Title: Proclamation, 24 January 1791
From: Washington, George
To:

[24 January 1791]

By the President of the U. States of America
A Proclamation
Whereas the general Assembly of the State of Maryland, by an act passed on the twenty third day of December, in the year one thousand seven hundred and eighty-eight, intituled “An Act to cede to Congress a District of ten miles square in this State, for the seat of the government of the United States,” did enact, that the Representatives of the said State, in the house of Representatives of the Congress of the United States, appointed to assemble at New York on the first Wednesday of March then next ensuing should be and they were thereby authorized and required, on the behalf of the said State, to cede to the Congress of the United States, any District in the said state, not exceeding Ten miles square, which the Congress might fix upon and accept for the Government of the United States.
And the general Assembly of the Commonwealth of Virginia, by an Act passed on the third day of December, One thousand seven hundred and eighty nine, and intituled “An Act for the Cession of ten miles square, or any lesser quantity of Territory, within this State, to the United States in Congress assembled, ⟨for⟩ the permanent Seat of the General Government,” did enact, That a tract of Country not exceeding ten miles square, or any lesser quantity to be located within the limits of the said State, and in any part thereof, as Congress might by Law direct,

should be, and the same was thereby forever ceded and relinquished to the Congress and Government of the United States, in full and absolute Right, and exclusive Jurisdiction, as well of Soil as of persons residing or to reside thereon, pursuant to the Tenor and effect of the eighth section of the first Article of the Constitution of Government of the United States.
And the Congress of the United States by their Act passed the sixteenth day of July one thousand seven hundred and ninety & intituled “An act for establishing the temporary and permanent Seat of the Government of the United States” authorized the President of the United States to appoint three Commissioners to survey under his direction, and by proper metes and bounds, to limit a District of Territory not exceeding ten miles square, on the River potomac, at some place between the mouths of the Eastern Branch and Connogochegue, which District so to be located and limited, was accepted by the said Act of Congress, as the District for the permanent Seat of the Government of the United States.
Now therefore, In pursuance of the Powers to me confided, and after duly examining and weighing the advantages and disadvantages of the several situations within the Limits aforesaid, I do hereby declare and make known, that the location of one part of the said district of ten miles square, shall be found by running four lines of experiment in the following manner, that is to say, Running from the Court House in Alexandria in Virginia, due south west half a mile, and thence a due south East course, till it shall strike Hunting Creek, to fix the beginning of the said four lines of Experiment. Then beginning the first of the four lines of experiment at the point on Hunting creek, where the said south-east course shall have struck the same, and running the said first Line due north west ten miles; then the second line into Maryland, due North east, ten miles; thence the third line due south east, ten miles, and thence the fourth line due south west ten miles, to the beginning on Hunting Creek.
And the said four lines of Experiment being so run, I do hereby declare and make known, That all that part within the said four lines of experiment, which shall be within the State of Maryland, and above the Eastern Branch, and all that part within the said four lines of experiment which shall be within the Commonwealth of Virginia, and above a Line to be run from the point of Land forming the upper Cape of the mouth of the

Eastern Branch due south west, and no more, is now fixed upon, and directed to be surveyed, defined, limited and located for a part of the said district accepted by the said act of Congress for the permanent seat of the Government of the United States; (hereby expressly reserving the Direction of the Survey and location of the remaining part of the present location as is, or shall be agreeable to law.
And, I do hereby direct the said Commissioners, appointed agreeably to the Tenor of the said Act, to proceed forthwith to run the said Lines of experiment, and the same being run, to survey and by proper metes and bounds to define and limit the part within the same which is herein before directed for immediate location and acceptance; and thereof to make due report to me, under their hands and seals.
In Testimony whereof I have caused the seal of the United States, to be affixed to these presents, and signed the same with my hand, Done at the City of Philadelphia, the twenty-fourth day of January, in the year of our Lord one thousand seven hundred and ninety one, and of the Independence of the United States the fifteenth.

George Washington
By the President.Thomas Jefferson


Title: From George Washington to the United States Senate and House of Representatives, 24 January 1791
From: Washington, George
To: United States Senate and House of Representatives

United States January 24th 1791
Gentlemen of the Senate and House of Representatives

I lay before you a statement relative to the frontiers of the United States, which has been submitted to me, by the Secretary for the Department of War.
I rely upon your wisdom to make such arrangements, as may be essential for the preservation of good order, and the effectual protection of the frontiers.

Go: Washington


Title: To George Washington from Lafayette, 25 January 1791
From: Lafayette, Marie-Joseph-Paul-Yves-Roch-Gilbert du Motier, marquis de
To: Washington, George

My Dear General
Paris January the 25th 1791

Give me leave to introduce and recommend to You Mr Kellerman the Son of an Able and patriot General officer in the french Service—it is Not Under the Embroidered Regimentals that we find the Greater Proportion of friends to the Revolution—for which Reason I am the Better disposed to oblige such as Have Sided with us.
The National Assembly Have, whilst I was Engaged in quelling a Riotous fight in one of the Suburbs where some men Had Been Killed, Voted a Bill to prohibit foreign oil, Except that imported By the Americans—But to My Great Concern the Aristocratic Party, Helping the Mercantile interest on our Side of the House, Have altered the Article, so that the duty Has been increased from five to twelve livres—in Vain has it been Moved to Put of the Debate untill I Could Be present—the Opponents Have Carried it—But I Hope We May Get the diplomatic Committee to interfere.
Adieu, My dear General, My Best Respects Wait on Mrs Washington—Remember me to All friends—Most Affectionately and Respectfully Your filial friend

Lafayette


Title: To George Washington from James McHenry, 25 January 1791
From: McHenry, James
To: Washington, George

[25 January 1791]

Mr McHenry begs the President will do him the honor to accept a small parcel of asparagus sent by the stage. It is carefully packed up in dry earth, and if delivered according to directions Mr McHenry hopes it will be found to have lost but little of its vegetable properties


Title: To George Washington from Peter Legaux, 26 January 1791
From: Legaux, Peter
To: Washington, George

Sir
Spring Mill [Pa.] Januy 26th 1791

In July 1787 Your Excellency honored me with a Visit, and encouraged me to proceed in my attempt to bring the Culture of the Vine to perfection in this Country—To this Employment I have devoted all my time; but at the very moment I am about reaping the benefit of my Labor and Industry, and on the point of succeeding in my Attempt, I find myself so situated, that without assistance I shall be obliged to abandon my Enterprize, the Success of which would materially benefit the United States.
The Love which Your Excel⟨len⟩cy bears to this Country, emboldens me to request a favor, which if I obtain will not only qreatly benefit me, but be of lasting advantage to these States.
No one here (at a distance from my native Country, Family, and Fortune) can with as much ease as Your Excellency, confer

this Favor. But it is first necessary that I should prove by the inclosed, that I am not an adventurer, that would impose upon Your Excellency, but an honest Man, who is endeavouring to render himself serviceable to that part of the World which he inhabits.
On the 2d February 1786 I bought in Partnership with Mr Samuel Merian, a Native of Switzerland ⟨&⟩ Merchant in Philadelphia, a Farm belonging to Major Augustine Prevost for the sum of £3300, payable in five years and in three payments—My funds having been employed, part upon the first payments, and the remainder in Improvements upon the Estate, vizt, a Ferry, Lime Kiln, Saw-Mill, Outhouses, and my Partner having disappointed my expectations, in not furnishing on his part his stipulated portion of funds; I was consequently obliged to sell him my Farm, and to take such arrangements as are elucidated in the annexed Agreement of the 30th May 1789.
Now this purchaser, Mr Samuel Merian has failed in the fulfillment of his second Engagements, and finds it even out of his power to make good his promises—This Farm is one of the finest in Pennsylvania, at the distance of 13 miles from Philadelphia, and might suit Your Excellency as a Country Seat while Congress is in Session; if once put into good Order, might be made very productive—This Estate is now liable to be sold by the Sheriff for about £1700 or £1800 Pennsylvania Currency, the sum due to Major Prevost.
If this farm is sold by the Sheriff, and I should not find it in my power to purchase it, I shall loose all the advantages that I might enjoy; shall be obliged to give it up, and abandon all the Improvements towards the Cultivation of the Vine, which already promises Success, and shall have irrecoverably lost the Sum expended on those Improvements.
I can however purchase, having the best founded hopes that I shall have Supplies from Europe; but it is necessary to realize those hopes here, which would require time to effect—I am in expectation of Supplies from my family; but the fear of their coming too late, if the Sale is immediate and for ready money, induces me to take the liberty of communicating to Your Excellency, the critical Situation of my Affairs, and to beg your assistance, should my funds not arrive in time to extricate myself from my Difficulties.

The inclosed Advertisement will serve to give your Excellency, an Idea of the value of the Estate, which would well suit an industrious person in easy circumstances.
I am far from endeavouring to speculate by an advantageous Bargain in the purchase of that Estate my only wish is to retain the advantages I might derive from my Improvements in the cultivation of the vine, were they carried to perfection—and to carry on my plan upon a larger Scale, by adding 30 Acres to my first Vineyard out of Land which is yet covered with wood; but is preferable in point of Soil and Exposition to that Your Excellency saw, and from which the wood would be sufficient to pay the Sum due to Mr Prevost.
The Result of my Improvement in the cultivation of the vine, has hitherto answered my most sanguine expectation—I hope, if I should remain on the Estate, to be able to shew a Specimen of American Wine next fall and a much larger quantity the following years.
I should think myself happy if Your Excellency would either purchase this Estate, and grant me the liberty of carrying on my Improvements under the direction of Your Excellency—or that your Excellency could advance the sum to enable me to make the purchase upon Mortgage on said Estate, until I should receive the funds I expect from my friends in Europe.
One of the two favors I earnestly request of Your Excellency—And on Your Excellency’s Goodness I depend for forgiveness of this bold request—And in Your Excellency’s Patriotism I trust for a favorable Answer hoping that the Country who owes her liberty to Your Excellency’s Wisdom and military Talents, will owe her wine to Your Generosity.
The will of Your Excellency will be my Rule, as it always was grounded on principles of Wisdom and propriety, and a constant aim at the public Good—I am with profound Respect Your Excellency’s most humble & obedt Servt

P. Legaux

P.S. The Bearer Mr Benjamin Nones will receive any answer Your Excellency may be pleased to honor me with.


