officers and Soldiers of the Virginia line under the Laws of this Commonwealth, and since ceded to the Chickasaw Indians, together with a Report of a Committee of the House of Delegates on the same subject.
Permit me Sir, to express my hope that some general regulations will take place during the present Session of Congress relieving Mr Russel and all others in the same situation from the difficulties into which they have been innocently involved. I have the honor to be Sir, With entire respect Your most Obedt humble servant

Henry Lee


Title: To George Washington from Timothy Pickering, 7 January 1792
From: Pickering, Timothy
To: Washington, George

Sir,
Philadelphia Jany 7. 1792.

Among the great duties of your high station, the selection of proper characters for public offices is not the least difficult, nor the least important. The multiplicity of applications, the diversity, and sometimes the contrariety of opinions, must often produce painful embarrassments: while a constant aim to provide for the public service, will frequently oblige you to disregard private attachments, and the solicitations of those whom it would give you pleasure to oblige. Information, uninfluenced by interest or undistinguishing friendship, is desirable; but perhaps seldom attainable. With a sincerity, however, which it is hoped nothing has ever given room to question, I take the liberty of mentioning the name of Mr Peters, as of a person who with great propriety would fill the office of district judge of Pennsylvania, vacant by the resignation of Mr Lewis.
I have long and intimately known Mr Peters. His conceptions are quick and his comprehension clear. Hence he decides with promptitude & executes with facility, where others must enquire and apply with laborious attention. These talents must ever be of singular utility to a judge, who in almost every cause is obliged instantly to determine a variety of subordinate questions.
Having in early life studied the rudiments of law, and attended courts, I beg your permission to notice an observation I then made—That altho’ a professional knowledge of the law was useful to a judge, yet it was not to be put in competition with talents, accompanied with a knowledge of the language of the law and of its general principles. But Mr Peters studied the law for his profession: and altho’ he early left the practice, yet the language & principles of the law are familiar to him. The application of those principles to particular cases it will be easy for him to recal and extend. His practical knowledge of law happens particularly to apply to the business of a district judge of Pennsylvania, which consists chiefly of admiralty causes. Mr Peters was for many years Register of the Court of Admiralty; and at the commencement of the revolution, renounced that employment under the King, to engage in the service of his Country.
It is too well known for me to remark, that during several years past he has presided in the legislature of Pennsylvania, with punctual

& patient attention, ability and dignity. This fact affords a satisfactory proof with what propriety as a judge he would conduct the business of a court of justice. Important & intricate cases will sometimes occur: but these, according to the constant usage of courts, will be adjourned, to give time for research and enquiry. Such research and enquiry he will be equally able and disposed to make. And if books fail of satisfying a discerning mind, he will have easy access to the living depositaries of the law in this city, of whom some of the most eminent are his intimate acquaintances.
To the qualifications already mentioned, I should be unjust to Mr Peters if I did not add, as peculiarly pertinent to the present occasion, that in his whole conduct, during my long acquaintance with him, he has ever manifested a strict impartiality and perfect integrity.
Honoured and pleased with the invariable friendship of such a fellow labourer, I should indeed be gratified by his appointment: but I do not know myself, if friendship or any other motive could induce me to make an unfounded representation. I should have been silent, if I did not firmly believe, that by a diligent, able and upright administration of justice, Mr Peters would fulfil your wishes and the public expectation.
I trust, sir, you will pardon this representation from me; as it claims no other attention than as the testimony of a witness whose character and means of information entitle him to some degree of credit. I have the honour to be, with the truest respect, Sir, your most h’ble & obedt servant

Timothy Pickering


Title: From George Washington to Robert Bowyer, 8 January 1792
From: Washington, George
To: Bowyer, Robert

Sir,
Philada Jany 8th 1792.

I have lately received your letter, giving me information of the death of the Right Honble the Countess Dowager of Huntingdon, and accompanied with an engraving of that Lady, from a painting of yours.

