PART IV.--_Indian Addresses._--There is a number of these Addresses.

They possess a certain interest as exhibiting the humane policy of our

government towards the Indians, our efforts to civilize them, to make

them agriculturists, to keep them at peace with ourselves and with each

other, and the manner in which their lands were acquired from them, always

by purchase, with their own free consent. Some of the most important

have, therefore, been incorporated in the work.

PART I.

REPORTS AND OPINIONS WHILE SECRETARY OF STATE.

I.--_Report on the methods for obtaining Fresh Water from Salt._

The Secretary of State, to whom was referred by the House of

Representatives of the United States, the petition of Jacob Isaacs of

Newport in Rhode Island, has examined into the truth and importance of

the allegations therein set forth, and makes thereon the following report:

The petitioner sets forth, that by various experiments, with considerable

labor and expense, he has discovered a method of converting salt-water

into fresh, in the proportion of 8 parts out of 10, by a process so

simple that it may be performed on board of vessels at sea by the common

iron caboose, with small alterations, by the same fire, and in the same

time, which is used for cooking the ship's provisions, and offers to

convey to the government of the United States a faithful account of

his art or secret, to be used by, or within the United States, on their

giving to him a reward suitable to the importance of the discovery, and

in the opinion of government, adequate to his expenses and the time he

has devoted to the bringing it into effect.

In order to ascertain the merit of the petitioner's discovery, it becomes

necessary to examine the advances already made in the art of converting

salt-water into fresh.

Lord Bacon, to whom the world is indebted for the first germs of so

many branches of science, had observed, that with a heat sufficient for

distillation, salt will not rise in vapor, and that salt-water distilled

is fresh; and it would seem, that all mankind might have observed that

the earth is supplied with fresh water chiefly by exhalation from the

sea, which is, in fact, an insensible distillation effected by the heat

of the sun; yet this, although the most obvious, was not the first idea

in the essays for converting salt-water into fresh; filtration was tried

in vain, and congelation could be resorted to only in the coldest regions

and seasons. In all the earlier trials by distillation, some mixture was

thought necessary to aid the operation by a partial precipitation of the

salt, and other foreign matters contained in sea-water. Of this kind,

were the methods of Sir Richard Hawkins in the sixteenth century, of

Glauber, Hauton, and Lister, in the seventeenth, and of Hales, Appleby,

Butler, Chapman, Hoffman, and Dore, in the eighteenth; nor was there

anything in these methods worthy noting on the present occasion, except

the very simple still contrived extempore by Captain Chapman, and made

from such materials as are to be found on board every ship, great or

small; this was a common pot, with a wooded lid of the usual form; in

the centre of which a hole was bored to receive perpendicularly, a short

wooden tube made with an inch-and-a-half auger, which perpendicular

tube received at its top, and at an acute angle, another tube of wood

also, which descended until it joined a third of pewter made by rolling

up a dish and passing it obliquely through a cask of cold water; with

this simple machine he obtained two quarts of fresh water an hour, and

observed that the expense of fuel would be very trifling, if the still

was contrived to stand on the fire along with the ship's boiler.

In 1762, Doctor Lind, proposing to make experiment of several different

mixtures, first distilled rain-water, which he supposed would be the

purest, and then sea-water, without any mixture, which he expected

would be the least pure, in order to arrange between these two supposed

extremes, the degree of merit of the several ingredients he meant to

try; "to his great surprise," as he confesses, the sea-water distilled

without any mixture, was as pure as the rain-water; he pursued the

discovery and established the fact, that a pure and potable fresh water

may be obtained from salt-water by simple distillation, without the

aid of any mixture for fining or precipitating its foreign contents.

