Excerpts from The Papers of Thomas Jefferson

Julian P. Boyd, ed. (Princeton, N.J., 1953)

Volume 7: 2 March 1784 to 25 February 1785

3 March 1784 To Benjamin Harrison (from Annapolis), pp. 4-7.

[Not an answer to any particular letter of Harrison's.]

p. 6: "The movements of the K. of Prussia to emancipate the navigation of the Vistula, and of the emperor to free that of the Scheld do not I beleive threaten the peace of Europe. . . . This assertion then of the natural right of the inhabitants of the upper part of a river to innocent oassage through the country below is rather pleasing to us. It tends to establish a principle favourable to our right of navigating the Missisipi."

6 March 1784 To George Washington (from Annapolis), pp. 15-16.

p. 15: "Your favor of the 3d. is this moment put into my hands. . . ."

p. 16: "The present hurry forbids me to write you on a subject I have much at heart, the approaching and opening the navigation of the Ohio and Patowmac. I will trouble you by the next post."

15 March 1784 To George Washington (from Annapolis), pp. 25-28.

[Not an answer to any particular letter of Washington's.]

pp. 25-27: "The deed for the cession of Western territory by Virginia was executed and accepted on the 1^st. instant. I hope our country [i.e., Virginia] will of herself determine to cede still further to the meridian of the mouth of the Great Kanhaway. Further she cannot govern; so far is necessary for her own well being. The reasons which call for this boundary (which will retain all the waters of the Kanhaway) are [six reasons follow, then] 7. It will preserve to us all the upper parts of Yohogany and Cheat rivers within which much will be done to open these which are the true doors to the Western commerce. The union of this navigation with that of the Patowmac is a subject on which I mentioned that I would take the liberty of writing to you. I am sure it's value and practicability are both well known to you. This is the moment however for seizing it if we ever mean to have it. All the world is becoming commercial. . . . We must then in our own defence endeavor to share as large a portion as we can of this modern source of wealth and power. That offered to us from the Western country is under a competition between the Hudson, the Patomac and the Missisipi itself. Down the last will pass all heavy commodities. But the navigation through the Gulf of Mexico is so dangerous, and that up the Missisipi so difficult and tedious, that it is not probable that European merchandize will return through that channel. . . . There will therefore be a rivalship between the Hudson and Patowmac for the residue of the commerce of all the country Westward of L. Erie, on the waters of the lakes, of the Ohio and upper parts of the Missisipi. . . . to proceed on to N. York will be 970 miles from thence [the Cayahoga] and five portages, whereas it is but 430. miles to Alexandria, if it turns into the Cayahoga [etc.] . . . Nature then has declared in favour of the Patowmac, and through that channel offers to pour into our lap the whole commerce of the Western world. But unfortunately the channel by the Hudson is already opened. . . . I have lately pressed this subject on my friends in the General assembly, proposing to them to endeavor to have a tax laid . . . to be employed first in opening the upper waters of the Ohio and Patowmac, where a little money and time will do a great deal, leaving the great falls for the last part of the work. . . . But a most powerful objection always arises to propositions of this kind. It is that public undertakings are carelessly managed and much money is spent to little purpose. To obviate this objection is the purpose of my giving you the trouble of this discussion. You have retired from public life. . . . I am confident that would you either alone or jointly with any persons you think proper be willing to direct this business, it would remove the only objection the weight of which I apprehend. . . . When you view me as not owning, nor ever having a prospect of owning one inch of land on any water either of the Patowmac or Ohio, it will tend to apologize for the trouble I have given you of this long letter, by shewing that my zeal in this business is public and pure."

16 March 1784 From James Madison, pp. 32-40.

p. 32: "Your favour of the 20. Ult. [Feb.] came duly to hand a few days ago."

pp. 35: "I am not sure that I comprehend your idea of a cession of the territory beyond the Kanhaway and on this side [of] the Ohio. As all the soil of value has been granted out to individuals a cession in that view would be improper, and a cession of the jurisdiction to Congress can be proper only where the country is vacant of settlers. I presume your meaning therefore to be no more than a separation of that country from this, and an incorporation of it into the Union; a work to which all three must be parties. I have no reason to believe there will be any repugnance on the part of Virga. The effort of Pena. for the western commerce does credit to her public Councils. The commercial genius of this State is too much in its infancy I fear to rival the example. Were this less the case, the confusion in its affairs must stifle all enterprize. I shall be better able however to judge of the practicability of your hint when I know more of them. The declension of George Town does not surprize me tho' it gives me great regret. If the competition should lie between Trenton and Philada. and depend on the vote of New York it is not difficult to foresee into which scale it will be thrown, nor the probable effect of such decision on our Southern hopes."

