^' '*o\^' 'ff^^\ '^^0^ :' ^^•n^. h^"^. ^:i^m^^ .^-n*. . % /.^yrtK-.-^^^ y\-:A*?iv% ..*\>.:^-/% ^v 'v %,<.* .Wa' X/ *^'^'- * V ^Pr. *%l^\ ^VK.V ^^-•^ .0^ . ..^'\ V-^^ .^^^^o .V* ,0 ci> ' K^^^""^ THE UNIVERSITY BULLETINS JULY 1, 1902 NUMBER 11 THE UNIVERSITY OF NORTH CAROLINA James Sprunt Historical Monogra No. 3. Letters of Nathaniel Macon, John Steele and William Barry Grove, with Sketches and Notes by Kemp P. Battle. LL.D. PUBLISHED BY THE UNIVERSITY CHAPEL HILL, N. C. e: THE UNIVERSITY PRESS CHAPEL HILL 11 JAN 1906 D. ofD. INTRODUCTOHY. The James Sprunt Monograph No. 3 consists of letters, not heretofore published, from Nathaniel Macon, John Steele and William Barry Grove, written at various times from 1792 to 1S24, with copious notes explanatory of the allusions therein. The orig-inals are among- the papers of General Steele, which were transferred to the University of North Carolina in accord- ance with the will of the widow of David L. Swain, once Governor and President of the University. The letters of General Steele are co])ies retained by him and in his hand- writing-. I prefix short sketches of each of the writers, and of James Hog-g-, to whom some of the letters of Mr. (rrove were addressed. There will be found also a letter of Colonel Jo- sejdi McDowell, of Quaker Meadows, in reply to one from General Steele. Kkmp p. By\TTLE. NATHANIEL MA (JON NalliiiniL'l Macon, of Huo-uctKil descent, was born in Warren county, Nortli Carolina, in December, 1737. His father, Gid- eon Macon, was a prosjierous farmer, and his mother, Priscilla, daiig'hter of Kdward Jones, was of the best and ohlest families of Warren. He was at Princeton Universit}- (then CollesJi-e of New Jersey) when tlie Revolutionary war broke out, left col- leg^e and enlisted as a private, but resigned from the army by advice of General Greene, when he was elected to the (General Assembly. He .served as Senator 1780-'81-'82 and 17SS and 'S(); after that, giving- place to his brother John, who was an esteemed Senator and Commoner for fourteen years. In I7'n he took his seat as Kej^resentative in Congress and was con- tinuously re-elected until J815 when he was transferred to the SenaR\ He was Speaker of the House 1791 to 1806. His ser- vice as Senator continued until 1828 — for three years, 1S2S, is2(i and 1S27 being President pro tempore. He thus liad thirtv-seven years of continuous service, elected with little op- position. ^''irginia voted for him as Vice-President in 1S24. His leaving the Senate in 1828 was on account of the inlirmi- ties of (tld age. He thereafter resolved to lead a quiet life but was drawn from his retirement to serve in the Constitutional Convention df IS.^3, of wliicli he was unanimously elected Presichnt. His last public work was as Elector on the Van Iluri-n ticket of IS.^7. His death occurred the same year, Juni' 2'itli. His Congressional career, together with others of his let- ters, and additional i)articulars of his family and private life, are given in the Janus Sprnnt Historical Monograph No. 2. In politics li*.' was a very strict construction Kejiublican, a JAMES SPRUNT HISTORICAL MONOGRAPHS O Crawford man and a Democrat, but he occasionally refused to follow bis party when in his opinion it deviated from the straig-ht path. He was a Trustee and warm friend of his State University. The strictness of bis integrity in private equalled that of bis i)olitical life. JOHN ^STEELE. John Slocl».', wlio, on ;iccouiil ol liavinj^- l)L'Ln elected by t.li>-' (loneral Asseinldv to the hif^hesl post in the militia, is usually ealled (iriural Steele, was horn in Salishury. North Carolina, in 17<>5. He was the son of William Steele and I-'Jizaheth, his wile, the latter heini^ known in history for a most praise- W(»rlh\ ael in the darkest hour of the Revolution. On the 1st of Kehruarv, 17S1, Gen. (xreeiie spent the ni;jht at her house. Dr. Read, who had char«>e of the American hospital at Salishury, called to see him. Said the Cieneral: "l have ridden hard all day in the rain. I am fatij^ued, hungry, lone and penniless." Mrs. Steele overheard the words. She went to her hilling- place and Itrought out two hags of specie, all she had, the saving-s of years, and ga\e tluin to him, saying: "Take these, you will need them. I can do witliout them." It was in her parlor that the picture of George III was hang- ing-. Gen. Greene turned the face to the wall and wrote on the back, "Oh, George! hide thy face and mourn!" John Steele, the son of this most excellent woman, was a merchant and a ])lanter. lie re])resented the borough of Salis- burv in the House of Commons in 17S7 and 17SS, and in the Conventions called to pass t«n the Constitution of the United Stales in 17SS and 17S'). His vole in both was given for the Constitution, which was rati HlmI November 2 \ 17S'). Mr. Steele was chosen to be one id' the lirst numbers < d the I'nited States House of Kepreseiilalives, and took his seat April I'Hli, 17*'o. llugii Williamson had i)rece(led him on March Kiih, Jolm Haplisl .\she on the 24th of the s;iiiu' month, 'rinu>tli\ IMnodworlh on the <>ih (d' A|>ril. and John Sevier, from acrt>ss tlie mountains, did not appear until the l<>th «d June. JAMES SPRUNT HISTORICAL MONOGRAPHS 7 General Steele was a warm admirer of President Wasliinjj- ton but not an unquestioning- suj. porter of all the administra- tion measures. In common with his colleagues he opposed Hamilton's plan of the assumpti. n by the Union of all the debts of the States contracted for gaining our independence, believing that it was impossible to adjust the account equita- bly. As might be expected he voted for the location of the seat of government on the Potomac. In 1791 he supported the bill for establishing- a national bank, the constitutionality of which was fought so earnestly by Jefferson, Madison and their followers. Sevier agreed with him, but Ashe, Blood - worth and Williamson were on the other side. On the ques- tion of reduction of the army he was earnestly in favor of the measure, making strong and elaborate speeches, endeavoring to show the superiority of militia over regulars. His motion, however, did not prevail. Of his colleagues Ashe, Grove and Macon were with him on this question, Williamson against and Sevier absent. On the resolutions of censure of the Sec- retary of the Treasury, he voted uniformly, with Williamson, in opposition to Ashe and Macon, in Hamilton's favor. Grove favored one of the resolutions. Mr. Steele's course in moving to reduce the army, being- perverted into indifference to the sufferings of the frontiers- men from Indian hostilities, probably caused his defeat for the 3rd Congress. That he was appreciated by the State at large is shown by the fact that he was elected by the General As- sembly Major General of Militia, and also at a later period, 1806, a Commissioner, with Montfort Stokes, afterwards Gov- ernor, and Robert Burton, who in l787-'88 was a member of the Congress (jf the Confederatitm, to adjust the boundary line between North and South Carolina. For this purpose the commissioners chose as their scientific expert, Kev. Dr. Joseph Caldwell, President of the University of North Carolina. Their action was ratilied in 1813. In 179(), by the appointment of Washington, he undertook the responsible duties (jf tirst Comptroller of the Treasury, and H THE I'MVERSITY Ul'LI-ETINS held llii^ posiliuii uiuil lH()2 with such acccptahilitv that he was rciiuesteil by Presi(K-nl JolTi-rson to oonlinue in the office. He determined however to resi;^n. eliieHy on account of un- willin«4-ness to l^e separated from his family and similar un- williiijrness, to remove them to Washiuiiton. It has been mentioned that lie was a memi)er of the House of Commons fn^n the horouj^^h of Salisbury in 1787 and 1788. He was aiiain a member in 17'>4 and 17')5, also in 18()(», 1811, 1812 and l()i;v In 1811 he was Speaker of the House. He was ag-ain elected a member of the House on the 14th of Aug"iist, 1815, but died on the same da}-. General Steele married Mary Nestield, of Fayettcville, N. C, whose ancestors emiiji^rated from Dublin, Ireland. She survived him many years. They liad three dau<<-hters, Ann, who became the wife of General Jesse A. Pearson, an uncle of Chief Justice Richmond M. Pearson; Maryfaret, who married Stephen r.. Ferrand, M.D.. and was grandmother of John Steele Ilentlersoii. late a representative in Congress frcmi North Carolina, and thirdly, Eliza, wife of Colonel Robert MacNamara. General Steele was universally recoj^nized as a man of sound judjrment and loftiest intej^-rity. He was in all respects a nKtdel citizen. WILLIAM BARRY (IROVE. Wm. Barry Grove, althoug-li once a prime favorite with a larg-e and intellig-ent District and for twelve years a member of Cong-ress, has almost disappeared from our history. As his family man}' 3^ears ag-o removed to the West or Southwest, their residence not being known, no information has been ob- tainable from them. Mr. Edward R. McKethan, a prominent lawyer of Fayetteville, and Mr. Allan A. McCaskill, an ag-ed and very intellig-ent citizen of Cumberland, enable me to give a few facts of his history. His mother married Robert Rowan, who g-ave the name to Rowan street in Fayetteville. His stepfather appointed him as one of the executors of his will and devised to him a lot of g-round on that street. His residence was that of his step- father, the colonial mansion at the corner of Rowan and Chatham street. It was a notable structure for that day, its situation on a hill, with the basement of brick, g-iving- it a striking- appearance. Mr. McCaskill remembers that its su- periority to the other houses of the neig-hborhood was such as to remind him of an old baronial castle. It has long- agfo dis- appeared but the ground is called the Grove lot to this day. Mr. Grove dispensed a bountiful hospitality. The town was on one of the main lines of travel between the South and the North, Members of Cong-ress, journeying-, many of them on horseback, to and from the seat of g-overnment, often found it convenient to become his gfuests, the duration of the visits being- limited only by the will of the g-uests. As his stepfather devised to his mother his plantation, called Hollybrook, it is probable that he inherited it. At any rate his style of living- showed that he must have had other in- 10 THE UNIVERSITY BULLETINS come ihiiii the reeeipls ol" his prulcssioii, Uuil ol" the law, unci his per diem as Representative. Of the early Hie of Mr. Cirove we know nothing-. We lirst hear of him as in 17S4 Kej^ister of the rounty of Fayette (as Cumberland was called by act of Asseml>lv of that year, soon to resume her first name). His popularity is proved by his election to the House of Commons in 178(), 178S and ITS'). In 17SS he was likewise a delej^-ate to the Convention called lo consider the Constitution of the United States, and voted with till' minority a«;ainst the resolution to i)ostpone it. He was sustained by his constituents, and the next year was elected a memljer of the Convention of ]7^'K as well as of the (Tcneral Assembly. In this Convention he was one of the r>4 aj^ainst 77 which made North Carolina a part of the Union. He also succeeded in havinj^- the State constitution of 177() amended so as to make Fayetteville a borough town, en- titled to a member in the House of Commons, as were Kden- ton, Newbern, Wilming-ton, Halifax, Hillsborouj;h and Salis- bury. He had two years before induced the (ieneral Assembl}' to constitute Fayetteville a district court town, in which su- perior courts Were held twice a year for several counties. Mr. Grove's popularity was such that he was easily elected to the first Con«vress and continuously thereafter until he went 3 before the irresistil)le Republican party. He was thus a member of the House of Representatives of the United States durinj^' the most critical period of the new {gov- ernment. He served durin<^- most of the administration of Washiuj^ton, all of that of Adams and two years of JetTerson. He was in the main a supporter of the measures known to be api)roved by the Federal leaders. On (piestions rej^arded as (d" peculiar interest to the South he voted with his section. He opposed the bill {^-ivintj- bounties to the j^reat (ireat Hank and Cod Fisheries. When Washington vi-toed the bill to apportion rej)resentalives, because not in accordance with llie Constitutittn he sustained the President. lie naturallv favored till law for the restoration of fu«iitives laves, and did JAMES SPRUNT HISTORICAL MONOGRAPHS 11 not favor the proposal to levy duties on tobacco and sug^ar. He opposed the increase of our navy for the Alg-erine war. In the dispute with Great Britain, which led up to Jay's Treaty, he favored the non-Intercourse measure, and notwith- standing its unpopularity in North Carolina, voted for carry- ing into effect the provisions of the treaty. In this he was conspicuous for courage, as with him were only three mem- bers south of the Mason and Dixon line, all the other South- ern members siding with Madisi)n and other opponents of the treaty. He g-ave his vote for the direct tax, and for appro- priating a sum sufficient to finish the frigates Constellation, United States and the Constitution, (old Ironsides). Heg-en- erally sustained President Adams. He voted for protection to our c(>mmerce, and establishing a naval department. In contemplation of a probable war with France he favored rais- ing a provisional army. He showed more courage than polit- ical discernment when, alone, of all the members from his State, he voted for tlie Alien and Sedition laws. Other meas- ures supported by him are the suspension of Intercourse with France, the prohibition of the slave trade, mausoleum to Wash- ington, and the repeal of the Sedition law. He opposed the the repeal of the act authorizing the appointment of addition- al judges, usually called the "Midnight Judges," also the ad- mission of Ohio as a State, and the receding to Virginia and Maryland of jurisdiction over the District of Columbia. The foregoing statement shows why Grove, like Davie and other able and patriotic Federalists, was unable to withstand the overwhelming- forces of Jeffersonian Republicanism. Grove's political career, was closed after losing his seat in 1803. He however did his State much service as an active and efficient worker for its University. It shows his hig^h rank in the public confidence, that, when in 1789 in its charter were named as Trustees forty of the most eminent citizens who had already attained, or were destined to attain, the highest positions as Governors. Senators, Judges, Representatives in Congress, and the like. Grove was one of the number. He THK UMVKKSITY BULLETINS held llli^ olViLi.' until isis. ])r(il>al)lv the (hite ol his death, and was alwavs ready to «j;"ive the stru^j^iing' institution wise e located. When one commissioner from each Jucidial District was balloted for to select the site, he was elected, the others being Wm. Porter, John Hamilton, Alexander Mebane, Willie Jones, David Stone, Frederick Har- gett, Wm. II. Hill. On November 1st, 1792 he met at Pitts- buro live of these commissioners, Ilargett, Mebane, Hill, Stone and Jones. After inspecting various points in Chatham, the)' fixed on Chapel Hill, the owners of the land generously donat- 1080 acres. Mr. TIoL'-'r's interest in the University did not end here. He JAMES SPRUNT HISTORICAL MONOGRAPHS 15 assisted the young- institution by his wise counsels in the se- lection of its professors, the adoption of its curriculum and starting- on its career of usefulness, until his resig-nation in 1S02, which was caused by a paralytic stroke, under which he ling-ered until his death in 1805. The family name of James Hog-g-, which is said to mean in Scottish, a year-old lamb, is not among his descendants. Those were the days of rough jokers, who spared not ag-e nor dignity. Annoyed by witticisms on boars, pork, shotes, pig-s, haras, sausages and other hog- products, in allusion to him- self and his children, he applied successfully to the General Assembly to change the last name of his sons Walter and Gavin, to Alves, their mother's maiden name. He said that his (laughters had power to change their own names and lience they are not found in the Act of Assembly. He was a member of the great Transylvania Company, of which Judge Richard Henderson was President. This com- pany assumed to buy of the Cherokee Indians an immense tract of country, part of the present states of Kentucky and Tennessee. The states of North Carolina and Virginia de clared the sale illegal, but each allowed the company 200,000 acres by way of compromise. Some of the descendants of Mr. Hogg left the State and settled in Kentucky on part of this purchase. The wife of James Hogg- was McDowal Alves, daug-hter of Alexander and Elizabeth (Ingles) Alves. Of their children Walter and Gavin Alves were successively Treasurers of the Universit}' and the former was also Secretary and Trustee. Walter Alves was Commoner of Orange county in 1793, '94 and '95. He married Amelia Johnston, daughter of an- other member of the Transylvania Company, a merchant of Hillsboro,and settled near Henderson, Kentucky, said to have been named after John Henderson, who married his daughter. There are many descendants of Walter Alves, five of whom in the first quarter of the late century, were students of the Universitv of North Carolina. 16 THE UNIVERSITY BULLETINS Ot the (lau<4'l)tcrs ol James lloji^g all chanj^cd their names. Elizabeth married John Huske, leaving- two ch"ilarties, thov nnisl recollect that the Representatives ol" this State were unanimous on the motion to reduce the army as amended by Dr. William- son, and in opposition to the extention of the indian war, thev rememher also the reasons which iniluenced these two votes, and on their report I intend to rest this part of the business. Copy of a letter to Col. Jo. McDowal, inclosed to Mr. (Trove. ' These first two letters throw light on tiie first letter of Macon, which follows. All the letters are printed with the sjiclling-, etc.. (»f the oriiJi^inals. Col McDozvcll to Gen Sleek: I)hiledelphia Jan.-l 2th-l 7'>5. Sir I received your letter the contents of which I have attended fo and as to what you mentioned that should have fallen from mc at Mor<^anton at the September terme, I recollect jierfectl}' that when in conversation with the Judges & Some of the attorneys, when poli- tics were the subject of conversation, and the ])arties in Congress mentioned and tlie part that ditTerent Char.icters had taken ik you among others, I recollect mentioning that vou were considered bv a great num- ber of the Memi)ers from the Southern States and bv those from Pensylvania & Virginia in perticular, to have joined the aristocratical parly, stating- that when you first came forward and perhaps for the first Session you were strongly ojiposed to the " Secre- tary of State, ik to certain men and measures, but that they had by some means they could not account for got you to join tlu'ir ])arty and that afti-r which you advicated their Charactors vSi Cause more streneously than vou had at first opi)()sed it I not ready at first to cri'dit this report i>ut when so repeatedly stated, I beg-an to suppose Iht-re was some truth in the asser- tions, and as to what I mentioned respecting your Conduct towards the frontiers, that I took from the JAMES SPRUNT HISTORICAX, MONOGRAPHS 19 assertion of Mr. Dayton of Jersey in the House which was not contredicted by an\' person and further it was mentioned to me in privet by Mr Clark who broug"ht forward the resolution, for calling- forth the Melitia for the protection oF the Southwestern Frontiers to act on the defencive or offencive — which I found you Voted ag-ainst and was told you exerted j'ourselfc in argument against which I did not think so much of as your ater Conduct as Stated by Mr. Dayton ^ in the House — when he Called up your Conduct and stat- ed that you argtied and acted differently when the g-alcries were Open than v/hat you did when they were closed, and further Stated your — Callingup sev- eral letters, Charging the Conduct of the people on the frontiers and that assig^ned & exposed their con- duct to the extent, and that you stated you well knew the Whites were as much if not more to blame than the Indians and mentioning your having- a General knowledg-e of their transactions but how you acquir- ed that knowledg-e 1 am at a loss to say, but admit- ing- it to be the fact — Such an account of the Conduct on the frontiers must opperate strongly against pro- tection being granted them as you well knew the Op- position which generally exists with Eastern States and I do asure you I want to have .been frend- Iv enoug-h to have wrote 3'ou respecting- the — manner in which Mr Davton araigned your Conduct, but ex- pecting MrGrove or Mr Macon would as you and them was in the habit of corresponding- with you, the in- fermation and report of your conduct made such im- pressions on my mind as I conceived to oe my duty to make it known and in that way that you would heare of it, but as to my mentioning many people or tak- ing- ]jains to do it is wrong- and as to what you men- tion about Motives you Sir nor no other Man under heaven has a rig-ht to call in question as I have given j>roffs Sufficient t) the world — the inclosed paper will give you the news — I am Sir jour most Humble Servant Jos McDowell Genl. John Steele — 20 THE UNIVKKSITY HULLKTINS NOTKS. ' TluTi.' were two Joseph McDowells. The writer oT this letter was known as a "Ouaker Meadow Joe," the other, his counsin and brother-in-law, being- "Pleasant Garden Joe." The lirst wa>. major at Cowpens antl Kinj^'s Mountain, often a member ol the Cieneral Asseml)ly, a member of the Consti- tutional Convention of 1788, and a representative in Congress, 17S8-'')5 and 17*J7-'W. In 17'i7 he was a commissioner to run the dividing line between North Carolina and Tennessee. He died August 11 th, 1801, aged forty-five. — a strong Republi- can. Joseph McDowell Jr., of Pleasant Garden, was a physician, a captain at King's Mountain; member of the Constitutional Convention ol 1788, and of the General Assembl}-. ' As Jefferson was Secretary of State it is probal)le that Col. McDowell meant to write Secretary of the Treasury (Hamil- ton). Jonathan Dayton, of New Jersey, — officer in the Revolu- tionary army, delegate to the Constituti(^nal Convention of 17S7; Representativi- 17'»l-"'»'»; Speaker of the House, l7'>5-''>9. A friend of Aaron Ihirr and suspected of being jirivy to his conspiracy in 1807. XdZ/uDiirl Macoi fo /o/ni Slcc/c. Philadel])hia Deer. lUh-17'M.' Sir Your letti'r of llie 22d ultimo • addri'ssed t(» Mr. (irove, which was intenderetty g^ood crops of Corn, to- Ij.kco will be rather short l)oth as to quantity tit «puilit\, but as s(»me "nave planted a «^«;oddeal of Cot- ton this may probably nearly balance the deficiency in the (piantity of tt)bacco, I mean as to value This is Friday thouj^h I am not sure what day of the month. I have guessed the l.sth I saw <'iriu-ral Davie to da\ whu .ipp».ars to be in in g-ood health I have only a woi«l in an important one JAMES SPHUNT HISTORIC AL MONOGRAPHS 23 both to you & me, and will no little interest the feel- ing's of some of my friends near you, wiiich is this, That you will with the consent of your family leave home on your return to Washington so as to stay a day with me I would rather ask for a week or a month but this I fear would not be granted, one day is as little as could be asked, yet I know it is much for you & your family to grant; If it sliall !)e convenient for you to make this trip, ])ray write me when I may ex- pect you, — We have some races I believe in Novem- ber at Warrenton, perhaps you could take them in on your wyy, if so I will advise unless it should be ad- vertised in the papers the day I have written this in some haste I am Sir yrs. sincerely Nathl Macon (Mr. Steele) These are tlie Weights agreeable to the New Mar- ket Rules of racing three Year Old to Carry S() lb four Ditto Ditto' fOO five Ditto Ditto 110 Six Ditto Ditto 120 Seven Ditto Ditto 13(» Sterling Gary Keeper of the Course Septr. 