Although I had not the satisfaction of knowing the late Countess personally, yet having been honored with her correspondence, and learning from others the amiable and benevolent character which she sustained, I have respected her virtues, and am pleased with having in my possession the picture which you have been so polite as to send me and for which I must beg you to accept my best thanks. I am Sir, your most obedt Servant,

Go: Washington.


Title: To George Washington from the Commissioners for the District of Columbia, 8 January 1792
From: Commissioners for the District of Columbia
To: Washington, George

Sir
January 8th 1792

The enclosed Papers give the best state we are able of Danl Carroll’s House—the times of the several runnings and their

Difference can best be ascertained by the Artists employed, for, of the first we have no Certainty, of the latter we can conclude nothing—Majr L’Enfant has written us a Letter Concerning Mr Youngs House and Improvements, and without any previous Consultation with us another to Mr Young who has Addressed himself to us without keeping up the Correspondence with the Majr we requested Mr Young to reduce into writing the substance of his Address to us, and he has done so, by way of Letter, Copies of the three are inclosed—⟨L.⟩M.N.

Thos Johnson
Dd Stewart
Danl Carroll


Title: Enclosure: Daniel Carroll’s Case, 8 January 1792
From: Commissioners for the District of Columbia
To: Washington, George

In 1790. the Cellar of his House was walled up and stood so the Winter—30th March 1791. He signed the Agreement subjecting his property. Mark’d. A. 27th or 28th June 1791 he executed a deed in Trust to Carry the Agreement into Effect—The Original is in the Office at Annapolis where it was lodged to be recorded, but the paper B. is a Copy of the trust part of that and the other Deeds. (B.) In the latter End of August a Day or two before Majr L’Enfant set out for Philadelphia the Northern Line of the Street was run and Struck the House about Seven feet—Majr Ellicott (and several of his Assistants then present) told D.C. that the Street was originally intended 110 feet wide but that Majr L’Enfant had said to save the Building if that would do it, he would reduce the Street to 100 feet—Majr Ellicott and all the Assistants seem to have been impressed with, and to have given the Idea that a several Alteration conveniently could and would be made to leave the House clear ⟨Finwicks Dep. C.⟩—Mr Carroll some time before, D. Carroll of Dud. resumed his buildings fell in Company with him near the Camp—the latter complained that he had been disappointed in not having the Location of his House ascertained agreeable to repeated promises given him that he had his workmen under Engagements in Consequence thereof and could not delay any longer—Mr Carroll being  both on private and Public Account went immidiately to Camp in hopes of seeing Majr L’Enfant, but not finding him there requested Majr Elicott to communicate the above to him with his earnest wish that all missunderstanding might be avoided by explanations or a Conference—Previous to

this Mr Carroll from  Conversations with Majr Ellicott was under impressions that a very short time would suffice to ascertain the Location of the House  and Conversation with Majr L’Enfant he had taken up the same Idea, but he said at the same time something of the plan, to be approved of by the President—Mr Carroll afterwards hearing the Line of the Street had Struck the house called on Majr Ellicott—Majr L’Enfant having set off for Philadelphia and informed him that he intended to write to the President, that if an alteration could not be made with convenience and propriety D.C. of Dudd. might have notice and desist.
On which Majr Ellicott answered that an Alteration might be made without the least Injury to the plan and that he would be answerable that D.C. of Dudd. would be safe—Mr Carroll confiding in this did not trouble the President on the Subject—This Conversation has been acknowledged by Majr Ellicott in the presence of Doctr Stewart and Mr Gantt.
Doctr Stewart is under the fullest Impression from various Conversations he had with Majr Ellicott on the Subject of D.C. of Dudd. House and more especially the particular one in Mr Gantt’s Office when Majr Ellicott was called upon expressly to give Information on the Subject: that he gave it as his decided Opinion that when the work was concerted D.C. of Dudd. House would not be effected by the Street—As a proof of this he frequently repeated that the plan at that Time was meer fancy work, and would be very d[e]fficient when compleated, that therefore, it was idle to be alarmed at what was then doing—On Friday the 18th November Doctr Stewart and Mr Carroll met as Commissrs and agreed to meet again the Fridy following—After the Adjournment Majr L’Enfant meeting with D. Stewart told him that he had wrote to D.C. of Dudd. informing him that his house must come down—Doctr Stewart told him that he hoped he wrote him in an Accommodating Manner—the Majr said he had and feeling in his Pockets said he was sorry he had not the Letter with him—Doctr Stewart told the Majr the Commissioners were to meet the Friday following and that if Mr Carroll did not chuse to pull his house down, to lay the Letters before the Commissioners.
The Tuesday following the demolition began, whilst it was in progress D.C. of Dudd. having obtained an Injunction, shewed it to Mr Roberdeau and Mr Orme, who were on the Spot overseeing