Title: From George Washington to the United States Senate and House of Representatives, 26 January 1791
From: Washington, George
To: United States Senate and House of Representatives

United States January 26th 1791.
Gentlemen of the Senate and House of Representatives

I lay before you the copy of a letter from the President of the National Assembly of France to the President of the United States, and of a decree of that Assembly which was transmitted with the above mentioned letter.

Go: Washington


Title: From George Washington to the President of the National Assembly of France, 27 January 1791
From: Washington, George
To: President of the National Assembly of France

Sir,
United States January 27th 1791

I received with particular satisfaction, and imparted to Congress the communication made by the Presidents letter of the 20th of June last in the name of the National Assembly of France. So peculiar and so signal an expression of the esteem of that respectable body for a citizen of the United States, whose eminent and patriotic services are indelibly engraved on the minds of his courtrymen cannot fail to be appreciated by them as it ought to be. On my part I assure you, Sir, that I am sensible of all its value.
The circumstances, which, under the patronage of a monarch, who has proved himself to be the friend of the people over whom he reigns, have promissed the blessings of liberty to the French Nation, could not have been uninteresting to the free Citizens of the United States; especially when they recollected the dispositions, which were manifested by the individuals as well as by the Government of that Nation towards their recent exertions, in support of their own rights.
It is with real pleasure, Sir, that I embrace the opportunity now afforded me, of testifying through you to the National Assembly, the sincere, cordial and earnest wish, I entertain, that their labours may speedily issue in the firm establishment of a Constitution, which, by wisely conciliating the indispensable principles of public order with the enjoyment and exercise of the essential rights of man, shall perpetuate the freedom and happiness of the People of France.
The impression naturally produced by similarity of political sentiment are justly to be regarded as causes of national sympathy; calculated to confirm the amicable ties which may otherwise subsist between nations. This reflection, independent of its more particular reference, must dispose every benevolent mind to unite in the wish, that a general diffusion of true principles of liberty, assimilating as well as ameliorating the condition of Mankind and fostering the maxims of an ingenuous and virtuous policy, may tend to strengthen the fraternity of the human race, to assuage the jealousies and animosities of the various subdivisions, and to convince them more and more, that their true interest

and felicity will best be promoted by mutual good will and universal harmony.
The friendship to which the President alludes in the close of his letter has caused me to perceive with particular pleasure, that one who had endeared himself to this Country by an ardent zeal and by useful efforts in the cause of liberty, has by the same titles acquired the confidence and affection of his own. May it ever be his chief aim to continue to be beloved as one of her most virtuous and most faithful Citizens!
I beg you to accept my acknowledgments for the sentiments in the same letter which relate more particularly to myself, and at the same time to be assured of the most perfect consideration, on my part.

Go: Washington


Title: From George Washington to the United States Senate and House of Representatives, 27 January 1791
From: Washington, George
To: United States Senate and House of Representatives

United States January 27th 1791
Gentlemen of the Senate, and House of Representatives.

In order that you may be fully informed of the situation of the frontiers, and the prospects of hostility in that quarter; I lay before you the intelligence of some recent depredations, received since my message to you upon this subject, of the 24th instant.

Go: Washington


Title: To George Washington from William Hull, 28 January 1791
From: Hull, William
To: Washington, George

Sir
Newton [Mass.] 28th Jany 1791

  Soon after your appointment to the Presidency of the United States, I took the liberty of informing you, that I should be willing to serve my country in any public office, in which I could be usefull—By the newspapers, I perceive Congress is about laying an excise on distilled Spirits &c.—altho’ I have not been informed,

what will be the mode of collection, yet as there are a Number of distillerys in the County of Middlesex, as I live in a convenient Situation to exercise the Office of Collector for this County, I now only suggest, that I should be happy in such an appointment, provided such an officer is created by the Law—The present State Collector for the County of Middlesex, is Mr Henley of Charleston, a Gentleman between Seventy and eighty years of age—I know nothing against him, but the advanced period of his life—I shall not trouble you with Solicitations from others, or any kind of recommendations—It is well known to you, whether I deserve the public confidence or not. With every wish for your Happiness, I have the honor to be your most obedt Servt

William Hull


Title: To George Washington from Thomas Farrington, 29 January 1791
From: Farrington, Thomas
To: Washington, George

Boston 29th Jany 1791

Custom has given sanction to what at first View in a modest Mind would seem too assuming; therefore I shall without any

further Apology, offer myself to your Excellency as a Candidate for the Office of Collector or Inspector of Excise, (as the case may be) for the District of Boston in the Commonwealth of Massachusetts: To detail all my Pretensions would be needless (the sum of them are) that I have been employed upwards of Seven years, in the Impost & Excise Office in Suffolk County in this Commonwealth, and my stipend therefor, has been scantily sufficient to support my Family, which consists of a Wife & four small Children[.] That in the year 1790 I was by the two Branches of the Legislature of this Commonwealth by a respectable Majority elected Collector of Excise for said County; And that after Congress had assumed the Debts of the Individual States, the said Legislature in September following, repealed the Law by which I was elected; In consequence thereof I shall within a few weeks be out of Employ, & without a Capital to put myself in Business; If a firm & unreserved Attachment to the Liberties of the United States of America, which has been manifested by a cheerfull application of Money & Property during the Late War, as well as personal Exertions; & If the Complacency, & general Approbation of my Fellow Citizens, are any Recommendations, I can with Confidence plead them; Shall rest at least with a Ray of Hope that your Excellency will be please to grant me this Office or some other, suited to my Abilities, I am with every sentiment of Esteem & Respect your Excellencys most Humble & Most obedient Sert

Thomas Farrington


Title: To George Washington from Stephen Hooper, 29 January 1791
From: Hooper, Stephen
To: Washington, George

Sir
Newbury Port [Mass.] Jany 29th 1791

Awed by a sense of your Dignity, it is with extreme reluctance that a Citizen of Newbury Port in the County of Essex & state of Massachusetts, presumes to crave a Moment of your Excellencys Attention, or trouble you with his sollicitations.
from late information, that Congress are progressing in a new

System of Excise to increase the Revenue of the United states and if establish’d, Officers will be necessary to inspect the same; I have assum’d the Liberty of tendering my best services to my Country in that Line—and should your Excellency find my Abilities equal & my Character as worthy as any who may have applied for such an Office; the preference, your Excellency may deem proper to bestow on me, will stimulate me to honour the appointment, and most gratefully to acknowledge the favor.
impress’d with a sense of my presumption in applying thus late for your Excellencys favor, I beg humbly to alledge, that an ignorance of such Office being establish’d, and a natural timidity of addressing your Excellency on the subject, have been the Reasons for so late an Application, which I fear may have had the appearance of a deficiency of Respect for so august a Character. I am sir with sentiments of the most profound Respect Your Excellencys most Obedient & most Humble servant

Stephen Hooper


Title: To George Washington from Edward Newenham, 31 January 1791
From: Newenham, Edward
To: Washington, George

Dear Sir
31 Jan⟨y⟩ 1791

This day, I received most particular pleasure in a carefull & attentive reading of your address to Congress on the 8th of last December.
I rejoice that Kantuc⟨ey⟩ is received as another State of the

Union; it will now prove a Barrier towards Canada, but had it not been amicably settled, it might (at some futare Period) be a troublesome Nieghbour, & resent its being rejected by the original Union; I have had my fears about it these some years; your Observations on the State of Europe & your advice to your Countrymen how to Act at this Period, prove that your Country Judged right in selecting you as their President; your Mediteranean Trade may prove a source of wealth to the states, could you make Treaties with the Pyratical states of the African Shoar—& a General Process of Execution on Sentences Issuing from the Foederal Courts should be the same in all the states, with one Mint, standard of Weights & Measures; The whole proves the wisdom, displays the Abilities & marks the Integrity of George Washington; All Titles sink beneath Intrincic Merit.
The Affairs of France have unremittingly occupied my Mind & attention for these 12 Months; Such a Revolution is unexampled in History, but I fear they have attempted too much at once—old prejudices—Customs—and feudal obedeince could not at a Moment be dissolved—the Law, Church, Navy, & Army were too ponderous for an Instant Reformation; the General Refusal of the Bishops & many of the Inferior Clergy to take the Civic oath may (& I fear will) create Violent Commotions; the Clergy have still a Stronghold on the weak, the Superstitious and to these may be added the ⟨Disented⟩ on Both Sides, as also those Princes, who, dreading a Reform in their own States, are ready to oppose the Revolutionists; all these degrees of Men being combined, may prove a formidable power, besides I have great doubts of the Patriotism & Integrity of many in the Regular Army, as I Know their Principles; however a few weeks will give the public some Idea of their situation; at present we have not had any News from Paris these 15 days, as there are 9 English Mails due; the Westerly winds having continued so long.
I have often feared for our truly worthy & Brave Friend the Marquiss Le Fayette; Reports of Assassination, Dismissal, Banishment, were often in the Papers; Union with Conde & Artois, Quarrels with Orleans; all these were told in the Flanders & Dutch papers with Every appearance of Proba[bi]lity—and the British Court papers added the wishes of the Freinds of Royal Despotism, thereby rendering, & adding, to the Continental Lies—Knowing his Integrity, I approve of Every thing that has