10. 1802 NOTES. 'Buck Spring was Macon's plantation, a few miles from the County seat of Warren County. "" The trade of Warren County was, in Macon's day, trans- acted in Petersburg, Virginia. "Mr. T." is probably James Turner, who was a private with Macon in the Revolutionary war. He was Governor of North Carolina. 1802-'05, and United States Senator, 1805- 1816. He had a larg-e plantation in Warren and raised race- horses. His son, Daniel Turner was a Representative in Congress, 1827-'20. Daniel's wife was a daughtc r of Francis S. Key. A daughter of Governor Turner uiarrieu George K. •J4 THE I'NIVKKSITY BILLETINS Bailycr, ;i Jiulj^c .iiul T. S. Senator. Macoti also raised lu)rscs aiul patronised the turf. 'Oeneral Davie was Win. Richardson Davie, ex-Governor and a special Commissioner to France log-ether with Chiel Justice Oliver Ellsworth and Van Murray- Their embassy averted war. l)a.\ie was called l-'ather of the University of North Carolina. He was defeated for Congress in 1802 by Willis Alston. S/i'c/r to Macon: u/ copy). Drill- Sir. I lliatik vou for vour two favors concerning- the weig•hl^ to l)e c.irried by running horses. Theccrtiti- cates will settle all (lisi)utes. Our Judges have con- cluded to tix the same for each day. lietween fifteen and twtiity horses are in keeping for these little l)urses. It diverts me t») see how much the passions of men can be excited in competition even for trifles. There are few things, my friend, I do assure you which c«»ul(l afford me greater ])leasure than to pay you a visit in Warren :-but in my present circumstan- ces it is totally im])racticable. Since the last of Augt. my fajniiy has been st) much indisposed '(Mrs. Steele of the number) that I have not in m>' power to make any arrangements in my private aff.'iirs pre- paratory to their removal to the seat of Government, and it is too irksome to' live there as I have done for some time past without them. Thus circumstanced I have found myself under the necessity of relin(juish- ing ( for the present) the intention of returning. The mail which carries this carries also a letter to the President re(juesting him to accept my resignation. After the sickly season ' shall have passed, my j)lan is to amuse myself with imjirovements in agriculture, ;ind as my principal business to resume a course of general reading which my apj)ointment six vears ago interrupteion of politicks, and with them I trust every pas- sion which could disturb a virtuous and lram|uil r«- tirement. I have done justice to mv feelings by assuring the I 'resident "that I am duly sensible of JAMES SPKUNT HISTORICAL MONOGRAPHS 35 his polite treatment and that in future it cannot but be a source of pleasing- and yrateful reflection to me to have been invited by him to continue in the Office." This alludes t(j a letter which he had the g-oodness to write to me last summer before the recess of the Ex- ecutive in answer to my application for leave of ab- sence. The g-reater part of my letter to the Secty. of the Treasy. is on business. It contains the follow- ing- parag-raph. "In conducting-, for six years past, the business of an office disting-uished for the labor and responsibility which it imposes my first object has constantly been fidelity to the public, the second, a respectful deport- ment towards those with whom it was my duty to maintain official intercourse. It will afford me no small deg-ree of g-ratitication to understand that I have succeeded in these to your satisfaction." Mr. Macon. ' Salisbury and its neig-hborhood were for many years much afflicted with malaria. The existence of a larg-e mill-pond was thouijht to have been the g-uilty cause. The g-reat im- provement in health since its abolition points to the truth of the theor}'. Grove to Steele. Fayetteville Oct. 1st 1802 My Dear Sir I returned yesterday from Hillsboro where I went on the 0th Sept. with Mrs G on a visit to her friends, on my return I found in the Post office your favor of the 16th ult. which g-ave me the first information of your return home, altho' I made inquiry after you while in Oran^je. I hope your family have recovered since you wrote, & that you continue to enjoy g-ood health in your native clime tho' Salisbury is loosing- its reputation of being- healthy. From your letter & the copy of the one to the head of your Department, which you done me the favor to inclose for my perusal, I perceive with reg-ret that vou have new cause to be dissatisfied with your sit- uation in the Govt. 26 THE UNIVEJtSlTY liULLETINS As soon as I read the report ot the ///vcsl/^(i////^\ discriminating;- »S: criniinatinj^- Committee, I could not help seeinj»- the cicc^ cut made at tlie Former Treas- ury Depart. From the temper and Views ol the majority ot the Committee, it was to be apprehended tliey would seize on every Possible case to injure the reeling- & reputation ot" the former Administ. but from the Examination & report of the Committee of the session before last, on the Treasury Depart, I did suppose the nc-^v invest iii;at ion would tind little to add, as to that branch of tlie (iovernment, but in the spirit of the times, they liave wisely and economically dis- covered, that for want of their legal and saving con- struction of the acts of Congress, monies have been disbursed without an act of appropriation, of course these monies should be refunded, ik they the Com- mittee appointed as a Standinj^ Board of expounders — ! — The contempt mixed with indignatic)n which that late Report excited in me induced me to think, that the men of sense and decency of their party would condemn it, as a crude, partial, & ignorant pro- duction — & that tho' tliey mig-ht for political reasons wink at its censure, 1 did not presume that the head of any Depart, would sanction & adopt the report as the rule of their otitice — I am really sorry to tind there is reason tt) believe it otherwise, & that the present Head of the Treasury in the case of ' Woodside is dis- posed to give a new construction to the Law, so as to produce a clashing of opinion Between your Judge- ment & former decisions, and liis own — If this dlTer- ence of opinion on the meaning of Law, arises alone from the honest & impartial Judgment of the Sec- retary, or is unconnected with any other cause or motive than a desire t(j construe Laws fairly, I can not think it shttuld add to your inducements to leave the Dei»artment — of this you alone can best judge- But while you are permitted to act and think inde- pendently on your own judgment and sentiments, & are treated with that delicacy and attention due to your success, your character He your situation, I most earnestly wish you to continue in office — If this is not the case, I know you tt)o well, to supi)Ose you would act with any set of men. We have no news here, and were it not f<>r the rail- JAMES SPRUNT HISTORICAL MONOGRAPHS 27 ino's and abuse of "Duaiic, 'Cullender, &c. a":ainst each other, we should lind the papers dull, but these fellows unfold some thin8d per Bushl. —lime is dearer & scarce. Mrs Grove desires to be united with me in a tender of our best respects to yourself, & Family, and par- ticularly to Miss Ann Believe me My Dear vSir With real esteem & regard Yrs Sincerely (John Steele Esq) W. B. Grove NOTES. Decision of Gallatin, Secretary of tlie Treasur}', relating to drawbacks on sugar. - William Duane, from 1795 to 1822 editor of the leading- Democratic paper, the Aurora, of Philadelphia. I ^ Thomas Callender, convicted by the influence of Judge Samuel Chase for passages in his pamphlet, "the Prospect before us," which were construed to be libellous under the Sedition law. President Jefferson pardoned him. "Ex-Governor Richard Dobbs Spaight, killed by John Stanly in a duel. The Federalists, as a rule, sustained Stanly. The Republicans declared that Spaight was in the right and that Stanly (a Federalist) was a murderer. Stanly was pardoned by Governor Benjamin * Williams. The quarrel occurred in their canvass for Congress. L * Oyster and other shells were, at that date, boug-ht in bulk 28 THE UMVKKSITY lU'LLETINS and hurtled tor liiiic. 'i'licy were hauled l;y wag'ou Irci Fayctleville lu Chapel Hill for that purpose. Miicoii to Steele. Buck Spriuif in Oclr. 1S02. Sir Yours of the .><» ultimo has heen received, and it is with real sorrow that I learn of your determination to resig-n. The reason which produces the resi«j;-na- tit>n is surely a cojy[-ent one, but I tliink it probable that the season is approachin<^ which will restore your family to health, and then vou mijj-ht with con- venience have removed them to Washing'ton; The otTice of Comptroller is surely among the most impor- tant in the U. S., especially as it relates to revenue; besides tliis, the settlings accounts with foreigners, is one in which both the interest and honor of the nation are concerned; nor can I close this sentence without repeating my sincere regret at your resignation; who will be your successor I cannot even guess, no doubt many may be found willing enough to accept the oftice who know nothing of the duties; and I devout- ly wish that a successor' may be found, ade(iuate in all respects" to the oftice; I know from the best authority that the President was hig-hly ])leased with your conduct, but I am repeating what I have before told The hot fog-gy weather has injured tobacco in some instances by moulding: it. The crop will not be large, nor of extraordinary quality, Cotton it is said i)rom- ises well, The crop of corn is generally good I wish more than ever to see you, but God alone knows when this will be. Had I the time to spare I would take a trip" to Salisl)ury I am with perfect respect Sir yrs. sincerely Nathl Macon. (Mr. John Steele Now at Salisbury No. Carolina) NOTKS. ■ Steele's successor was Gabriel Uuval, who was Com JAMES SPKUNT HISTORICAL MONOGRAPHS 29 oiler until 1811. He was a Representative inCong-ress 1794- 6, then Judo^c of the Supreme Court of Maryland. In 1811 e was appointed a Justice of the Supreme Court of the United tates and held the office until 1836. ^ B}' the travelling- methods of that day a journey to and om Salisbury took about ten days, provided there were no •eshets in the streams. These might delay the traveller luch longer. Steele to Macon. Salisbury April 11th 1803 Dear Sir, By Major Williams who left this place at the close of our court I wrote you a few lines in which I omit- ted to remind you of your promise to see me in the course of the ensuing summer. Nothing I assure you would give me more pleasure than to take you by the hand at my hut, and our girls hope you will favor them with the company of your daughter at the same time. The}' will do everything in their power to make her time while here pass agreeably. In return for a few weeks of your own society I will treat you with some of the Visions of a cidevant. A station in the background you know sometimes affords views not altogether unintetesting to those engaged in the busy scenes of the front ranks. The only merit of mine is that they have been formed with calmness and deliberation. " There is one important subject on which I cannot forbear to give you a few hints in anticipation. A good deal of reflection since has con- firmed me in the opinion I expressed to you about a year ago. The reasons in support of that opinion wd. be too long for a letter by post. I allude to the Mandamus, and the fashionable doctrine which it was made use of to establish, that the courts have power to pronounce Acts of Congress unconstitutional and void. There is a remarkable coincidence in the arguments lately, published of ^Mr. Lee and the Chief Justice." To whom the credit of originating and digesting them belongs is not perhaps material. Between them they have made the most of the occa- 30 THE UNIVERSITY BUIXETIXS sion. Lon-ici;ins in the forum like Partisans in the field show Ihelr skill by passing,'" the strong- and se- lectinj»- the weaker points of attack. It is certainly a sound principle that in a well or- ganized government of fyaws as we believe ours to be every wrong slid, have its pr()])er remedy. If this principle can be shown to have its effect in the cases stated by the Chief Justice the necessity for judicial interference will not exist, as all the arguments in favor of such interference are predicated on h3-potli- esis that an injury has Ijeen done io the applicants by the Executive and that they are without rcraed}- ex- cept from the Judiciary. This is 'he point which the Chief Justice and the learned counsel pretended to examine. B}' the theory of our Government the Leg- islature, the Executive & Judicial departments are in a certain degree, or for certain pur])oses distinct. It is inaccurate to suppose them equal in trust, or in power. The officers who com])ose the President's council are his constitutional advisers and with him form what is denominated the Executive. Should the Sect}', of State a constituent part of this great de- partment do wrong in his official capacity to an indi- vidual or the public with or without the sanction of the President the intimate relation which the con- stitution supposes to exist between him and the Pres- ident mav l)e dissolved by removal or impeachment after which he is amenable to the Judicial authority in the form of an indictment and perhaps by civil process. Until that connection be dissolved the offi- cial acts of aSecty.of State are to be regarded as the acts of the President. With respect t(» them he stands on Executive ground not examinable l)y the Judiciary. The courts have no constitutional power to inquire whether (for instance) a patent for land be wrong- fully or rightfullv withheld. If withheld the first step of a purchaser supposing himself entitled slid, be bv petition to the President, afterwards if redress be re- fused by petition to the house of Repvs. where im- l^eachments originate. The remedies in the i)ower of these two authorities to afford cannot fail to be effectual, the course to be ])ursued to obtain them is plain an /<•?'. Any ten- ure different from that prescribed by the constitution ''during good behavior'''' would be so. If they are not Judges in this sense they are like other officers removable by the President. The law can not be valid and void at the same time, good to vest the power of Judges but void as to the limitations of their authorit}-. This is too great an absurdity to be seriously maintained, and yet without recurrence 82 THE ITNIVEUSITY BULLETINS to some such fiction it is difficult to perceive on what foundation the title ol the Justices of the peace for the district of Columliia to hold their offices inde- pendently of the will of the Executive rests. It can- not be from the nature of the duties to be performed else the Comi)tr. Auditor, Accountants, Commrs. un- der certain laws and treaties wd. be equally indepen- dent for the}^ all ])erform duties in a certain decree judicial, and in some points of view much more im- portant to society. The act which jirovides for this appointment must then be presumed the only founda- tion of their independence and this proves as clearl}- as a point can be proved by implication that they were not to be rc»^arded as Judg-es in the sense of the constitution and that the term of five 3'ears was fixed for their service merel}- that the Executive depart- ment mig-lit at stated periods review the roll and leave out sucli as age or other causes had rendered unfit without recurring to the painful alternative of re- moval. The President is said to derive the power of remov- ing^ all ofticers not commissioned to hold their offices during g-ood behavior from the constitution, if so ac- cording to the maxims of the Chief Justice an act to divest him of that power or to restrain the exercise of it in terms wd. be unconstitutional and void. The consent of the President to such an act wd. be equally' unconstitutional because Congress even with his aj)- probation cannot alter the constitution. In England it is otherwise. But even there "the King is not bound by any act of parliament unless he be named therein by special and particular words. The most g-eneral words that can be devised affect not him in the least if they may tend to restrain or diminish any of his rights or interests: — for it wd. be of the most mis- chievous consequence to the public if the Executive power were liable to be curtaildl without its own ex- press consent by constructions and implications." The limitation of five years then cannot create an inde- I)endence of the Executive to whom it exclusively ap- pertains as incident to the power of Appointment to determine when and how vacancies hai)pen free of any kind or degree <^f responsil)ility to the judicial department and consequently a right to demaml the JAJVIES SPRUNT HISTOltlCAL MONOGRAPHS 33 Commissions, or transcripts of them, or to exercise in virtue of either the authorities of Justices of the peace contrary to the will of the President is without foundation. A case exactly in point occurred not long- sine* in Pcnns3^1vania. The present Gov. re- moved an officer, 1 think tiie Adjt. Genl who held his appointment under a law which fixed the tenure to a term of years like that of the Justices of the Ds. of Columbia. There was moreover a salary attached to this office which in a state where rig-hts are so well understood and so liighly valued as in Pennsylvimia wd. not have been yielded if a power to revise and correct the procedure had been supposed to exist in the courts. However men ma}- differ in their opinions as to the expediency and perhaps the justice of some parts of Mr. McKcans political conduct all I believe agree in paying" homage to liis professional knowl- edge and it is for this reason only that the case is cited. Can the Judge, by Judicial sentence pronounce Acts of CongTess unconstitutional and void? This is a power so transcendent and calculated to alter so es- sentially the relations which difft. departms. of Gov- ernment bear to each other that it slid, have some better foundation than the constructive inferences of those who claim and are to exercise it. By the the- ory of our Govt, tlie three g-reat depts. are distinct though not ec|ual. The Leg^islature in the nature of things is supreme because it not only prescribes rules of action but possesses independently of the other de- partments the power of compelling obedience. Its members moreover are under the same solemn obliga- tion to do right and support the constitution invio- late, and possess the same right to determine in their leg-islative capacit}' the meaning of its doubtful parts, that the Judg-es do in their official capacity. That lioth Houses of the Legislature formed as they are, the Presidents and heads of Depts. shd. be more lia- l)le to be mistaken or more disposed to violate it than perhaps a bare majority of the Judges of tlie supreme court is not to be conceded. Whence then originates the error in supposing- that the judges possess this new & gigantic power? I answer, in the facility with which small bodies of men can be brought to 3 'M TMR rNIVEHSITV ntLLKTINS embrncc :iii opinion r;iv()r;il)k' to lluir own dij^nily .111(1 ol'lii i;il inlhu'iuT, 1<> llu' coiniiKni interest which tiX-nllenK'n ol llic law lei'l llirouj^liout our country in cxtcndinjx their sphere of action l)y increasing- the jurisdiction of the judicial dept. and as a n(?tc;.sary consecjuence tin- chatices of litij^ation — but above all to inaccurate notions which are ])erhapsthe ofTsprinj^ of the forc«j;'oinv the President because he deemed it unconstitutional, two thirds of eacli house aftds. concurring it becomes a law the opinion of the Kxec- utive notwithstanding and the Secty.of State must re- ciMve and deposit it among the rolls accordingly. Can it be presumed that a prerogative defined with scrupulous exactness and limited in reference to the second dci)artment of (jovt. sh'd have been intended by the convention to be confided to the third by im- plication in a sense as broad too as the most express words could convey it. A doctrine so entirely unsup- ported bv reason and analogy cannot stand the test of examination. TIow then it may be asked arc the Judges of the Sui)remc Court to act in cases where they conscientiously believe the law and consti- tution to be at variance? 