In 1767, he proposed an extempore still, which, in fact, was Chapman's,

only substituting a gun-barrel instead of Chapman's pewter tube, and the

hand-pump of the ship to be cut in two obliquely and joined again at an

acute angle, instead of Chapman's wooden tubes bored expressly; or instead

of the wooden lid and upright tube, he proposed a tea-kettle (without

its lid or handle) to be turned bottom upwards over the mouth of the

pot by way of still-head, and a wooden tube leading from the spout to a

gun-barrel passing through a cask of water, the whole luted with equal

parts of chalk and meal moistened with salt-water. With this apparatus

of a pot, tea-kettle, and gun-barrel, the Dolphin, a twenty-gun ship,

in her voyage around the world in 1768, from 56 gallons of sea-water

and with 9 lbs. of wood and 69 lbs. of pit-coal made 42 gallons of good

fresh water, at the rate of 8 gallons an hour. The Dorsetshire, in her

passage from Gibraltar to Mahon in 1769, made 19 quarts of pure water in

four hours with 10 lbs. of wood, and the Slambal in 1773, between Bombay

and Bengal, with the hand-pump, gun-barrel, and a pot of 6 gallons of

sea-water, made ten quarts of fresh water in three hours.

In 1771, Dr. Irvin putting together Lind's idea of distilling without

a mixture, Chapman's still, and Dr. Franklin's method of cooling by

evaporation, obtained a premium of five thousand pounds from the British

parliament. He wet his tube constantly with a mop instead of passing

it through a cask of water; he enlarged its bore also, in order to

give a free passage to the vapor, and thereby increase its quantity by

lessening the resistance or pressure on the evaporating surface. This

last improvement was his own; it doubtless contributed to the success

of his process; and we may suppose the enlargement of the tube to be

useful to that point at which the central parts of the vapor passing

through it would begin to escape condensation. Lord Mulgrave used his

method in his voyage towards the north pole in 1773, making from 34 to

40 gallons of fresh water a day, without any great addition of fuel, as

he says.

M. de Bougainville, in his voyage round the world, used very successfully

a still which had been contrived in 1763 by Poyssonier to guard against

the water being thrown over from the boiler into the pipe, by the

agitation of the ship. In this, one singularity was, that the furnace or

fire-box was in the middle of the boiler, so that the water surrounded

it in contact. This still, however, was expensive, and occupied much room.

Such was the advances already made in the art of obtaining fresh from

salt-water, when Mr. Isaacs, the petitioner, suggested his discovery. As

the merit of this could be ascertained by experiment only, the Secretary

of State asked the favor of Mr. Rittenhouse, President of the American

Philosophical Society, of Dr. Wistar, professor of chemistry in the

college at Philadelphia, and Dr. Hutchinson, professor of chemistry in

the University of Pennsylvania, to be present at the experiments. Mr.

Isaacs fixed the pot, a small caboose, with a tin cap and straight tube

of tin passing obliquely through a cask of cold water; he made use of a

mixture, the composition of which he did not explain, and from 24 pints

of sea-water, taken up about three miles out of the Capes of Delaware,

at flood-tide, he distilled 22 pints of fresh water in four hours with

20 lbs. of seasoned pine, which was a little wetted by having lain in

the rain.

In a second experiment of the 21st of March, performed in a furnace,

and five-gallon still at the college, from 32 pints of sea-water he

drew 31 pints of fresh water in 7 hours and 24 minutes, with 51 lbs. of

hickory, which had been cut about six months. In order to decide whether

Mr. Isaacs' mixture contributed in any and what degree to the success

of the operation, it was thought proper to repeat his experiment under

the same circumstances exactly, except the omission of the mixture.

Accordingly, on the next day, the same quantity of sea-water was put

into the same still, the same furnace was used, and fuel from the same

parcel; it yielded, as his had done, 31 pints fresh water in 11 minutes

more of time, and with 10 lbs. less of wood.

On the 24th of March, Mr. Isaacs performed a third experiment. For this,

a common iron pot of three and a half gallons was fixed in brick work,

and the fine from the hearth wound once around this pot spirally, and

then passed off up a chimney.

The cap was of tin, and a straight tin tube of about two inches diameter

passing obliquely through a barrel of water, served instead of a worm.

From sixteen pints of sea-water he drew off fifteen pints of fresh water,

in two hours fifty-five minutes, with 3 lbs. of dry hickory and 8 lbs. of

seasoned pine. This experiment was also repeated the next day, with the

same apparatus, and fuel from the same parcel; but without the mixture,

sixteen pints of sea-water yielded in like manner fifteen pints of fresh

in one minute more of time, and with ½ lb. less of wood. On the whole,

it was evident that Mr. Isaacs' mixture produced no advantage either in

the process or result of the distillation.