his Sanction, & condemn what he dislikes—on him I build my Political Faith—he Learned his Rudiments at Mount Vernon.
The Spanish Convention was a Lucky Circumstance for the National Assembly; a War would have totaly deranged them; they could not Carry on a War, & form a new Constitution at the same period; I mean to thank the Minister in some part of some of Speeches this Session, for having concluded the Convention & thereby served the Cause of Freedom in France; I wish Great-Brittain would now conclude an offensive & Defensive Alliance with France & America.
our Parliament has met, & contrary to Custom, they have begun well—they have entered, with Spirit, into an Enquiry how to Lessen the Consumption of that poysonous Spirit, whiskey—which has so debilitated & ruined our Manufacturers & Labourers, that thousands are Starving & Trade hurted—the General Cry of the Capital became too powerfull to be any longer Stifled; the Great point is, what Tax to Impose to make up the Deficiency to the Crown, & how to prevent Smuggling; for the higher the Duty is raze on any Commodity, the greater Encourgement is given to the Adventurous Smugler; French Brandy & Holland Gin will be Smuggled; my proposals will be to Lessen the Duty on Wine & Enact severer Laws against Smugglers, & for Every Member in the House to pledge himself to Support the Fair Trades & discountenance the Illicit Smuggler.
Such Storms—nay Harricanes, were never Known on the Coasts of this Island; for 42 days it has blown (2 Days Excepted) one continued Storm; our Shoares are covered with Shipwrecks—Even the fishing Boats have added to the General Loss—the whole Island is become drenched with water; we have to Dread a bad Crop of Corn, as the Wet has washed two thirds of the Earth away from the autumn seed; at present, we are well enough Supplied & send some oates & Potatoes to Foreign parts; Hay is in Great plenty—Horses are become immoderately dear, though there is no foreign Call for them; France used to take 200 a year of our Middle Price hunters & this year only 20 were Exported—the Number is Kept up expecting a Continental War.
I do not like the Imperial Catherine overpowring the Turkish Empire; it will give her too great a Sway in Europe; Sweden & Denmarke will be her Tributaries, She will command the Balticke

& ride Triumphant in the Archiopelago; though half a Century hence may See Siberia become an Independant Nation, & Kamsetaska the Soverign of her Seas to Japan on one side & Chili on the other; on the Least appearance of a Revolution in Russia, her distant Provinces will set up for themselves, & the European powers will plant Colonies & Supply the Boundaries of Asia with Ammunition & Arms; her Empire is growing too unwieldy, there are many Nations of many Tempers & as many Languages at present under her Dominion—her Weight will preponderate against her.
Is it not astonishing that the Spirit of Liberty has never yet Shewd itself in Spain or Portugal? If ever it gets the Smallest opening in the first, it must prevail, & Toledoes Riches will be turned to their proper use; the Clergy of that Kingdom requires more reform than the Immediate Servants of the Vatican—there is no Subjects in the Habitable Globe under such unnatural Tyranny as the People of Spain—as to Portugal, no Reformation will ever take place there untill the Dons are Emancipated.
I cannot account for it, but when I begin a Letter to your Excellency, I am so desirous of Shewing my Respect & sincere regard, that I am Guilty of great Impropriety in taking up so much of your Time, which could be so much better imployed in the service of your Country, or in Cultivating Mount Vernon—to see that Spot—to Converse with its Proprietor has been a Chief Wish of my heart, but Cursed Law prevented me for the Space of four years & I am declining in years—Yet! Yet! I do not relinquish the pleasing hope of Gods permitting me to Enjoy Health & an opportunity of personally saluting you & Mrs Washington.
on the late Prospect of a War with Spain my third Son Charles Burton Newenham (An American in Principle) who was a young Midshipman, but had serv⟨ed⟩ with Honor & Credit during the former war, entered on Board a Ship of War, Captain Phill⟨i⟩ps Cosby Comander, who is my Relative—finding that Junior officers were to be promoted I applied in favor of Merit & long Services to the Lords of the Admiralty that He should be promoted in the Next List—the Answer was—you, Sr Edward, are against us in Parliament—however Captain Cosby was made an Admiral in his Turn, & then demanded that my Son should be made Lieutenant—this the Admiral had a right to, & he is, by

this days English Gazette, appointed a Lieutenant; this refusal was a poor Effort of Ministerial Vengeance—for my vote on the Regency Buisiness.
Had your Glorious Fellow-Citizens not Succeaded in Supporting the Just rights of Man, I should have forfeited both Life & Estate, as it is long Since well Known that I was among the first Proscribed Victims, for the Evidence of my Sending off the Cargoe of Gun-Powder to Boston—& now they carry their Vengeance to my Children; this Son, happens also, to be a Member of the whig Club of Ireland—that is a Species of Treason in the Eyes of the Present Ministry—however I am happy, for I Know I acted Honestly
  Permit me to assure your Excellency that you have not a warmer friend in the United States than I am—nor is there a Family (My Eldest son Excepted who is not of my Principles) that has more respect or Sincerer Good wishes for Mrs Washingtons & your Health & Happiness, than Lady Newenham & her Children—5 Daughters & 4 sons—besides the Eldest—I have the Honor to remain, with Respect, my Dear Sir, your most obliged & faithfull Humble Servant

Edward Newenham

  Permit me to Enquire of your Excellency if you can inform me whether Colonel Wadsworth of New Hampshire be alive, as I have often wrote to him, & never receivd an Answer—I am not Sure whether he is of Connecticut or New Hampshire—he has wrote to me, & I answerd his, but it does not appear, that he received any of my Letters these 3 years, as I have not heard from him.


Title: To George Washington from Andrew Ellicott, 1 February 1791
From: Ellicott, Andrew
To: Washington, George

Sir
Philadelphia Feby 1st 1791

I observe by the treaty of peace between the United States, and Creek Indians, that the running of certain lines agreed upon by the Secretary of War, on behalf of the United States, and the principal Chiefs of the Creeks, (limiting the claims of the two Nations,) is to commence next October.
From a long, and extensive practice in the running of astronomical, and other lines, and being likewise possessed of all the necessary instruments for executing such work with the greatest accuracy, I am induced to offer my services on the above occasion. I have the honor to be with the Highest respect your most Obedient servant

Andw Ellicott


Title: To George Washington from Daniel Hopkins, 1 February 1791
From: Hopkins, Daniel
To: Washington, George

Sir,
Philadelphia (Auditors Office)Februa. 1st 1791

As the collection of the Excise duties, about to be imposed by Congress, will probably riquire a number of appointments; I humbly beg leave to offer myself as a candidate for the district of Hartford in the State of Connecticut; which is the place of my established residence.
Should your Excellency think fit to notice this request, my character will be given by the Honble Members of the Senate and House of Representatives from Connecticut, (some of which have encouraged me to make this application) or by the Auditor

of the Treasury. I am sir, with the greatest respect, your Excellency’s most obedient and most humble servant

Daniel Hopkins


Title: From George Washington to Thomas Jefferson, 1 February 1791
From: Washington, George
To: Jefferson, Thomas

My dear Sir,
Tuesday Evening [1 February 1791]

Nothing in the enclosed letter superceding the necessity of Mr Ellicots proceeding to the work in hand—I would thank you, for requesting him, to set out on thursday; or as soon after as he can make it convenient: also for preparing such instructions as you may conceive it necessary for me to give him for ascertaining the points we wish to know; first, for the general view of things—& next for the more accurate & final decision. Yrs sincerely & Affly

Go: Washington


Title: To George Washington from Alexander Martin, 1 February 1791
From: Martin, Alexander
To: Washington, George

Sir,
  [1 February 1791]

I do myself the Honour of transmitting to you herewith “An Act” of the General Assembly of this State passed at their last Session “to carry into Effect a Resolution of Congress passed the twenty-ninth Day of September in the year 1789.” which I have to request you will please to communicate to the Congress of the United States. I have the Honour to be with most respectful Consideration Sir, Your most obedient Humble Servant,

Alexander Martin


Title: To George Washington from David Frederic Oehler, 1 February 1791
From: Oehler, David Frederic
To: Washington, George

Most gracious Lord
Crimmitschau near Leipsig in Saxonyd 1 februar 1791.

Forgive My lord, that a Stranger takes so much a Lyberty, as to trouble such a great men as You are with a Letter. But as you are the Præsident in the Magistrate of the United Provinces, I lay a Case with all humbly Submission for Your Excellen⟨z⟩e and call for Right! Two Merchand Partners Mr Leek & Melbek at Phyladelphia own me a Debt of R.,dollar, 2483 in franz Louidor a 5 R.dollar, for Wolln Etoffs, with wich I indrustit them in the Year 1783, & 1784. acConts ⟨illegible⟩ I lay in closd by. for all, I dit write a great many Letters to Lek & Melbek, but very seldom the dit me give any answer, and it praesent the are as I belive resolvd, to pay me nothing it all, and begin to act as Cheats, because the belive, the great distantz betwen our Countrys make it for me impossible to get my Property from them.
Great Sir, You are Known amongst us, not only as a great General, but in some tim, as a very Just and honest men; by einquiring, in my Case, the will be found truth, I humbly begg to You

for Your gracieux Assistenz, I am certain that a little motion from Your Excellen⟨z⟩ in my behalf, wil save my Property.
I am a German of the Province of Saxony, and cares on a Manufacture of Woolln Cloths, flanells and Etoffs. Our General the Count ⟨Solms⟩, by Whom I had Three Years ago, the plaisure as I paid hem a Visitt, to see Your Portraid, the General enjois by hes great Age a very good health; he Knows me as a honest men and as a men of reputation.
Pray let me hear that You forg⟨i⟩ve my Lyberty, and something comfortables in my Case. I pray You my humbly Respect, and remain with all Submission Your Excellency most Obedient faithfull humble Servant

David Frederic Oehler
Conseiller des finances, de ⟨illegible⟩ le Electeur de Sax


Title: From George Washington to William Deakins, Jr., and Benjamin Stoddert, 3 February 1791
From: Washington, George
To: Deakins, William Jr.,Stoddert, Benjamin