the Work and read it, as alledged See D.C. Letter of the 7th January—D. Majr L’Enfant at the Time of shewing the Injunction was in Virginia—Friday the 25th Doctr Stewart and Mr Carroll met as Commissioners, see their Letters to Majr L’Enfant. E. and Mr Roberdeau and Benja. Ellicott. F. See also Majr L’Enfants Letter of the 6th Decr to the Commissioners G. which shews that after his return from Virginia and his recit of the Commissioners Letter to him he resumed, and compleated the demolition which had been suspended in his Absence—D.C. of Dudd. has laid before Commissrs Majr L’Enfants Letter of the 18th Novr 1791. G. his Letter 21st November H. And D.C. of Dudd. Account I. The paper ⟨K⟩ is a State of what Majr L’Enfant refers to, as to Mr Carroll’s not Acting.
Respecting Majr L’Enfant’s Letter about D.C.
Something being said in Majr L’Enfant’s letter to the Commissioners of  respecting one of them, viz. Mr D. Carroll, he deems it proper to acknowledge, he said in the presance of Majr L’Enfant, that if there was occasion he should appear as an evidence not as a Commissioner on this subject, and further, to remark such was his intention with the Permission of the other Commissrs on such an event—That there was not a Board on this occasion without him, that circumstance made it appear to him proper to Act—That Majr L’Enfant did not mention this to Doctr Stewart on the Connversation between them which has been mentioned. Doctr Stewart adds per this, that knowing Mr D. Carrols intention on this subject, he had in conversation with Majr L’Enfant inform’d him that if an occasion should arise Mr Johnson and himself would be ready to give their determination.


Title: To George Washington from Richard O’Bryen, 8 January 1792
From: O’Bryen, Richard
To: Washington, George

Most Excellant Sir
City of Algiers January the 8th 1792: & 7th of Captivity

Permit & unfortunate American Captive to draw youre Excellencey’s

attention to the perusal of this letter Relative to Barbary affairs.
The United States in my opinion may Obtain a peace with this Regency for the Sum of 60 thousd pounds Ster. all Expences Included. The Same time by Giveing moratime Stores Masts planks Scantling frames tar pitch & turpentine and a few light Cruisers. The peace on this plan would not Cost the United States One Hundred thousand Dollars—that is if the Negotiation is well managed.
If the U.S. Gives money the peace will never be Established on a Solid or lasting Basis—(witness Spain) belive this to be a truth founded on Experience if moratime Stores &c. 2 light Cruisers Given and a Tribute paid in moratime Stores Every two years amounting to 12 thousand Dollars in America. Depend that this is the only peace &c. Terms that Can be Said to be Durable or to be Depended—on.
What I now hint to you Most Excellent Sir the Marine Minister of this Regency has been Sounded-on & be you assured will be Nearly the Terms of the peace with the U.S. if Ever the Obtain a peace with this Regency.
But it Requires the affair to be well managed the proper Channel to be taken & all will Succeed well, but if Commenced on the American Side with a blunder there is no Remidieing it. So that the foundation of the peace is a Delicate affair In Makeing the peace with Algiers there should be a provisional article Relative to Tunis—as Tunis is a Tributary State to this Regency.
I understand that our American Ministry & Ambassadors signifyes that the[y] would wish to make a peace without Dishonoureing themselves if the Stick Closely to this point. The U.S. will never Obtain a peace if the Obtain a peace the must Conform to pay Tribute & Buey a peace as the Chiefs of those nations has Done, that, is at peace with the Barbary States.
The Dians [Danes] Dutch & Vinitians payes in maratime Stores money & presents full 30 thousand Dollars, annually—Spain the 3d maratime nation in the world has fell under the Algerine yoke, and all Europe now Sees how the Algerines treats Spain But all points of National Honoure must be Given up in a manner for National Interest. This seems to me to be the policy of the present times But with the Greatest Submission & Respect I submit all to youre Excellencys Superior Judgement.
Since the Spanish peace in 1785 the Algerines has in & arbitary