pp. 36-37: "The Charter granted in 1732 [1632] to Lord Baltimore makes, if I mistake not, the Southern Shore of the Potowmac the boundary of Maryland on that side. The constitution of Virginia cedes to that State 'all the territories contained within its charter with all the rights of property, jurisdiction and Government and all other rights whatsoever, which might at any time have been claimed by Virginia, excepting only the free navigation and use of the Rivers Potowmac and Pokomaque &c.' Is it not to be apprehended that this language will be constructed into an entire relinquishment of the Jurisdiction of these rivers, and will not such a construction be fatal to our port regulations on that side and otherwise highly inconvenient? I was told on my journey along the Potowmac of several flagrant evasions which had been practised with impunity and success, by foreign vessels which had loaded at Alexandria. The jurisdiction of half the rivers ought to have been expressly reserved. The terms of surrender are the more extraordinary, as the patents of the N. Neck place the whole river potowmac within the Government of Virginia; so that we were armed with a title both of prior and posterior date, to that of Maryland. What will be the best course to repair the error?-to extend our laws upon the River, making Maryland the plaintiff if she chooses to contest their authority-to state the case to her at once and propose a settlement by negociation-or to propose a mutual appointment of Commissioners for the general purpose of preserving a harmony and efficacy in the regulations of both sides. The last mode squares best with my present ideas. It can give no irritation to Maryld. It can weaken no plea of Virga. It will give Maryland an opportunity of stirring the question if she chooses, and will not be fruitless if Maryland should admit our jurisdiction. If I see the subject in its true light no time should be lost in fixing the interest of Virginia. The good humour into which the cession of the back lands must have put Maryland forms an apt crisis for any negociation which may be necessary. You will be able probably to look into her charter and her laws, and to collect the leading sentiments relative to the matter."

p. 39: Ed. Note: Madison probably did not know that TJ himself was the author of the provisions in the Virginia Constitution of 1776 which confirmed the territories and jurisdiction granted by charter to Maryland, Pennsylvania, and North and South Carolina, except for the reservation of navigation rights (see Vol. 1: 383, 385, note 19). These terms of the surrender (an "error" as Madison regarded them) were ultimately confirmed by arbitration and approved by Congress a century later when the Maryland-Virginia boundary in the Potomac was fixed at the south or right bank at low water; the grant to Baltimore included the Potomac river to high water on the south shore, but the United States Supreme Court in Maryland v. West Virginia, 217 U.S. 577-80, found that "the evidence is sufficient to show that Virginia, from the earliest period of her history, used the South bank of the Potomac as if the soil to the low water mark had been her own." See TJ to Madison, 25 Apr. 1784, and also Paullin, Atlas of the Historical Geography of the United States, Plate 100D. An immediate result of Madison's concern was a Virginia-Maryland conference at Mount Vernon in 1785 which, in turn, led to the Annapolis Convention of 1786 (Washington, Writings, ed. Fitzpatrick, XXVII, 375; Brant, Madison, II, 375ff.).

29 March 1784 From George Washington, pp. 49-53.

p. 49: "It was not in my power to answer your favor of the 15^th. by the last post for the reason then assigned. I wish I may be able to do it to your satisfaction now."

p. 49: "My opinion coincides perfectly with yours respecting the practicability of an easy and short communication between the waters of the Ohio and the Potomack, of the advantages of that communication and the preference it has over all others, and of the policy there would be in this state, and Maryland, to adopt and render it facile. But I confess to you freely, I have no expectation that the public will adopt the measure; for besides the jealousies which prevail, and the difficulty of proportioning such funds as may be allotted for the purposes you have mentioned, there are two others, which in my opinion, will be yet harder to surmount. These are (if I have not imbibed too unfavourable an opinion of my Countrymen) the impracticability of bringing the great and truly wise policy of this measure to their view, and the difficulty of drawing money from them for such a purpose if you could do it. . . ."