1st they sh'd suspend their decision and prest'iit totlie President a respectful rep- resentation for the i)uriiose of having- the attention of the Legislature called to the subject. If after con- sidering the rii)resentati()n of the Judges an attemj^t be made to rei)eal the law without success, or if a ses- sion be allowed to i)ass without repeal or modifi- cation it then becomes the duty of the Supreme Court to actjuirsce in the same manner as an inferior tri- bunal is liound to yield obedience to a superior. It is hence the difficulty originates. The Supreme Court cannot re'^ard the legislature as a superior tribunal and until its superiority is established decisively the (piestion will miiHin unsettled. The solemn mockery of the oath applii-s e(|ually to the members of the Legislature and of the Kxecutive who were concerned in the p.assing as to tlu' Judges and officers whose JAMES SPRUNT HISTORICAL MONOGRAPHS 35 dut}' it ma}' be to execute a law which the latter ma^- deem unconstitutional. A district Judge for instance ma}" conscientiousl3^ believe a tax on carriages uncon- stitutional yet if adjudg-ed tc be otherwise bj tho Supreme Court he is bound to 3-ield acquiescence and give it execution. It is equally clear that the Supreme Court owes and may be compelled to yield similar o])edience to the deliberate and solemn acts of the Legislature the highest and most august tril)unal of a free country. Order and the genuine relations of Govt, cannot long be preserved in any other wa\\ NOTES. ' Probably Marmaduke Williams of Caswell, who vns elected to the State Senate in 1802 and the next year to the House of Representatives of the United States. He served until 1809, and then removed to Alabama, where he was a delegate to the convention which formed the State Constitution. In his old age he was County Judge. -In the case of Marbury vs Madison, Secretary of State, the Supreme Court held that the plaintiff, having been appointed Justice of the Peace for the District of Columbia by the Presi- dent and the Senate h.iving approved the nomination, the commission having been duly signed and sealed and left by the late Secretary undelivered, was entitled to his commission, and that mandamus should lie to compel the delivery by the new Secretary of State, but that the act giving the Supreme Court original jurisdiction was unconstitutional. Although the power and duty of the Court to nullify unconstitutional acts is now universally conceded, able men in that day tliought otherwise. General Steele's letters gives their line of argu- ment. ■ Charles Lee, Attorney General 1795 to 1801. He had l)een Delegate from Virginia to the Continental Congress. ■• Chief Justice John Marshall of Virginia. He advocated in the convention of 1788, the adoption of the Federal Consti- tution; Envoy to France with Gerry and C. C. Pinckney in 1797; Congressman 1799-1800; Secretary of State 1800-'01; 3(5 THE UNIVEKSITYl' BLI.ETINS Chid Jitsticr <.! tlir I'liitcd Stales, ISOl lo his death. July 6 1835. Author ol Lite of Washinjj^toii. Miiani to Steele. Ralciicli 11 ^Time 1S(I.^ Sir I liavc to aclo- IWL'cii us il seems alinost too formal, I am well aware ihaL it proceeded from u^reat delicacy but 1 cannot help Ihiukin*;', that you (U)ubted whether to pay it or not, 1 will own to you, ihat I have often (h)ul)ted that to do on like occasions. Write often and posta»^e or no postag-e I will not scold you as^ain, unless it l)e for noi. writing lie pleaseil to offer my best respects to your lamilv and believe me to be with sincere rejii^artl Sir yr. most obt sert- Nathl Macon (Mr. Steele) NOTES. 'Prol)ablv Gen.SaniM Smith of Mar3'land;Coloncl in the Revo- lutionary war; U.S. Representative in Con«rress, 1793 1S(».>; and lSl()-'22; Senator 1S().^-'15 and 1822-33. Commanded the M.ir\land troops in the defence of IJalliniore in 1S14 and (pielled the Baltimore riot of 1835. Mr. Macon was usually accurate. This "always" is evi- dently an exa54'geration. Steele to M(ici))i. Salisbury Sept 12th 18(>3 Dear Sir Accept mv thanks for your favor of the 7lli ulto. It came to hand when I was a g'ood deal occupied with workmen in superinleiidinji' some neccssaryalt- erations of the inside parts of my house ^vhich could only be done during" the season when chimnies are not in use. This is my apology for not acknowledging it sooner. It is natur.il lh.it you slid, feel a little curiosity to know the fate of my essay in Toast making. I will endeavor to gratify it. On I'^riday evening preceding the 4tli of July a very heavy rain fell at Lethe my river plantation where I had a considerable (|unty. of wheat cut ».\: in the Ih lil exposed to injury. Tiiis obliged me to go there instead of nu'(.'tiug Iht,- com- mittee on Saturday morning the lime appointed. I JAMES SPRUNT HISTORICAL MONOGRAPHS ;J9 however apolog-ized for my absence by a note, and transmitted for their consideration the sketch which you have seen and which I am happy to hnd meets your approbation. The members of the Committee all attended except myself, chose Judg-e Macay ' for their Chairman, proceeded to business. Of the seven- teen which I sul)raitted they adopted six without al- teration. These were the 1st. The day &ca. 6th. Foreig-n nations in amity &ca. with a quotation from Mr. Jeffersons inaug-eration speech lltli. The militia &ca. A nation armed &ca. I4th The Press &ca. l(>th. The fair sex &ca. I7th. The State of Ohio &ca. Others they adopted in part but with alterations which can hardly be called improvements. The 2nd. 7th. 13th. 15th. they rejected altogether. To the 3rd. The Fed. constitution they annexed a sentiment in- correct in principle and in language. It was this. The paladium of our rights, let it never be violated. (The paladium of Troy from whence the term de- scended was in the sense of the Trogans incapable of violation.) The true paladium of our rights consists in our sense of their nature and value; in our virtue to chuse proper persons to represent us, and last of all in our swords. It is absurd to say that our rig-hts are dependent on the Fed. constitution. We were free before it existed as now, perhaps not quite so tranquil. Instead of the 4th they substituted the mem- ory of Geul, W. In favor of this alteraticjn I under- stood it was urged Dy ^ Mr. H. that to connect with that name, any other name or description of charac- ters wd. derogate from the respect due to it, as if he could have accomplished any thing without the co- operation of others Instead of the 5th They adopted simply "the President of the U. S." without even using the name of Mr. Jefferson. From the 8th They expurg"ed the words "• Governor ami and adopted the remainder which was in substance the same but like the 5th not quite so respectful to the chief mag-istrate. Instead of the 9th & 12tli some general, commonplace sentiments in favor of learning & commerce were adopted. Of the 10th the adopted the first part, The absence of party spirit and rejected what followed. (I regret that it was the late of some of the best to l)e totally lost, or so mutilated as not to he worth 40 THE UNIVERSITY BULLETINS imbliLaliim i. Tlic 14lli iui«4lil !)'■ iniiirowd 1)\- the ;il- leratit)!! which you su<4i4'est and I sincerely wish that g-ood men wt)uld quite to correct the evil upon your plan which appears to be the only practicable way. The f^reater part ol the committee I understand were but Mr. H. from whom the opposition chiefly came was strenuous to retain some «)f those which were rejected; and they compromised lOr the sake of unan- imity, and as a compliment to other members who also had been ut the tr(*uble to prepare sketches for the consideration of the committee. They compli- mented me by the adoption of more than my propor- tion, and probably if I had l)een present a few more wd. have been reed, and perhaps fewer alterations made. 1 have seen the charj^e of Judj^-e Chase" as published in the Nat. Intelliiiencer. It is extra Judicial and in humble opinion e.xtremely indecorous; but if there were no other objections to it, on the score of principle it Nvd. be indefensible. Men in hijjh i»ublic stations slid, be careful to t^^-uard a^-t. the influence of their passions always apt to mislead the understanding", if not corrupt the heart. The opinions of some of the Judges^ on other subjects are so inaccurate i nd ]irepiis- terous that I am not surprised at this, my only wish is that friend Moore' may prove as I am sure he will like i)uro gold, the more bright for being tried in such a crucible. Mr, Patterson' I consider also a man of sterling- integrity; of some of the others you have long known my deliberate opinions. It is useless to repeat them. The purchase of Louisiana is certainly a great affair. It will give lustre to to the administration which achieved it. l'\iture Historians will rank it, (like the declaration o: Independence the treaty of l)eace, the adoption of the Fedl. constitution) among the memorable events of our country, and slid, we also obtain the Floridas the actiuisition will be as ini- ])ortant in its consequences as any of them. The sum" to be given is large, but not t«)o much. To have taken possession of tiie forlilicatioiis and other establishments necessary Ut retain it bv force wd have recjuired much m'>re. To think correct! v on llu- expense of military enterprises we slid, call tooui rec- JAMES SPRUNT HISTORICAL MONOGRAPHS 41 oUectioii the experience we ha\'e had in erecting- forti- fications on the sea coast, in the Pittsburg-' & No Hampton expeditions, in prosecuting- Indian wars, to say nothing- of the delays and disg-race which have attended them. It is no disparagement to the pacific plan of the President that our Knvoy arrived at a fortunate crisis. It is always the part of a statesman as it is of a (xenl. to watch events and to profit by them; but even there it is ascribable wholly to accident, as it is the way of the work! to make a man responsible for his bad, they shd. also g-ive him credit for his g-ood fortune. A few days ag-o I was imperceptibly led in- to a warm dispute with a Federalist an acquairitance of yours on the question whether the British Govt, wd. not be justified in taking- possession of New- orleans at any time before the ratification of the treaty by our senate. A g-ood deal was said on both sides, but I endeavoured to conclude the arg-umentby placing- it on this simple footing- Were the French competent to sell? Yes. Were we competent to purchase. Yes. A fair sale and a purchase l)eing- made by competent parties, on tlie 30th of April a time too of g-eneral i^eace, any attempt by the British Govt, to prevent the execution of tlie contract by taking- forcil)le possession of the place purchased wd. be an ag-g-ression which wd. justify war on the part of the U. S. He maintained however to the last that a treaty is of no validit}- until ratified, and as we are not bound to pay until the ratification we could not be injured by an event which wd. afford sufft. reason to refuse both. This was departing- from the question, because shd. sucli an occurrence take place, we wd. nevertheless be at liberty to ratify and withhold pay- ment until possession, which the french Govt, could not think unreasonable, or perhaps under such circum- ^ stances that Govt, niig-ht authorize the ai)plication of the purchase inone}' towards dispossessing- the In- truder. This wd. be a subject for subsequent neg-oti- ation, and not necessarily connected with the ratifi- c.ition. Another reason has been stated here which I have since seen hinted at in some of the papers to justify the British Govt, in such an interference, that tlie privileg-es secured to F and Spanish Vessels ex- cusivel^ of all others are contrary to the stipulation 42 THE UNIVERSITY BULLETINS ol llic Treaty ol London which j^naranlccb to the subjects of Great Britain in our ports the privili- g-es of the most favored nation. Without contend- ing- that the stipulation in favor of F. it Sp. bottcnns is not a favor granted but a consideration of the ces- sion, or rather a reservation of certain rights for a limited [)eriod by a nation possessing at the time and al)out to yield a Loni])lete sovereignty, it may be rejjlied that the treaty of London contains a i)rovision in favor of british vessels of Canada in the No. Wt. ports of the U. S. exactly similar where the reason did not apply with near so much force as in the pres- ent case. See the article. A favor which we did not grant to F. V. in any of our ports nor even to B. V. excei)t in the No. W, ports; this altho objected among ourselves as an unconstitutional ])rovision was never I believe complaineil of by France; having no existing rights she could not reasonably object to an arrange- ment which dei)rived her of none and had for its ob- ject only the local accomodation of another, then with respect to those ports, like Britain now with res- pect to the ports within the Mississippi. A nation about to cede has a right to make its conditions, and there is certainly a clear distinction between a terri- tory received under such conditions, and favors grant- ed in the ordinary course of commercial arrangement. G. Britain having no actual participation in the trade ol the Mississippi before could not I think have com- plained even if the treaty of cession had obliged us to exclude her vessels altogether but this would have been a departure from our system of policy which I hope always will continue to be '"lihcral nmnncrcc zvith all nations.^ cuhdi^/iiii^- alliances zcitli mnicJ"' There is however one sti])ulation in this treaty which I sincerely lament, because I am sun it will increase the difticulties of the Secy, of the Treasy. I mean the payment of the interest (of the stock to l>e created) in Kurope. I suppose it nuist have been either insisted on by the F. (iovt. or perha]>s inadvertently agreed to l)y Mr. fvivingston. It is l.ir other reasons, beside the difficulties of remitting, an unfurliinate i)arl of the contract. The foregoing is the copy ol(li'U. Steele, s letter retaincti by liiiii. We have not the original. JAMES SPRUNT HISTORICAL MONOGRAPHS 43 Drafts respectfully subinitted to the consideration of the committee appointed to prepare them for the 4th July 18U3. 1st. The day. — Perpetuity to the principle of the rev- olution which it commemorates. — 2nd. The United States. — Common interest their best cement. — 3rd. The Federal constitution. — A g-ood form of Gov- ernment prepared for us by wise men in the spirit of mutual concession. — 4th. Our late illustrious fellow citizen Georjj-e Wash- ington and the long- list of Statesmen and Heroes who cooperated with him in the establishment of American independence. — 5th. Thomas Jefferson President of the United States, and the Majorities of both houses of Congress. — Let tlie reflection that they are invested with powers deleg-ated by the whole people inspire them with sentiments of justice and moderation and their political opponents with those of ac- quiescence and respect. — 6th. Foreig-n nations in amity with the United States. — Liberal commerce with all, entang-ling- alliance with none. — 7th. The people of North Carolina. — Happy under a form of Government in theory simple, in practice safe and economical. — Sth. The Governor and Constituted authorities of Nortli Carolina. — 9th. Our University' and other institutions for the in- struction of youth. It slid, never be forg-otten that knowledg'e and virtue are the best preserva- tives of civil liberty. — 10th. The absence of party spirit. — Wherefore slid, it exist? "We are all republicans and all Fed- eralists." 11th. (Put)lic arsenals in proper situation adequate to the complete equipment of) The Militia. — A nation armed united and free is invincible. 12th. Ag-riculture, commerce, and manufactures. — Kxtension, and security' to them all, they are the g-reat sources of american prosperity. 13th. Puldic credit and the public debt. — An honor- able performance of our legal eng-ag-ements will 44 THE UNIVERSITY BUI^LETINS increase the one by the rcj^ular and sj^eedy ex- tinction of the other. 14th. The Press. — Let us learn to distinguish be- tween its freedom and licentiouness. — 15th. Our rights on the Mississippi. Should diplo- matic means fail Government may safely trust the final issue to god, and the enerj^ies of a peo- ple who will neither do nor suffer injustice. — 19th. The fair sex. — Without participation in public affairs their dominion is in the hearts of their countrymen. I7th. Our Sister State Ohio. — [The day is not distant when her imiiortance to the Union (as a frontier) will be known and appreciated] — Young- in years but g-rowing- fast into importance. NOTES. ' Spruce McCoy, a Judgx* of the Superior Courts of Law a{ Kquity in North Carolina 1790 to 1808. "Archibald Henderson, son of Richard IKiuKrson, who w a Judge prior to the Ki'volution. and brollier ot Cliirf Justi Leonard Henderson. He was the leader of the bar of k*ow;i and Representative in Cong-ress 1799 to 1803; a Federalist. 'The (rovernor thus "scratched" was a Re])ul)lican, Jani Turner, of Warren county. He was elcted thrice, 1802-'tj At the close of his term as Governor, he was chosen to, United States Senator and served until 181(). Further notj of him is given elsewhere. ■ ^Samuel Chase, of Maryland, Judge ol the Supreme Coi of United States, 179()-1813. His charge to the Grand Jr of Baltimore, ^hly 2nd, 180.^, was extremely obnoxious to t Republicans. He declared that the repeal by Cong-ress of l| law for the election of si.xleen circuit iuendence the national judiciary was already shaken to its foundati'l < )ur c»)nslitulion will l)e a moi)ocracv the worst of all pi sible g-overnmeiits," and more lo the same effect. JAMES SPRUNT HISTORICAL MONOGRAPHS 45 The impeachment ag^ainst Judg-c Chase alleged injustice, irtiality and intemperate conduct and lang-uage. There ere eight articles. The first alleg-ed misconduct in the trial Fries, the next five similar outrageous conduct in the trial Callender for libel; the seventh charg-ed wrong--doing- in fusing- to dismiss the g-rand jury until they should indict a inter for treason, and Article VIII. characterized the charsre the g-rand jury at Baltimore as a prostitution of the judic- ry to low partisan purposes, with intent to arouse hatred gainst the government of Maryland and of the United ates. Twenty three votes for conviction were necessary, as it kes two-thirds to convict. On the first article only 16 out 34 voted guilty; on the second only 10; on the third 18; on e fourth, not one; on the fifth only 6; on the sixth 10; on e seventh 10; on the eighth 1*). Samuel Chase was a signer of the Declaration of Indepen- nce, an ardent and useful patriot, an extreme Federalist, an le lawj^er, but of overbearing disposition. 'The other Judges were besides Chief Justice Marshall, 31-'35, William Cushing, of Massachusetts, 1789-1815, illiam Paterson (so spelled), of New Jersey, 1793-1806, fred Moore, of North Carolina, 1799-1804. 'Alfred Moore had been a Captain in the Revolution, and torney General and Judge of North Carolina. ' Wm. Paterson, had been member of the Continental Con- ess and U. S. Senator. In the Convention of 1787 he was thor of the "New Jersey Plan," which guarded the sov- ngnty of the States. 'The price was $11,250,000 in United States stock payable fifteen years, and also $3,350,000 due by the French gov- iment for depredations on our commerce; in all $15,000,000. le purchase was supposed to contain over a million square les, that is, over 640,000,000 acres, about twenty three Its an acre. The white inhabitants were about 50,000 of 'ench and Spanish birth and 40,000 slaves. The treaty was 46 THK UNIVERSITY BULLETINS noi^'oliiitcd willi XiiiiDle'iin hv Roborl K. I^ivinj^ston, but Mor roo, bcin^- sent 1>\ Jcfti-rson spccialiy tor tlu' iiur|toso, joinci with him in coniplctin!