Gentlemen,
Philadelphia Feby 3d 1791

In asking your aid in the following case permit me at the same time to ask the most perfect secrecy.
The federal territory being located, the competition for the location of the town now rests between the mouth of the Eastern branch, and the lands on the river, below and adjacent to George town. In favour of the former, Nature has furnished powerful advantages. In favour of the latter is it’s vicinity to George town, which puts it in the way of deriving aids from it in the beginning, and of communicating in return an increased value to the property of that town. These advantages have been so poised in my mind as to give it different tendencies at different times. There are lands which stand yet in the way of the latter location and which, if they could be obtained, for the purposes of the town, would remove a considerable obstacle to it, and go near indeed to decide what has been so long on the balance with me.
These are, first, the lands on the S. West side of a line to be run from where the Road crosses Goose creek in going from George town to the Eastern branch to the corner of Charles Beatty’s lot; including by the plat of Beatty & Orme the house of William Paerce; or, if the whole of this parcel cannot be obtained, then secondly so much as would lie within a line to be run from the said ford, or thereabouts, to the middle of the line of cession which extends from the corner of Beatty’s lot, as above mentioned to its termination on Goose Creek. Thirdly, the lands of Mr Carrol between Goose Creek, the river & Mr Young, to the same ford of the Creek.
The object of this letter is to ask you to endeavor to purchase these grounds of the owners for the public, particularly the 2d

parcel, but as if for yourselves, and to conduct your propositions so as to excite no suspicion that they are on behalf of the public.
The circumstances of the funds appropriated by the States of Virginia and Maryland, will require that a twelve month’s credit be stipulated, in order that they may cover you from any inconvenience which might attend your personal undertakings. As the price at which the lands can be obtained would have it’s weight also with me, I would wish that in making your bargains you should reserve to yourselves as fortnight’s time to consider, at the end of which you should be free to be off or on, but the seller not so, This will admit your writing to me & receiving my definitive answer.
A clear purchase is so preferable to every other arrangement, that I should scarcely think any other worthy attention.
I am obliged to add that all the dispatch is requisite which can consist with the success of your operation, and that I shall be glad to hear by post of your progress, & prospect of the accomplishment of this business, in whole or part. I am Gentn Yr Most Obedt Hble Ser⟨vt⟩

Go: Washing⟨ton⟩

P.S. That my description of the lands required in the foregoing letter may be clearly understood, and my wishes further explained, I enclose you a rough (& very rough indeed it is) copy of the ceded tracts, roads, &ca, of Messrs Beatty & Orme’s Survey—adding thereto lines of augmentation. To obtain the lands included within the lines A B & C is my first wish, and next to that the lands within the lines D E & F; but those with the lines D E, and along the Creek to C, are indispensably necessary: and being not over 250 Acres might, I suppose, be easily obtained. It ought to be the first essay; and I wish to know as soon as possible the result of it, before any others are directly attempted. G.W.


Title: Tobias Lear to the United States Senate and House of Representatives, 3 February 1791
From: Lear, Tobias
To: United States Senate and House of Representatives

Sir,
Thursday Feby 3d 1791.

I will thank you to send me, from time to time, two copies of such bills as may be printed by order of the Senate, previous to their passing into laws; and likewise two copies of your Journals as they are printed.

I am induced to make this request from a wish which the President of the United States often expresses to see the bills in this stage.
If there are any bills of this description now with you I will thank you to send them. I have the honor to be, very respectfully Sir Your most Obedt Servt

Tobias Lear


Title: To George Washington from Aaron Dunham, 4 February 1791
From: Dunham, Aaron
To: Washington, George

Trenton [N.J.] 4th Feby 1791

The subscriber being informed, that, by the Excise Law an Inspector of the Revenue will be necessary for the State of New Jersey; he begs leave to offer himself for that appointment. For his Character and Pretensions he refers to the Testimonials herewith transmitted, and to the Senators and Representatives of this State in Congress.

Aaron Dunham


Title: To George Washington from Paul Revere, 5 February 1791
From: Revere, Paul
To: Washington, George

Sir
Boston 5 Feby 1791

Without troubling your Excellency with a detail of circumstances, which induce me to wish for some employment, under the general Government, I beg leave to offer my self as a candidate for any office in the proposed sistem of Excise, which I may be qualified to fill. As I can not claim the honor of such a personal aquaintance with your Excellency, as will furnish you with sufficient information of my character, I beg leave (should you ever think the subject so far worthy your attention, as to enquire) to refer you to Genl Knox, Genl Lincoln, Mr Ames or Mr Gerrey. I am Sir with all possible respect, your Excellencys obednt humb. Servt

Paul Revere


Title: From George Washington to Angelica Schuyler Church, 6 February 1791
From: Washington, George
To: Church, Angelica Schuyler

Madam,
Philadelphia Feby 6th 1791

As the letter, which you were pleased to address to me on the 27th of November, relates to an event of public import, yet to be determined, and on which the decision may be governed by circumstances not yet considered, I can only do myself the honor to acknowledge the receipt of it—and to express the respectful consideration with which I am Madam Your most Obedt Servt

Go: Washington


Title: From George Washington to Battaile Muse, 6 February 1791
From: Washington, George
To: Muse, Battaile

Sir:
Philadelphia February 6th 1791

It has been intimated to me, that Mr Windsor, a tenant of mine, wishes to relinguish the Lease which he retains for a pa⟨rt o⟩f my land in the Co⟨unty⟩ of Frederick; ⟨and as my⟩ Sister Lewis ap⟨pears anxio⟩us to ⟨get it for th⟩e purpose ⟨of concentrating⟩ her ⟨property adjo⟩ining and ⟨agrees to take⟩ it ⟨upon the⟩ same terms by wh⟨ich it is held⟩ at present; this will explai⟨n to⟩ you, my approbation of her proposal, provided, Mr Windsor is still disposed to surrender his occupancy. I am, Sir, your Most Obt Servt

Go: Washington


Title: To George Washington from James Collins, 7 February 1791
From: Collins, James
To: Washington, George

Sir,
Philadelphia Feby 7th 1791

The bill for laying certain duties on distilled Spirits being now in great forwardness in Congress, will it is expected shortly come before your Excellency and in Case you should be pleased to

pass it into a Law, it is provided by the said bill that the States may be divided by you into General Districts and an Inspector appointed for collecting the Duties in each.
From my long residence in the County of Berks in this State from my general knowledge of the Inhabitants in that and the adjacent Counties and my extensive family connections therein, I flatter myself that I could execute satisfactorily the Duties of the Office of Inspector for the District that may include those Counties and am therefore induced to offer myself to Your Excellency as a candidate for the Appointment. Encouraged in this application by most of the Members of Congress for this State I beg leave to refer you to them for my Character. I have the honour of being with the greatest respect, Sir, Your Most Obedient Servt

Jas Collins


Title: To George Washington from Joseph-Léonard Poirey, 8 February 1791
From: Poirey, Joseph-Léonard
To: Washington, George

Excellency
Paris le 8 fevrier 1791

M. de De la Fayette m’a remis le Brevet de Capitaine au service des Etats-unis d’amérique que vous avez eu la bonté de lui envoyer pour moi: permettez-moi de vous en faire mes remerciements et de mettre à vos pieds l’homage de ma Reconnoissance et du Respet avec lesquels je suis de Votre Excellence le tres humble et tres obeissant serviteur.

Poirey


Title: To George Washington from Moses White, 8 February 1791
From: White, Moses
To: Washington, George

Sir
Rutland; County of Worcester, State of Massa.February 8th 1791

Your readiness & patience to hear the wants of every citizen, hath emboldened me to lay before You my situation, & claim

Your patronage. Early in the late War, contrary to the advice of my Connections, I entered into the Army, where I continued to its disolution—Although, it was my lot to fall into a Regt that was unhappy on many accounts, & proved injurious to its Officers, Yet, I am Conscious of having executed my Duties with fidelity, & to the best of my Abilities and I was happy in meeting with the approbation of the Officers & the possession of the Confidence of the soldiery—But I had the missfortune of retireing from the Army with loss of health; in the month of Sept. 1782 in executing a piece of duty, through excessive fatigue, I ruptured a blood vessell in my Lungs, that proved the source of a long & painfull indisposition, four years I was languishing without, scarcely the hope of reliefe, two winters, I was under the necessity of seeking a Milder Climate as a necessary Alternative it proved in some measure salutary, by slow degrees I have been restored to a partial state of health, but during this whole time I was unable to attend to any kind of business whatever, which reduced me to the hard necessity of parting with my public securities for the inconsiderable consideration of 2/6 for the ⟨pillegible⟩ besides being beholden to my friends for considerable supplies—I have an amiable wife & an encreasing family who look up to me for support, in justice to whome I think it my duty, to tender, to that Country, in whose service I have spent my best days, & that which is yet of more consiquence, my health, my time & services. To You, Sir, I take the liberty of making this tender—so far as my claims to public favour, in reference to others, shall appear to you deserving, so far I beg leave to sollicit Your patronage. Should any employ offer in the arrangement of the Excise, wherein I can be usefull—I can only answer, that no one can receive such a favour with more gratitude, or strive more to deserve it. I have the honour to be, with all deference & respect sir Your most obedient & most humble servant

Moses White


Title: To George Washington from William Deakins, 9 February 1791 [letter not found]
From: Deakins, William Jr.,Stoddert, Benjamin
To: Washington, George

Letter not found: from William Deakins, Jr., and Benjamin Stoddert, 9 Feb. 1791. In a letter to Deakins and Stoddert, 17 Feb. 1791, GW refers to “favors of the 9th and 11th instant.”


Title: To George Washington from William Matthews, 9 February 1791
From: Matthews, William
To: Washington, George

Sir
Baltimore the 9th Feby 1791.

