LETTERS

CONTEMPORARY WITH, AND SUBSEQUENT TO, THE DEBATES OF 1783.

DEAR SIR,

TO EDMUND RANDOLPH.

Philadelphia, November 5, 1782.

My last informed you that a proposition had been made in Congress for accepting the territorial cession of New York. The paper enclosed contains the proceedings which ensued. The acceptance of this cession, singly, met with a negative from Virginia, for obvious reasons. In the first place, such a measure, instead of terminating all controversy as to the Western country, -the object proposed by the original plan, introduces new perplexities; and, in the second place, an assent from us might be hereafter pleaded as a voluntary acceptance of the United States in the room of New York, as litigants against Virginia.

On the subsequent motion you will find Virginia divided. The proviso* expressed in this motion, if referred to the territory retained by New York, appeared to me to be at least nugatory, or rather to imply that a resolution of Congress might operate towards depriving another State of the benefits of the Confederation; and, if referred to the territory ceded by New York, to imply that the ninth Article

was the constitutional rule of deciding controversies, as well where the United States as where a particular State were the party. All that Congress could, as I supposed, have properly done, would have been to guard against any bias on future decisions, by declaring that their acceptance of the cession of New York was not to be considered as expressing any opinion as to the rightful claims or limits of that State. But I did not feel myself at liberty to substitute such a proposition, because it militated against the guarantee required by Virginia, and would have prejudged that condition of her cession.

The success of the middle States in obtaining the cession of New York has given great encouragement, and they are pursuing steadily the means of availing themselves of the other titles. That of Connecticut is proposed for the next object. Virginia will be postponed for the last. By enlisting the two preceding into their party, they hope to render their measures more effectual with respect to the last.

Besides the effect which may be expected from this coalition with New York, on territorial questions in Congress, it will, I surmise, prove very unfriendly to the pretensions of Vermont. Duane seems not unapprized of the advantage which New York has gained, and is already taking measures for a speedy vote on that question. Upon the whole, New York has, by a fortunate coincidence of circumstances, or by skilful management, or by both, succeeded in a very important object: by ceding a claim which was tenable neither by force nor by right, she has acquired with Congress the merit of liberality, rendered the title to her reservation more respectable and, at least,

damped the ardor with which Vermont has been abetted. If you should be surprised that these considerations did not dissuade Connecticut from an unqualified acceptance of the cession of New York, you will only be affected as others were at the time. The truth is, they were surprised at it themselves after it was too late, and would gladly have revoked their error.93

You were also informed, in my last, of the situation in which the affair of Lippencot remained. In the midst of our perplexities a letter arrived from General Washington enclosing an intercession from the Count de Vergennes, in favor of the life of young Asgill, founded on a most pathetic and importunate memorial from his mother. The Count writes to General Washington, as he says, not in the quality of a public minister, but of a man who feels the force of Mrs. Asgill's supplications. He backs his intercession, however, with the desire of the King and Queen, who were much affected with the memorial; observes that, although Asgill is, no doubt, a prisoner of the United States, yet, as he became such by an event to which the arms of His Majesty contributed, the interest he takes in behalf of this officer is the more admissible ; and signifies that, if the British Commander should not, in this instance, fully comply with the demands of justice, there is reason to believe that future instances of barbarity will be prevented.

The judgment formed of this intercession, by different members, is very different. All parties *

* The words in italics in this page are represented in Mr. Madison's Manuscript by ciphers; - 187 in the first instance, and 700 in the second, the key to which has not been discovered.

agree that retaliation cannot be executed in the face of it. But some are of opinion that it luckily affords, and ought to be made, the ground of retreat from that measure; whilst others suppose that our honor will be more wounded by such a public exposure, both of our obsequiousness to France, and of her disapprobation of our views, than by a retreat of ourselves, on the ground of Carleton's promise to continue his pursuit of the murderer. Some fear, also, that an omission in our act of the wish expressed on the part of the King and Queen of France may give umbrage. Others, again, infer from the circumstances of the letter from the Count being addressed to General Washington, not to Congress, and in his private, not official, quality, that a public notice of it cannot be expected; and that a private explanation, by the Secretary of Foreign Affairs to the Minister of France, will be as much as will be proper.

The Minister also received an instruction to interest himself in the affair, and had even prepared a memorial to Congress relative to it. Having discovered, however, the diversity of sentiments prevailing in Congress, and being apprehensive that his interposition might render the case more perplexing, and possibly be not treated with due notice in the final act of Congress, he very prudently desisted from his purpose.

Until Congress shall have come to some decision with respect to the notice to be taken of the intercession above-mentioned, I would not wish it to be generally spoken of from this letter.94

Yesterday being the first Monday in November,