^- the negotiation. 'Mr. Steele i>rol>ahl3- refers to the ex])enses of supprcssiii; the Whiskey Insurrection in Pennsylvania and Shay's Rebel lion in Massachusetts. Macoii to Steele. Washing-ton 27 Novr. 1803 Sir I write to 3'ou now, not because I have any thing- worth writing-, but because I hope it will be the means of inducing- you to g^ive me the news of Salis- bury, Tliis place affords nothing- new, which you will not find in every news paper; The vote to re- peal the Bankrupt act,' was not a part}' one, & the few who opposed the repeal, were not, one excepted, in favor of the principle, but wished it amended and to expire by its own limitation It is believed, that it will be known here, in 15 or 2i» days, either that the U. S. are in possession of New Orleans; or that the Spanish Government" there will not deliver it to the H. S, no fact is yet known here to induce a belief, that it will not Ije surren- dered; ever}' thing- tranquil at Ne'v\^ Orleans as late as 11-instant, no act at that day done, which indicat- ed the least hostile intention I cannot think of any thing- else to write, and were I to sec you it is possible, a thousand small affairs might come to my recollection which mifj^ht serve to excite laughter I am with great respect Sir Yr. most (^bt sert Nathl Macon (General Steele Salisbury No Carolina) NOTES. •Passed April S, ISdO. Kipraled October, 1S()3. It wa thought to be "prolific of fraud, wastefulness and a wile JAMES SPRUNT IIISTORICAl. MONOGRAPHS 47 spirit of speculation.'" The vote for repeal in the House was 99 to 13. "In 1682, LaSalle took possession of the territory and named it after Louis XIV. Bienville founded New Orleans in 1706. In 1762. France ceded the territory" to Spain. In 1800, Spain retroceded it to Prance. In May 1803, France sold it to the United States. December 20, 1803, Laussat, Commissioner of France, formally surrendered it to Wm. C. C. Clairborne and James Wilkinson, Commissioners of the United States. A body of militia of Oliio, Kentucky and Tennessee, was held in readiness, and a small force of Tennesseeans was moved to Natchez, in order to quell any resistance on the part of the inhabitants, but none was offered. The province was at once divided into two territories, that of Orleans, and that -enerally so tired of politics by the evenin«i-, that I ha, North Carolina passed the Act of Cession of Tennessee to the United States which was approved by Congress, April 2nd, 17'M). In this Act the ri«;hts of the officers and soldiers were i)rotected. In 17'H), Tennessee w.is admitted into the Union but the unappropriated lands were not ceded to lier. Tennessee claime latter the rii;ht to issue the niilitar\ warrants. ' In 1S(I(), t'on«iress in a spiiil "i liberality ceded to Tennes- see, the title of llu- United States, reserving" the claims of North Carolina undi'r th ■ Act of Cession, and certain Indian titles. The i)art not ceded was about one-third (d the state, and was west and south ol tlu- line known as the Military Reservation line. Till' Indian titles thus reserved wore those of the Chicka- JAMES SPRUNT HISTORICAL MONOGRAPHS 51 saw Indians under the Pioming-o Treaty of 1786. By treaties in 1S05, 18H) and 181S the Indians ag-reed to sell their rights and move beyond the Mississippi. After satisfying- all clai- mants, between two and three million of acres remained, which in 1846 were donated to Tennessee by Congress. The proceeds of the sale of one-third of such military land war- rants as escheated to North Carolina formed the endowment of her State University prior to the Civil War, the other two- thirds being taken by Tennessee for her own colleg-es. ■ Jefferson adopted the rule of "pell-mell" for his dinings, i.e. that there should be no precedence, no grades among foreign ministers. "All are perfectly equal, whether foreign or domestic, titled or untitled, in or out of office." Anthou}^ Merry, the British minister, arrived at Washington in the fall of 1803. He and his wife were invited to a reception on December 2n(], and contrary to usage, (France and England being at war) the President urged with success, M. Piclion, the French charge, also to attend. When dinner was an- nounced the President escorted Mrs. Madison and placed her on his right. Madame Yrujo, the wife of the Spanish min- ister, was placed on his left. Mr. Merry, without being as- signed to anv seat, started to sit next to Madame Yrujo, but was crowded out by a member of the House of Representa- tives. M. Yrujo wrote home that Merry and his wife had r(>ason to resent the, apparently studied, preference .given to himself and wife over Mr. and Mrs. Merry. Soon after at Madison's reception the host took to the tal>le the wife of the Secretary of the IVeasury, (Talhitin, and in the confusion on account of this unexpected conduct, Mrs. Merry was left alone, until her husband walked up and of- fered her his hand. M. Pichon wrote that in his opinion the Secretary of State wished "Mr. Merry to feel more keenly the scandal he had made." The scandal consisted in Merry's assertion that his treatment l)y Jefferson was intended as an insult to the nation he represented. Mrs. Merry, whom Jefferson in a private letter calls a vir- TIIK I'NIVKKSITY Hl'lXKTINS ;i!4(), \v;is iiuliiiti.iiil ;it Ikt tiwitiiU'iU. SIk' was joined 1)\ M;i(l;iiiu' Yniid ;itin society. ^\n explanation ol the American usati"e of e(iualitv was made, but it was not snccesstiil in i)roducinj^ peace anioni;- tlie ladies. Jeffi-rson praises Merry but adds "ir his wile perseveres she nuist eat her soup at home, and we shall endeavor to draw him into society as it' she did not exist ." JelTerson's disrentemptuously denounced by the Federalists. Conipl roller Dnzuil to Morou. Comptroller's otliceF K.. 1S(I4 Dear Sir Having" bei'U informed, tliat you have received a letter from Mr. Steele relative to the 'Khode Island petitions, which have been referred to me by the house y 1S()4 Sir Herewith von will receive the copy of two notes; If I erred in letting the present Comptroller read vour letter, you will pardon it I am sure, either Mr. Galla- tin or some member of the house to whom I i-om- municated the contents or permitted to read it, must have informed him of it, I confess to you mv anxietv on the subject of tiie RhoJe Island petitions, would not permit me to delay sending your letter as requested; On the committee of commerce & manufactures it cer- tainly had an effect, because they had before the re- ception of it reported in favor of some of them, I believe the securities; afterwards it recommitted to the same Committee, because it was stateil, there was more testimony to ))e laid before the committee, iind after retaining them a considerable tinie. The Com- mittee asked to be discharged, & to have the petitions referred to the Comptroller, both motions ob- tained, I have not hearil, whether the com[)lrol]er has decided on them, The reference to the Comptroller, is rather a new proceeding in Congress, The general practice having- been, not to refer subjects on which a Committee had acted to any department The Supreme Court lunderstand havedccid-^'d in fa- vor of the sugar refiners. This question was brought before th(^ Court bv an appeal, from a circuit court, which decided against the refiners I know of nothing else either legislative, executive, or Judical worth telling, nor even the substance of ■)4 THE UNIVERSITY BULLETINS the Icstinumy whicii lius been collcciod aj^ainsl Judge Cluise. 1 uin Sir iriilv vrs Nathal Shuon ((ienl- John Steele Salisbury No Carolina ) NOT!';. ' By the courtesy of Hon. K. J. Tracewell, the present Ceace) unconnected with any (juestion con- cerning tile right of soil wd. ])roduce very gre.it em- barassinents: — a decision of both agt. us would be at- tended with the most serious ct)nse(juences. I tliink I have hearil some vears ago, that a similar 'ques tion was decided in the courts of \'irginia in r latioii JAMES SPRUNT HISTORICAI^ MONOGRAPHS 57 to the title and claims of one of the Proprietors there perhaps Lord Fairfax, and that our presiding- Judg^e first as Counsel on the part of Lord F. and after- wards in virtue of a/6i/;// interest was concerned and had the principal manag^enient of the cause, I am not sufficiently informed to say whether there is any anlaog-y in tlie cases, and if there be, whether the de- cisions in Virginia were of a nature to increase or diminish our apprehensions. It is probable your neig'hbor = Judge Hall understands this subject fully. Perhaps it has been considered at the seat of Govt. Be so g-ood as to favor me with your ideas, and in- formation upon it. — I have lately seen, and not till lately the pam- phlet of Aristides, ^ in vindication of Mr. Burr. It indicates a deg'ree of rancorous irritation among* men in the State of New York of which I had supposed the american character was not yet susceptible. It is indeed to be lamented, that instead of union and affection we slid, discover in any part of our country such evident symptoms of deep rooted animosity and distraction. Contemplating- scenes of civil discord the great and good Jos. Addison migdit well exclaim "Gods what havock doth ambition make among- your works." Yours sincerely, Adieu Jno. Steele Nathaniel Macon Esqr. Let me know if you please to what part of the country Mr. Orr has removed from the City of Washing-ton. T wish to write to him but do not know by what mail. J.S. Civilians are not better ag-reed on any point in the whole science of Govt, than that party spirit is the evil g-enius of republicks and that the dang-ers to be apprehended from its excess are in exact proportion to tlie deg-ree of freedom enjoyed within, and the re- moteness of hostility from without. This considera- tion alone shd. induce virtuons men in hig-h public stations who derive thence an increased portion of iniluence in society to endeavor not vainly to depre- cate its existence, for in the nature of free g-overu- 58 THE UNIVERSITY BITLLETINS iiK-nts il caiinol !)».• prcvL'titoil; Imt Ijv the intukalion of wise, just, and patriclic MUHxims ot adiiiinistra- lions l(» iinxloralc its elTccls, which is all that is at- tainable t>r peril ai)s even desirable. A cooling- reg- imen is best calculated to preserve unimpaired the health and vit^or of the american body politic, and to li'ive proper emplovment and direction to its in- tellectual powers. With respect to the Southern States 1 am sure this treatment is necessary- and woulil prove salutxirv. Those who recommend a difft. ct>urse are weak passionate or ambitious men; Slime of them sincere ])erhaps in their opinions, but certainly not jjrofoundly skilled in the leadins^" prin- cijiles of civil society, the nature of man, and llie coiillictin*;;- interests of our country j^eographicall v considered. NOTES. ■ See note to letter of 2b February, 1804. 'The Su])reme Court, in Marbury vs Madison, held that while it had not original jurisdiction it did have appellate jurisdiction. Marburv however did not brin^- suit in llu lower court, probably because he hud only a live year term. and so much time would elapse before he could L;et a decree, the g"ain would not justify the expense. 'Rarl Granville alone of the r><)' N. He sold many tracts reserving; (juit-retits. The test suit brought by his heirs against \Vm. R. Davie anil Josiah Collins was tried in Kaleigh l)efore tlu circuit court of the United States, Judge Henry Potter pre- siding. Chief Justice Marshal declined sitting because of his connection with similar claims before going- on the bench The jury decided against the plaintiffs and they api)ealed t( the Supreme Court of the Uniteil Stales. The appeal wa^ not prosecuted. (Ireat Hritian had accepted three millions ol dollars in discharge of debts due her subjects, but the states. being only recommended to restore confiscated lands, nevei , JAMES SPRUNT HISTORICAL MONOCJRAPHS 59 complied. Wm. Gaston was leadinjj^ counsel for the Gran- ville heirs and Duncan Cameron for the defence. ^See note to next letter. * The pamphlet of "Aristides" was in behalf of Burr, a vicious attack on his opi)onents, the Clintons, Living-ston, Hamilton and others. The author was William Peter Van Ness. 'Judge John Hall afterwards Supreme Court Judg-e of North Carolina. Macon to Steele. Rock Spring- 2 July ]804 Sir I yesterday had the pleasure to receive yours of the 22 ultimo; and sincerely reg-ret that it is not in my power, to g"ive such an answer to your enquiry concerning- the fate of the Rhode Island petition as would please myself, before leaving Washing-ton and after I had tinished my business with the Treasury & bank, I called at the Comptrollers office with no other view, than to ascertain, whether he had finally deter- mined the case, and to enquire what that determi- nation was, provided he had made one; He was not in the Treasury department at the time: I however understood, thoug'h not officially that he had decided in favor of the prayer of the petition; on what g-round the opinion was formed I do not understand; The decision made by you, would I am sure have been con- firmed by the H. of R. and I entertain no doubt but there were some, who voted for the reference, under the belief that the decision would be confirmed by the present officer, without perhaps reflecting- much on the nature of the reference. This opinion is in some measure entertained, because the vote to refer was taken without debate, and I know that there were members, who are in the habit of speaking- who ap- proved of your decision; I also understood, that the present officer was exceeding-ly sorry that it was re- ferred I have not heard any thing- of Medeterranian af- fairs more than you have seen in the papers, Thoug-h 60 THE UNrVERSITY BULLETINS , I believe the P-woulcl williiig'ly be at peace with them as well as the rest «)f the world; provided peace would be had on fair tS: honest principles; This opinion is formed only on the g-eneral conduct of the man The case of the heirs of Lord (iratnille is not now talked much of, with us, it is i^enerally said he will not recover; and m )st, if not all seenisatislied with the opinion; I have not heard the opinion of any Law- yer or Judo^e. It was made an objection to the treaty negotiated by Mr. Jay, that it would at least induce the heirs to put up a claim and Mr. Tracey ' of Con- * necticut, then in the h )use examined the question, and declared detidedly that the heirs could never recover one foot The Fairfax claim- was purchased i as I have un- derstood, or rather as well as 1 now recollect, what I formerly heard,) about the time of the treaty, suits were broug-ht, Mr. Marshall was a partner in the pur- chase, his brother James made the contract with the English claimant, whether Mr. M. api)eared as coun- sel for the i)laintilT I do not recollect, but he certain- ly was in fact, the leading counsel, wliether he appeared at the bar or not; The State of Virginia and the purchasers of Fairfax at last coini)roinised but I do not know on wbat principle the compromise took place Patience will bring everything right in a free country, and if contrary- to my expectations the claim is supported, we must exercise the same patience, which we have done, on other great questions. The assemblv I hojie will not t(»uch or meddle witli the sul)ject at their next meeting Permit me to assure you, that the sentiments of res])ect which you liave expressed are it always have heen rt.'cii>rocated by yrs sincere! v (Ceiil. .lohii Steele " Nathl M.icon Salisbury No Carolina) NOTi;s. 'Uriah Tracy, Senator from Idiinecticul; .i la wyer; nuinliei JAMES SPRUNT HISTORICAL MONOGRAPHS (11 3f House of Representatives 1703 to \7*)(> and of the Senate 17*H»-1807. He contended (a)tliat North Carolina succeeded to Giranville's, as well as the crown lands, by the Act of Indepen- ilcnce. (b) North Carolina's claim was g"Ood by Acts of Con- fiscation, (c) That the treaties of 1783 and 17'H conferred ri<4"ht only on those who owned lands at those dates. It was reported tliat the Granville heirs had received ^^60,000 from the British treasury as compensation for their losses. ' Thomas, Lord Fairfax, of Greenwa}- Court, in the Noth- 2rn Neck, between the Potomac and the Rappahannock. He owned over 5,000,000 acres of Virg-inia lands. He died in 1781 devising- part of his estate to his nephew Denny, afterwards Lord Fairfax, a resident of England. Messrs. Marshall, Col- ston and Lee bought the interest of this nephew. After liti- gation, John Marshall, attorney, also one of the purchasers, in 17VX) made a compromise with the state, which was carried into effect by an Act of the Assembly. The devisee of Lord Fairfax, and their assig-nees relinquished all claims to those Fairfax lands, "which were waste and unappropriated at the time of the death of the elder Lord Fairfax, and the state of Virg-inia relinquished all claims to lands specifically appro- priated by the said Lord Fairfj x to his own use, either by deed or actual survey." The act was passed "on the petition of sundry inhabitants of the counties of Hampshire, Hardy and Shenandoah." Macon to Steele. Washington 12 Deer. 1804 Sir This place has during the present session been one continued calm, no political event has hitherto produced any warmth on either side, nor is there yet a motion made, wliich will chang'e this happy state of affairs, but a report which must be made on the petition of those generally denominated yazoo men, will probably destroy the quiet of the session, this opinion is formed rather from former debates, than any thing that 1 have heard since coming here; Not- ti'i Till'-. I'MVKUSITY mi-MCTINS wil lisl. Hilling tliis tciii|MM ;i ti sliilrnl ilir luuisc. tin- itiltTidiirsr lu'lwfi II HkitiiI (lilliiciit |H.litits, isind more rrc(|iu'iit tli.iii loiiiU'rU; 'Plu- lilv is mil nmiiii>iil V dull, mid Imusi's iiurcisi' liisk-r tli;iii iiili,il)il;iiils ;i lew lU'w oiU's jiii' liiii Id iii^', wliik' soiiic III (iinsc ;ilr.Md\ liiiill ;iif not iiili.ibiU-d, ( K'or^itowii li.is iiii|>i(>\ ((1 .1 liiiK- |>.iitii iil;irl V tlu- slrocls siticf yi'ii ^il\\ it . It is hclirvril li\ lliosi' wlui ])ri'l('iid to l)i' hi'st in- loniii'd, tli;i( 'Pii|Mili will sodii Ik- i(»iii|»clK'd to pi'inr; il lliis should 111- llu- liisr, ,ind tlu- JMiropiMii hi-IU'j^iT- rul powiTs Hot itil riii-^f our iiriit r.il ri<^lits, we sli;ill soon 1)1' ill ;i silu.itioii to irdin (• the t.i\ on some im- ]ioi'trd .irtit Ic, 'Phis letter will rouvHhi' \oii, tli.it tiotliilli; hut .i ii, (C.i-iil. .lohii Stri'li- S;ilishu!\ No ( \ndliii;i) No'l'KS. ' 111 I7'*.i loin liiiid V oiM|i;i!liis, ii\' hrihrrv as was lu'licvrd, oht.iiiiiil lidiii the ( ieiiiiM I .issciiiiiU o| ( Ii'orj^ia f^raii Is lof .ihout .v-.,i»ii(l,(iiii» ;i. Ids. alioiil hall ol Ihr lerrilory hotwcrii t he ( leoiM ia liiir .iiid the M ississi ppi ii\i-f. lor SSlK), 0(1(1 or .•ihniit mil' .111(1 .1 h.ill iiiils per aire. In 17*M> a iirw lej^isla- luii' |i.isM»l .III .III levoKiiiL; Ihi'saU', and iii.iiiv ol llir stoik- Imldris SUM vii(l( iid tluii roittraits. Main, howrxri", sold llirii rlaiiiis to [u rsoiis in New I'/ii^land .iiid elsewlieie wln) stood III llie li^llt ol iinioietlt | Ml fill .iseis. Ill I'MeKlier vs. 1 'ei iv I he Supi line ( "oil! I siist.i I Met! t heir t i I le. the I e| le.i 1 i n;^' art heillL; Ullioilstiliitiiiil.il. In 1 SdJ ( ieorj; i.i i eded the tiTritolN west ol her limits to ihe I'liiled Slates. The pureh.isers troiii llu' grantors ol I 7'i.s ,i|i|»lied to ( 'oii;^ ress to |ierliil lluir titles or v«Miipeilsale llieiii in iuoiie\ . .lulin l\'aiidoli>li opposed them lii-ri'idv and siui ei-ded in postponiiis^ .u lion tiir yiMrs hi LSI .M'on^ri'ss eoiiiproinisi'd ihe in.itlei lot S.s.odO.ddd, p.i\a- l»le ont ol the saK'sid the l.iiid in ipieslioii. .lAMKS SIMMINT 1 1 ISI't >i;i(" Al , M()NO( U{ Al'l IS (•>:{ 11 is il(»li(T;il)U- lli.il K'.iiidol |ili \v;is (K'U'.ilcd lor IliisCnii- Q;Tt'Ss li\' John \V . IO|>|)cs. /\ Mr '(iiimiissioiu'is, M .idisoii, ( !;i I- li'itin, l/(,'vi l/iiudlii, \vi I li .l;iiiics .l.uksoii, Sci'icl.irv ll.ildwiti and ( lOvrlMlor Millcd;4r, li.id iiu i iiiiiiicii(K'd ;i r(iiii|iioiiiisr. .S'AvA' lo Mitcoii . S;ilisl.iirv .hiiiv. I7lli, 1S(»S. Drill- Sir, About four vvt>(dpret ia l(.' hif^hly the (d- liees ol personal re}..;ard, and when these come, like yours, Iroiii oucol a dillt parl\ name thcv win upon the heart not as Irieiidlv atlciilioii;. iiurelv but as in- dications olCaudor and lib(ralit\' risiiij^- superior to the iJrejudices aiid passions (d the times. To the want III a suHieieiil dc^^ree ol this same spirit (d can- dor and liberality is to be a^^cribcd I ha t distance and reserve which you iiilorm me slill continue to be kept ' U]> ainoufj; llu' Members ol (N)nf.;ress 'iMiis state of thiu/^s, however we may unite in laiiieiiliufj;- its exist- ence is an evil not lo be ( un d while bolli parties be- lieve or pretend lo b( lie\c, llie laull lo be with their opponents and umI with themselves as il \irlue and vice were syiioiioiiious with p-'irty disliiu lions Those who in a party sense hare hrcii I'dlvnihsls ( lor you must iKdice here as in loriiier U lle|-s that I speak' ol thai |»arly as //(ir/iir^ hccii^ because il was in my opinion dissolved al the loiu lusioii ol the late ^x-iier- aj peace when the I'reiicli revolution terinina led, and our ])ro( lama tion ol iieiilralily (d 17').