I humbly beg leave to present you a Paper signed by a few of my respectable Neighbours. It would not have been the least difficult for me to have Increased the Number but considering that it is well known with how much facility the General Benevolence is mov’d to Acts of this kind, I concluded to spare you Sir the trouble of a lenthy Scrawl and my self the pain of soliciting Suffrages that might be but little known, but permit me further to refer you to William Smith Esqr. of Maryland to whom I have the Honor of being well known. I have the Honor to be Sir With the most perfect Respect Your most obedient and Most humble Servant

Wm Matthews


Title: From George Washington to Catherine Sawbridge Macaulay Graham, 10 February 1791
From: Washington, George
To: Graham, Catharine Sawbridge Macaulay

Madam,
Philadelphia Feby 10th 1791.

At the sametime that I acknowledge the receipt of your letter of June last, with which I have been honored, I must beg you to accept my best thanks for your treatise on Education which accompanied it.
The anxiety which you express for the welfare of this Country demands a proper acknowledgment; and the political sentiments which are contained in your letter merit a more particular

reply than the multifarious and important business in which I am constantly engaged (especially while Congress are in Session) will permit me to make. I must therefore, Madam, rely upon your goodness to receive this short letter as an acknowledgment of your polite attention, and beg you to be assured that my not entering at this time, more fully into the subject of your favor does not proceed from a want of that consideration with which I have the honor to be Madam Your Most Obedt Hble Ser.

Go: Washington


Title: To George Washington from William Deakins, 11 February 1791 [letter not found]
From: Deakins, William Jr.,Stoddert, Benjamin
To: Washington, George

Letter not found: from William Deakins, Jr., and Benjamin Stoddert, 11 Feb. 1791. In a letter to Deakins and Stoddert, 17 Feb. 1791, GW refers to “favors of the 9th and 11th instant.”


Title: To George Washington from Nicholas Fish, 12 February 1791
From: Fish, Nicholas
To: Washington, George

Sir.
Philadelphia February 12th 1791

Under a wish not to intrude, I presume to express my desire to be employed under the Government which You preside over.

Should You judge me qualified Sir, to execute the Office of Inspector for the District of New York, created by the Revenue Bill now before Congress, I take the liberty Sir to lay my pretensions before You. I have the honor to be Sir with the greatest respect and esteem your most obedient and very humble Servant

Nichos Fish


Title: To George Washington from Edmund Randolph, 12 February 1791
From: Randolph, Edmund
To: Washington, George

Sir
Philadelphia Feby 12th 1791

I had arranged a course of animadversions to be transmitted to you, on the expediency of the Bank-bill—but after the recollection of the two conversations, which I have had the honor of holding with you on this subject, I am uncertain whether its expediency constitutes a part of your enquiry from me. If it should be your pleasure, that I should enter into this branch of the question, I can accomplish it on the notice of a few hours.
The enclosed observations No. 1. go as far as I am able to discover, to the substance of the dispute. They arise from an examination of the Constitution itself.
There is indeed a minor class of arguments against the Bill, which I have received through the public prints & other sources of communication. There is also an inferior order of Arguments in favor of the bill, obtained thro’ the same channels, both descriptions are destitute of influence on my mind but lest I may have depreciated them below their value, I have resolved to state

them to you in the paper No. 2. I have the honor sir, to be with the greatest respect Your Mo: Obedt Servt

Edmd Randolph


Title: Enclosure: Opinion on the Constitutionality of the Bank, 12 February 1791
From: Randolph, Edmund
To:

February 12th 1791

The Attorney General of the United States in obedience to the order of the President of the United States, has had under consideration the Bill, entitled ‘An Act to incorporate the subscribers to the Bank of the United States,” and reports on it, in point of Constitutionality as follows:
It must be acknowledged, that, if any part of the bill does either encounter the Constitution, or is not warranted by it, the clause of incorporation is the only one.
The legal properties of this Corporation would be,
1st  To have succession untill the 4th of March 1811.
2d  to purchase, receive, & retain, real and personal property to an amount not exceeding, fifteen millions of Dollars, including the Capitol Stock.

3d  To sell & dispose of the property.
4. To sue & be sued.
5. To have a Common seal; and
6. to make by-Laws, and do all Acts, appertaining to the Corporation, under certain restrictions prescribed in the act.
These properties with different modifications in some instances, belong to all Corporations: their importance strikes the eye.
That the power of creating Corporations is not expressly given to Congress, is obvious.
If it can be exercised by them, it must be;
1st because the nature of the Federal government implies it; or
2d because it is involved in some of the specified powers of Legislation: or
3. because it is necessary and proper to carry into execution some of the specified powers:
1. To be implied in the nature of the Fœderal government would beget a doctrine so indefinite, as to grasp every power.
Governments, having no written Constitution, may perhaps claim a latitude of power, not always easy to be determined. Those, which have written Constitutions, are circumscribed by a just interpretation of the words contained in them—nay farther; a legislature instituted even by a written constitution, but without a special demarkation of powers, may perhaps be presumed to be left at large, as to all authority, which is communicable by the people, and does not affect any of those paramount rights, which a free people cannot be supposed to confide even to their representatives. Essentially otherwise is the condition is the condition of a legislature, whose powers are described. An example of the former is in the State Legislatures; of the latter, in the Legislature of the foederal government, the characteristic of which has been confessed by Congress in the twelfth amendment, to be, that it claims no powers which are not delegated to it.
This last observation straitens the federal powers, and opposes an opinion, not unpatronized, that, Congress may exercise all authority, to which the states are individually incompetent.
If any subject of government, from which the states are not excluded by the Constitution, be beyond their jurisdiction

within their own limits, let it be shewn: it cannot be easily conceived.
But what, if such a subject should really exist? Is the argument less conclusive to say, that the states must retain it, because it is not given to the federal government, than that the latter although limitted in itself possesses it, because it is not within the verge of a state-constitution? While, on the one hand it ought not to be denied that the federal government superintends the general welfare of the states, it ought not to be forgotten, on the other, that it superintends it according to the dictates of the constitution.
The opinion, above alluded to, can have only one other object, namely, that every institution, to which a single State can give efficacy, only within its own boundaries, devolves on congress. But the extravagance of such a position is manifested by a single circumstance, that the cutting of canals thro’ two or more States, at the will of Congress, is one of its least consequences.
2. We ask then, in the second place, whether upon any principle of fair construction, the specified powers of legislation involve the power of granting charters of incorporation? We say charters of incorporation, without confining the question to the Bank; because the admission of it in that instance, is an admission of it in every other, in which Congress may think the use of it equally expedient.
There is a real difference between the rule of interpretation, applied to a law & a Constitution. The one comprises a summary of matter, for the detail of which numberless Laws will be necessary; the other is the very detail. The one is therefore to be construed with a discreet liberality; the other with a closer adherence to the literal meaning.
But when we compare the modes of construing a state, and the federal, constitution, we are admonished to be stricter with regard to the latter, because there is a greater danger of Error in defining partial than general powers.
The rule therefore for interpreting the specified powers seem to be, that, as each of them includes those details which properly constitute the whole of the subject, to which the power relates, the details themselves must be fixed by reasoning. And the appeal may on this occasion be made to common sense & common language.
Those powers, then, which bear any analogy to that of incorporation,

shall be examined separately in their constituent parts; and afterwards in those parts, which are urged to have the strongest resemblance to the favorite power.
1. Congress have power to lay & collect taxes &c:—the heads of this power are,
1. to ascertain the Subject of taxation &c.
2. to declare the quantum of taxation &c.
3. to prescribe the mode of Collection; &c.
4. to ordain the manner of accounting for the Taxes &c: 2dly Congress have also power to borrow money on the credit of the United States.
the heads of this power are,
1. to Stipulate a sum to be lent
  2. —“an interest, or no interest to be paid, &
  3. —“the time & manner of repayment, unless the Loan be placed on an irredeemable fund.
3. Congress have also power to regulate commerce with foreign Nations, among the several states, and with the Indian tribes.
The heads of this power with respect to foreign nations, are;
1. to prohibit them or their commodities from our ports.
2. to impose duties on them, where none existed before, or to increase existing Duties on them.
3. to subject them to any species of Custom house regulations: or
4. to grant them any exemptions or privilages which policy may suggest.
The heads of this power with respect to the several States, are little more, than to establish the forms of commercial intercourse between them, & to keep the prohibitions, which the Constitution imposes on that intercourse, undiminished in their operation: that is, to prevent taxes on imports or Exports; preferences to one port over another by any regulation of commerce or revenue; and duties upon the entering or clearing of the vessels of one State in the ports of another.
The heads of this power with respect to the Indian Tribes are
1.to prohibit the Indians from coming into, or trading within, the United States.
2. to admit them with or without restrictions.
3. to prohibit citizens of the United States from trading with them; or