manner Exacted or Necessiated the Different Nations to pay ¼—or ⅕th more then the used to pay or is agreed-on by Treatie not in the Increase of the Tribute but in the Increase in presents which is all the Same.
I have to inform your Excellency that at the Commencement of the Munth of December last the Dey Being no ways averse to the Conversation of Christians was the time that George Smith & American Captive & Principal payn[im] to the Dey, finding the Dey in a Good Humoure—Broached a Very Important Subject to the Dey Relative to a peace with the U. States and the Redemption of thire Subjects from Algiers—the Dey Signifyed that he was a friend to the Americans & let them Come when the would to look for a peace or to free Thire people he Said he would befriend them all in his power—and Expressed his Concern of our being so long in Slavery.
  The Dey Observed that Some Americans last year had Commissioned the Jews Bushara & Dinino to assertain and fix the price of the American Slaves with the Leat Dey might prove Somewhat prejudicial towards the Release of the Americans Contrary to his Good wishes towards them. Since the Sum that was agreed on was noted Down in the books by Order of the Leat Dey—and in the presence of Several of the Leading men—in office &c. But that when we were Going to be Redeemed it would be in his power to Diminish the Sum fixed on but not Very Considerably as it Might Give umbrage to the Turks in General & be the Means of Greatly Incuring thire Displeasure on futre occasions of the Like favoureing Nature.
after this George Smith Kissed the Deys hand & thanked him in the Name of the ⟨u.s.⟩ for his Good wishes towards them & Observed to the Dey that he hoped there would soon be & American Ambassador here to free thire people. The Dey answered him by saying that he hoped there would & hoped we would Soon set freedom for we had been a long time in Slavery Contrary to his Inclinations.
The Dey Observed that when the Jewes was assertaining the Redemption of the American Slaves (he Being then prime minister) Observed to the Jewes to mind what the were about, & to do nothing without the were possitive that the Orders were from the American Government but he Said the Jewes was so possitive that it left no Room for him to Doubt.
It happened on the 4th Inst. as a french Vessel was Comeing

into port that the Dey in a Jocular manner told George Smith that there was & american Ambassador on board this french Vessel. George understanding the Dey Embraced the oppertunity & had Some Conversation with him as Viz.
George Observed to the Dey that the last American Ambassador that was here the Leat Dey Sent him away. The Dey observed that the Leat Dey did not Command now—that he Commanded. The Dey observed that his Regard for the Americans was the motive that he Invited Mr Lamb to his Garden but Observed that he Could not understand no Language but his own & he then being only (Vaikelhadge or) minister of the Marine & haveing but Little to Say which was the Reason that Mr Lamb Could do Nothing &c. but wished that Mr Lamb would now Come.
George Observed to the Dey that it was in a Manner Useless for the Americans To make a peace with the Algerines as the would Still have Tunis & Tripoly to annoy thire Commerce. The Dey Answered & Said that the Tunicians &c. Tripolines was Influenced by this Regencey & that the Americans had nothing to feare from them. The Dey asked what the American Captains thought of it & whether we Got Any letters or Expected & American Ambassador here This winter. Answered that we had Received letters from the Ambassador at Madrid & from Some of the Consuls Giveing us Some Small hopes of Liberty and that we had wrote to our country Respecting the Deys Goodness and Much in his favoure. The Dey Said Very well.
I can assure youre Excellencey that no time can be more favourable for the United States to Obtain a peace then the present & youre Excellency plainly understands & Sees the Deys friendly Sentiments towards the United States & Thire 13 unfortunate Subjects in Captivity.
We are Informed by William Carmichael Esqr. the Ambassador for the U. States at Madrid that the Honourable Congress had ordered him to continue our Subsistance money as formerly.
But Most Excellent Sir we had no Idea after that long period of 6½ years Captivity two of which we were Given up as Victems that our Country would only then Consider of allowing us Something Munthly ⟨to⟩ p⟨ro⟩long a life of Slavery.
We Beg of youre Excellencey to Consider what must have been our suffering Dureing this trying period twice Surrounded by the