"I am not so disinterested in this matter as you are; but I am made very happy to find a man of discernment and liberality (who has no particular interest in the plan) thinks as I do, who have Lands in that Country the value of which would be enhanced by the adoption of such a scheme."

p. 50: "More than ten years ago I was struck with the importance of it [this scheme] , and dispairing of any aid from the public, I became a principal mover of a bill to empower a number of subscribers to undertake, at their own expense, . . . the extension of the Navigation from tide water to Will's Creek (about 150 Miles) . . . To get this business in motion, I was obliged, even upon that ground, to comprehend James River, in order to remove the jealousies which arose from the attempt to extend the Navigation of the Potowmack. The plan, however, was in a tolerable train when I set out for Cambridge in 1775, and would have been in an excellent way had it not been for the difficulties which were met with in the Maryland Assembly, from the opposition which was given (according to report) by the Baltimore Merchants, who were alarmed, and perhaps not without cause, at the consequence of water transportation to George Town of the produce which usually came to their market."

"The local interest of that place (Baltimore) joined with the short sighted politics, or contracted views of another part of that Assembly, gave Mr. Thomas Johnson who was a warm promoter of the Scheme on the No. side of the River a great deal of trouble. In this situation things were when I took commend of the Army. The War afterwards called Mens attention to different objects, and all the money they could or would raise, were applied to other purposes; but with you, I am satisfied not a moment ought to be lost in recommencing this business; for I know the Yorkers will delay no time to remove every obstacle in the way of the other communication, so soon as the Posts at Oswego and Niagara are surrendered; and I shall be mistaken if they do not build Vessels for the Navigation of the Lakes, which will supercede the necessity of coasting on either side."

"It appears to me that the Interest and policy of Maryland is proportionably concerned with that of Virginia to remove obstructions and to envite the trade of the Western territory into the channel you have mentioned. You will have frequent opportunities of learning the sentiments of the principal characters of that State, respecting this matter, and if you should see Mr. Johnson (formerly Governor of the State) great information may be derived from him."

pp. 50-51: "How far upon more mature consideration I may depart from the resolution I had formed of living perfectly at my ease, exempt from all kinds of responsibility, is more than I can, at present, absolutely determine. The Sums granted, the manner of granting them, the powers, and objects, would merit consideration. The trouble, if my situation at the tie would permit me to engage in a work of this sort would be set at naught; and the immense advantages which this Country would derive from the measure would be no small stimulus to the undertaking; if that undertaking could be made to comport with those ideas, and that line of conduct with which I meant to glide gently down the stream of life; and it did not interfere with any other plan I might have in contemplation."

25 April 1784 To James Madison (from Annapolis), pp. 118-121.

p. 118: "My last to you was of the 16^th. of March, as was the latest I received from you. By the proposition to bound our country to the Westward I meant no more than passing an act declaring that that should be our boundary from the moment the people of the Western country and Congress should agree to it. The act of Congress now enclosed to you will shew you that they have agreed to it, because it extends not only to the territory ceded, but to be ceded; and shews how and when they shall be taken into the union."

pp. 118-119: "The place at which Congress should meet in Nov. has been the subject of discussion lately. Alexandria, Philada. and Trenton were proposed. The first was negatived easily. Trenton had the 4. East. states, N.Y., N.J., and Pennsylva. We expect Georgia and Delaware shortly, in which case it will become possible that Philada. may be determined on. The question is put off to be considered with the establishment of a committee of the states, which to myastonishment would have been negatived when first proposed had not the question been staved off. Some of the states who were against the measure, I beleive because they had never reflected on the consequences of leaving a government without a head, seem to be come over."

p. 119: "I like the method you propose of settling at once with Maryland all matters relative to the Potowmac. To introduce this the more easily I have conversed with Mr. Stone (one of their delegates) on the subject and finding him of the same opinion have told him I would by letters bring the subject forward on our part. They will consider it therefore as originated by this conversation."

25 April 1784 From James Madison, pp. 121-124.

p. 121: "Your favor of the 16^th. of March came to hand a few days before Mazzei called on me."

pp. 122-123: "On the 16 of March I wrote you fully on sundry points. Among others I suggested to your attention the case of the Potowmac, having in my eye the river below the head of navigation. It will be well I think to sound the ideas of Maryland also as to the upper parts of the N. branch of it. The policy of Baltimore will probably thwart as far as possible the opening of it; and without a very favorable construction of the right of Virginia and even the privilege of using the Maryland Bank it would seem that the necessary works could not be accomplished."

p. 123: "Has Maryland foreborne to take any step in favor of George Town?"