The distilled water in all these instances, was found on experiment to be

as pure as the best pump water of the city; its taste, indeed, was not

as agreeable, but it was not such as to produce any disgust. In fact,

we drink, in common life, in many places, and under many circumstances,

and almost always at sea, a worse tasted and probably a less wholesome

water.

The obtaining fresh from salt-water was for ages considered as an

important desideratum for the use of navigators. The process for doing

this by simple distillation is so efficacious, the erecting an extempore

still with such utensils as are found on board of every ship, is so

practicable, as to authorize the assertion that this desideratum is

satisfied to a very useful degree. But though this has been done for

upwards of thirty years, though its reality has been established by the

actual experience of several vessels which have had recourse to it,

yet neither the fact nor the process is known to the mass of seamen,

to whom it would be the most useful, and for whom it was principally

wanted. The Secretary of State is therefore of opinion that since the

subject has now been brought under observation, it should be made the

occasion of disseminating its knowledge generally and effectually among

the seafaring citizens of the United States. The following is one of the

many methods which might be proposed for doing this: Let the clearance

for every vessel sailing from the ports of the United States be printed

on a paper, in the back whereof shall be a printed account of the essays

which have been made for obtaining fresh from salt-water, mentioning

shortly those which have been unsuccessful, and more fully those which

have succeeded, describing the methods which have been found to answer

for constructing extempore stills of such implements as are generally

on board of every vessel, with a recommendation in all cases where they

shall have occasion to resort to this expedient for obtaining water,

to publish the result of their trial in some gazette on their return to

the United States, or to communicate it for publication to the office of

the Secretary of State, in order that others may, by their success, be

encouraged to make similar trials, and be benefited by any improvements

or new ideas which may occur to them in practice.

II. _Opinion on the proposition for establishing a Woollen Manufactory

in Virginia._

The House of Delegates of Virginia seemed disposed to adventure £2,500

for the encouragement of this undertaking, but the Senate did not concur.

By their returning to the subject, however, at a subsequent session, and

wishing more specific propositions, it is probable they might be induced

to concur, if they saw a certain provision that their money would not

be paid for nothing. Some unsuccessful experiments heretofore may have

suggested this caution.

Suppose the propositions brought into some such shape as this: The

undertaker is to contribute £1,000, the State £2,500, viz.: the undertaker

having laid out his £1,000 in the necessary implements to be brought

from Europe, and these being landed in Virginia as a security that he

will proceed, let the State pay for

the first necessary purposes then to occur £1,000

Let it pay him a stipend of £100 a year for the first three

years 300

Let it give him a bounty (suppose one-third) on every

yard of woollen cloth equal to good plains, which he

shall weave for five years, not exceeding £250 a year

(20,000 yards) the four first years, and £200 the fifth 1,200

------

£2,500

To every workman whom he shall import, let them give, after he shall

have worked in the manufactory five years, warrants for ---- acres of

land, and pay the expenses of survey, patents, &c. [This last article

is to meet the proposition of the undertaker. I do not like it, because

it tends to draw off the manufacturer from his trade. I should better

like a premium to him on his continuance in it; as, for instance, that

he should be free from State taxes as long as he should carry on his

trade.]

The President's intervention seems necessary till the contracts shall be

concluded. It is presumed he would not like to be embarrassed afterwards

with the details of superintendence. Suppose, in his answer to the

Governor of Virginia, he should say that the undertaker being in Europe,

more specific propositions cannot be obtained from him in time to be laid

before this assembly; that in order to secure to the State the benefits

of the establishment, and yet guard them against an unproductive grant

of money, he thinks some plan like the preceding one might be proposed

to the undertaker.

That as it is not known whether he would accept it exactly in that form,

it might disappoint the views of the State were they to prescribe that

or any other form rigorously, consequently that a discretionary power

must be given to a certain extent.

That he would willingly coöperate with their executive in effecting the

contract, and certainly would not conclude it on any terms worse for

the State than those before explained, and that the contracts being once

concluded, his distance and other occupations would oblige him to leave

the execution open to the Executive of the State.