4. to permit with or without restrictions.
4. Congress have also power to dispose of, & make all needful rules and regulations, respecting the territory or other property belonging to the United States: the heads of this power are.
1. to exert an ownership over the territory of the United States, which may be properly called the property of the United States, as is the western Territory; and to institute a government therein; or
2. to exert an ownership over the other property of the United States.
This property may signify,
1. Personal property of the United States howsoever acquired, or
2. real property, not aptly denominated territory, acquired by cession or otherwise.
It cannot signify
1. Debts due from the United States.
2. Nor money arising from the sources of revenue, pointed out in the Constitution. The disposal and regulation of money is the final cause for raising it by taxes &.
5. The preamble to the constitution has also been relied on, as a source of power.
To this it will be here remarked, once for all, that the preamble, if it be operative is a full constitution of itself; and the body of the Constitution is useless; but that it is declarative only of the views of the convention, which they supposed would be left fulfilled by the powers delineated; and that such is the legitimate nature of preambles.
With this analysis of the foregoing specified powers, compare each of the corporate powers: and where is the similitude? It lies, say the advocates of the Bill; in the power to lay & collect taxes &c.; because it facilitates the payment of them: in that of borrowing money; because it creates an ability to lend: in that of regulating commerce; because it increases the medium of circulation; and thus encourages activity & industry. In that of disposing and regulating property; because the contributions, and the interest of the United States in the Banks, are property of the United States. Of each of these reasons something will be said in their order.
The incorporation of a Bank can facilitate the payment of taxes, only by createing a faculty to pay, or by supplying a deficient

medium, or by rendering the transportation of money to the Seat of government more convenient. But to lay and collect taxes is in fact to demand & recieve a public Debt, resting the mode of procuring the money on the resources of the debtors; and as to its transportations, surely there are many other vehicles besides bank-bills.
To borrow money presupposes the accumulation of a fund to be lent; and is secondary to the creation of an ability to lend.
By regulating commerce, in order to increase the medium of circulation cannot be intended [by] any of the commercial powers, designated above; these being very remote from the incorporation of a bank. Nor can it be imagined, that it is intended to reach the emission of paper money. What construction remains, by which to regulate commerce can increase the medium? Only the emission of coin, which is licenced in terms by another clause.
To dispose of, or to regulate property, even bank stock itself, is utterly distinct from the incorporation of a bank; for the contributions on which the bank-stock arises, go upon the principle, that a bank already exists; how else can contributions be made to it?
But, in truth, the serious alarm is in the concentered force of these sentiments—If the laying and collecting of taxes brings with it every thing, which in the opinion of Congress, may facilitate the payment of taxes: if to borrow money sets political speculation loose, to conceive what may create an ability to lend: if to regulate commerce, is to range in the boundless mazes of projects for the apparently best scheme to invite from abroad, or to diffuse at home the precious metals—if to dispose of, or to regulate property of the United States, is to incorporate a bank, that stock may be subscribed to it by them; it may without exaggeration be affirmed, that a similar construction on every specified fœderal power will stretch the arm of Congress into the whole circle of State Legislation.
The general qualities of the foederal government, independent of the Constitution, and the specified powers, being thus insufficient to uphold the incorporation of a bank; we come to the last enquiry, which has been already anticipated, whether it be sanctified by the power to make all Laws which shall be necessary and proper for carrying into execution the powers, vested

by the Constitution. To be necessary is to be incidental, or in other words may be denominated the natural means of executing a power.
The phrase, “and proper”, if it has my meaning, does not enlarge the powers of Congress, but rather restricts them. For no power is to be assumed under the general clause, but such as is not only necessary but proper, or perhaps expedient also; but, as the friends to the bill ought not to claim any advantage from this clause, so ought not the Enemies to it, to quote the clause as having a restrictive effect: both ought to consider it, as among the surplusage, which as often proceeds from inattention, as caution.
However, let it be propounded as an eternal question to those, who build new powers on this clause, whether the latitude of construction which they arrogate, will not terminate in an unlimitted power in Congress?
In every aspect therefore under which the attorney general can view the act, so far as it incorporates the bank, he is bound to declare his opinion to be against its constitutionality.

Edmd Randolph


Title: Enclosure: Additional Considerations on the Bank Bill, 12 February 1791
From: Randolph, Edmund
To:

No.2Feby 12th 1791.
The attorney general, holding it to be his duty to address to the President of the United States, as the grounds of an official opinion, no arguments, the truth of which he does not acknowledge; has reserved for this paper several topic’s, which have more or less influenced the friends & enemies of the bank-bill; and which ought therefore to be communicated to the President.
1. The enemies of the bill have contended, that a rule of construction, adverse to the power of incorporation, springs out of the constitution, itself; that after the grant of certain powers to Congress, the Constitution, as if cautious, against usurpation, specially grants several other powers, more akin to those before given, than the incorporation of a bank is to any of those, from which it is deduced.

This position they say, has been exemplified in four instances.
1. A Power is given to regulate commerce; and yet is added a power to establish uniform laws on the subject of Bankruptcies through out the United States: to fix the standard of weights & measures; and to establish post offices and post roads.
2. A Power is given to coin money; and yet is added a power to regulate the value thereof and of foreign coin; and to provide for the punishment of counterfeiting the current coin of the United States.
3. A Power is given to declare war; & yet is added a power to grant letters of Marque and reprisal: to make rules concerning captures on land & water; to raise & support armies: to provide & maintain a Navy: and to make rules for the government & regulation of the Land & naval forces.
4. A Power is given to provide for calling forth the militia, to execute the Laws of the Union; and yet is added a power to call them forth to suppress insurrections.
Whosover will attentively inspect the Constitution, will readily perceive the force of what is expressed in the letter of the convention; “That the Constitution was the result of a spirit of amity, and mutual deference & concession.” To argue, then, from its Style or arrangement, as being logically exact, is perhaps a scheme of reasoning not absolutely precise.
But if the Constitution were ever so perfect, considered even as a composition, the difficulties, which the above Doctrine has started may be solved by the following remarks.
Those similar powers, on which stress is laid, are either incidental, or substantive, that is independent powers.
If they be incidental powers, and the conclusion be, that because some incidental powers are expressed, no others are admissible; it wou’d not only be contrary to the common forms of construction, but would reduce the present Congress to the feebleness of the old one, which could exercise no powers, not expressly delegated. So that the advocates for the power of incorporation on the principle of incidentality to some specified power, would, notwithstanding this supposed rule of interpretation, be as much at liberty to insist on its being an incidental power as ever.
If these similar powers be substantive and independant (as on many occasions they are, that is, as they can be conceived to be

capable of being used, independently of what is called the principal power) it ought not to be inferred, that they were inserted for any other purpose, than to bestow an independent power, where it would not otherwise have existed.
The only remaining signification, which the Doctrine now controverted can have, is that the incorporation of a bank being more wide from a connection with the specified powers of legislation, than the additional ones were from the principal powers, to which they were supposed to belong; the power of incorporation being omitted, or rather not specially mentioned, cannot be assumed. Even this answer is not adequate to those, who derive the power of incorporation from the nature of the fœderal government.
Hence the rule contended for by the enemies of the bill is defective every way. It would be still more so with respect to those (if any such there be) who construe the words, “necessary and proper”, so as to embrace every expedient power.
2. An appeal has been also made by the enemies of the bill, to what passed in the federal convention on this subject. But ought not the Constitution to be decided on by the import of its own expressions? What may not be the consequence, if an almost unknown history should govern the Construction?
3. The opinions too of several respectable characters have been cited, as deliverd in the State conventions. As these have no authoritative influence; so ought it to be remembered, that observations were uttered by the advocates of the Constitution, before its adoption, to which they will not, and in many cases, ought not to adhere.
4. On the other hand the friends to the bill have relied on the Congressional Acts as to Westpoint, the Government of the Western Territory, and the power of removal from Office, given to the President.
The two first are within express powers, as will occur, by adverting to the power to exercise authority over places purchased for forts &c., and to the power to dispose of, and make needful rules and regulations respecting the property of the Und States: the last is a point with a great weight of reason on each side. If it be founded on the general nature of executive authority, the power is probably not tenable, without resorting to the Doctrines of the friends to the Bill. But it appears to be a power not

specially given to any person (except on an impeachment) and may therefore incidentally belong to Congress to confer on the President: however if this step be an error, it is never too late to correct it.
5. It has been also pretended, that even the infirm old Congress incorporated a bank; and can a less power be presumed to be vested in the federal government, which has been formed to remedy their weakness? This argument is so indefinite; the time of the incorporation was so pressing and the States had such an unlimitted command over Congress and their acts, that the public acquiescence ought not to be the basis of such a power under the present circumstances.
6. Congress it is farther said, may provide for the general welfare, and this includes the power of incorporation: but they are to provide for the general welfare in laying & collecting taxes. Is the incorporation of a bank a tax bill? The meaning of the power taken together, seems to be, that Congress may lay taxes for the purpose of expending money for the public welfare, even to subscribe it to a bank. But is this like the creation of bank? It implies that a bank has been already created.
7. It has been also asserted, that Congress have an exclusive legislation at the seat of government. This will not be true, until they go to the place of the permanent residence.
The Attorney general has not collected any other information upon this subject; altho’ more may perhaps have been said by the partizans for & against the Bank than is here noticed.

Edm: Randolph


Title: To George Washington from George Salmon, 13 February 1791
From: Salmon, George
To: Washington, George

Sir
Baltimore 13th February 1791

I should not have ventured to address your Excellency, were I not assured from the innumerable instances of your goodness, that whatever may be the issue of my application, you will forgive the intrusion when you know it is from one who has experienced in his own fate a Considerable change of fortune. a long residence in this Town, a large and respectable acquaintance, some Mercantile knowledge, my situation and the suggestions

of my friend Doctor McHenry (who addressed Your Excellency lately in my behalf) have induced me to take this liberty to propose myself to Your Excellency’s consideration, as a Candidate for Excise officer for this Town or district. should I be thought qualified for the trust, it shall be my invariable study to execute it with diligence and fidelity, and to remember with gratitude to whose bounty I am indebted—Mr Wm Smith is the only Person in our Delegation with whom I am acquainted, or who may be able to give your Excellency any information respecting my character which you might desire to know, but Your Excellency will think that Doctor McHenry would not recommend an improper Person to your notice. With the most lively sentiments of veneration, I beg leave to subscribe myself Your Excellency’s, most obedt Servant

George Salmon


Title: To George Washington from Jacob Auld, 14 February 1791
From: Auld, Jacob
To: Washington, George

Sir
Montgomery County [Pa.] February 14th 1791.