30 April 1784 To Benjamin Harrison (from Annapolis), pp. 138-139.

"I do myself the honor of inclosing you an act of Congress on the subject of Western territory as was passed a few days ago. The Ordinance for opening the land office so soon as our purchases are made from the Indians is not yet passed. . . . . Congress have determnined that they will adjourn on the 3d. of June to meet at Trenton in November."

30 April 1784 Samuel Hardy to Benjamin Harrison (from Annapolis), p. 140.

"Mr. Jeffersons letter of this date will give your Excellency every Communication that is worth transmitting."

"The Cession of our Western territory seems to have removed that jealousy which many of the states indulged against Virginia. And I think nothing remains to prevent her forming an interest which will give her the respectable influence in the Councils of America to which she is entitled; but an amicable termination of the dispute with Pennsylvania."

8 May 1784 To James Madison (from Annapolis), pp. 231-235.

"I will now take up the several enquiries contained in your letter of Apr. 25. which came to hand yesterday."

p. 232: "'Has ________ forborne to take any step in favor of _________?'<1> Their object was certainly not the same with ours. Yet they have not openly set their faces against us. They have one delegate, honest and disinterested, who certainly will in no case do it?"<2>

p. 235, Ed. Note: <1> The first and second blanks should be filled with the words "Maryland" and "Georgetown" respectively.

Ed. Not: TJ unintentionally ended this sentence with a question mark. The "one delegate" referred to was either Jeremiah Townley Chase, James McHenry, or Thomas Stone, and was probably the last-named. [If so, Thomas Stone was hardly disinterested in having the capitol on the Potomac, since he was also a backer of the canal company.]

13 May 1784 Virginia Delegates (in Annapolis) to Benjamin Harrison, pp. 248-250.

p. 248: "From these [Journals of Congress] it will appear that Congress has resolv'd . . . to meet at Trenton in Jersey, on the 30^th. of October next, and the different Questions which this measure gave rise to, we referr your Excellency, as they will give you a just idea of the progress of this business."

"It may be well however here to observe that the Votes in Congress as they stand at present, are unfavorable to a Southern situation and untill the admission of Western States into the Union, we apprehend it will be found impracticable to retain that Body, any length of time, southward of the middle State. And it may be proper also to suggest, that shoud Congress continue in their present unsettled state, and the Southern and Middle States remain dependant on the Eastern States, for the removal of Congress alternately to Jersey and Maryland, it may at times be productive of concessions in favor of the northern members of this Confœderacy on other very important points and indeed give them an unequal weight in the scale. Add to this, that it will have one most pernicious influence, the rendering of Members of Congress much more sollicitous about where they sit, than what they do." [Arthur Lee excepted this paragraph.]

p. 250: [signed:] S: Hardy[,] John F. Mercer[,] Arthur Lee

16 May 1784 From Charles Thomson (in Annapolis), with Instructions and Commissions, pp. 261-271.

p. 261: "I have sent you a copy of the report respecting the Navigation of the Mississippi."

[Not included.]

20 May 1784 From James Monroe (in Annapolis), pp. 275-277.

[Not an answer to any particular letter of Jefferson's.]

p. 275: "The committee, of which I am a member, appointed to view the country around Georgetown under the Princeton engagement set out this morning upon that business. I think with you that it will be proper to effect this business before the adjournment and no time may better be spar'd than the present."

21 May 1784 From Samuel Hardy (in Annapolis), pp. 278-279.

p. 278: "Enclosed you will receive a Cypher which Colo. Monroe requested me to transmit you. He together with Mr. Lee and Mr. Gerry sat [set] out yesterday to Georgetown. We thought it expedient that the Committee should proceed in order to turn the view of the Continent to that place as the spot where Congress may perhaps ultimately fix."

21 May 1784 To James Monroe (from Philadelphia), pp. 279-281.

p. 279: "Your favor of the 14^th. came duly to hand."

p. 280: "The mouth of the Illinois is the interesting post for Virginia, because it will open a trade up the Missouri and Missisipi. . . . Michillimacinac is very important for the United States in general. It is interesting to Virginia on the expectation that she may open the navigation from Lake Erie to Potowmac. . . . Mr. Thomson's counsel on this subject [of posts in the Northwest] will probably be useful, the interests of Pennsylva. and Virginia being united as to all these posts. We shall not begin to scramble for the trade till we have brought it to F. Pitt."