III. _The Report on Copper Coinage, communicated to the House of

Representatives, April 15th, 1790._

April 14, 1790.

The Secretary of State, to whom was referred, by the House

of Representatives, the letter of John H. Mitchell, reciting

certain proposals for supplying the United States with copper

coinage, has had the same under consideration, according to

instructions, and begs leave to report thereon as follows:

The person who wishes to undertake the supply of a copper coinage, sets

forth, that the superiority of his apparatus and process for coining,

enables him to furnish a coinage better and cheaper than can be done by

any country or person whatever; that his dies are engraved by the first

artist in that line in Europe; that his apparatus for striking the edge

at the same blow with the faces, is new, and singularly ingenious; that

he coins by a press on a new principle, and worked by a fire-engine, more

regularly than can be done by hand; that he will deliver any quantity

of coin, of any size and device, of pure, unalloyed copper, wrapped

in paper and packed in casks, ready for shipping, for fourteen pence

sterling the pound.

The Secretary of State has before been apprized, from other sources

of information, of the great improvements made by this undertaker, in

sundry arts; he is acquainted with the artist who invented the method of

striking the edge, and both faces of the coin at one blow; he has seen

his process and coins, and sent to the former Congress some specimens of

them, with certain offers from him, before he entered into the service

of the present undertaker, (which specimens he takes the liberty of now

submitting to the inspection of the House, as proofs of the superiority

of this method of coinage, in gold and silver as well as copper.)

He is, therefore, of opinion, that the undertaker, aided by that artist,

and by his own excellent machines, is truly in a condition to furnish

coin in a state of higher perfection than has ever yet been issued

by any nation; that perfection in the engraving is among the greatest

safeguards against counterfeits, because engravers of the first class

are few, and elevated by their rank in their art, far above the base

and dangerous business of counterfeiting. That the perfection of coins

will indeed disappear, after they are for some time worn among other

pieces, and especially where the figures are rather faintly relieved,

as on those of this artist; yet, their high finishing, while new, is

not the less a guard against counterfeits, because these, if carried to

any extent, may be ushered into circulation new, also, and consequently,

may be compared with genuine coins in the same state; that, therefore,

whenever the United States shall be disposed to have a coin of their

own, it will be desirable to aim at this kind of perfection. That this

cannot be better effected, than by availing themselves, if possible,

of the services of the undertaker, and of this artist, whose excellent

methods and machines are said to have abridged, as well as perfected,

the operations of coinage. These operations, however, and their expense,

being new, and unknown here, he is unable to say whether the price

proposed be reasonable or not. He is also uncertain whether, instead of

the larger copper coin, the Legislature might not prefer a lighter one

of billon, or mixed metal, as is practised, with convenience, by several

other nations--a specimen of which kind of coinage is submitted to their

inspection.

But the propositions under consideration suppose that the work is to be

carried on in a foreign country, and that the implements are to remain

the property of the undertaker; which conditions, in his opinion, render

them inadmissible, for these reasons:

Coinage is peculiarly an attribute of sovereignty. To transfer its

exercise into another country, is to submit it to another sovereign.

Its transportation across the ocean, besides the ordinary dangers of the

sea, would expose it to acts of piracy, by the crews to whom it would

be confided, as well as by others apprized of its passage.

In time of war, it would offer to the enterprises of an enemy, what have

been emphatically called the sinews of war.

If the war were with the nation within whose territory the coinage is,

the first act of war, or reprisal, might be to arrest this operation,

with the implements and materials coined and uncoined, to be used at

their discretion.

The reputation and principles of the present undertaker are safeguards

against the abuses of a coinage, carried on in a foreign country, where

no checks could be provided by the proper sovereign, no regulations

established, no police, no guard exercised; in short, none of the numerous

cautions hitherto thought essential at every mint; but in hands less

entitled to confidence, these will become dangers. We may be secured,

indeed, by proper experiments as to the purity of the coin delivered

us according to contract, but we cannot be secured against that which,

though less pure, shall be struck in the genuine die, and protected

against the vigilance of Government, till it shall have entered into

circulation.