^ and the f^reat- 64 TICK rXIVKKSITY IlUrj.KTINS cr i);irt ol the measures wliieli i;-re\v out of il had tlieir elTect) charge 1-2 ol your party with maintaining- the odious doctrine of a general expulsion of all who are called Federalists from office, and the other and better because less unjust and irrational half, with the toler- ation of those who are /// but the rig-id exclusion of all who are out. This last, they say, not less than the iin.t is a departure from tlie broad and g-enerous principle avowed in the President's inaug-uration speech, which is the f)nly one that can or ought to last, and that indiscriminate exclusion for matters of opinion with reference to our disputes, is in effect not merely to "call by different names brethren of the same principle" but to treat one class of brethren worse than Aliens. Although the Federal ])arty in the sense which I have supposed the proper one may be dissolved, the individuals continue, and nothwith- standing- the sul)mission of many of them to the will of the majority in changing the Administration, their explicit approbation of some of the acts of (rovern- ment since (particularly the acquisition of Lousiana and the measures adopted for the reduction of the Funded debts) an entire cordiality in their intercourse with your party, either in or out of Congress, is not in the nature of things to be expected, while tlieir ///- di$cri))ii)iatc exclusion is either openly vindicated, or tacitly adhered to as a maxim of admiiiistration. It would well become a man of your independence and in- fluence to inculcate the injustice and narrowness of such a sentiment, and that being, though in a less violent degree than expulsion, a species of political persecution you may easily show that it cannot stand a temperate and enlightened examination. Another reason will of course occur to you. that from the tend- ency of elections in some of the States it must have become manifest of late to the good men of your par- ty, that in soutiiern sections at least the}' have more to api)rehend from another (piarter than from the Fed- eralists, and that however complete your party tri- umphs may seem to be, they cannot have beneficial and permanent effects, unless you guard agt. the arh and violent eoiniseh of your li.vrlitsioi/ists. Had Majr Franklin' understood this subject better, had he turned his eyes in time to the (juarter whence real op- JAMES SPRUNT HISTORICAL MONOGRAPHS (55 position came, he mig-ht perhaps been continued six yrs. long-er! ! ! Here ni}' friend, let 3-our ov/n reflec- tions supply the rest. What I have sug-gested has at least the merit of being- disinterested, and proceeds from that unreserved confidence which has character- ized all my intercourse with you: — an intercourse l)e- g-un when opinions were free, long- before political differences were sharpened into animosity, and sus- tained without interruption throug-h the most viru- , lent seasons of it. Not having- seen a newspaper for some weeks, ow- ing- to the detention of four mails I am as ignorant of what is g"oing- on at Washing-ton since the date of your letter as the man in the Moon. These privations which only disappoint my curiosity a little are not however without their advantag-e, for they leave my mind more unoccupied and better fitted to pursue a course of reading which keeps me employed with the hope of becoming- a more intellig'ent and useful mem- ber of society. In this pursuit I have moved on for two years past with g-reater assiduit}' and success than in any other equal period of my life; a g-ood arrang-e- ment of ni}- little estate leaving- me but few cares or interruptions except such as proceed occasionally from the want of health in my family, and these visits which are only autumnal I shall endeavour to pre- vent after another year by a temporary residence an- nually at the Botetourt sp^ing-s^ or some other civil- ized place where I can keep m}- wife and children well. Twenty acres of cotton more than m}' overseer at Lethe is preparing- to plant for the next crop will en- able me to do this, and then ( - my own health being- already quite robust) I shall be as happy as peace of rnind, and good will to all the sons of Adam can make me. Of this long-, and the misanthrope would per- haps sa}' shabby list, there is not one who would serve you with more pleasure or who is with g-reater sincerity and truth your friend than the one who now wishes you an happy new yr. and many of them, full of honor and uninterrupted satisfaction Adieu Jno. Steele. Nathaniel Macon Esqr. House of Representatives ()<■> THE UNIVKKSITY BtTLLKTINS It will require some p^reatness of mind on both sides to search dispassionately for the causes of this, and still more perhaps to apply a rational and well timed remed)'. There are times when passions are necessary hut such are not the present. Your best Doctors and Dr. Macon amonsj^ the rest, I have no doubt recommend a coolinj^ rcg^imen as the best means of abating- that fever which has brouy James Turner. 'In tlu- mountains ol \'iryinia. M(irov to Steele. Washinnlon !'• Jan v. 1805 Sir This Session ol Conj^'^ress has not hitherto jiroduced a fact, word) writini,-- which mav not be seen in ever}' JAMES SPRUNT HISTORICAL MONOGRAPHS 67 news paper in the U. S. It is possible I may have told you this once before; The debates have g^ener- all}' been conducted with moderation & temper not- withstanding- there has been a subject or two, which in their nature must have very much inteiested the feelingfs of many; of this kind is the present trade to St- Doming-o; which is chiefly carried on by armed vessels, without authority for arming-, and mostly it is believed in articles contraband of war; The armed vessels as well as their warlike carg-oes arc under- stood to be sold in the Island at very high prices; This kind of trade must I conceive produce the same sensations, in the European governments, who have colonies in the West Indies, as it will produce in the states whose population is not all of the same condi- tion and color; The Government of France', which has not yielded the idea of conquering the Island, and reducing the inhabitants to the situntion they were in before the revolution; may view this merchantile project, in rather a more strong light, than the other European Nations; A bill to reg-ulate the arming- of merchant vessels has passed the H. of R. and is now before the Senate, The bill is scarcely strong enough I fear, to produce the desired effect, when the great profit of the trade is considered To restrain if possible, by law the violation of our neutrality and our neutral rights in our waters, will be a subject of some difficulty, the opinions which have been expressed on this point are various indeed, no decisive vote has yet been taken by which an opinion may be formed, as to the result, The British Government are I am informed deter- mined to enforce their navigation law% This will probably if rightly carried into execution, give some uneasiness to our Merchants & navigators, and may possibly during the present session g-ive rise to a motion or two if nothing else; This determination will doubtless produce in the U. S. many projects to countervail, almost every politician will have a plan, and each of them will fancy his own quite certain to produce the desired effect; Whenever a step shall be taken on this ground, must be examined in the most deliberate manner; it effects may come to every man (58 TIIK UNIVUKSITY IUr,I,KTrNS ;il lioim-. It will ;ils(> ]tr(>(lucc ;is scri(Hisc<)nsc(|iU'iut's 1(1 the i»c(»i)lo (il l>ril;iin. I li;ivo not lu-ard, who the new ■ rillorvKv j^ciK'ial is to he; heloro this yovi have seen thai Mr. Iyinc»»ln has resigned — It is reported, that there is some dif- ficulty in iiettini": one to accept We have a very severe and very dull winter in the city- I am Sir yrs truly Natlil Macon ((Jeneral John Steele Salisi)urv No Carolina) NOTlvS. ' Tlie eastern part of Santo Domingo mider the Spaniards was not affected l>y the rehellion in llie western part 17'M- '*)7. In 17')5 S])ain ceded its rij^hts in the island to l'"'raiue. In ISOl Toussaint Louverture ruled the island. In lS(t2 the Krench occui>ied it, l)Ut were driven out <»f the western part, retaining- their hold in theeastern until ISd*). when the ICnj^- lish captured Santo Domingo and Samana and i.;ave ^Ihem to her ally Spain. The chief ol»ject ci the na\i^' ition. law at this time was t<> prevent Atni-ricans :ind other nenlrals from larryinji- blench anreckinri(i<4;-e, yratidfalher of vice-IVesident Jnhn C Ureckin- rid>4i-; Senator from Kentucky 1S(I4-'(I5. Caesar A. Rodnev, of Helaware, was successor to I JreckiiiridL^e. who di(.'d iu Decemher, ISOi,. M It r 1)11 /i> S/rr/r. Wash in;.,"- ton .> March 1S(I5 Sir I have ri'ceivt (1 vour li-tter and owe vou answer. JAMES SPRUNT HISTORICAL MONOGRAPHS 6i) which I have not before g^iven; can only now say what you- know, that the session is ahnost at an end, and that I am truly Yrs. Nat hi Macon Debating- a bill to add to the pension list (Genl- John Steele Salisbury No Carolina) N(JTK.S. Endorsed on this letter in Oen. Steele's hand writing- is the following-, doubtless his mode of cultivating- iiis plantation Lethe. 1SU5 ^Ch. .side- SOfotUm ^Pe« H. 4<) o-.its iBaruf. tiU wheat ^Bottom -'O corn 1S(K) " oats " wheat " cotton " (KJ corn _^1,S07 '- wheat " (iS cotton " corn " oats -1S08 " " corn " oats " wh(;at 1800 " 05 corn " (15 oats " (55 wheat " (i5 cotton Total, 2(10 acres. ' Names of his different lields. We can only gaiess that Ch. side is Chilly side and Peg II. is Peg- Hill. Barn he Id and Bottom are sufficiently plain. The list is printed in order to show the rotation of crops adopted by Genera' Steele, as well as approximately the size of his farm. As plantations in his da}^ had a generous (]uantity of woodland. I conjecture that Lethe contained 800 to 1000 acres. ^Ch. side was "turned out," or lay fallow in 1808. Macon to Steele. Washing-ton 10 Jany 1808 Sir The letter you wrote to me on the 20 -ultimo, came to liand yesterday, The contents was immediately communicated to Mr. Turner, 'who instantly answered that his ag;ent in Carolina had informed him, that his horses were engag-ed for the next season, and that if they had not, he would most willing-ly let you have one on the usual terms; I do not know where either of 70 TlIK INIVKKSITY lULLETINS the horses nuMitioned by you are to stand next sjjriny;-, nor do I know to whom either of tliem behjug-; Whi|» was hist year in Georg'ia Mr. Turner informed me that he expected the i>edi- i^Tee iSc oerformance of his horses wouhl be published in llie news papers, he has them not with him, or I wouhl send them to you He also informed me that Mai^ic would stand this season in your neij^iiborhood and that he would sell one; I was this morning- at (lenl. Bl'junt" lod«^in!4"s, where the conversation turn- edon horses, he bad in his possession several volumes of the Sporting- Magazine he turned to one, and read an account of the winners for 1806, in which Mountaineer a son of Mag^ic won 13 times that 3'ear It is I think (juitc prol)able that all the stallions of note, are engag^ed before this for the next season I am sorry that you should make any apolog-y for writing^, your letters are always «rratifing^ and accep- tal>le, & I have more spare time than usual, because my health will not permit me, to be engag^cd so zeal- ously in I)usiness as formerly What is to be the result of our disputes with foreigfu nations God onlv knows; The last account from Nor- folk is that Mr. Rose" was still on board the Frig-ate in which he arrived, It has been said that the neces- sary orders were issued for his landing- before his ar- rival, and that the}' had been repeated since, I know nothing- as to the truths of these facts, but gfive them as I have heard them; France will probably now ex- ecute her decree, ■* of the 21 Novr. -(>, ag-ainst G-Bri- tian; This if done, will be felt l)y us and will I think add to tlie difhculty of settling- our affairs with Great Britain and there seems to be difhculties enough al- ready to i)uzzle the wisest head; France & G. Britain may be compared to a Tiger iV Shark, each destroy- ing- every thing- that comes in their way, their late conduct to Denmark anil Portugal, without recurring^ to any other fact is enoug-h to establish the propriety of the above By the public prints you have discovered, that Ct>n- gress have made very liberal appropriations^ for for- tifications and gun boats, to this liberality I have no claim; the lirst seems now to be almost useless in JAMES SPRUNT HISTORIC jVL MONOGRAPHS 71 Europe, and as to the second, we oug-lit to have a lit- tle more experience before we adopt it as a system of defence, I am very much & sincerely Yrs. Nathl Mcicoii Mr. Steele. NOTES. ' Governor James Turner. See letter of September 15, 1S02. Note 1. "Thomas Blount of North Carolina. Lieut, at Eutaw, Major General of militia. Representative in Congress 17')3- '99, 18(»5 '09 and 1811-'12, died in Washing-ton City. Februa- ry 12, 1812. He was a younger brtjther of General and Senator Win. Blount. ^George Rose was British minister to the United States 1807-'08 to settle the difficulty arising from the attack on the Chesapeake by the Leopard. The President had issued a proclamation, interdicting all armed vessels of Great Britain from the waters of the United States & forbidding all supplies to and intercourse with them. Vessels in distress or bearinir dispatches were excepted. Mr. Rose under instructions re- fused to consider the question of the Chesapeake outrage un- less this proclamation should be withdrawn. The President offered to withdraw it on the same day that the reparation should Ije made. This was declined on the ground that the proclamation was offensive. Mr. Rose likev/ise objected to including- the right of searching merchant vessels for British seamen. As no agreement was reached he returned to En- land. In 1809 the affair was settled, the act of Captain Hum- phrey of the Leopard was disavowed, the men taken from the Chesapeake restored and provision for the sufferers was offered. The British minister announced that he considered the non- intercourse act of the preceding- session as placing France and England on the same footing and hence was willing to offer reparation. 72 THE UNIVEKSITY liULLETIXS 'Tlio Berlin Decree. It declared the British Isles in a state of blockade, and all British merchandise, even on neutral vessels to be lawful prize. It greatly injured the United States. In 17'>3 and 17*J4 Eng-land prohibited trade with France. November 11th, 1S()7 a sweeping- order was made prohibiting- trade Irom the United States to any Euro|)ean country under Napideon's power. lii.^ g-unboats were built. Thi)tn:is Paine was employed to defend the policy of relying- on them, lie ende-dvored to show that seventy four g-uns on seventy four vessels would do twice as much damage as seventy four g-uns on one vessel, and w(.)uld cost much less. The experiment was not successful. Maco)i to Stcc/c. Washing-ton 20 Feby 1809 Sir I have received the letter which you wrote io me on the 29 Ultimo, our affairs are still as perplexed as ever, what course Congress may take during- the ses- sion, relative tt) our foreig'U affairs is yet doubtful in my oi)inion l)y this mail I send you a message of the Presi- dent, which is a valuable collection of the wrong-s that bellig'erents have inflicted on neutrals I am much & sincerely Yrs. Nathl Macon (denl. John Steele Salisbury No Carolina) Macon to }'aiircy. iiuek Spring ' 2tt June 1S2(» Sir I have received your letter of the 2 instanl. and thank you for the trouble about tlie linnen, if you should get it, it will answer for anotlur year, but as it is now too late for this; trt)uble yourself no more about it, if however you have g;ot it. send as beft)re re( pies ted - JAMES SPRUNT HISTORICAL MONOGRAPHS 73 As I never did tior never sliall sliylioi;-, J only know, what was to be seen or lieard about it at the last session, much was done and more openly about the Missouri compromise than I ever witnessed be- fore; I have no doubt, it would not have taken place, had not the administration, and the supposed leaders of those opposed to it, declared in favor of it, after Storrs' ^ motion had been rejected; which would have g-iven two dei^rees more to the people of the south; The history of the transaction is too long" for a let- ter: of the great men at Washing-ton, Crawford •* I think rather st^mds highest, though he not so high as he has done; Monroe has no opposition in Con- g-ress, nor has he much real support, it is a sort of calm, all looking beyond him; Adams has a few warm supporters, a part of them from local considerations, and others for his violent defence ^ of the attack of the Spanish forts in Florida; Calhoun stands well with the military; the manufacturers not so well as formerly, though well enough, and with those for in- ternal improvements very hig-h Clay stands high with the two last mentioned, what his plans are I know not, had Tomkins^ have been elected Governor, he would no doubt have been. a candidate or rather run for the Vice President, I should not be surprised, if he attends the next session of Congress I have no desire for any place & shall attend the next session of Congress, because the Missouri ques- tion, may return on the admission of the state to the union; If Holmes ' & Hill should be elected Sena- tors from Maine, they will strengthen the Senate on the question, which is now believed to be strong- enough for the admission, but may weaken the H. of R. I sincerely hope you may call here on your way to Halifax, I am very desirous to see 3'ou; The last was the most disagreeable session I ever attended, thoug-h I have seen some more hot & boisterous R. King® has I think lost ground, with his party; Pinkney"^ & Smith' '' replies to him on the Missouri bill, lessened his reputation as a statesman and pub- lic speaker, or rather his own speech done it: Re- member me in rig-ht down g-ood will to your wife & 74 TUE UNIVERSITY BULLETINS children I slumld be truly j^lad to see tlieiu believe me vour Irieiid Natlil Macon (Mr. liartlett Yancey Caswell C. H. No Carolina) NOTES. ' Mr. Macon's Plantation iionie. "Often useil by Mr. Macon. 'Pile word is undoul)ted!y met- aphorical, taken from "beating" the woods" for shy, or run- away ho<^s. 'Henry R. Storrs, of Connecticut; settled in New Y(irk. Representative in Con^^ress, ]817-'21 and 1823 '31. His mo- tion was that slavery west of tli'.- Mississippi should l)e inter- dicted in the territory north of thirty eij^-ht deg"rees. * William Harris Crawford, of (^eorj^ia. His paralytic ' stroke was not until the summer of liS23. He never recovered his vig-or of mind and body thoug'h he lonj^r clun^- to the hope of being- President. He was Secretary of War 1815 to 181(). and Secretary of the Treasury ^S\U to 1825. ■^ The seizure b}' General Jackson of the posts of St. Marks and Pensacola, and the fortress of liarancas, on the ground that the Spaniards harbored hostile Indians and instigatod invasions of the United States. John Ouincy Adams, wa^ Secretary of State. The House of Rei)resentatives sustained Jackson by 91 to <)5. Calhoun the Secretary of War, disap- proved Jackson's course. After several years, Jackson learned this from Crawford and became hostile to Callu)un. ''Daniel I). Tompkins, of New York. Vice President froiu 1817 to his death in 1825; (iovernor during" the war of 1812. 'John Holmes, Senator from Maine, 182<> to 1827, and 1829- '33. Mark !>. Hill was a Representative from .Maine, 1821-'23. John Chandler was the t)ther Senator from Maine, 1820-'2'' Maine was admitted into the Union April 15th. 182<». ' Rufus King; Dorn in Massachusetts; Delegate to the Con- JAMES SPRUNT HISTORICAL MONOGRAPHS 75 tiiicntal ConyTcss, 17S4-\S(), and to the National Constitu- tional Convention, 1787; Kemoved to New York City, 1788; United States Senator, 178') ''iO, and 1813-'25; Minister to Great Britain, 1796 1803, and ag-ain 1825-'26. ''William Pinkney, of Maryland. One of the Commis- sioners under Jay's Treaty. Minister to Great Britain, 1706- '11; Attorney General of United States, 1811-'14; Represen- tative in Congress, 1816; Minister to the two Sicilies, then to Russia, 1816-18; United States Senator, 1820, to his death in 1822. After his speech in reply to King-, the latter shook his hand and said, "Sir, you have acquitted yourself to-day as a scholar, a statesman, and a gfentleman." '"William Smith, of South Carolina, was Senator, 18l7-'23, and 1826-'31; twice refused appointment as Justice of the Supreme Court of the United States; Removed to Alal>ama in 1833; was opposed to nullification. Macon to Bartlctt }'anccy.