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TO EDMUND PENDLETON.

DEAR SIR,

Philadelphia, January 8, 1782.

Yesterday was opened, for the first time, the Bank instituted under the auspices of Congress. Its principal founder is Mr. Robert Morris, who has certain prerogatives with respect to it in his quality of Superintendent of Finance. It is pretty analogous in its principles to the Bank of England. The stock subscribed is 400,000 dollars. When the scheme was originally proposed to Congress for their approbation and patronage, a promise was given that as soon as it was ripe for operation the company should be incorporated. A few days ago the fulfilment of the promise was claimed." The competency of Congress to such an act had been called in question in the first instance; but the subject not lying in so near and distinct a view, the objections did not prevail. On the last occasion, the general opinion, though with some exceptions, was, that the Confederation gave no such power, and that the exercise of it would not bear the test of a forensic disquisition, and consequently would not avail the Institution. The Bank, however, supposing that such a sanction from Congress would at least give it a dignity and pre-eminence in the public opinion, urged the engagement of Congress; that on this engagement the subscriptions had been made, and that a disappointment would leave the subscribers free to withdraw their names. These considerations were re-inforced by the Superintendent of Finance, who relied on this

Institution as a great auxiliary to his department; and, in particular, expected aid from it in a payment he is exerting himself to make to the army. The immediate interposition of Congress was rendered the more essential, too, by the sudden adjournment of the Assembly of this State, to whom the Bank might have been referred for the desired incorporation, which, it was the opinion of many, would have given them a sufficient legal existence in every State. You will conceive the dilemma in which these circumstances placed the members who felt on one side the importance of the Institution, and on the other a want of power, and an aversion to assume it. Something like a middle way finally produced an acquiescing, rather than an affirmative, vote. A charter of incorporation was granted, with a recommendation to the States to give it all the necessary validity within their respective jurisdictions. As this is a tacit admission of a defect of power, I hope it will be an antidote against the poisonous tendency of precedents of usurpation.

In the ordinance lately passed for regulating captures, which I presume you have seen, a clause was inserted exposing to capture all merchandizes produced in Great Britain, if coming into these States, and within three leagues of the coast, although the property of a neutral nation. Congress have now recommended to the States to subject them to seizure, during the war, if found on land within their respective limits. These measures had become necessary to check an evil which was every day increasing, and which both enabled and encouraged Great Britain to persevere in the war, at the same VOL. I.-7*

time that it mortified our ally with daily seeing the fruits of his generosity to us remitted in payment to the rival of his nation and the enemy of both.

TO THOMAS JEFFERSON.

Philadelphia, January 15, 1782.

DEAR SIR,

The result of the attack on your administration was so fully anticipated that it made little impression on me. If it had been consistent with your sentiments and views to engage in the service to which you were called, it would have afforded me both unexpected and singular satisfaction, not only from the personal interest I felt in it, but from the important aid which the interests of the State would probably have derived from it. What I particularly refer to is her claim to Western territory. The machinations which have long been practised by interested individuals against this claim, are well known to you. The late proceedings within the walls of Congress, in consequence of the territorial cessions, produced by their recommendations to the States claiming the Western country, were, many weeks ago, transmitted for the Legislature by a Captain Irish. By the same conveyance I wrote to you on the subject. We have the mortification to find, by our latest letters from Richmond, that this gentleman had not, at the date of them, appeared there. As it is uncertain whether that information may not have totally miscarried, it will be proper repeat to you that the States, besides Virginia, from

to

which the cessions came, were Connecticut and New York. The cession of the former consisted of all her claim west of New York as far as the Mississippi. That of the latter, of all her claims beyond a certain western limit, drawn on the occasion. The cession of Connecticut extended to the soil only, expressly reserving the jurisdiction. That of New York made no reservation. These cessions, with that of Virginia, and sundry memorials from the Indiana and other land companies, were referred to a committee, composed of a member from New Hampshire, Rhode Island, New Jersey, Pennsylvania and Maryland. The ingredients of this composition prepared us for the complexion of their proceedings. Their first step was to investigate and discuss the respective titles of the States to the territory ceded. As this was directly in the face of the recommendation of Congress, which professed to bury all such discussions, and might prejudge future controversies between individual members of the Union, we refused to exhibit any evidence in favor of the title of Virginia, and endeavored, though in vain, to prevail on Congress to interdict the Committee from proceeding in the inquiry. The next step of the Committee was still more obnoxious. They went fully into a hearing of the memorialists through their agent, and received all the evidence adduced in support of their pretensions." On this occasion we renewed our remonstrances to the Committee, and our complaints to Congress, but with as little effect as on the first occasion. The upshot of the whole was a report to Congress, rejecting the cessions of Connecticut and Virginia, and accepting that of New

York; disallowing also the claims of the companies northwest of the Ohio, but justifying that of the Indiana company. The report seems to distrust the doctrine hitherto maintained, of territorial rights being incident to the United States collectively, which are not comprehended within any individual State; substituting the expedient of recognizing the title of New York stretching, over the whole country claimed by the other ceding States, and then accepting a transfer of it to the United States. In this state the business now rests-the report having never been taken into consideration; nor do we wish it should, till it shall have undergone the consideration of Virginia.

In whatever light the policy of this proceeding may be viewed, it affords an additional proof of the industry and perseverance with which the territorial rights of Virginia are persecuted, and of the necessity of fortifying them with every precaution which their importance demands. As a very obvious and necessary one, we long since recommended to the State an accurate and full collection of the documents which relate to the subject. If the arrival of Captain Irish had taken place before the adjournment of the Assembly, and during your stay with it, we flattered ourselves that the recommendation would have been attended to, and that the task would have fallen on you. As this was not the case, we have no hope at present of being enabled, from any other sources than the voluntary aid of individuals, to contradict even verbally the misrepresentations and calumnies which are daily levelled against the claims of Virginia, and which cannot

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