that line of policy be pursued which will render the use of that element as great as possible to them. I think it a duty in those entrusted with the administration of their affairs to conform themselves to the decided choice of their constituents: and that therefore we should in every instance preserve an equality of right to them in the transportation of commodities, in the right of fishing, & in the other uses of the sea. But what will be the consequence? Frequent wars without a doubt. Their property will be violated on the sea, & in foreign ports, their persons will be insulted, imprisoned &c. for pretended debts, contracts, crimes, contraband, &c., &c. These insults must be resented, even if we had no feelings, yet to prevent their eternal repetition, or in other words, our commerce on the ocean & in other countries must be paid for by frequent war. The justest dispositions possible in ourselves will not secure us against it. It would be necessary that all other nations were just also. Justice indeed on our part will save us from those wars which would have been produced by a contrary disposition. But to prevent those produced by the wrongs of other nations? By putting ourselves in a condition to punish them. Weakness provokes insult & injury, while a condition to punish it often prevents it. This reasoning leads to the necessity of some naval force, that being the only weapon with which we can reach an enemy. think it to our interest to punish the first insult; because an insult unpunished is the parent of many

I

others. We are not at this moment in a condition to do it, but we should put ourselves into it as soon as possible. If a war with England should take place, it seems to me that the first thing necessary would be a resolution to abandon the carrying trade because we cannot protect it. Foreign nations must in that case be invited to bring us what we want & to take our productions in their own bottoms. This alone. could prevent the loss of those productions to us & the acquisition of them to our enemy. Our seamen might be employed in depredations on their trade. But how dreadfully we shall suffer on our coasts, if we have no force on the water, former experience has taught us. Indeed I look forward with horror to the very possible case of war with an European power, & think there is no protection against them but from the possession of some force on the sea. Our vicinity to their West India possessions & to the fisheries is a bridle which a small naval force on our part would hold in the mouths of the most powerful of these countries. I hope our land office will rid us of our debts, & that our first attention then will be to the beginning a naval force of some sort. This alone can countenance our people as carriers on the water, & I suppose them to be determined to continue such.

I wrote you two public letters on the 14th inst., since which I have received yours of July 13. I shall always be pleased to receive from you in a private way such communications as you might not chuse to put into a public letter.

TO DAVID HARTLEY.

J. MSS.

PARIS Sep 5, 1785.

DEAR SIR,-Your favour of Apr 15, happened to be put into my hands at the same time with a large parcel of letters from America, which contained a variety of intelligence. It was then put where I usually place my unanswered letters, & I from time. to time put off acknoleging the receipt of it till I should be able to furnish you American intelligence worth communicating. A favourable opportunity, by a courier, of writing to you occurring this morning, what has been my astonishment & chagrin on reading your letter again to find there was a case in it which required an immediate answer, but which, by the variety of matters which happened to be presented to my mind at the same time had utterly escaped my recollection. I pray you to be assured that nothing but this slip of memory would have prevented my immediate answer, & no other circumstance would have prevented it's making such an impression on my mind as that it could not have escaped. I hope you will therefore obliterate the imputation of want of respect, which under actual appearances must have arisen in your mind, but which would refer to an untrue cause the occasion of my silence. I am not sufficiently acquainted with the proceedings of the New York Assembly to say with certainty in what predicament the lands of Mr. Upton may stand. But on conferring with Colo Humphreys, who being from the neighboring state was more in the way of knowing

what passed in New York, he thinks that the descriptions in their confiscation laws were such as not to include a case of this nature. The first thing to be done by Mr. Upton is to state his case to some intelligent lawyer of the country, that he may know with certainty whether they be confiscated, or not; & if not confiscated, to know what measures are necessary for completing & securing his grant. But if confiscated, there is then no other tribunal of redress but their general assembly. If he is unacquainted there, I would advise him to apply to Colo Hamilton (who was aid to Genl. Washington) and is now very eminent at the bar, and much to be relied on. Your letter in his favor to Mr. Jay will also procure him the benefit of his council.

With respect to America I will rather give you a general view of its situation, than merely relate recent events. The impost is still unpassed by the two states of New York & Rhode Island; for the manner in which the latter has passed it does not appear to me to answer the principal object, of establishing a fund, which, by being subject to Congress alone, may give such credit to the certificates of public debt as will make them negotiable. This matter then is still suspended.

Congress have lately purchased the Indian right to nearly the whole of the land lying in the new state bounded by lake Erie, Pennsylvania & the Ohio. The northwestern corner alone is reserved to the Delawares & Wiandots. I expect a purchase is also concluded with other tribes for a considerable propor

tion of the state next to this on the north side of the Ohio. They have passed an ordinance establishing a land office, considerably improved I think on the plan of which I had the honor of giving you a copy. The lands are to be offered for sale to the highest bidder. For this purpose portions of them are to be proposed in each state, that each may have the means of purchase carried equally to their doors, & that the purchasers may be a proper mixture of the citizens from all the different states. But such lots as cannot

be sold for a dollar an acre are not to be parted with. They will receive as money the certificates of public debt. I flatter myself that this arrangement will very soon absorb the whole of these certificates, & thus rid us of our domestic debt, which is four fifths of our whole debt. Our foreign debt will then be a bagatelle.

I think it probable that Vermont will be made independant, as I am told the state of New York is likely to agree to it. Le-Maine will probably in time be also permitted to separate from Massachusetts. As yet they only begin to think of it. Whenever the people of Kentucky shall have agreed among themselves, my friends write me word that Virginia will consent to their separation. They will constitute the new state on the South side of Ohio, joining Virginia. North Carolina, by an act of their assembly, ceded to Congress all their lands Westward of the Alleghany. The people inhabiting that territory thereon declared themselves independant, called their state by the name of Franklin, & solicited Congress to be received into the Union. But before Congress