^ Washing-ton 29 Jany 1824 Sir It was said of old, that one good turn deserves an- other; They may not be of equal value; thoug-h the desire of each may be equally friendly; The opin- ions of the court of Kentucky,- & your reasons for a new trial, have been received, for which accept my thanks: A Juryman is not allowed to be a Judg-e of law, but only of facts, unless in criminal prosecu- tions; hence it is not fit for me, even to attempt to decide between such mig-hty law characters; It may however be allowed to observe that in trials, of the very g-reatest importance; if the shadow of doubt exist in the mind of the Court a new trial oug'ht to be g-ranted; nay where the interest of a whole society may be at stake, it might be worthy of a Court, to g-rant a new trial, to convince the most interested; that his case, was not decided without a patient & vigilant investigation The constitution of the U. S. oug-ht to be executed, as it was explained by its friends in the state conven- 7fi THE UNIVERSITY BULLETINS lions whicli iidoplrd it; The siitiK- remark will ap- ply to the amondinonts which have been made to it, to take by construLtion or implication more power, tlian was claimed by them; seems to savour of de- ception, nay almost of a fraud on the people; One reason for atloptinij;" it, was to j^ct clear of pai)er money & to have but one currency in the nation; Un- fortunately however power has been assumed to es- tablish banks & they issue a paper currency, which is not of the same value, in the same state; Credit is the effect of propert}^ or yood character; unless the morals be perfectly sure, it often shakes both; neg'o- tiable paper of all sorts; results from Credit & that from want of money, which is rendered more scarce bv the use of credit; which was intended to supply the want; Every kind of neg'otiable paper adds to the evil & increases the tendency to render money more Scarce I fear these observations are too old fashioneil for vou, though they were once, in g-ood repute with the old republicans: as they are out of fashion, they are only intended for your own eyes, & not for those of any other ])erson; That happiness & pros])erily may attend you, it all that are near and dear is the sin- cere wish of yr. friend Nathl Macon Add that the currency of banks is alien, in states which did not establish them, & that all debtors are liable for hard money: Indeed the branch 1)anks of the U. S. are almost alien to each other iV to the mother bank NM NOTKS. ' llartlett Yancev was a lawver, and on«' of the most inllu- ential men of his dav in Norlii Carolina, lie was .1 K'ejtre- sentative in Compress, ISl.^ '17; Speaker of the State Senate, lS]7-'28. He declined the mission to IVru, tendered by Adams. Mr. Macon ]>robably speaks of IJriscoe vs. liaiik ot Ken- tucky, 11 Peters, 257, which decided that the bills "h the state is sole stock holder and ajrrees to pay the l)ills in case of failure b}' the bank. Macon lo Vanccy. Washing-ton 7 Feby 1824 Sir If you are not at home, when this letter g-ets to Caswell-C-H-; It may stay in the office; or Mrs. Yan- cey may take it, open it ik read it, & then keep it for you It was written to a much esteemed friend, who be- fore it was sent, came here, & as I hate to write for or to no body it is transmitted to you, not that I think it any great thing, but that I had rather you had it than to I)urn it, which you may do Gales & Seaton's ' paper yesterday announced the ante caucus ' determination, & the invitation to one; Crawford ' is much mended since my last, & told me last nig-fit, that he was mending fast in every re- spect It is reported that the friends of Clay & Calhoun continue to be the most industrious; & that Clay ex- erts himself very much; I have been told that all unite ag^ainst Crawford, & against a caucus; He however I am almost certain has more than 80 friends • in Congress, perhaps near one 100 — God bless you & yours Nathl Macon (Mr. Bartlett Yancey Caswell C-H- No Carolina) NOTES. ' Joseph Gales and William W. Seaton. Their paper was the National Intellig-encer, 1807-'60. They also published the Annals of Congress, in forty two volumes. ''Mr. Macon means the anti-caucus call. His prediction was not verified. Only 66 out of 261 members of Congress 78 THE UNIVERSITY BULLETINS atterKK'd. (ViiwlOrd atid (iallatin were nominated. 'I" last C()ny;rcssi()nal Caucus was held February 14th, 1824. ''Crawford had a stroke like j^aralysis before this an< was used ayainst liis randidacy. Macon to Vanccw Washinjrton 34 Febv 1S24 Sir It is now^ l)elievcd here, & some say known, that Calhoun ' has withdrawn from the contest for the presidency; & that his friends will support Genl. Jackson; I have heard, whether truly or not, I do not know that the o-rcatest exertions are to be made, for the (General in North Carolina,' I mention this, that 3'ou mav be advised early of the doing's & ex- pectations here; I have heard that a meeting- was to take place last Saturday at Warrenton to nominate the General; when I left home a great majority in the county ap- peared to be for Crawford, & I imag'ine are yet so; a meeting for the same purpose, was to take place in Hillsborough, the day not recollected God bless you & 3'ours Nat hi Macon (Mr. IJartlett Yancey Caswell C- H- No Carolina) NOTES. I 'Calhoun did witlidraw and was nominated for the Vii Presidency. 'North Carolina cast her 15 electoral votes for Jackson an Calhoun. In the House of Kejircsentativc-s a majority of \\y members cast the vote of the State for Crawford. Macon to I'anccy. Washingtcm .^l-March 1H24 Sir Since my last not much if any change is understood JAMES SPRUNT HISTORICAL MONOGRAPHS 79 to have taken place, in relation to the presidential election; Gcnl. Smith ' of Maryland told me yesterday, that he believed Crawford was g-aining- in that state. Some of the New Kngland members, also say he is in their opinion gaining- there: But reports are in cir- culation that he is losing in our native N-C- Did you only know the Pennsylvania member" who is consid- ered the best advised about public opinion in N. C. you would be surprised, if not mortified What will be the vote of the Senate on the tariffs bill & that for internal improvement by federal gov- ernment not known, a near one is expected I wish, that I could see you & )^our family; In the present unsettled state of the politics of the country, it is desirable that the republicahs should be always at their post; power once lost is not easily regained, & republicanism must be preserved in the states, or it cannot prevail in the federal Government. The opinions of the states will be carried to Washington, and that of the people ought to give the tone to both governments I never was more tired of a session than this, & am growing- old faster than is wished; it is the course of nature, to which all must submit; I cannot speak a half hour without being hoarse Crawford was mending he told me, on last friday very fast; Mrs. Miller" continues to look well & is as lively as you ever saw her, always enquires after you; That God may preserve you & your family in health & happiness is the sincere wish of your old friend- Nathl Macon (Mr Bartlett Yancey Caswell C-H- No Carolina) NOTES. Samuel Smith, of Maryland, in the House and Senate 1793 1822 and Senator again 1833-'35. I can only guess that it was Daniel H. Miller. Passed the Senate and became a law. That for Internal provements was also passed. Probably the wife of Daniel H. Miller, Congressman from nnsylvania. 80 TIIK UMVKKSITY lUTJ.RTINS Maro)/ to }'(i)ircy. Washing-ton U May 1S24 Sir Since Ihc rccci[)t ot your last letter notliin<^- has oc- curred worth notice, more than you will have seen in the news papers: wlien Congress will adjourn (lod only knows, perhaps in this month It is very probable, that N. Carolina will be the place of gre.'it electioneering- this year and that some wht) do not now live in the state will either take it in their way home, or visit it for the purpose of advisinjj;- the f^ood people of the state for whom to vote for President iSc Vice President; those expected to visit for the purpose, arc the friends of Jackson I mention this that you may be advised of my opinion in dui' time; it is supposed that King- ' & Aloor"" of Alabama & Eaton ^ of Tennessee will take the route, it is the nearest way for King, but for the others 1 do not inia«j-inc it is. As this is only oi)inion, it is inlended for yourself alone. The tariffs will I tear pass, it (lei)en(is on two men in the Senate both from New I'^ngland, who will linally I suspect vi)te for it, provided they can g-et a few alterations to suit them I never was so tired of being here; n in the Treasury, beyond the demands on it, it it is possible other circum- stances may aid to j^rt^.t impro])er claims throus^h; money not wanted ftir immediate use, had always bet- ter l)e in the hands of the people: money ouj^ht nev- er to be borrowed unless certainly wanted; pe^'- JAMES SPRUNT HISTORICAL MONOGRAPHS 88 ernments arc not apt to get out of (lel)t, witness Great Britain The enclosed paper ' contains a letter Irom Capt. Porter, on which no comment will be made, if G. Britain was in tlie place of Spain, a war mi^-ht he expected The Senate '' has not acted on the bill from the H. of R. the object of which is to take possession of the mouth of Oreg'on (Columbia) river: I do not covet distant posts, the trade in the South Sea, lias been carried on ever since we were a nation; & now all at once; a post must be maintained there, and ships of the navy must be sent to protect a trade, which has been carried on, without protection, a fleet in the South Sea, another in the Mediterranean, and anotlier which is actually needed in the West Indies; do not calculate on economy, when money can be bor- rowed at less than live per centum: those who hold the public debt, never wish it paid, its value depends much, on its being- considered permanent The rulers ^ of a nation, ought not to be in debt, if a just and economical administration is desired l)y the people; whoever is much in debt can hardly be perfecth' free, he is dependent on his indebtors: and a nation in debt always has its strong arm of defense tied fast, the longest purse being the longest sword; whether in public or private life, those in debt, are generally projectors, under the hope that every new project may afford them some relief or make then? rich; & the law under which the del)ts were contract- ed, are not always the laws, by which they desire the payment to be made or enforced I have now done as I did in my last, written much more than was expected when I begun That you, & your whole family maybe well iS^ do well is the sincere wish of Your friend Nathl Macon NOTES ' Romulus Mitchell Saunders, Representative in Congress rom North Carolina, 1821-27 and 1S41-45. Judge and Attor- 84 THK^UNIVERSIT Y BULLETINS ney (Ic'iural in North Carolina; MiiiisU-r to Spain. lS4(i-'4*». Mlutthins Ci. Burton, Kojirosontativo in C()ni>;rcss ISl'i- '24, whon lie was elected (iovernor of North Carolina. Willis Alston was elected in his place and served 1S2S-,^1. He had already served lS(t3-'r>. His unsucesslul conijietitor in ISO.^ was Wni. K. Davie. 'Commodore David Porter in suppressinfj;- piracies landed an armed force in Porto Kico. The Spanish (Government pro- tested. He defended himself on the f^Tound that the Spanish authorities weri' in complicity with the pirates and that his action was necessary. He was court-martialed, convicted of disobedience of ordeis and susi)ended for six months. He re- sij^ned and was for awli ile in the service of Mexico. He re- turned to the United Stales and was appointetl Minister to Turkey by Jackson. *This measure was championed bv .Mr I'^lovd of \'ir^inia, whose main ari^ument was tliat it would be of advantac- come i)opulous, it could not possiblv bu incorporated into tlie Union. The vote against it in the House was 100 to (>1. The Kail Koad system has destroyed the force of these ar- {jfuments. John l-'lovd, Ke])resenlative from 1S17 lo 1S2''; (iovernorot Virj^inia ]S2'»-".^4. He was father of John iJ. Floyd, (iovern- or of Vir^-inia. IS.^o-'S.^; Secretary of War, lS57-'()0; JJrijL-a- dier (Iciural (>! the C'onfederate States. ' Probablv a thrust at Clav. who wasolten involved in debt. Onci' his di'bts wiMX' liischari^ed bv his friends. James C'. Johnslon, resses real C<»ncern at the event: since North Carolinas future imp(.)rtance begins to be known from the riches & Po|tulation, our Ministers &c will be cautious how thev recommend measures in opposition to our Will and interests. JAJVIES SPKUNT IIISTOHICAL MONOGRAPHS 87 It appears to ine indeed tliiit the xipos/nlr '' T-y in his late vote and conduct was actuated by Chagrin & resentment of them, he lost sight of the true interests of his Constituents to g-ratify such passions, he is not fit to represent Frcenieii, and should be, as I think he will be dispised by those who were before his friends, and tliereb}-^ become a proper example for future pub- lic Characters. — I am very happy our Saw Mill proprietors are like- ly to g-et a good Market for Lumber. I think it probable the disturbences in the We Indies will have an effect to keep that article in demand. — The subject of the Cession " of our Western Lands at the late Treaty with the Cherokee Indians, is most undoubtedly a very important and interesting event to the Citizens of No. Carolina, and I apprehend will be a perplexing affair to Congress: The papers rela- tive to that business came enclosed to Doer. W-n '^ and are now before Congress, but as the Session is so near a close and so much business to be acted on be- fore that affair can be talcen up, that I fear no de- cision "* can be had on the svibject before we rise, however every attention sliall be paid it. — The Mem- morials of the No Carolina Merchants '= have been read and referred to ihe Committee of the Whole House but has not yet been taken ui>; every person confesses the peculi;ir hardship of their Situation, but seem to think that Congress have not the power of redressing the grievance, I have myself long con- ceived the Citizens of our Country under these Cir- cumstances in a very deplorable situation. It was generally believed when Mr Hammond first came to America that some Negociation would be af- fected wh. might put things with respect to the Treaty, & Ccmimerce on a proper footing; but latterly I have heard it sug-gested that there is little proba- bility of those important events being- brought about just now, between Mr H- and our Executive- this in- formation is not from the best authority- indeed tliat would be in a measure impossible to be attaiiictl as the Senators are not very communicative on any mat- ters before them. — Congress'' has been engaged in a troublesome in- vestigation for some days past on a Contested Elec- 88 TUE UNIVEKSITY BULLETINS tion from Georu^ia butwccn Gencl. Wayne & Gctil. Jackson; the Election is sot aside and a New ai)point- ment must take place. The Indian operations have induced a pretty con- siderable auiji'nientation of Troops, consequently the expenses for the defense of the frontier is g^reatly increased more funds for this end than the Surplus in our Coffers it seems will be necessary — I sup])osea Loan will be the plan — as a further tax would be liii^hly impolitic at this time. We expect before Uk- rise of this Session to amend the Kxcise Law by re- ducing- the tax 8 Cents, and ameliorating the other parts as respects searches &c &c &.c — As I send the papers regularly to Fayetteville to be filed at Col. Dekeysers for the inspection of the public, I beg leave to refer you to them generally for the News of Philadela. &c., and also my other friends who I hope will demand a perusal of them when ever they please; the information they contain will possi- l)ly be a little stale before they reach Fayetteville but when we get the new line of Posts estal)lished you shall hear from the Capitol in 8 days or 'J at farthest, after the 8h of Ju)ie, I hope you will encourage the publishing of a paper at our Town We can certainly Support so desirable a thing — There can be no excuse for want of News when the New Posts are fixed — I am sincerely sorry to hear Mr Huskes'^ health still continues so unfavorable, and of the many deaths about Wilmington this Winter — I would ask pardon for the length of my letter, but when I reliect that if We were only together for 15 Minutes I coultl communicate much more than it con- tains about Locks, Canals, Politics iStCtSiC. I think the ajtoligy unnecessary — Be so good as toremenil)er me to all friends — Believe uie with respect and esteem Dear Sir your fri(.iid & very lliini Sort. W. 11. Grove. Philadela. NLirch I7h 17'»2 James Hogg escj JAMES SPRUNT HISTOIUCAL MONOGRAPHS 89 NOTKS. ' The General Asscml)ly met at Newbern in 1791. ^ By the Constitution of 177G each county was entitled to one Senator and two menil>ers of the H(juse of Commons. Many eastern counties were small and some western had ten times as many voters. The irregularity was partially rem- edied in 1835. 'Of the University, chartered in 1789. The meetini"- was on the 4th of Auj^-ust, 1793, and it was then that the Board chose by ballot Cypritt's Bridg-e in Chatham county as the centre of a circle of thirty miles diameter within which the institution should be located. The Commissioners of Loca- tion, were, Frederick Harg-ett, Senator from Jones county, Alexander Mebane, of Orang-e, soon to be a Rei)resentative in Coug-ress, James Hog-g-, merchant of Fayetteville, Wm. H. Hill, a Representative in Cong-ress, David Stone, likewise a Representative in Cong-ress, and Willie Jones, of Halifax, a very influential citizen, not then in office. ■* The Convention of 1788 enjoined upon the General Assem- bly to take steps for locating- the state capital within a circle of twenty miles diameter of which Isaac Hunter's plantation in the county of Wake was the centre. This was very offen- sive to the people of the Cape Fear valley and of the reg^ions west because they desired the capital to be at Fayetteville, The Act carrying- out the ordinance was therefore displeasing- to Grove. = Equal to $10,000; for the purpose of finishing- the "Old East" Building-, the first erected. The loan was afterwards converted into a g-ift. * The Canal Company was org-anized to make the Cape Fear navig-able to the junction of the Haw and Deep rivers in the county of Chatham. A town, called Haywood, was there laid out and was expected to be a considerable commercial city. ' Contractors for the Canal Company. The locks being- of timber soon went to pieces. \n) TlIK UNITEKSITY BULLETINS •* John Hay, oininenl lawyrr ot Fayetteville. 'Sir James Maclnlosh's X'indiciae Gallicae, published in 17'»1. as an answer to IJurUe's i-lcxjuent assault on the French Revolution. It was very jtonular in America as lon,^' as the French fever lasted. '"One ot the strongest arg-unients against Hamilton's scheme of funding- the debts of the United States and of the States was that ori»»-inal holders of the certificates, had sold thcni at a great sacrifice. James Jacksor-, of Georgia, after- wards United States Senator and (iovernor, said, "Three vessels have sailed within a fortnight trom this port, freig^ht- cd for speculation; they are intended to i)urchase up the State and other securities in the hands of the uninfornud, though honest citizens of North Carolina, South Carolina and Georgia." Hamilton's plan prevailed after much oi)positioii. "James Terr}', Senator from Kichmond county, did not stand by Fayetteville in the desperate efforts of her friends to secure the location of the seat of Government at that town. He was probably inlluenced l)y General Henry \V. Harring- ton, of his county, one of the Commissioners who selected the Kaleigh site and after whom Harrington Street in Raleigh was named. '"By the treaty of Holston, large areas were given up to the Cherokees. H was ratified in 178^). liy a new treaty, that of Hopewell, in 17'>1, much land was yielded to the whites but the rest remained with the Indians. These In- dian lands were mainly in Tennessee and in Georgia. '^Hugh Williamson, then member of Congress from the Edenton District. He was Professor of Mathematics, Uni- versity of Pennsylvania, 1700 '4; Surgeon General of North Carolina during the latter part of the Revolutionary war; member of the Continental Congress, 17H4~'8r>; delegate to the Constitutional Convention of 1787; Representative in Congress, 1790-'*).^; removed to New York; died May 22, 1819. He published "Observations on the Climate of America;" History t)f North Carolina, 1812; and many pajjcrs uu scien- tific and political subjects. JAMES SPKUNT HISTORICAL MONOGRAPHS 91 "• In 1783, North Carolina opened a land office to receive entries of land in the limits of wliat is now Tennessee, for the redemption of military and other certihcates. Many sur- veys were maile and j^Tants issued. By the treaty of Holston, most of the territory was yielded to the Indians, North Car- olina protesting- throuj^h her ag-ent and General Assembly. Thomas Person and many other claimants of these lands pe- titioned Congress for proj)Lr com])ensatiou, which was refused. Subsequently they were granted rigdit of preemption when- ever the Indian title should be removed. '' On the subject of sei2;ure of our ships. An order in Coun- cil of (ireat Britain had been interpreted to authorize the seizure of all neutral vessels carrying- provisions to France. This interpretation was afterwards disavowed, but not until much damag-e had been done. "' Georg-e Hammond was the first British minister to tlie United States, and Thomas Pinckney was the first from the United States to Great Britain. Hammond arrived in 17*>1 and left 1796. 