25 May 1784 To James Madison (from Philadelphia), pp. 288-290.

p. 288: Your favors of the 8^th. and 15^th. came to hand yesterday."

p. 289: "Did I ever inform you that Genl. Washington would accept the superintendance of the clearing the Patowm' and Ohio, if put on a hopeful footing?"

25 May 1784 From James Monroe (in Annapolis), pp. 290-292.

p. 290: "I received this moment yours of the 21^st. My letter by the last post will inform you of the occasion which pointed that as a favorable moment for a trip to Georgetown and of our availing ourselves of it. Yesterday evening we return'd. Our report will be in favor of the Maryland side and of a position near the town."

18 June 1784 From Charles Thomson (in Philadelphia), pp. 305-308.

[Not an answer to any particular letter of Jefferson's.]

p. 305: "I flattered myself with the hopes of seeing you on my return to Philadelphia, but found you had set out for Boston with a view to embark at that place."

p. 306: "On the 3d. of June Congress was adjourned agreeably to the act of 26 April to meet at Trenton on the 30^th. October. . . . I wish Congress were settled. This mode of rambling is neither consistent with dignity nor convenience. But I find we must go the common round of Nations before us and learn wisdom from our own experience."

18 June 1784 Charles Thomson to the American Commissioners, pp. 308-309.

pp. 308-309: Ed. Note: Congress "Resolved that the Ministers plenipotentiary . . . be and they are hereby instructed, in any negotiation they may enter into with the Court of Spain, not to relinquish or cede in any event whatsoever the right of the Citizens of these United States to the free Navigation of the River Mississippi from its source to the Ocean" (Tr in DNA: PCC, No. 116, p. 17, dated 3 June 1784; JCC, XXVII, 529-30).

3 July 1784 From James Madison (in Richmond), pp. 359-362.

[Not an answer to any particular letter of Jefferson's.]

p. 360: "We made a warm struggle for the establishment of Norfolk and Alexandria as our only ports; but were obliged to add York, Tappahannock and Bermuda hundred, in order to gain any thing and to restrain to these ports foreigners only."

p. 361: "Col: Mason, the Attorney [Edmund Randolph], Mr. Henderson and myself are to negociate with Maryland if she will appoint Commissioners to establish regulations for the Potowmac."

p. 362: "I found no opportunity of broaching a scheme for opening the Navigation of the Potowmac under the auspices of Genl. Washington. . . ."

20 August 1784 From James Madison, pp. 401-410.

p. 401: "Your favor of the 1^st. July written on the eve of your embarkation from Boston was safely delivered by your Servant Bob about the 20^th. of the same month."

pp. 401-402: "The act which produces most agitation and discussion is that which restrains foreign trade to enumerated ports. Those who meditate a revival of it on the old plan of British monopoly and diffusive credit, or those whose mercantile arrangements might be disturbed by the innovation, with those whose local situations give them, or are thought to give them an advantage in large vessels coming up the rivers to their usual stations, are busy in decoying the people into a belief that trade ought in all cases be left to regulate itself, that to confine it to particular ports is to renounce the boon with which Nature has favoured our country, and that if one sett of men are to be importers and exporters, another set to be carryers between the mouths and heads of the rivers and a third retailers, trade, as it must pass through so many hands all taking a profit, must in the end come dearer to the people than if the simple plan should be continued which unites these several branches in the same hands. These and other objections, tho' unsound, are not altogether unplausible, and being propagated with more zeal and pains by those who have a particular interest to serve than proper answers are by those who regard the general interest only, make it very possible that the measure may be rescinded before it is to take effect. Should it escape such a fate, it will be owing to a few striking and undeniable facts, namely, that goods are much dearer in Virginia, than in the States where trade is drawn to a general mart."

p. 403: "I think for the people here to push the culture of this article [tobacco] whilst the price keeps up, it becoming more apparent every day that the richness of soil and fitness of climate on the western waters will in a few years, both reduce the price and engross the culture of it. This event begins to be generally foreseen and increases the demand greatly for land on the Ohio. . . .Nothing can delay such a revolution with regard to our staple, but an impolitic and perverse attempt in Spain to shut the mouth of the Mississippi against the inhabitants above. I say delaybecause she can no more finally stop the current of trade down the river than she can that of the river itself. The importance of this matter is in almost every mouth. I am frequently asked what progress has been made towards a treaty with Spain and what may be expected from her liberality on this point. . . . My answers have both from ignorance and prudence been evasive. I have not fit however to cherish unfavorable impressions, being more and more led . . . to conclude that Spain will never be so mad as to persist in her present ideas. For want of better matter for correspondence, I will state the grounds on which I build my expectations."