pest & other Contags Distempers far Distant from our Country families friends & Connections without any Real assurances of Ever being Restored to Liberty without youre Excellencey will draw the attention of the Honourable Congress to Consider of thire Once fellow Citizins now Captive Slaves—So as to adopt Some plan to Restore us to Liberty youre Excellency will Excuse the Liberty I have taken in writeing to you but a Sentiment of Compassion for the truly unfortunate Captives we hope will in Some Degree plead & Excuse For youre Excellenceys Most Obedient Most Uumble Servant

Richd OBryen

Formerly Master of the Ship Dauphin of Philadelphia but Captured the 30th of July 1785 by & Algerine Corsair 50 leauges to the Westard of Lisbon.


Title: To George Washington from Charles Pinckney, 8 January 1792
From: Pinckney, Charles
To: Washington, George

(Private)
Dear SirCharleston [S.C.] January 8: 1792
I am to lament that my absence from this place for nearly two months in attending the Legislature & other Business in the Country deprived me of the pleasure of seeing & shewing every civility in my power to Lord Wycombe during his short stay in Charleston. I am told his Lordship is now on a visit to the Floridas & that it is probable he will return & spend the remainder of the Winter among us—if so I shall have much pleasure in endeavouring to render this place as agreeable to him as the Season will permit.
Our Legislature among other questions agitated the one respecting the future importation of Slaves, as the prohibition expires in March 1793—great pains were used to effect a total prohibition, but upon the question being taken in the Senate it was lost by so decided a majority that I think we may consider it as certain this State will after March 1793 import as largely as they ever did—it is a decision upon the policy of which I confess I have my doubts.
We have been much concerned at the intelligence lately received respecting the defeat of the army by the northern & western Indians—the Gentlemen on our frontiers now think that it

is fortunate the Chiefs of the Cherokee nation are absent, as from their disturbed situation & the successes of their neighbours it might not have been a difficult thing to have renderd them hostile. I must take the liberty to mention to you that if our affairs should Still remain in the same unsettled State with the Indians, or their combinations extend to our frontiers & render a defence there necessary, I know no man whom I ought to recommend to you so soon to be employed as General Pickens—A Man at least as well qualified to manage a contest with the Indians as any in the Union.—I consider it as I observed a Duty to mention this Gentleman to you in case it should be necessary to employ any person from this State in the event of the Indian War extending to the Southward, because we are acquainted with his influence among the Indians & his knowledge of their affairs & know that his modesty is so great that he rather wishes to retire from the public view, than court its favours or employments—as he will therefore never solicit or offer himself—it is a duty in us who know his consequence among the southern Indians to bring him forward to your view should his services be necessary, which I hope will not be the Case. I must request my best respects to Mrs Washington & remain with Esteem & Attachment dear Sir Yours Truly

Charles Pinckney

I have directed a box of Seeds of such trees as are not y⟨et⟩ in Virginia to be sent you by the Delaware when she sails The selection of which I have given to one of our best Gardeners who has promised to send as many as he can get.