We lose the opportunity of calling in and re-coining the clipped money

in circulation, or we double our risk by a double transportation.

We lose, in like manner, the resource of coining up our household plate

in the instant of great distress.

We lose the means of forming artists to continue the works, when the

common accidents of mortality shall have deprived us of those who began

them.

In fine, the carrying on a coinage in a foreign country, as far as the

Secretary knows, is without example; and general example is weighty

authority.

He is, therefore, of opinion, on the whole, that a mint, whenever

established, should be established at home; that the superiority, the

merit, and means of the undertaker, will suggest him as the proper person

to be engaged in the establishment and conduct of a mint, on a scale

which, relinquishing nothing in the perfection of the coin, shall be

duly proportioned to our purposes.

And, in the meanwhile, he is of opinion the present proposals should be

declined.

IV.--_Opinion on the question whether the Senate has the right to negative

the grade of persons appointed by the Executive to fill Foreign Missions._

NEW YORK, April 24, 1790.

The constitution having declared that the President shall _nominate_

and, by and with the advice and consent of the Senate, shall _appoint_

ambassadors, other public ministers, and consuls, the President desired

my opinion whether the Senate has a right to negative the _grade_ he may

think it expedient to use in a foreign mission as well as the _person_

to be appointed.

I think the Senate has no right to negative the _grade_.

The constitution has divided the powers of government into three branches,

Legislative, Executive and Judiciary, lodging each with a distinct

magistracy. The Legislative it has given completely to the Senate and

House of Representatives. It has declared that the Executive powers

shall be vested in the President, submitting special articles of it to

a negative by the Senate, and it has vested the Judiciary power in the

courts of justice, with certain exceptions also in favor of the Senate.

The transaction of business with foreign nations is Executive altogether.

It belongs, then, to the head of that department, except as to such

portions of it as are specially submitted to the Senate. Exceptions are

to be construed strictly.

The constitution itself indeed has taken care to circumscribe this one

within very strict limits; for it gives the _nomination_ of the foreign

agents to the President, the _appointments_ to him and the Senate jointly,

and the _commissioning_ to the President.

This analysis calls our attention the strict import of each term. To

_nominate_ must be to _propose_. _Appointment_ seems that act of the will

which constitutes or makes the agent, and the _commission_ is the public

evidence of it. But there are still other acts previous to these not

specially enumerated in the constitution, to wit: 1st. The destination

of a mission to the particular country where the public service calls

for it, and second the character or grade to be employed in it. The

natural order of all these is first, destination; second, grade; third,

nomination; fourth, appointment; fifth, commission. If _appointment_ does

not comprehend the neighboring acts of _nomination_ or _commission_,

(and the constitution says it shall not, by giving them exclusively to

the President,) still less can it pretend to comprehend those previous

and more remote, of _destination_ and _grade_.

The constitution, analyzing the three last, shows they do not comprehend

the two first. The fourth is the only one it submits to the Senate,

shaping it into a right to say that "A or B is unfit to be appointed."

Now, this cannot comprehend a right to say that "A or B is indeed fit

to be appointed," but the grade fixed on is not the fit one to employ,

or, "our connections with the country of his destination are not such

as to call for any mission."

The Senate is not supposed by the constitution to be acquainted with

the concerns of the Executive department. It was not intended that these

should be communicated to them, nor can they therefore be qualified to

judge of the necessity which calls for a mission to any particular place,

or of the particular grade, more or less marked, which special and secret

circumstances may call for. All this is left to the President. They are

only to see that no unfit person be employed.

It may be objected that the Senate may by continual negatives on

the _person_, do what amounts to a negative on the _grade_, and so,

indirectly, defeat this right of the President. But this would be a

breach of trust; an abuse of power confided to the Senate, of which that

body cannot be supposed capable. So the President has a power to convoke

the Legislature, and the Senate might defeat that power by refusing

to come. This equally amounts to a negative on the power of convoking.

Yet nobody will say they possess such a negative, or would be capable

of usurping it by such oblique means. If the constitution had meant to

give the Senate a negative on the grade or destination, as well as the

person, it would have said so in direct terms, and not left it to be

effected by a sidewind. It could never mean to give them the use of one

power through the abuse of another.