'Mieneral Anthony Wayne, after the Revolutionary War, settled in Georg-ia on a ])lantation given him by that state. James Jackson was a prominent officer of the Revolution. He was a Representative in Cong-ress, 1789-91; Senator, 1793-95 and 1801-'06; and Governor of Georgia, 1798-1801. General Wayne was unseated in 1792 on account of irregu- larities in the election. In the same year he was appointed to be Commander-in-Chief of the army and conquered the Northwestern Indians. After being unseated he declined to run again and was succeeded by John Milledg-e. "* Mr. Jolm Huske, a merchant. He was son of the Private Secretary to Governor Burke, who was captured by Colonel David Fanning, with the Governor, and carried off to Wil- mington. He left numerous descendants. Grove to no<(i(. Dear Sir For want oi a Senate there could be no business 92 TUE UNIVEKSITY BULLETINS done unlill the 2i>ih Nov. when a tiuoruiii oi that Boiiy were present and enabled the Machine to pro- ceed; the day following- Ihe President laid before both Houses his communications tfc details of the state of the Union durinj^- the recess of Conjrress — I have no doubt but you have seen a co]jy of his speech or ad- dress, and the answers of both Houses thereto as they have been inserted in all the ncwspajjers, these pa- pers contain all of the news worth relatinif here, and to lliem I refer you, as the object of the present is only to inform 3'ou that I presented your letter & memorial' to all the Gentleuun from No C. a«4reeable to desire, who I doubt not will do all in their power to obtain redress for the Petitioners. The memorial it is thoug-ht should not be presented untill the Deeds Sec. are here, as tis on their authori- ty the claims are founded. I mention this to induce 3'ou to hasten them along- : dont let any of/c Letter ex- ceed 2 oz weig-ht when \'ou forward the deeds, if by post. — was there no existing Law of the State, Proc- lamation of the Crown or other Lawful! Mandate, for- bidding Individual.s or Companies of Suljjrcts from purchasing these Lands at the time of the Indians? in- formation on this, or any other subject that mav occur relative to the business may be necessary. Remember me to all m^' acquaintences about your place, and believe me to be with respect Sir Your Hum Servt. \V. ]}. (Irove Phila. 4th Uecr. 17'»4. Mr. John Hogg- left tliis on the 1st for Carolina, he will inform you, the taxes of your Latul in Ken- tuck v must be ])aid before Ai)ril, or they will be sold James Hogg- Esq. NOTlvS. ' Memorial on the subject of the Transylvania land hereto fore mentioned. The grants of North ('arolina and Virgini; .J/\JVIES SPKUNT HlSTOmCAL MONOCiKAPHS 98 were available after the extinction of the Indian title. See next letter. "John HojTiv was a cousin and a partner of James Hog-g-. (jTOVC to Hog(r. 3d Apl. 1794. Dear Sir I had bcg-an to form conjixturcs what had be- come of you, and whether our late misfortunes in Fay- etteville mig-lit not incline you to forg-et that Town Sl those be long III i^- /() if. Your oblig-ing- letter how- ever of the 6th March relieved me, and g-ave me con- solation to find you had not lost sig-ht of the interest of that unfortunate Spot, and that of its inhabitants — The Assembly leaving- us so soon was to me an unex- pected, and mortifying- circumstance, and the late Fire seem'd to add misfortune, on misfortune — but still I hope we shall not be among- the last — I hope yet to see our Town rise above its luisfortujics and its ene- mies — As I presumed before now you have seen all that has been said l^y Mr. Jefferson on the one part, and Mr. Hammond on the other Relative to inexecu- tion of the Treaty, I need say nothing- on that subject as the Correspondence & Reasoning- will wince [con- vince] any Man on which side the Reason & justice of the investigation Rests; In answer to what you ask respecting- Mr. Jeffersons disapprobation of the measures of the Executive, I am informed they did not extend to the steps taken ag-ainst Mr. Genet &c the letters on that subject were quite consonant to his own feeling-s as an American, but tis said he differed on some subjects with the other heads of Departments while the President was in Virg-inia — the Circum- stance of his moderation adds to his honor and worth onthat occation, as I have heard the Case; the 'French Privateer Little Democrat, would have been Fired on on &c had he not refused his assent, the Consequenc- es mig-ht have been attended with much evil at that time — It is a Melancholy thing- that such virtue as that man° possesses should ever be lost to this country while We stand in need of such Characters-his success- 94 THE UNITEUSITY BLT.LETIN.S or is a Com]>arc(l to him either as to Virtue, knowledge — Kopublicanism, or Rational (Liberty &) Kquality — Doiit mistake me he is no anarch}- man- no I)oma4. He had j^ained the j^ood will of all parties by his spirited action a<^ainst the insolence of Genet. He retired to his farm at Monticello and there con- tinued for three years keeping himself in touch with ])ublic men by liis pen and hospitality, 'Heretofore explained. ^ Doctor Ing"ram w'as not a put)lic man. Mr. Taylor was John Louis Taylor then a meml)er of the House of Commons, afterwards the first Chief Justice of the State of North Caro- lina. He afterwards resided in Newl)ern and then in Kaleii;li where he is buried. Grove to Jinncs. Ilo^^. Fhilaa. Jany 23d— 17'M Dear Sir On arrival here I found that Con<>^ress ha/ i,'".< viii^ht have JAMES SPRUNT HISTORICAL MONOGRAPHS 97 been zvorsc — as I take it for granted you have seen all the correspondence which passed between the Secre- tary of State, & the French Minister I need not en- ter into any detail on the imprudence and conduct of Monsier Genet — I shall only remark that very late despatches from the Executive Counsel of France ex- press regret in this misunderstanding &c and assures the President that nothing of that nature shall or can effect the friendly regards the French people have for the American nation — What has passed be- tween the Secre}' of State, & the British Minister re- specting the inexecution of the Treaty of Peace &c, I suspect you have not seen, as it has not yet got in- to the papers; the subject as handled b}' them, is in- deed /)itcrcs/nig iX- important and brings to mind past scenes & transactions of a tender & melancholy na- ture — Mr Hammond states at large the Complaints of his Court, of the Non-compliance & infractions of the Treaty on the part of America, urging the denial of Restoring the Loyalists, the continuation of con- iiscations, and above all the non payment of the Brit- ish debts & interest &c &c --to these things Mr Jefferson has replied very fully, and in a masterly manner on the part of this Countr}- proved that these charg-es are in a great degree not founded in exact- ness The documents lo prove his assertion are an- nexed; he asserts that the two first subjects, the Restoration &c, & the further confiscation, were not by the Treat}' absolute articles nor intended to be so, by the Commissioner for Negociating Peace as ap- pears by their correspondence &c on these subjects at the time, he argues that the recommendatory ar- ticles considering ()(Mi Xej^roes had l)een taken out of the Country altho remonstrances on that subject were made, that No orders ever have issued for withdrawing- his Maj- esties Troops out of our Country &c &c &c these ex- planations took place in June 1792 since which noth- ing further has passed on the subject, except that Mr. J.s rei)resentatitin was transmitted to St James shortly after its date and no answer yet made, only that Mr. Pinckney' mentions that Lord Granville^ should have said to liim he ap]»rt)vedof Mr. J.s answer to Mr. H.s letter respectinc]^ the inexecution of the Treaty, from this tis to be hoped & expected all controversies on that score will soon ha forever removed by a full i oiii- pliance of all thinj^s therein stipulated — Some late Treaties & reg-ulations entered into by Great Britain with Russia, Sardinia, & Spain alTord cause of fear and comi)laint on the part of America, particularly as reirards our commerce our Trade has already been much cramped lSc injured by these Kej^iilations which added to the Negoceation of Gt liritain cSl: Spain with the Alg'erians has inllamed the minds (»f many to a considerable deg-rec; in Septr. our minister was direct- ed immetleately to Remonstrate ag-ainst these regula- tions which anKmnt to flagrant Violation of the Laws of Nations as respects the rights of a Neutral power; he was also requested to make known on the Slh Deer, the success of this l)usiness, that it should l)e known before Congress adjourns— the Algerian 1)usinessis of a latter date and would have been the ruin of many in this Country only for the Convoy granted to 40 Amer- ican Vessels by the Hueen of Portugal, wlio it seems is displeased with the unasked friendship or interi)o- sitif)n of England and Spain in bringing about the Truce between her Majesty ik S]>ain ik these sad Pi- rates, the efTect of which would be to prevent that trade to her Dominions from America which is bene- ficial to both Nations These things among others hr.ve Ijeen the cause of a set of Resolutions being Moved in the House of Repres. proposing to lay ad- ditional Duties on thr Ma luifactures and Vessels of JAMES SPRUNT HISTORICAL MONOGRAPHS 1)9 Nations not having- Commercial Treaties with Amer- ica, particuLarlj to effect g-reat Gt. Britain so long- as she may refuse to come into commercial Reg-ulations with us upon terms of just and reasonable Reciproc- ity; many and Various are the advantag-es expected from such a system of Politics; tis said it would un- doubtedly ohl/'oc that Government to come upon terms with us, & admit us into her We. Indies &c &c- that she cannot nor will not live comfortably without our Custom as consumers, nor without our Produce most of which to them is an actual Necessary of Life, and that now is the time to insist in this way for as free a trade, as we g-rant them, by which means the Value of our produce wotild be considerably & immedeately inhanced, & that it would free us from those indig-ni- ties and shackles in future which have been litterlj' thrown on the g-rowing Commerce of our Countrv- these are some of the reasons advanced by those who's Purity of sentiments I have no rig-ht to doubt but who's Politics as respects this subject does not work conviction in my Mind I am strong-ly impressed with an idea that Politics, & Commerce should if fossihlc be kept seperate & distinct, and I can not help think- ing- it wants nothing- but a little more Refinement among- Nations who are Commercial to Make it so — If from Political Motives two powers were to engfag-e in War, I am fully of opinion it would be to the real in- terest of both parties to suifer an uninterrupted Trade — I am of opinion in this commercial subject before Cong-ress, Political feelings are to much allud- ed to — I confess myself chag-rined at the appearance of the unfriendly dispositions Manifested by Spain & Britain towards my country, yet I can not think of doing- by way of experiment to injure them, what I feel conscious might injure the Commercial and ag-ri- cultural interests of America, at least for a time; the increase of imports & Value of Exports evinces the g-ood state of our Trade to a Moderate degree, and the rapid addition of American Tonnag-e is a strong- proof of the advantag-es already g-iven to American Shipping- by our Laws, and the improvements and prog-ression of Manufactures among- ourselves is a further proof of the g-ood effects of the protecting duties on Certain Articles — Let us not be too anxious UK) TllK I'NIVKIJSITV Hri,LKTlNS Inr tlu' CidldiMi i.'i;i^N, tlK'V will all ^oiin- in i\uv time lis lo he ht)|>i.'(l;;iii(l I^ct us not suHer the Co)/.s///n//o//, of the lC;i«4"le that produces thiMii, to he iniptircd^ l>v too many stiniulatint;- applications. - Congress has several matters ol moment hefore thetn Ijut have done nothin;^ of eonse^iucnce linally — I understood the As- sembly have actually adjourned to \Vake^ not one of my friends have acquainted me how or when this was done, I really did not expect this event would have taken place so so;)n, pray inform mr how it was el- fectet tied .v that ()slen(l isn«>t lalcen — I will write Mr. Alves ne.\t post, be so •^ood as to tell him t!ie Transfers of Inler** has not come on from (ienl. Skinners otTice yet — tho it should have been here before now [James IIooo- IC^juire llillsborouj^h] JAMES SPRUNT HISTORICAL MONOGRAPHS 101 Notp:s. 'Thomas Pinckney of South Carolina; Major in Revolu- tionary War; Governor of South Carolina, l789-'*i2; Minister to Great Britain, 1792 '')4; Minister to Spain, l794-'9(); Rep- resentative in Gong^ress, 1797-1801; Major General in the War of 1812. He was the brother of Charles Cotesworth Piuckney and cousin of Charles Pinckney. ^ Wm. Lord Grenville (not Granville), the Secretary of State for Foreign Affairs, afterwards Prime Minister. ^ The Alg'erines held some American sailors as slaves. Portug'al had quarelled with Algiers and for some time kept its piratical vessels confined in the Mediterranean. The Brit- ish CtHisul at Algiers procured a truce b}' which the vessels were allowed to pass the Straits of Gibraltar, thus leaving them at liberty to prey on American Commerce. Eventually in 1805 a treaty was made under whicli one million dollars was paid fr>r the release of American captives and an annual tribute in addition. After the War of 1812 Commodore Decatur with twelve ships forced a new treaty, granting an indem- nit}', release from tribute and a promise not to make slaves of prisoners of war. Decatur then brought Tunis and Tripoli to terms. The treaties mentioned Ijy Mr. Grove between Great Britian and Russia, .Sardinia and Spain were thought to put those nations on a better footing in reg^ard to neutral rights than the United States. ^The Retaliatory Resolutions of 1790 failed. They were brought forward again in 1794 Init, it appearing that Great Britain had modified its oft'ensive order of June of the pre- ceding year, its advocates ac(iuiesced in sending a special Minister, Jolm Jay, to negotiate a treaty. 5 The General Assembly held its first meeting at Raleigh, the Seat of Government, in November, 1794. "This refers to the applicatiou of Thomas l*erson and others heretofore explainet!. ' Frederick Augustus, Duke of Y he was sent to the Netherlands in command of an expedition to act with the Prince of Saxe- Coburjj;- against France. He g-ained no honor. The army would have been ruined but for the able management t»t Aber- cromb>'. He soon threw up his command and returned to England. The Duke of Coburg, and General Clairfait, com- manders of the Allied forces, were beaten and Belgium ove-r- run. "Judge Richard Henderson, James Hogg and others bought an immense tract in what is now Kentucky and Tennessee from the Indians but the purchase was disallowed by North Carolina and Virginia. Each State however gave the com- pany 200,000 acres. This allusion is probably to deeds for portions of this land. Grove to General Steele. IMiila. April 2d 't4 Dear Steele I believe vou have lieard from uk- twice since I \\:<<\ your favor of ISth Feby, in those Letters I just ac- knowledged the rect, of yours and gave you a few lines on the sjjur of the occation without replying to the several matters contained in it; I have now set down to fulfill your request & my own inclination in giving you a full account of all lltiiii>s, so far as is consistant with the length of a letter, & a regard to your r*atience in perusing it — You alTorded me con- solation by your observation on the Kest)luts. respect- ing Commerce cScc 1 was the only Member from the State that did not from a Principle of Policy think favorably of the system, Cart of the inters, of the W'roii^-^ iii t/ial zvay, they liave urged on others — Ihit the Resolutions at i)res- ent are in a trance, and if the Motives of the mover JAMES SPRUNT HISTORICAL MONOGRAPHS 103 and some of the Advocates were to brin^ about a mis- understanding- between this Country & Gt. Britain, they arc likelv to see their Views acco))iph'shed, and perhaps like Deamons, so evil is produced, thoy are gTatif3'ed no matter from what Cause — In answer to your observation, relative to the Pamphleteer & his aid, I would not advise any man to ride a mile to Co)'- rect them, or their dastardly squibs — tho I would put a black mark on them to know them again. Shortly after my arrival here from the Assembly you & your Public Conduct was matter of conversa- tion at our Lodging- one evening, present our friend Macon, The Ho)iol. John Brown ^ of the Senate, Colo • Blount, Colo Parker, and Colo McDowall, with some New England Gentln. who live at Francis's with us, and a certain Hii(h Priest' of the Jews I believe, tho a mig-hty Dominion Man — Some of the Company by insinuations &c &c, "were induced to fear your Con- duct was disaproved of g-enerally in our State," & in your own Country in particular — that you were not fond eno\xg\\ of the Virg-s. or as I replyed you were not subservient to them — You were too intimate with Mr Hamilton, as proof lie h.id Breakfasted with you — "in short, time would show tliat the People of our State would desert you" — I need not tell you to all these things I did not liesilate to reply in pretty warm terms and to lug out the monster (:;/z'v which I consid- ered had Created these sentiments — I ended by say- ing wliat I vervly believed without any flummery, that for every Vote 3'ou had ever given, you had an honorable & honest motive, & that you were the most Popular Man in the State, and that before the then Sessn. of Assembly rose, if an oppory. offered, my declaration would be Verifyed — so that independent of my pleasure at your appointment of Major General I felt my judgment at stake. The Honol- J — e, ' '"''Cauvauied'"^ A^mi laug-h at the expression, it suits the idea I meant to convey, and you know tis ortho- dox from the Dc?ivation; he felt for the honor of his Honol. friend, & all the Honol. Military Gentl. of his District &c — I laughed, I soothed, I reasoned, I did better, I told him as he was inelligeble from the pres- ent Honol. station he was in, I did not know a man in the Division so proper in my opinion as yourself — 104 THE UNIVERSITY BULLETINS this in a dcj^rec lullcil his active soul to rest — If he had less Vanity 6i a little more understamlinj^ he wouUl be passable — all these things as vou say are a sort of Contldential seribble — To i^ive you a tolerable idea of the Worthies of Congress is uo easy job — of the New Hands however I shall try to g"ive you some impression of the aiiili- ties &c of the Speakers so far as I am Capable of judg-ing- — lets begin at the foundation, & at North Point — from N. H. Mr Sherebourne ' is a man of talents and speaks handsome, tho seldom— Massts. Mr Uexter ' a calm reasoner, rather refined for Com- mon ears, a man of good sense — Colo Lyman ' often on the floor, not very liowery nor tedious, but a little of Roger Sherman" in Cun-g — Genl. DearBorne '" an old Continental officer, Strong natural sense, and in all a pretty clever man — better lifted for the Military than a Legislator however — C-t- Mr Swiff-speaks sometimes — a good natured man, tho no Orator — Mr Tracey '" a man of humour and a strong mind, he is of considerable Weight — ^tho not verv refined in his pronunciation or Language, he is like most of his Country Men clear headed, knows what he would be at, and has a tolerable manner of expressing himself, that others may see his o:)ject — Mr Coit '* — speaks very seldom, tho in my opinion with perspicuity, & handsomely — R. L '^ — you know the old Member, & the new one does not Speak in the House — N. V. Mr Watts '" from the City is no Orator, but I believe he is a man of pretty good understanding. Mr (iil- bert '■ — Speaks correctly, tho has an iuipedeinent — N — Jersey — no new Speaker— P-a - Mr. Smiley '* a man who was very Popular in the State Assemblv. he is a gieat Demo- and taulks tolerable Well — vou know Mr Scott "^ — he is a right sensible old NLm— I) '— ,all the Oratory of that State in theSenate M Mr Smith ■' of lialtimore — a Red hot Ihiining Speaker, a good Merct. — a Warm Patriot — rather too much liri' for a Politician and a Calm Legislator — V-a- Mr Nicholas' — A good Voice iSc tolerable orator, he is loo warm & fond of anufxing wrong nioiivcs to those wJKMlilTer from him Mr. Ilairison,'' a pleasant Man and spe.tks pretty well N. C. — Oh. ;ili -ves. true- you are acijuaiiit then with the (i^iitleinan / (i/iei>e — JAMES SPKUNT HISTORICAL MONOGRAPHS 105 S. C. — Mr Hunter '■' is a man of sound judgment, and " a tolerable Speaker — G "^-Mr Carnes "' has Handsome talents lor Speaking-, but from Diffidence or other causes, he seldom says anything- — So, I have gone throug-h the Continent in Uie lower House, perhaps I have not done Gentlemen justice, but really I meant not by what I have said to iujurc one of them — Now Mr G — be so g-ood as Step up Stairs, and take a peep into the Senate Chamber — That Mighty Conclave, where it has been Surmized Majestic Majick dwealt, where the illumined minds of mortals shone so hrig-ht as to exclude the rays of light from Heaven — where it has been sug-g^ested that Dang-erous Vice sets as a Mirror on a throne, to make that hateful Monster aristocracy lose all its proud & surly Features by dressing- it in the garb of Drusilla — The Deception however is discovered, and the Lords, the Mig-hty Lords, are to be beheld as soon as accomodations can be prepared for the People, who in their Compassion must behold some of them with Pity because they may expose their Weakness in an ung-uarded hour — to be short with you the Doors of the Senate are to be open next Sessn. — when some of the Within will shew their Na/ccdness — I was prent at times during- the Discussion of Galatines Election, he has lost his seat, not having- been an Actual Citizen 9 years — tho an Inhabitant 11 years or near it, he only wanted a few months - The Genl.