Superintendent of Finance, and referred to a committee. On a review of the doctrine of the ninth Article of Confederation, I believe, the right of the State to prohibit in the present case the exportation of her produce cannot be controverted. The States seem to have reserved at least a right to subject foreigners to the same imposts and prohibitions as their own citizens; and the citizens of Virginia are at present prohibited from such an exportation as is granted in favor of the British merchants. This is a very interesting point, and unless the division line between the authority of Congress and the States be properly ascertained, every foreign treaty may be a source of internal as well as foreign controversy. You will call to mind one now in negotiation, which may be affected by the construction of this clause in the Confederation. Congress have no authority to enter into any convention with a friendly power which would abridge such a right. They cannot have a greater authority with respect to a hostile power. On the other side, it is equally clear, that the State has no authority to grant flags for the exptation of its produce to the enemy. Armed vesses would not respect them, nor would they be more respected in the Courts of Admiralty. Unless Congress and the State, therefore, act in concert, no tobacco can be remitted to New York, and a further drain of specie must ensue. When the matter was first opened in Congress, the impression was unfavorable to the right of the States, and pretty free strictures were likely to be made on its opposition to the constitutional power of Congress. It became necessary, therefore, to recur to the law and the testimony, which produced an

acquiescence in the contrary doctrine. Their sentiments, however, with regard to the policy and consistency of the resolutions, are very different. The last resolution in particular, compared with the preliminary doctrines, produces animadversions, which I need not recite to you. There are several reasons which make me regret much this variation between Congress and Virginia, of which a material one is that a great personage will be touched by it, since it originates in his act; and, since a conference between a committee and him and the Superintendent, he concurred in the expediency of granting the passports.

TO EDMUND RANDOLPH.

Philadelphia, June 4, 1782.

DEAR SIR,

According to your request, I send an authenticated extract from the Journals of the vote of Congress on the clause which interdicts British manufactures. It has, however, been for some time in print, and will probably be at Richmond before you receive the manuscript copy. The arguments urged against the measure appear to me in the same light in which you describe them. The policy of Great Britain in the capture of St. Eustatia has been constantly reprobated by some of the wisest statesmen. But whatever her policy might at that period be, it is manifest that a very different one is now pursued. British goods are issued from the enemy's line with greater industry than they have ever been, and, as is

universally believed, with the knowledge, if not at the instigation, of those in power. Indeed, they would counteract their new system in doing otherwise. The sense of the Eastern States will appear from the ayes and noes on the question. Mr. Adams, in his last despatches, ascribes much of the late pacific symptoms in the British nation, and of the facilities which begin to attend the mission in Holland, to our proscription of the British merchandize."

You have not sufficiently designated the papers from Mr. R. Morris, from which you wish an extract. I do not recollect, nor can I find, any letter which contains a state of the finances, except his circular letters, which may be found either among the Legislative or Executive archives. If you should be disappointed in these researches, I will, on a renewal of your demands, renew my researches. My charity, I own, cannot invent an excuse for the prepense malice with which the character and services of this gentleman are murdered. I am persuaded that he accepted his office from motives which were honorable and patriotic. I have seen no proof of misfeasance. I have heard of many charges which were palpably erroneous. I have known others, somewhat suspicious, vanish on examination. Every member in Congress must be sensible of the benefit which has accrued to the public from his administration; no intelligent man out of Congress can be altogether insensible of it. The Court of France has testified its satisfaction at his appointment, which I really believe lessened its repugnance to lend us money. These considerations will make me cautious in lending an ear to the suggestions even of the impartial; to those VOL. I.-9*

of known and vindictive enemies, very incredulous. The same fidelity to the public interest which obliges those who are its appointed guardians, to pursue with every rigor a perfidious or dishonest servant of the public, requires them to confront the imputations of malice against the good and faithful one. I have, in the conduct of my colleague here, a sure index of the sentiments and objects of one of my colleagues who is absent, relative to the Department of Finance.

The Chevalier de la Luzerne tells us he has written to the General on the subject of the transaction between them, and has no doubt that the difficulties which attended it will be removed.

TO EDMUND RANDOLPH.

Philadelphia, June, 1782.

DEAR SIR,

General Washington has transmitted to Congress sundry informations he has received, of preparations at New York for expediting from thence a considerable number of ships. Whether they are to convoy troops, and whither, or to bring off troops from other places, is uncertain. He has also transmitted to Congress an answer to him from General Carleton, on a demand, made at the instance of the Legislature of South Carolina, of a re-transportation of the exiles at the expense of the King of Great Britain. This demand was instituted, not executed, during the command of Clinton, from whom an imperious refusal was calculated upon. In pursuance of the views of

the new system, his successor weeps over the misfortunes of the exiles, and in the most soothing language that could be framed, engages to comply fully with the application. This incident at once mortifies our pride and summons our vigilance. We have nothing further from Carleton on the main point."

The communication, expected in my last from the Minister of France, has been received, and afforded a very seasonable occasion, which was improved, of renewing the assurances suited to the present crisis.

TO EDMUND RANDOLPH.

Philadelphia, June 6, 1782.

DEAR SIR,

Mr. Webb being detained till this morning, I enclose the gazette of it. You will find a singular extract from Lord North's budget. The speech was delivered on the eleventh of March. It must have been Mr. Ross's contract, therefore, and not Mr. Morris's, which supplied this article. I am just told that the Senate have put their veto on the resolutions of the House of Delegates against the latter. If an existing law, however, prohibits the exportation, and one branch of the Legislature protests against the authority of Congress to dispense with it, the Executive will scarcely suffer the tobacco to be exported. If this matter should terminate in an agreement by Maryland to supply the tobacco, and Virginia should be drained of her money to purchase the staple of the former, whilst her own staple is left on her hands, * *. The proviso