V.--_Opinion upon the validity of a grant made by the State of Georgia

to certain companies of individuals, of a tract of country whereof the

Indian right had never been extinguished, with power to such individuals

to extinguish the Indian right._

May 3d, 1790.

The State of Georgia, having granted to certain individuals a tract of

country, within their chartered limits, whereof the Indian right has

never yet been acquired; with a proviso in the grants, which implies

that those individuals may take measures for extinguishing the Indian

rights under the authority of that Government, it becomes a question

how far this grant is good?

A society, taking possession of a vacant country, and declaring they mean

to occupy it, does thereby appropriate to themselves as prime occupants

what was before common. A practice introduced since the discovery of

America, authorizes them to go further, and to fix the limits which they

assume to themselves; and it seems, for the common good, to admit this

right to a moderate and reasonable extent.

If the country, instead of being altogether vacant, is thinly occupied

by another nation, the right of the native forms an exception to that of

the new comers; that is to say, these will only have a right against all

other nations except the natives. Consequently, they have the exclusive

privilege of acquiring the native right by purchase or other just means.

This is called the right of preëmption, and is become a principle of

the law of nations, fundamental with respect to America. There are but

two means of acquiring the native title. First, war; for even war may,

sometimes, give a just title. Second, contracts or treaty.

The States of America before their present union possessed completely,

each within its own limits, the exclusive right to use these two means

of acquiring the native title, and, by their act of union, they have as

completely ceded both to the general government. Art. 2d, Section 1st.

"The President shall have power, by and with the advice of the Senate,

to make treaties, provided two thirds of the Senators present concur."

Art. 1st, Section 8th, "The Congress shall have power to declare war, to

raise and support armies." Section 10th, "No State shall enter into any

treaty, alliance or confederation. No State shall, without the consent

of Congress, keep troops or ships of war in time of peace, enter into

any agreement or compact with another State or with a foreign power,

or engage in war, unless actually invaded or in such imminent danger as

will not admit of delay."

These paragraphs of the constitution, declaring that the general

government shall have, and that the particular ones shall not have, the

right of war and treaty, are so explicit that no commentary can explain

them further, nor can any explain them away. Consequently, Georgia,

_possessing the exclusive right to acquire the native title_, but having

relinquished the _means_ of doing it to the general government, can only

have put her grantee into her own condition. She could convey to them

the exclusive right to acquire; but she could not convey what she had

not herself, that is, the means of acquiring.

For these they must come to the general government, in whose hands they

have been wisely deposited for the purposes both of peace and justice.

What is to be done? The right of the general government is, in my

opinion, to be maintained. The case is sound, and the means of doing it

as practicable as can ever occur. But respect and friendship should, I

think, mark the conduct of the general towards the particular government,

and explanations should be asked and time and color given them to tread

back their steps before coercion is held up to their view. I am told

there is already a strong party in Georgia opposed to the act of their

government.

I should think it better then that the first measures, while firm, be

yet so temperate as to secure their alliance and aid to the general

government.

Might not the eclat of a proclamation revolt their pride and passion,

and throw them hastily into the opposite scale? It will be proper indeed

to require from the government of Georgia, in the first moment, that

while the general government shall be expecting and considering her

explanations, things shall remain in _statu quo_, and not a move be made

towards carrying what they have begun into execution.

Perhaps it might not be superfluous to send some person to the Indians

interested, to explain to them the views of government and to watch with

their aid the territory in question.

VI.--_Opinion in favor of the resolutions of May 21st, 1790 directing

that, in all cases where payment had not been already made, the debts

due to the soldiers of Virginia and North Carolina, should be paid to

the original claimants or their attorneys, and not to their assignees._

June 3d, 1790.

The accounts of the soldiers of Virginia and North Carolina, having

been examined by the proper officer of government, the balances due

to each individual ascertained, and a list of these balances made out,

this list became known to certain persons before the soldiers themselves

had information of it, and those persons, by unfair means, as is said,

and for very inadequate considerations, obtained assignments from many

of the soldiers of whatever sum should be due to them from the public,

without specifying the amount.