Title: To George Washington from Charles Pinckney, 8 January 1792
From: Pinckney, Charles
To: Washington, George

Sir
Charleston [S.C.] January 8th 1792

My absence from Charleston has prevented my acknowledging sooner your favour of the 8th inclosing Mr Jefferson’s opinion on the subject of a proposed application from the Executive of this State for the redelivery of certain fugitives charged by the Grand Jury of this District with having forged the Indents assumed by the Union.
The Constitution having very properly delegated the management of all our foreign concerns to the General Government I considered it as my Duty not to have any intercourse of consequence with a foreign power or its dependencies without your knowledge & concurrence—it was for this purpose the draught was submitted & as Mr Jefferson appears to differ in opinion with me, the respect I have for his experience of public affairs & his knowledge of the Usages of Nations is such that I immediately directed the Attorney General not to transmit the application; &

shall rely on the firmness & exertions of the General Government to relieve us from one of the most serious & growing inconveniences under which our laws at present labour.
In the demand intended to have been made it was not expected that Governour Quesada’s powers would extend to the delivery of the fugitives, but it was hoped that when he had recieved this official information respecting their characters & crimes, it might be a reason with him to endeavour to prevent for the present their resorting to St Augustine in such numbers, & of ultimately producing an arrangement upon safe principles for the delivery of fugitives charged with crimes acknowledged to be such by all Mankind.
It is the opinion of some well informed Gentlemen of the Law, that an application for persons charged with felonies is perfectly consistent with the Usages of Nations, notwithstanding there may be no Convention between them on the Subject—It is true in such cases there can be no right to demand, but it may be expected, that as by the Law of Nations “they are not only bound to observe Justice with respect to each other but to abstain from every thing which may violate it”—it is in some degree their duty & certainly their interest to attend to such applications when accompanied by the Opinion of a Grand Jury or other equally presumptive proof of the probability of Guilt according to the mode of administering Justice in the countries from which they fled.
I will acknowledge, that in treasons, or offences against the Government, as in the instances of Paoli & Calonne, there is a difficulty in drawing the line between such as are acknowledged generally to be crimes & such as are only rendered so by tyrannical Laws—but with respect to what the Law denominates felonies, the difficulty in a great measure ceases, for however they may vary in their modes of trial, the opinions of all civilised nations are generally the same with respect to the nature & extent of the Crimes of Murder, Piracy, Barratry, Forgery & others equally destructive to the order of Society—particularly Piracy, Barratry & Forgery, on the preventing of which by the strict & regular punishment of offenders must very much depend the intercourse necessary between trading Nations.
There are some Countries of consequence in the Commercial World that have large funded public Debts, the Evidences of which circulate through every part of Europe—great numbers

of foreigners are interested in the English funds, & many in the American—to these Countries therefore few Crimes can be so extensively dangerous as the forgery of their public securities, & from their general & growing circulation it must be the interest & will no doubt be the policy of all the Governments whose citizens or Subjects are interested, to cooperate in the detection & punishment of counterfeiting them.
It is admitted that between most of the adjoining European Nations conventions exist for the delivery of fugitives—the example of so great a proportion of the oldest & most informed powers proves they concieve it necessary to the compleat administration of their criminal Laws that there should not be asylums in their neighbourhood where Offenders may resort & remain with impunity, it being equally the policy of every Government whether free or otherwise, to protect their inhabitants from the effects of private violence & fraud.
In England, such is the danger of forgery that it is a crime seldom pardoned, & demands have often been made by their Government for fugitive offenders who have been delivered & afterwards tried & executed in England—the case of Longchamps is a different one—he had committed a crime within the United States for which he was punishable, & was tried & suffered severely—he had also I think long before the commission of the crime become an american citizen, & as we maintain a different doctrine from the English & some other European Nations upon the right of a person to change his allegiance, if Congress had possessed the power they were wise to refuse the demand, particularly as the State in which the offence was committed had provided a remedy & Longcha⟨mps⟩ was at the time of the demand suffering what the Laws of Pennsylvania had determined to be an adequate punishment—Congress were also right to refuse a ratification of the Consular Convention with France, because the Convention was essentially different from the scheme by which the Minister was instructed to form it—It gave if I recollect uncommon immunities & exemptions to the Consuls & vice Consuls—it created tribunals unknown to & in many instances repugnant to the Constitutions & Laws of the States they were to be placed in, & seemed from its whole tenor to have been designed for the purpose of establishing a connected & extenti[v]e corps of political Agents through every part