[Madison then gives five reasons, which I summarize as: 1) It's morally right; 2) It's consistent with Spain's earlier doctrine; 3) It's in Spain's interests; 4) Similar cases around the world show that the owner of the mouth of a river cannot deny rights to those upstream; and 5) It's in the general interest of Europe to allow the U. S. to develop its western lands. Although this section discusses riparian rights in a general way, there isn't anything directly applicable to the Potomac case.]

11 November 1784 To James Madison (from Paris), pp. 503-508.

p. 503: "Your letters of Aug. 20. Sep. 7. and 15. I received by the last packet."

"I was pleased to find by the public papers (for as yet I have no other information of it) that the assembly had restrained their foreign trade to four places. I should have been more pleased had it been to one. However I trust that York and Hobbs' hole will do so little that Norfolk and Alexandria will get possession of the whole. Your letter first informs me of the exception in favor of citizens, an exception which by the contrivance of merchants will I fear undo the whole."

"I am also very much indebted for your very full observations on the navigation of the Missisipi. I had thought on the subject, and sketched the anatomy of a memorial on it, which will be much aided by your communications."

11 November 1784 To James Monroe (from Paris), pp. 508-514.

p. 509: "I am to acknolege the receipt of your letter of Aug. 9. from New-york, but not of the previous one. . . ."

p. 510: "I have had a hint [from Madison] that [Spain] may agree to make New Orleans a free port for our vessels coming down the Missisipi. but without permission for us to export our produce thence. All the inadequacies of this to our purpose strike me strongly. Yet I would wish you to sound your acquaintances on the subject and to let me know what they think of it; and whether if nothing more can be obtained, this or no treaty, that is to say, this or war would be preferred."

12 November 1784 From Benjamin Harrison (in Richmond), pp. 519-520.

[Not an answer to any particular letter of Jefferson's.]

p. 519: "Our assembly is now sitting. . . . They have the Subject of opening the navigation of the Western Waters before them, and I am hopeful will set the work on foot, as they seem fully impressed with the Utility of the measure. . . ."

18 November 1784 From Francis Hopkinson (in Philadelphia), pp. 534-538.

[Not an answer to any particular letter of Jefferson's.]

p. 535: "Congress have not yet been able to make a House at Trenton. It is uncertain where they will finally settle. New York has made offers. It is manifest however that they cannot be accommodated in Trenton. . . . If Congress should not be able to make a Majority sufficient by their Constitution to determine on any one place of fixed Residence (a Case very likely to happen) will they not be in [a] Situation" like that of Mahomet's Tomb-suspended between Heaven and Earth and belonging to neither!"

8 December 1784 To James Madison (from Paris), pp. 557-560.

p. 557: "In mine of Nov. 11. I acknoleged the receipt of yours of Aug. 20. Sep. 7. and 15. Since that, the one of Oct. 11. by the packet has come to hand as also that of July 3. . . ."

p. 558: "I look anxiously to the approaching and improving the navigation of the Patowmac and Ohio, the usual junction of that of the Big-beaver and Cayahoga by a Canal; as also that of Albemarle sound and Elizabeth through the dismal [swamp]. These works will spread the feild of our commerce Westwardly and Southwardly beyond any thing ever yet done by man."

11 December 1784 From Marbois (in Philadelphia), pp. 568-569.

p. 568: "Le Congrès est enfin assemblé et il est très nombreux. On n'a rien déterminé touchant le lieu de la résidence: mais il y a de l'harmonie entre les differentes delegations et on espere que tout sera pour le mieux."

["The Congress is finally assembled and it is very numerous. It has determined nothing concerning the place of residence: but there is harmony between the different delegations and one hopes all will be for best."]