-^ is still that warm and Vocif- erous Orator you knew him — When below, he spoke so that those aljove, mig-ht hear, Now he wants those below to participate — Go-vr. Martin-"' was a 5///f" Advocate for opening- the Doors, and g-ained no small Credit for his perseverance, & success in his Motion — It is indeed a ver}' unpleasant thing- to be conlined in a Close room, or indeed in a ho~l-l-w L-g- '' in a Warm day — By the Lord you'l bring- me into a scrape — You ask what influence brt. Randolph in — I answer it, by saying- tis the question every one asks, and No one can tell — I think from the g-enl. opinion let what ever influence put him in, he will carry not much out I suspect — even the Virg-inians are dis- pleased at the appointment — but tis said Madison 106 THE UNIVERSITY BULLETINS would not iiccepl it — It is said Knox ^' &: Hamillou will resign — I dont boUovc it — tlio if We should have a War, I think tis i)robable Hamilton will he Comnul in Chief — He is Certainly a Man of fine talents, and altho I dislike his Politics on many subjects — I do admire his Genius — I go very seldom to Court '" and less to Madams than usual the Thciitre takes off many Ladies — & 3'ou may often make your Bow to her & Miss Custis and perhaps not see five Ladies the whole evcng-. — I suspect your remark that a Man should make his iVod on Tuesdavs to be remembered is true enoug"h — 3'ou know however the A/a//, what- ever he may think he says little on any subject— altho I think he is more relaxed in his conversation than formerly^ I assure you I felt concerned on hearing of the Death of the old Genl. " — I sincerelv wish all his family Well and am Sorry for the Girls if he had fail- ed in making- |)ri>per Provision for them— for in my opinion they are Deserving- of every thing that should make them Happy there not having Fortunes would not lessen their Worth in my Mind — and if I remem- ber Well I thought Pol-y- a remarkable line Woman — I wish then both well Married & very Happy — "Hey ho~so, she has i,'v/ // at last has she — Does Anderson become a Member of your Town? I told (ienl. Lock'*' the Widow was renewing- her age, it that I expected she would Cuptizatc him when he got home — Your apology for what you call trilles in your letter was not necessary, every thing- relative to a Mans Country & acquaintencesis interesting to him, more especially when he is from home — and such lit- tle anecdotes are to the mind, what Syllabubs, Cus- tards and ice Cream are to the Stomack after a hearty meal, they tend to assist digestion and qualify the Cruder substances, as I mean to begin a new Sheet with a New Sul>iect I must end this space with this subject — then such tritles assist, and tend, tend: tt) fill up a Sheet as I have done this, & as Boys eat bread to fill up chinks I believe Mr Macon & myself have Warned you ol the threatening^ Storm, I assure it has a dark appear- ance— Orders were privately issued from the Court of St James on the <.th Novr. to all the armed Ves- JAMES SPRUNT HISTORICAL MONO(iRAPHS 107 sels &c of his Majesty, to seize all Neutral Vessels bound to or from the French Islands and take them as Lawful prize &c— our trade to France has been knocked up b}^ a similar order in Aug-t — but it beins^ made public our Merchants & Vessels conducted ac- cordingly^ and no very great injury was done further than prex^enting us pursuing- a fair & profitable trade — remonstrance was made — and a promise in part to restore property &c however this further order of 6th Nov. was issued and put in force before our Minister at London knew any thing of the business — he wrote on 25th Nov. — when he informs us Lord Grenville expressed great respect for the Americans & their Neutral rights — that his Majesty was pleased at their prosperity and a D — n deal more such stuff — when at that very time or a few days before they had issued orders to Seize & Condemn all our Vessels which were on a fair Commerce, for the Americans were al- lowed to trade to the French Islands before the Death of the King nearly 2 years — We have received with- in a few days a taulk Delivered by Lord Dochester to the Indians, full of hints and insidious languag'e, pointed at the Und States — he tells them tis not un- likely his Master may be at War with us — &c &c. and that they shall find a Friend in the British Peo- ple either in Peace or war — that We have forfeited these Lands & Ports or words to that amount — Our Consul at St Eustatia has given us a few days ago an account officially of the Depredations & Spoilation Committed by the British Creuzers under the order of the ()th Nov. upward of 250 sail American Vessels are taken, 15U Were Condemned — and the same fate awaits them all — you must at once see the effect these things added to all other injuries produces in the pub- lic mind against that faithless Government of Gr. Britain — In Novr. last that Perfidious Court full of hope & Conscious of success, from her uncommon ex- ertions & that of the allies against France— had be- yond any Manner of Doubt formed a plan oi Ruining- the Commerce of America, and our growing Marine, of prostrating us once more at her feet where No Mercy is to be expected — and perhaps all i)owerful by her allies she meditated a Serious design of Subju- g-ating Freedom, Liberty & Republicanism, in Ainer- 108 TiTE uxivt:usity bulletins ica, that Spot where the Sacred tlatiie first appeared in modern times, and I hope it may never l)e exlin- g'uished but by a total annihilatioa of the Very Karlh itself — That such a plan and System has been Con- templatetl by Britain & her Ct)mbined Despots Ijei^fins to appear as clear as day - They thoug"ht Con(juer- in«^ France & Dividing- it would be Nothing-, While Freedom and the rights of Man in a rational sense remained triumphant in America, that spot where French Men CaugMit the Never dying flame, the ef- fects of which has Shaken Europe to its Center, and made every Tyrant Sluulder on his Throne — I say they thought reducing France to lier former Misery, would be but half the Work, they premeditated the putting the ax to the root, and that must be done in the United States — What a Scene of horror dc^es the very idea present — and what feelings do they pro- duce in an American breast — America the assylum for the oppressed and Virtuous of all the World, where even Vice itself loses its powers in a measure, because there exists little inducement to be \'^icious — Where all Men enjoy under a System of Laws e(|ual rights, & equal advantages. Where the rights and in- terests of Strangers are guarded & protected in a peculiar Manner — Where the Citizens & the Governt. in their intercourse, with other Xtitio)is, treat them with Friendship, Justice. & open Candour, Where the Subjects of iill Nations can dwell in peace & safety, pursue their several occupations, and retire with all their IClTects to their Native Country, loaded with the Wealth they acquired among us — under such circum- stances is it not wonderful, is it not Melancholy, that there should exist a Set of Men, Combined oy fell ambition — to Destroy the Peace & harmony of such a Country — Yet such has been the Case I do believe- and had not the French been so graciously successful the last Winter, I suspect American lUood, would have mingled With the t'ut throats of luirope in our own Country before Next Jaiiy — l>ut the Kcpublican French have been uncommonly l'\>rlunate in repelling their ICneinies, so much so as to g^ive a strong hoj»e Pearo iii.tv be eNpectees paper— I dont know that it Can do any harm, but on reflection I wish I hail not put my Name to it — Macon was the only one that did not si«rti ii — all our acquaintences are Well - h\'irewell my De.'ir Sir and Itt me hear from voii Adieu W. B. Grove (ienl. Steele NOTES. ' James (rillespie, of Duplin County. North Carolina; Kep- resentative in Con<;ress 17'J3-''i*), and lS03-'0n. He sui)ported the Resolution, for retaliation on Eng-land. 'John Brown; deleg^ate to the Continental Congress from the Kentucky District 17S7-\SS; Representative in Conj^-ress l78V-'92; one of the first Senators from Kentucky 17',»3-1«04. He was the last survivor of the Congfress of the Confederation. He died in 1804. Thomas Blount of North Carolina. I\\presentalive 17'».V "V) and 1805-7; ao-ain 1811-'12. He died in 1812 and is buried at Washin<4ton. He was Lieutenant in the Revolution .mfl afterwards Major-General of ISHlitia. Josiah Parker, of Virginia; Representative 178M-1801. Joseph McDowell, of North Carolina; known as of Quaker Meadows; fought at King's Mountain; opposed the ailoplion of the Federal Constitution in 1788; Representative in Con- gress, 17*).>-'95, and again 17*)7-'*>'). Some say that Dr. Joseph McDowell, of Pleasant (hardens was the Representa- tive of the latter date. ' I suggest that Albert Gallatin is here meant. ?Ie had been refused a seat in the Senate because he had not been naturalized nine years. He was not a Jew but being a for- eigner and especially odious to the Federalists by his having been concerned in the Whiskey Insurriilion and b}' his ag- JAMES SPUaNT inST()KI(!AI. MONOGRAPFIS 111 tjfrcssive ability as a leader of the opposite party, Grove may have suspected that he was of that relig"ion, which was then more unpopular than in recent years. Gallatin was a Repre- sentative from Pennsylvania, 1795-1801; Secretary of the Treasury, 1802-'14; Minister, with Clay, Adams, Bayard and Russell to neg-otiate the treaty of Ghent in 1814; Minister to France 1815-'23; Minister to Great Britain 1826-'27. Removed to New York City, where he was President of a Bank, of the New York Historical Society and the United States Ethno- logical Society. Died 184<). " I am doubful as to the identity of this g-entleman. Spruce McCoy, of Salibury was a State Judg-e at that time and "Plon J-e"( Judge) may mean him. There is no evidence that he was in Philadelphia. Matthew Locke of Salisbury was a member of Congress but was never a Judg-e. Perhaps he had been Chairman of the County Court and Grove may have given him the title sneeringly. 5 This word is an Americanism, corrupted from curvetting, i.e. prancing- around. * John Samuel Shenburne; lost a leg in the Revolutionary War; Representative l793-'97; U. S. District Judge from New Hampshire, 1804-'30. ' Samuel Dexter; a Federalist; Representative l793-'95; United States Senator l79.S-'99; Secretary of War, May 13. 1800; of the Treasury, December 31, 1800; a leading- prac- tioner before the Supreme Court of the United States. Pub- lisheda poem, "Progressof Science," and avolumeof Speeches and Pamphlets. ^William Lyniaft, Brigadier General of Militia; Re])resen- tative, l793-'97; Consul at London 1805-'ll. * Roger Sherman; a Judge in Massachusetts and then in Connecticut; delegate to the Continental Cong-ress, 1774-'84; delegate to Constitutional Convention of 1787; Representative in Cong-ress, 1789-'91; Senator, l791-'93. His high reputation will hardly be diminished by Grove's charg-e of "cunning-." *" Henry Dearborn; resident of Maine, when a part of Massa- Hi THE UNIVEKSITY BULLETINS cliuseUs; Major Gciural of Militia, 17S«); Represenlativr, 17'».V<>7; Secretary ot War, ISOl -'(>'); Senior Major General in tlK- war ol 1S12; Minister to Porlngal, lS33-'24. " Zi'plianiah Switt; Keprcsentative, 17*)3-'')7; Chief Justice of Supreme Court of Connecticut, ]8()(i-'l*); Member of the ll.irtford Convention; I'uldislud some law hooks on leg"al suh- jects. '"Uriah Tracy; Representative, 17*i3-'")(); United States Senator, 17'M,-'lS(i7. Dijd at Washing-ton, 1807. 'Uoshua Coit; Representative, 17'»3-''>S; died 17'>S at New London of Yellow^ Fever. '^The old member was Benjamin IJourne; the new, (icorg-c Leonard. "John Watts; Representative from New York City, \~'kW'>F>. "' Ezekicl Gilbert; Representative, 1793-'')7; was a lawyer at Hudson, New York; Paralyj^ed, 1S12. and was a sufferer for thirty years afterwards. '"John Smilie; Born in Ireland; Representative, 17"^^-'*»5 and 17')*M813. Died 1S13 at Washington. '"Thomas Scott; Representative, 17S<)-''Jl, and 17'J.V'J5. "^'Delaware. The Senators from this State were then Hen- ry Latimer and John Vining. ^'ining was a frefpient speaker, Latimer not at all. Probaldy Grove had in mind the distin- guished George Read, who resigned in the latter part of 17'J3. "'Samuel Smith; a Revolutionary Colonel; .Rei)resentative 1793-1803, and 181()-'22; Senator, 1803-'15, and 1822-'33; Com- manded Maryland troops in repulse of British at Baltimore, 1814; Mayor of Baltimore. "John Nicholas; Representative, l7'^3-lt>Ul; ReuKucd to Geneva, New York; Member of State Senate and County Court Judge. To be distinguished from Wilson Cary Nich- olas, delegate to the Constitutional Convention of 1787; U. S. Senator, 1800- '04; Representative, 1807-'O<», aname year. ^^Washington's levees were held every Tuesday afternoon From three to four o'ch^k precisely. The guests stood and he walked to them, saying a few words to each, bowing but not shaking hands. The levees of "Madam," or as she was usually called "Lady Washington," were on Friday evenings 8 114 THE UNIVERSITY BULLETINS from t'iii'lil to U-n, aiul usually were attended bv the fashion able of the city. She was a charmiiiii- hostess. The I'rcsi dent often attcndeil and seemed to enjoy the l)eautv an sparkle. Miss IClcanor (Nelly) Custis was the dauii^hter o John Parke Custis, son of Mrs. Washing-ton, after her father' death adopted by the General. She was very vivacious an attractive. She married Washington's nephew, Lawrenc Lewis. ''^Probably General John Smith, of Rowan, who marrie the widow of Moses Alexander of Cabarrus, the mother of (tox Nathaniel Alexander, and William, Marl< and Wallace Ale> ander, all in the Continental Line of the Kevolutionary arni\ Wallace was a Senator from Lincoln County. One of hi daughters married Archibald Henderson, and another. Wm Locke, nejihew of Judge Locke. "Matthew TvOcke; Representative, 17').^-'*7, from North Cai olina. Mr. (irove's sarcastic allusion to a new North Care lina Representative was ]>ointed at Jose]>h McDowell and no at Locke, I think. Grove to Ho go, f.th Feby 1795 Dear Sir. The enclosed sheet of our Journal will inform you what was tlie result of the Vote in Congress on the api)licatioti by Thos Person &. others for Com- pensation for Lauds in the So. We. Territory — The sul)ject took up great part of two days and I believe nothing was omitted that could be said on either side. Mr Smith S C was an able advocate, but the House seemed assured the Indian claims had never I>een fairly extinguished since the Treaty at Long Island of Holston in 1777 — which gave the Indians that part of Hendersons pvirchase lying on tlu- head waters of the Cumberland River — A projtosition is now made which seems to be gi'n- erally approved of, that a Treaty should be held with the Indians tS: their right purchased when the Pro- I)rictors ()f Land in that Country Would have their titles perfected and might occupy their Property — JA]tfES SPRUNT HISTORICAL MONOGRAPHS 115 We have had no determination on the Companies Claim, but from what was Said on the other subject I have no expectation any thinsa: ^an be done for them exclusively — We therefore Wait under a hope the Indian claims may be purchased, or at least that an attempt ma}' be made — I shall write you ag-ain on this subject — Mr Jay has entered into a Treaty with the British Govert., which We hope & believe will be favorable to this country, altho the several articles are not known — as soon as it arrives & is conlirmed by the President & Senate it will l)e published — The last accts. from the Seat of War in Europe, they were as usual Fig-hting- away like Mad men on all sides The French are still Victorious in Holland and Spain — We were induced to believe from some late accts. that a Peace was desired & concluded between the French and some of her Enemies, but this rather doul)tfull — I am In haste Your friend O HSer W B Grove [James Hogg Esq Hillsboro. No. Carolina] Grove to Hoi^g. Philaa. Jany 4th, 1797 Dear Sir You have no doubt seen the Charges ' of the French against the Government of the United States as exhibited by their Minister Mr Adct through the medium of the public prints; this unexpected event, & strange conduct of our old allies has naturally cre- ated considerable alarm & anxiety, the more as we understand they are in the West Indies executing the Decree in the most extensive latitude by seizing & condemning all American Vessels & Carg-oes with- out paying much regard to forms, or to the Ports from which, or to zvhich, they are bound — these C/icrrors are the mere i)retects thrown out to Colour their Decree, which is in open Violation of Treaty & the Laws of Nations, neither of which is regarded by 110 THE UNIVEUSITY BULLETINS them, when they stand in the Way of their present L(miiii t/cs/i^u of cutting up all commerce to British ports, disreg-a riling- the Consequences it may have on the Neutral commerce, & particularly on the (/ S. as they know our Trade is mostly with Gt Britain — Thus these two powerful rival Nations are inattentive to Justice or principle, towards others; if they can do r()scrihe(l princes. c That the United States made an insidious procl.iuiation of neutral it}'. J IJy chicaneries the courts ol the Ignited States were unjust to French privateers. i,'- The United States haulations JAMES SPRUNT ItlSTOKICAL MONOGRAPHS 119 with France, but has opposcMl them always; that it has fur- nished France all succor allowal)le to neutrals; that the United States as a sovereign, as well as by provisions of the commercial treaties with E^rance, had the right to enter into commercial treaties with Great Britain or any other nation; that no facts showing- partiality to Great Britain could be produced. If there has been g-reater promptitude to act against unlaw- ful acts of French cruisers, it was because they were more frequentl}' committed on account of the g^reater sympathy of our people with them. And when British ships of war entered our waters with their prizes, the g-overnment had no means of punishing such infractions without calling out the militia. 'In the election of 1796 Connecticut, Delaware, Massachu- setts, New Hampshire, New York, Rhode Island, Vermont, voted solid!}' for Adams. Maryland gave him 7 out of 10 votes. North Carolina 1 of 12, Pennsylvania 1 of 15, while Georg-ia, Kentucky, South Carolina and Tennessee voted solidly against him. Kentucky g-ave Burr 4 votes, Maryland 3, North Carolina 6, Pennsylvania 13, Tennessee 3, Virg^inia 1. Jefferson received 4 each from Georgia, Kentucky and Maryland, 11 from North Carolina, 14 from Pennsylvania, 8 from South Carolina, 3 from Tennessee, and 20 from Vir- g-inia. Thomas Pinckney had from Connecticut 4, Delaware 3, Maryland 4, Massachusetts 13, New Jersey 7, New York 12, North Carolina 1, Pennsylvania 2, South Carolina 8, Vermont 4, Virginia 1. There were 15 votes for Samuel Adams from Virginia, 11 for Oliver Ellsworth from Masssachusetts, New Hampshire and Rhode Island, 7 for Georg-e Clinton from Georg-ia and Virg-inia, 5 for John Jay from Connecticut, 3 for James Iredell from North Carolina, 2 for Georg-e Washing-ton from North Carolina and Virginia, 2 for John Henry from Maryland, 2 for Samuel Johnston of North Carolina from Massachusetts, and 1 for C. C. Pinckney from North Caro- lina. Thus Adams had 71 votes, Jefferson 68, Thomas Pinck- 120 THE UNIVKKSITY lU'LLF.TINS nc}- 5*) and Burr 30, anr/// ma(le at the Former Treas- ury Dcpartt.' From the temper & Views of the ma- joritv of that Committee, It was to be a]>])rehended they would sieze on every possible case to injure the feeling's it reputation of the former Adminisn. but from tlie E.xamination S: report of the Committee of the session before last, on the Treasury Departnt, I did suppose the new invest io-ator$ would find little to add, as to that branch of the Government; but in the si)irit of the times, they have wisely ^nd economically discovered, that for want of their le^nl dad savini> eoiistrnrtioii of the acts of Congress, monies have JAMES SPRUNT HISTORICAL MONOGRAPHS 121 been disbursed without an act ot appropriation, of course these monies shoukl be refunded, & they the Committee appointed as a standin»r Board of expoun- ders-!-The contempt mixed with indij^uation which the late Report excited in me caused me to think, that the Men of sense and decency of their party would condemn it; as a crude, partial. & io-norant pro- duction — & that tho' they mig-ht for political reasons, zvink at its censure; I did not presume the head of any Departmt. would sanction & adopt the report as the rule of their office — 1 am really sorry to find thi're is reason to believe it otherwise, & that the present Head of the Treasury in the case of Woodsidc is dis- posed to g-ive a new construction to the Law, so as to produce a clashing of opinion Between your Judg- ment & former decisions, and his own — If this differ- ence of ojiinion on the meanin "" f ^ ' \^ . • •• //u«r ■* ^ ■• ^^^-^^^ '• '"^ -x. ^'?e:V--,o>- '""' V. 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