of the Union to communicate intelligence & circulate such opinions upon public subjects as it might be the interest of France to diffuse & impress, & had the appearance of stipulating that the edict of August 1669 respecting emigration should be fully executed in this Country, & that no french subject should remove to or become a citizen of the United States without the permission of their Court.
From the most attentive consideration of the Subject I am of opinion, that from the interest commercial Nations have in the detection & punishment of forging the evidences of their public Debts they have been & must be in the habits of applying for fugitive Offenders of this sort—Mr Jefferson admits that agreements exist very generally between adjoining Nations, & although the Laws of England do not authorize the delivery of fugitives from other places, yet I think there is no doubt that the Government of that Country have always been in the Custom of applying for the delivery of fugitive offenders whose crimes were of a Nature that might affect the public credit.
  In August 1763 Rice the Broker who had committed a forgery by which he had recieved upwards of £4000 of the South Sea Stock, upon its discovery fled to Cambray in french flanders whose inhabitants he was informed possessed peculiar privileges with respect to fugitives—on an application to his Britannic Majesty he directed his Ambassador at the Court of France to apply for his delivery—the french Court immediately consented, & Rice was sent under Guard from Cambray to London & there tried & executed—this is a case precisely in point, as is the instance of Isaacs or Baron who having committed a forgery of the English Bank Bills fled to Calcar in Prussia & on application was sent in custody from thence to Ostend & there executed. On this occasion every Court in Europe shewed their zeal for bringing Isaacs to punishment—from these & other cases which could be produced to shew that the Court of London has frequently in remarkable instances of fraud applied for fugitives & that it is the practice of almost every other European power to do so, I concieve with deference, that such applications are not only consistent with the Usages of Nations, but that the intercourse necessary between such as have transferrable Stock makes it proper they should take place in cases affecting the public credit: resting it with the power in whose dominions they are found to

determine whether from the Nature of the charge & testimony accompanying it there is such an appearance of Guilt as will warrant the delivery of the persons applied for.
  I can assure Sir that unless something is done, & that soon & with decision, the Laws of the Southern States must from their neighbourhood to the Floridas be extremely weakened. at present there are no less than four persons, most of them probably in Florida, against whom Bills have been found for forgery of the evidences of the public Debt of the Union & this State, & persons going off every day with their properties to defraud their Creditors—I have frequent applications from those injured by such conduct but from the receipt of Mr Jefferson’s Letter I shall decline interfering any manner either with respect to Offenders against the Laws or debtors until I shall be favoured with an answer from yourself or him on the subject, by whose opinions it is my wish always to be governed—I am with respect & attachment Your most obedient servant

Charles Pinckney


Title: From George Washington to Bushrod Washington, 8 January 1792
From: Washington, George
To: Washington, Bushrod

Dear Bushrod,
Philadelphia Jany 8th 1792.

I have long suspected—but, such has been my situation for some years back, that I have not been able to ascertain the fact—that a tract of about 1200 acres wch I hold on four mile-run near Alexandria has had the wood thereon dealt pretty freely with by unauthorised persons in its vicinity.
The enclosed from Mr Whiting gives information of a particular act. He is directed in a letter of this date, to wait upon Colo.

Little; and with such proofs of the trespass as he can obtain, to call upon you therewith.
If they shall appear to you indubitable, I am resolved—as an example—to punish the agressors; and pray you to issue a process against them, and prosecute the same in the name of George Auge Washington as my Attorney, who I think has been announced as such in the Gazettes of Alexandria & Richmond; and, I presume, has a power from me to that effect.
Lest any misconception of Whiting’s should lead me, or you into an error, I beg you will, when an opportunity shall present itself, enquire of Colo. Little whether the Hoop poles were, incontestibly, taken from my land; who the persons are that did it—who to prove it—and whether there can be any demur to the propriety (legality I mean) of bringing the Suit in the name of G: A: Washington as my Attorney—not being willing to have my own name called in Court, on this occasion.
Your Aunt joins me in best wishes, & the compliments of the Season to you and Nancy, and I am your sincere friend an[d] affectionate uncle

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