11 December 1784 From Hugh Williamson (in Trenton), pp. 569-570.

[Not an answer to any particular letter of Jefferson's.]

p. 569: "A valuable Improvement is said to have been made in Mecanicks by a Citizen of Virga. [James Rumsey] on Potowmack. He says he has found a method of working a Boat carrying from 5 to 10 Tons 70 or 80 miles a day by three men up such a River as the Ohio. He says she will go @ 3 miles the Hour up a River where the Stream runs @ 6 miles. Do you believe this? Genl. Washington has seen the Boat in miniature and certifies that it has exceeded his belief and he thinks it a useful discovery."

pp. 569-570: "You will soon hear many Complaints concerning our Western Country. The Spaniards have not only interdicted the Navigation of the Mississipi but they seem to be making Incroachments and are doubtless taking Pains to exasperate the indians, to the great Terror of our frontier Inhabitants and to the loss of some Lives."

p. 570: "Should the Navigation of the Mississipi continue open vast Bodies of People would migrate thither whose mercantile Connections could be of no Use to the old States. In Taxation their assistance would be very inefficient. On the contrary let the Navigation of the Mississipi be shut up and the Country joining our present Settlements will be first improved and a durable commercial and civil intercourse established."

9 January 1785 From James Madison (in Richmond), pp. 588-599.

[Not an answer to any particular letter of Jefferson's.]

p. 588: "I reached this place [Richmond] the 14^th. day after that fixed for the meeting of the Assembly and was in time for the commencement of business. . . . According to my promise I subjoin a brief review of its most material proceedings."

pp. 589-590: "An act for opening and extending the navigation of the Potowmac river. An act for do. do. of James river. The subject of clearing these great rivers was brought forward early in the Session under the auspices of General Washington, who had written an interesting private letter on it to Govr. Harrison, which the latter communicated to the General Assembly. The conversation of the General during a visit paid to Richmond in the course of the Session, still further impressed the magnitude of the object on sundry members. Shortly after his departure, a joint memorial from a number of Citizens of Va. and Maryland, interested in the Potowmac, was presented to the Assembly, stating the practicability and importance of the work, and praying for an act of incorporation, and grant of perpetual toll to the undertakers of it. A bill had been prepared at the same meeting which produced the memorial, and was transmitted to Richmond at the same time. A like memorial and bill went to Annapolis where the legislature of Maryland were sitting. The Assembly here lent a ready ear to the project, but a difficulty arose from the height of the tolls proposed, the danger of destroying the uniformity essential in the proceedings of the two States, by altering them, and the scarcity of time for negociating with Maryland a bill satisfactory to both States. Short as the time was however, the attempt was decided on, and the negociation committed to Genl. Washington himself. Genl. Gates who happened to be in the way and Col: Blackband were associated with him. The latter did not act, the two former pushed immediately to Annapolis, where the sickness of Genl. Gates threw the whole agency on Genl. Washington. By his exertions in concert with Committees of the two branches of the Legislature, an amendment of the plan was digested in a few days, passed thro' both houses in one day with nine dissenting votes only, and despatched for Richmond, where it arrived just in time for the Session. A corresponding act was immediately introduced and passed without opposition. The scheme declares that the subscribers shall be an incorporated body, that there shall be 500 Shares amounting to about 220,000 dollars, of which the States of Va. and Maryd. are each to take 50 shares, that the tolls shall be collected in three portions at the three principal falls, and with the works rest as real estate in the members of the Company, and that the works shall be begun within one year, and finished within ten years under the penalty of entire forfeiture."

p. 590: "Previous to the receipt of the act from Annapolis a bill on a different plan had been brought in and proceeded on for clearing James River. [Some details of the plan followed.] In the case of the Potowmac which depended on another authority as well as our own, we were less at liberty to consider what would be best in itself. Exuberant however as the [financial] harvest appeared, it was pronounced by good judges an inadequate bait for subscriptions even from those otherwise interested in the work, and on the arrival and acceptance of the Potowmac plan, it was found advisable to pass a similar one in favor of James River." [More details of the James River plan followed.]

p. 598, Ed. Note: Washington's private letter . . . to Govr. Harrison was private only in the sense that it was written by a private individual. It is a remarkable document and was addressed to Harrison in the expectation and hope that it would lead to public action and, in Washington's words, it concerned a matter "which would (if I am not too shortsighted a politician) mark your administration as an important era in the Annals of this Country, if it should be recommended by you, & adopted by the Assembly" (Washington to Harrison, 10 Oct. 1784, Writings, ed. Fitzpatrick, XXVII, 471-480). This letter, like Washington's energetic actions which brought the Potomac Navigation Company into being, sustains Madison's view that he possessed "a mind . . . capable of great views." These particular views had also been urged upon Washington by TJ in the spring of 1784. The Acts for Improving the navigation of the Potomac and James are to be found in Hening, XI, 450-62, 510-25.

