side of France; and that Holland must pay the price before she can claim the concession. His answer is, that nothing is said about compensation in the treaty; that it is expressly stated that the Dutch shall pay no higher duties than the most favored nation is, or shall be, obliged to pay. We tell him, the compensation is necessarily implied; and that a contrary interpretation would render the treaty too inconvenient to both the parties to be supposed the true one. He persists in alleging that it is the true one, that the treaty pursues the carrying policy marked by a like stipulation in every treaty where it could be introduced, and that the clause relative to compensation was intentionally omitted. He means to bring the matter before Congress, and to direct the Dutch Consul to protest against the duties in case of their being exacted. He professes and appears, notwithstanding, to be anxious for an amicable adjustment, and would have forborne to apply to Congress if we could have authorized a hope that the law would not be actually put in execution against Dutch cargoes. As it is, he means to put a copy of the note to Congress in our hands, that it may be communicated to the State. I have not yet thoroughly investigated the question. The letter of the treaty is on his side, the equity of it on ours. If his construction be admitted, the United States could not purchase the West India trade of Great Britain or France, without letting in Holland to the privileges granted on our part, although she should keep her ports in that quarter shut against us,—a consideration not only unjust towards us, but creating objections on the part of Great Britain or France. A very dismal account of Clark's proceedings in the Western country has been informally laid before Congress, and will be forwarded to your department. If the information be well founded, you will probably receive a confirmation through other channels.137 DEAR SIR, TO EDMUND RANDOLPH. New York, February 25, 1787. The Secretary's despatch will have communicated to you the Resolution of Congress giving their sanction to the proposed meeting in May next. At the date of my last, a great division of opinion prevailed on the subject, it being supposed by some of the States that the interposition of Congress was necessary to give regularity to the proceeding, and by others that a neutrality on their part was a necessary antidote for the jealousy entertained of their wishes to enlarge the powers within their own administration. The circumstance which conduced much to decide the point, was an instruction from New York to its Delegates, to move in Congress for some recommendation of a Convention. The style of the instruction makes it probable that it was the wish of this State to have a new Convention instituted, rather than the one on foot recognized. Massachusetts seemed also skittish on this point. Connecticut opposed the interposition of Congress altogether. The act of Congress is so expressed as to cover the proceedings of the States, which have already pro vided for the Convention, without any pointed recognition of them. Our situation is becoming every day more and more critical. No money comes into the Federal Treasury; no respect is paid to the Federal authority; and people of reflection unanimously agree that the existing Confederacy is tottering to its foundation. Many individuals of weight, particularly in the Eastern district, are suspected of leaning toward monarchy. Other individuals predict a partition of the States into two or more confederacies. It is pretty certain that, if some radical amendment of the single one cannot be devised and introduced, one or other of these revolutions, the latter no doubt, will take place. I hope you are bending your thoughts seriously to the great work of guarding against both,138 TO EDMUND RANDOLPH. New York, March 11, 1787. DEAR SIR, The Governor of this State is just returned from his trip to the upper parts of it. He found every thing quiet in the place to which suspicions and reports carried him. He says also, as I am told, that Lincoln has restored a calm in that part of Massachusetts which borders on New York, as he had before done in the other disaffected parts. Notwithstanding these favorable accounts, there is reason to apprehend that every thing is not yet right in Massachusetts, and that the discontents are rather silenced than subdued. The measures taken by the Legislature of that State prove that such is their view of the matter. They have disfranchized a considerable proportion of the disaffected voters; have voted a military force for the purpose of maintaining the tranquillity of the commonwealth; and their Delegates, in pursuance of instructions, have within a few days past, put on the Journals of Congress a representation including an assertion of right to Federal support in case of necessity. The appointments for the Convention are still going on. Georgia has appointed her Delegates to Congress, her Representatives in that body also. The gentleman from that State here at present are Colonel Few, and Major Pierce, formerly Aid to General Green. I am told just now, that South Carolina has appointed the two Rutledges and Major Butler. Colonel Hamilton, with a Mr. Yates and a Mr. Lansing are appointed by New York. The two latter are supposed to lean too much towards State considerations to be good members of an assembly which will only be useful in proportion to its superiority to partial views and interests. Massachusetts has also appointed. Messrs. Gorham, Dana, King, Gerry and Strong compose her deputation. The resolution under which they are appointed restrains them from acceding to any departure from the principle of the fifth Article of Confederation. It is conjectured that this fetter, which originated with their Senate, will be knocked off. Its being introduced at all, denotes a very different spirit in that quarter from what some had been led to expect. Connecticut, it is now generally believed, will come into the measure. Nothing has been yet done in the principal business before Congress; and I fear the number of States will not increase so far as to be competent to it. The negotiations with Spain are carried on, if they go on at all, entirely behind the curtain. The business has been put into such a form that it rests wholly with Jay how far he will proceed with Guardoqui, and how far he will communicate with Congress. The instructed States are hence under some embarrassment. They cannot demand information, of right; they are unwilling, by asking it of favor, to risk a refusal; and they cannot resort to the present thin Congress with any hope of success. Should Congress become pretty full, and Pennsylvania follow North Carolina, Virginia, and New Jersey, in giving instructions, the case may be altered. 139 DEAR SIR, TO THOMAS JEFFERSON. New York, March 19, 1787. Congress have continued so thin as to be incompetent to the dispatch of the more important business before them. We have at present nine States, and it is not improbable that something may now be done. The report of Mr. Jay on the mutual violations of the treaty of peace will be among the first subjects of deliberation. He favors the British claim of interest, but refers the question to the court. The amount of the report, which is an able one, is, that |