Having understood that an Excise Law has lately passed the Legislature of the United States and that a number of Officers will be appointed to collect the revenues arising under that Law, I beg leave humbly to submit to your Excellency That I have for a number of years past served as the Collector of Excise for this County, and I trust with the Approbation of my Superiors. As I have not the Honor to be known to your Excellency I take the liberty in this way to profer my Petition, requesting if your Excellency thinks proper to be employed in this line, for my Character and Qualification necessary for the Office, I beg leave to refer your Excellency to the Speaker of the House of Representatives

To Generals Muhlenberg & Hiester. With profound respect I have the Honor to be Your Excellencys Most Obedient & hbl. Servant

Jacob Auld


Title: To George Washington from Jonathan Elmer, 14 February 1791
From: Elmer, Jonathan
To: Washington, George

Sir
14th February 1791

My public engagements for some years past have obliged me to relinquish my professional business, entirely; &, upon taking a seat in the national Senate, I resigned my Civil Employment in my own State. The term of my present service will expire the fourth of March. I shall then be wholly disengaged. Thus circumstanced, I have been advised to offer my service to my Country, as Supervisor of the Revenue in New Jersey under the Act now before Congress, should it finally pass into a Law.
I have taken the liberty to mention this matter to you, Sir, perhaps rather prematurely. It will however afford the more time for deliberation, & it is my wish that, in making the appointment, the public good should alone be considered.
If any further communications are necessary, I shall consider myself very much obliged in receiving early information of it. I have the Honour to be Sir Your most obedient & very Hble Servant

Jonathn Elmer


Title: To George Washington from Thomas Jefferson and Edmund Randolph, 14 February 1791
From: Jefferson, Thomas,Randolph, Edmund
To: Washington, George

Feb. 14. 1791.

The opinion is,
1. that the attorney for the district of Kentucky do forthwith take the most effectual measures for prosecuting according to law  O’Fallon; and that he be informed, that unless the testimony within his reach will clearly subject him to the charge of treason, the prosecution be for a riot.
2. that a proclamation issue, reciting the treaties, law and further proclamation on this subject, and declaring the purpose of the executive, that the disturbers of the public peace shall be prosecuted with the utmost vigor of the law.
The measures fit to be taken by way of precaution to the commandant of Fort Washington, are not here noticed.


Title: From George Washington to the United States Senate and House of Representatives, 14 February 1791
From: Washington, George
To: United States Senate and House of Representatives

United States Feby 14th 1791.
Gentleman of the Senate, and of the House of Representatives

Soon after I was called to the administration of the Government, I found it important to come to an understanding with the Court of London, on several points interesting to the United States, and particularly to know whether they were disposed to enter into arrangements, by mutual consent, which might fix the commerce between the two Nations on principles of reciprocal advantage. For this purpose I authorized informal conferences with their Ministers; and from these I do not infer any disposition, on their part, to enter into any arrangements merely commercial. I have thought it proper to give you this information, as it might at some time have influence on matters under your consideration.
Gentlemen of the Senate
Conceiving that in the possible event of a refusal of Justice on the part of Great Britain, we should stand less committed should it be made to a private rather than to a public person, I employed Mr Gouverr Morris, who was on the spot, and without giving him any definite Character, to enter informally into the conferences before mentioned. For your more particular Information, I lay before you the Instructions I gave him, and those parts of his Communications wherein the British Ministers appear either in conversation or by Letter. These are two Letters from the Duke of Leeds to Mr Morris, and three Letters of Mr Morris giving an account of two Conferences with the Duke of Leeds, and one with him and Mr Pitt. The sum of these is, that they declare without scruple they do not mean to fulfill what remains of the Treaty of Peace to be fulfilled on their part (by which we are to understand the delivery of the Posts and payment for property carried off) ’till performance on our part, and compensation where the delay has rendered the performance now impracticable: that on the subject of a treaty of commerce they avoided direct answers, so as to satisfy Mr Morris they did not mean to enter into one unless it could be extended to a Treaty of Alliance offensive and defensive, or unless in the event of a rupture with Spain.

As to the sending a Minister here, they made excuses at the first conference, seem disposed to it in the second, and in the last express an intention of so doing.
Their views being thus sufficiently ascertained, I have directed Mr Morris to discontinue his communications with them.

Go: Washington


Title: To George Washington from William Buchanan, 15 February 1791
From: Buchanan, William
To: Washington, George

Sir
Baltimore 15th Feby 1791

There having been created by the Excise Law lately passed by Congress, Officers for ascertaining the quantity & quality of American distilled Spirits. & as I doubt not but one will soon be appointed by your Excellency for this place, I take the liberty of offering my services & of becoming a Candidate for the same. As I have not the honor of being known to your Excellency, Mr Smith of this State has given me permission to refer you to him for any information you may wish respecting me. Should your Excellency think proper to appoint me, I must beg leave to assure you, that every exertion shall be made to give Satisfaction⟨.⟩ I have the honor to be Your Excellencys Most Obedt Sert

W. Buchanan of ⟨Wm⟩


Title: To George Washington from Thomas Jefferson, 15 February 1791
From: Jefferson, Thomas
To: Washington, George

Feb. 15. 1791.

The bill for establishing a National Bank undertakes, among other things
1. to form the subscribers into a Corporation.
2. to enable them, in their corporate capacities to receive grants of land; and so far is against the laws of Mortmain. though the constitution controuls the laws of Mortmain so far as to permit Congress itself to hold lands for certain purposes, yet not so far as to permit them to communicate a similar right to other corporate bodies.
3. to make alien subscribers capable of holding lands, & so far is against the laws of Alienage.
4. to transmit these lands, on the death of a proprietor, to a certain line of successors: & so far changes the course of Descents.

5. to put the lands out of the reach of forfeiture or escheat: & so far is against the laws of Forfeiture & Escheat.
6. to transmit personal chattels to successors in a certain line: & so far is against the laws of Distribution.
7. to give them the sole & exclusive right of banking under the national authority: & so far is against the laws of Monopoly.
8. to communicate to them a power to make laws paramount to the laws of the states: for so they must be construed, to protect the institution from the controul of the state legislatures; & so, probably they will be construed.
I consider the foundation of the Constitution as laid on this ground that “all powers not delegated to the U.S. by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people” (XIIth Amendmt) to take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless feild of power, no longer susceptible of any definition.
The incorporation of a bank, & the powers assumed by this bill, have not, in my opinion, been delegated to the U.S. by the Constitution.
I. They are not among the powers specially enumerated for these are
1. a power to lay taxes for the purpose of paying the debts of the U.S. but no debt is paid by this bill, nor any tax laid. were it a bill to raise money, it’s origination in the Senate would condemn it by the constitution.
2. “to borrow money.” but this bill neither borrows money, nor ensures the borrowing it. the proprietors of the bank will be just as free as any other money holders to lend or not to lend their money to the public. the operation, proposed in the bill, first to lend them two millions, & then borrow them back again, cannot change the nature of the latter act, which will still be a payment, & not a loan, call it by what name you please.
3. “to regulate commerce with foreign nations, & among the states, & with the Indian tribes.” to erect a bank, & to regulate commerce, are very different acts. he who erects a bank creates a subject of commerce in it’s bills: so does he who makes a bushel of wheat, or digs a dollar out of the mines. yet neither of these persons regulates commerce thereby. to erect a thing which may be bought & sold, is not to prescribe regulations for buying &

selling. besides; if this was an exercise of the power of regulating commerce, it would be void, as extending as much to the internal commerce of every state, as to it’s external. for the power given to Congress by the Constitution, does not extend to the internal regulation of the commerce of a state (that is to say of the commerce between citizen & citizen) which remains exclusively with it’s own legislature; but to it’s external commerce only, that is to say, it’s commerce with another state, or with foreign nations or with the Indian tribes. accordingly the bill does not propose the measure as a “regulation of trade”, but as “productive of considerable advantage to trade”.
Still less are these powers covered by any other of the special enumerations.
II. Nor are they within either of the general phrases, which are the two following.
1. “to lay taxes to provide for the general welfare of the U.S.” that is to say “to lay taxes for the purpose of providing for the general welfare.” for the laying of taxes is the power and the general welfare the purpose for which the power is to be exercised. they are not to lay taxes ad libitum for any purpose they please but only to pay the debts or provide for the welfare of the Union. in like manner they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. to consider the latter phrase, not as describing the purpose of the first, but as giving a distinct & independent power to do any act they please, which might be for the good of the Union, would render all the preceding & subsequent enumerations of power completely useless. it would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the U.S. and as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they pleased. it is an established rule of construction, where a phrase will bear either of two meanings, to give it that which will allow some meaning to the other parts of the instrument, & not that which would render all the others useless. certainly no such universal power was meant to be given them. it was intended to lace them up straitly within the enumerated powers, and those without which as means, these powers could not be carried into effect. it is known that the very power now proposed as a means, was rejected as an end, by the Convention which formed the constitution.

a proposition was made to them to authorize Congress to open canals, & an amendatory one to empower them to incorporate. but the whole was rejected, & one of the reasons of rejection urged in debate was that then they would have a power to erect a bank, which would render the great cities, where there were prejudices & jealousies on that subject adverse to the reception of the constitution.
2. the second general phrase is “to make all laws necessary & proper for carrying into execution the enumerated powers.” but they can all be carried into execution without a bank. a bank therefore is not necessary, and consequently not authorised by this phrase.
It has been much urged that a bank will give great facility, or convenience in the collection of taxes. suppose this were true: yt the constitution allows only the means which are “necessary” not those which are merely “convenient” for effecting the enumerated powers. if such a latitude of construction be allowed to this phrase as to gain any non-enumerated power, it will go to every one, for there is no one which ingenuity may not torture into a convenience, in some way or other, to some one of so long a list of enumerated powers. it would swallow up all the delegated powers, and reduce the whole to one phrase as before observed. therefore it was that the constitution restrained them to the necessary means, that is to say, to those means without which the grant of the power would be nugatory.
But let us examine this convenience & see what it is. the report on this subject, page 3. states the only general convenience to be the preventing the transportation & re-transportation of money between the states & the treasury. (for I pass over the increase of circulating medium ascribed to it as a merit, and which, according to my ideas of paper money is clearly a demerit.) Every state will have to pay a sum of tax-money into the treasury: & the treasury will have to pay, in every state, a part of the interest on the public debt, & salaries to the officers of government resident in that state. in most of the states there will still be a surplus of tax-money to come up to the seat of government for the officers residing there. the payments of interest & salary in each state may be made by treasury-orders on the state collector. this will take up the greater part of the money he has collected in his state, & consequently prevent the great mass of it from being