pp. 590-591: "In addition to these acts joint resolutions have passed the Legislatures of Maryd. and Va. for clearing a road from the head of the Potowmac navigation to Cheat-river or if necessary to Monongalia . . . Pennsylva. is also to be applied to by the Governors of the two States for leave to clear a road thro' her jurisdiction if it should be found necessary, from Potowmac to Yohogania; to which the Assembly here have added a proposition to unite with Maryland in representing to Pena. the advantages which will accrue to a part of her citizens from opening the proposed communication with the sea, and the reasonableness of her securing to those who are to be at the expense, the use of her waters, as a thorough fare to and from the Country beyond her limits, free from all imposts than may be levied on any other channel of importation. This Resolution did not pass till it was too late to refer it to Genl. Washington's negociations with Maryland. It now makes a part of the task allotted to the Commissioners who are to settle with Maryd. the jurisdiction and navigation of Potowmac below tide water."

[This last sentence proves that the inclusion of the communique to Pennsylvania with the Compact of 1785 (see Mason Papers) should not be taken as evidence that the Compact itself referred to any part of the Potomac above the tide water. The communique was only included with the Compact because it was a convenient forum for Maryland and Virginia to address Pennsylvania jointly, the previous chance for doing so having been missed.]

p. 591: "By another Resolution of this State, persons are to be forthwith appointed by the Executive to survey the upper parts of Jas. river, the country thro' which a road must pass to the navigable waters of New River, and these waters down to the Ohio. I am told by member of the Assembly who seems to be well acquainted both with the intermediate ground and with the Western waters in question, that a road of 25 to 30 miles in length will link these waters with Js. river and will strike a branch of the former which yields a fine navigation, and falls into the main stream of the Kenhawha below the only obstructions lying in this river down to the Ohio. If these be facts James River will have great superiority over Potowmac, the road from which to Cheat river is indeed computed by Genl. Washington at 20 miles only: but he thinks the expence of making the latter navigable will require a continuation of the road to Monongalia, which will lengthen it to 40 miles. The road to Yohogania is computed by the General at 30 miles."

pp. 591-592: "An act vesting in G. Washington a certain interest in the Companies for opening James and Potowmac rivers. The Treasurer is by this act directed to subscribe 50 Shares in the Potowmac and 100 shares in the james river Companies which shall vest in Genl. Washington and his heirs. This mode of adding some substantial to the many honorary rewards bestowed on him was termed least injurious to his delicacy, as well as least dangerous as a precedent."

pp. 592-593: "An act giving James Rumsey the exclusive privilege of constructing and navigating certain boats for a limited time. J. Rumsey by a memorial to the last Session represented that he had invented a mechanism, by which a boat might be worked with little labour at the rate of from 25 to 40 miles a day, against a stream running at the rate of 10 miles an hour, and prayed that the disclosure of his invention might be purchased by the public. The apparent extravagance of his pretensions brought a ridicule upon them, and nothing was done. In the recess of the Assembly, he exemplified his machinery to General Washington and a few other gentlemen, who gave a certificate of the reality and importance of the invention, which opened the ears of the Assembly to a second memorial. The act gives a monopoly for ten years, reserving the right to abolish it at any time on paying £10,000. The inventor is soliciting similar acts from other States, and will not I suppose publish the secret till he either obtains or despairs of them."

[Note the act's use of the word "boat" (not "vessel" or "ship") for a craft used in inland navigation.]

p. 597:"Mr. Henry was elected successor to Mr. Harrison without competition or opposition."

25 February 1785 From Elbridge Gerry (in New York), pp. 651-652.

p. 651: "I am this Day favoured with yours of the 11^th. of Novr. . . ."

"Having given Mr. Adams Information of the proceedings of Congress since their meeting at Trenton, and desired it may be communicated to Yourself, I can only add on this Head that Mr. R. Morris, General Dickinson and General Schuyler are elected Commissioners to erect the fœderal Buildings on the Delewar, and that the two former have accepted the appointment."