drawn out of the state. if there be a balance of commerce in favour of that state against the one in which the government resides, the surplus of taxes will be remitted by the bills of exchange drawn for that commercial balance. and so it must be if there was a bank. but if there be no balance of commerce, either direct or circuitous, all the banks in the world could not bring up the surplus of taxes but in the form of money. Treasury orders then & bills of exchange may prevent the displacement of the main mass of the money collected, without the aid of any bank: & where these fail, it cannot be prevented even with that aid.
Perhaps indeed bank bills may be a more convenient vehicle than treasury orders, but a little difference in the degree of convenience, cannot constitute the necessity which the constitution makes the ground for assuming any non-enumerated power.
Besides; the existing banks will without a doubt, enter into arrangements for lending their agency: & the more favourable, as there will be a competition among them for it: whereas the bill delivers us up bound to the national bank, who are free to refuse all arrangement, but on their own terms, & the public not free, on such refusal, to employ any other bank. that of Philadelphia, I believe, now does this business, by their post-notes, which by an arrangement with the treasury, are paid by any state collector to whom they are presented. this expedient alone suffices to prevent the existence of that necessity which may justify the assumption of a non-enumerated power as a means for carrying into effect an enumerated one. the thing may be done, and has been done, & well done without this assumption; therefore it does not stand on that degree of necessity which can honestly justify it.
It may be said that a bank, whose bills would have a currency all over the states, would be more convenient than one whose currency is limited to a single state. so it would be still more convenient that there should be a bank whose bills should have a currency all over the world. but it does not follow from this superior conveniency that there exists any where a power to establish such a bank; or that the world may not go on very well without it.
Can it be thought that the Constitution intended that for a shade or two of convenience, more or less, Congress should be

authorised to break down the most antient & fundamental laws of the several states, such as those against Mortmain, the laws of alienage, the rules of descent, the acts of distribution, the law of escheat & forfeiture, the laws of monopoly? nothing but a necessity invincible by any other means, can justify such a prostration of laws which constitute the pillars of our whole system of jurisprudence. will Congress be too strait-laced to carry the constitution into honest effect, unless they may pass over the foundation-laws of the state-governments for the slightest convenience to theirs?
The Negative of the President is the shield provided by the constitution to protect against the invasions of the legislature 1. the rights of the Executive 2. of the Judiciary 3. of the states & state legislatures. the present is the case of a right remaining exclusively with the states & is consequently one of those intended by the constitution to be placed under his protection.
It must be added however, that unless the President’s mind on a view of every thing which is urged for & against this bill, is tolerably clear that it is unauthorised by the constitution. if the pro and the con hang so even as to balance his judgment, a just respect for the wisdom of the legislature would naturally decide the balance in favour of their opinion. it is chiefly for cases where they are clearly misled by error, ambition, or interest, that the constitution has placed a check in the negative of the President.

Th: Jefferson


Title: To George Washington from Beverley Randolph, 15 February 1791
From: Randolph, Beverley
To: Washington, George

Sir,
Council Chamber Richmond [Va.] Feby 15th 1791

I do myself the Honour to inclose you a copy of an Act of the General Assembly of Virginia concerning an Advance of Money to the Government of the United States for public Buildings, and am with the highest Respect Your most obedt Servant

Beverley Randolph


Title: To George Washington from Samuel Davies, 16 February 1791
From: Davies, Samuel
To: Washington, George

Petersburg Virginia feb. 16th 1791
May it please your Excellency

I am the Son of a Prophet, whose prediction with respect to yourself hath been remarkably verified—I am much, very much in want of an office of profit, to enable me to support an amiable wife & three children as decently as I would wish. The partiality of my Townsmen has bestowed on me the Office of an Alderman—this produces no income—the Executive house honord me with the appointment of Notary Public for this District—this brings about fifty Pounds ⅌ annum and is not equal to my wishes—And I am the son of the Revd Mr Davies formerly of

  Hanover and one of the President of Princeton College, was bred to the Mercantile business, am Qualified to execute duties where a knowledge of accounts is necessary, but have never had a subficient stock to benefit therefrom so as to render me easy in my Circumstances; and I should be sincerely thankful for any appointment which would have this effect.
Mr Giles the Representative from this part of the State knows me, and if your Excellency would condescend to enquire of him my character, I trust my wishes would be gratified, and some Office bestowed, to continue during good behaviour, upon giving security for its faithful execution, which security I could readily obtain. I have the Honor to be Your Excellencys most obedient and very humble Servant

Samuel Davies


Title: From George Washington to John Greenwood, 16 February 1791
From: Washington, George
To: Greenwood, John

Sir:
Philadelphia, February 16, 1791.

Your letter of the 6th and the box which accompanied it came safe to hand. The contents of the latter were perfectly agreeable to me, and will, I am persuaded, answer the end proposed very well.
Enclosed I send you Twenty dollars in payment for them and the repairs of the old ones, and, etc.

P.S. That I may be certain that this letter and its contents has got safe to hand, be so good as to say so in a line to G.W.


Title: From George Washington to Alexander Hamilton, 16 February 1791
From: Washington, George
To: Hamilton, Alexander

Sir,
Philadelphia Feby 16th 1791

“An act to incorporate the Subscribers to the Bank of the United States” is now before me for consideration.
The constitutionality of it is objected to. It therefore becomes more particularly my duty to examine the ground on wc. the objection is built. As a mean of investigation I have called upon the Attorney General of the United States, in whose line it seemed more particularly to be, for his official examination and opinion. His report is, that the Constitution does not warrant the Act. I then applied to the Secretary of State for his sentiments on this subject. These coincide with the Attorney General’s; and the reasons for their opinions having been submitted in writing, I now require, in like manner, yours on the validity & propriety of the above recited Act: and that you may know the points on which the Secretary of State and the Attorney General dispute the constitutionality of the Act; and that I may be fully possessed of the Arguments for and against the measure before I express any opinion of my own, I give you an opportunity of examining & answering the objections contained in the enclosed papers. I require the return of them when your own sentiments are handed to me (which I wish may be as soon as is convenient); and further, that no copies of them be taken, as it is for my own satisfaction they have been called for.

Go: Washington


Title: To George Washington from Jacob Read, 16 February 1791
From: Read, Jacob
To: Washington, George

Sir
South Carolina Columbia 16th Feby 1791

The Legislature of this State having at this Present Session Elected the Honorable John Rutledge (with his Consent) to the Office of Chief Justice of the State, and his seat having thereby become Vacant on the federal bench—I humbly presume to offer myself to your Notice as a Candidate for that important Trust.
I beg leave to assure Your Excellency that ’tis with the utmost diffidence I come forth on this occasion—But if a regular Education in this Country and in Britain—a Very Extensive practice in all the Courts of Law and Equity for many years in this state—a Constant attention from the year 1768 to Courts of Law and Law readings—and the flattery of having been employed by my Country for a Series of Years past in several very important offices & Trusts afford me any just Grounds of Confidence in my own Judgment and abilities I hope I shall not appear very presumptuous in thus presenting myself to public notice.
If I have the Honour to meet with your Excellency’s nomination & the Senate’s approbation I shall with pleasure devote my whole time to the Execution of the duties assigned me and make a faithful Exertion of my best abilities for the service of my Country.
Possessed of some fortune and not having a large family to provide for I had determined very soon to relinquish the Lucrative but Laborious duties of my professional practice and if in my retirement I can be useful to my Country it will afford me more pleasure and Satisfaction than any other Consideration &

I with truth add that the Emoluments of the office I now aspire to are no Inducement.
I have one further request to make which is that your Excellency will be so good as not to mention this application from me to yourself, but shou’d I meet your approbation I pray that the nomination may come as if from yourself.
I do not at present know of any Competitors—doubtless I shall have some—cou’d I be informed who they were and shou’d they be persons whose legal Knowledge, abilities and Standing in the Courts of Law I thought Superiour to my own—I shou’d with pleasure relinquish all pretension to your favour or my Countrys notice in the present Instance.
I have at several times been flatterd with the Intreaties of my friends and many very reputable Citizens to take a seat on the bench of this State, but I declined that Honour as being little less Laborious than the practice of the Courts I am about to decline and which wou’d confine me to a Constant residence in this State.
I beg leave to tender my most respectful Compliments to Mrs Washington and intreat that Your Excellency will accept my best wishes for your health and happiness⟨.⟩ I am with very great respect and regard Your Excellency’s most obedient and most faithful Servant

Jacob Read


Title: From George Washington to William Deakins, Jr., and Benjamin Stoddert, 17 February 1791
From: Washington, George
To: Deakins, William Jr.,Stoddert, Benjamin

Gentlemen,
⟨Philadelphia the 17th Feby 1791⟩

I have recieved your favors of the 9th & 11th ⟨instant,⟩ & shall be glad if the purchase from ⟨Burns⟩ should be concluded before you receive this at £15 or £⟨17⟩ as you ⟨illegible.⟩ but as you mention that should he ask as far as £20 or £25 you will await further instructions before you accept such an offer: I have thought it better, in order to prevent delays, to inform you, that I could wish his lands to be purchased even at those prices, rather than not obtain them.
The Maryland assembly has authorized a certain number of acres to be taken without the consent of the owners, or making compensation as therein provided. this will be principally useful as to the old lots of Hamburg. however by purchasing up these ⟨lots,⟩ or as many as we can, we shall be free to take on the terms of the act⟨,⟩ so much of any other lands in our way, & consequently those whose proprietors refuse all arrangement. I will therefore beg the favour of you to take measures immediately for buying up all the lots you can in Hamburg on the lowest terms you can not exceeding the rate of twenty five pounds the acre. I leave it to yourselves to dispatch a private agent for this purpose to treat with the proprietors wherever to be found, or to do it by any other means which in your discretion shall appear not too expensive, & which may not excite suspicions of their being on behalf of the public. I am with great esteem, Gentlemen, your most obedt humble servt