The legislature, to defeat this fraud, passed resolutions on the 21st

of May, 1796, directing that where payment had not been made to the

original claimant in person or his representatives, it shall be made

to him or them personally, or to their attorney, producing a power for

that purpose, attested by two justices of the county where he resides,

and specifying the certain sum he is to receive.

It has been objected to these resolutions that they annul transfers of

property which were good by the laws under which they were made; that

they take from the assignees their lawful property; are contrary to the

principles of the constitution, which condemn retrospective laws; and

are, therefore, not worthy of the President's approbation.

I agree in an almost unlimited condemnation of retrospective laws. The

few instances of wrong which they redress are so overweighed by the

insecurity they draw over all property and even over life itself, and

by the atrocious violations of both to which they lead that it is better

to live under the evil than the remedy.

The only question I shall make is, whether these resolutions annul acts

which were valid when they were done?

This question respects the laws of Virginia and North Carolina only.

On the latter I am not qualified to decide, and therefore beg leave to

confine myself to the former.

By the common law of England (adopted in Virginia) the conveyance of a

right to a debt or other thing whereof the party is not in possession,

is not only void, but severely punishable under the names of Maintenance

and Champerty. The Law-merchants, however, which is permitted to have

course between merchants, allows the assignment of a _bill of exchange_

for the convenience of commerce. This, therefore, forms one exception to

the general rule, that a mere right or thing in action is not assignable.

A second exception has been formed by an English statute (copied into the

laws of Virginia) permitting _promissory notes_ to be assigned. The laws

of Virginia have gone yet further than the statute, and have allowed,

as a third exception, that a _bond_ should be assigned, which cannot

be done even at this day in England. So that, in Virginia, when a debt

has been settled between the parties and put into the form of a bill of

exchange, promissory note or bond, the law admits it to be transferred

by assignment. In all other cases the assignment of a debt is void.

The debts from the United States to the soldiers of Virginia, not having

been put into either of these forms, the assignments of them were void

in law.

A creditor may give an order on his debtor in favor of another, but if

the debtor does not accept it, he must be sued in the creditor's name;

which shows that the _order_ does not transfer the property of the

debts. The creditor may appoint another to be his attorney to receive

and recover his debt, and he may covenant that when received the attorney

may apply it to his own use. But he must sue as attorney to the original

proprietor, and not in his own right.

This proves that a _power of attorney_, with such a _covenant_, does

not transfer the property of the debt. A further proof in both cases is,

that the original creditor may at any time before payment or acceptance

revoke either his order or his power of attorney.

In that event the person in whose favor they were given has recourse to

a court of equity. When there, the judge examines whether he has done

equity. If he finds his transaction has been a fair one, he gives him

aid. If he finds it has been otherwise, not permitting his court to be

made a handmaid to fraud, he leaves him without remedy in equity as he

was in law. The assignments in the present case, therefore, if unfairly

obtained, as seems to be admitted, are void in equity as they are in law.

And they derive their nullity from the laws under which they were made,

not from the new resolutions of Congress. These are not retrospective.

They only direct their treasurer not to give validity to an assignment

which had it not before, by payments to the assignee until he in whom

the legal property still is, shall order it in such a form as to show

he is apprized of the sum he is to part with, and its readiness to be

paid into his or any other hands, and that he chooses, notwithstanding,

to acquiesce under the fraud which has been practised on him. In that

case he has only to execute before two justices a power of attorney to

the same person, expressing the specific sum of his demand, and it is to

be complied with. Actual payment, in this case, is an important act. If

made to the assignee, it would put the burthen of proof and process on

the original owner. If made to that owner, it puts it on the assignee,

who must then come forward and show that his transaction has been that

of an honest man.

Government seems to be doing in this what every individual, I think,

would feel himself bound to do in the case of his own debt. For, being

free in the law, to pay to the one or the other, he would certainly give

the advantage to the party who has suffered wrong rather than to him

who has committed it.

It is not honorable to take a mere legal advantage, when it happens to

be contrary to justice.

But it is honorable to embrace a salutary principle of law when a

relinquishment of it is solicited only to support a fraud.

I think the resolutions, therefore, merit approbation. I have before

professed my incompetence to say what are the laws of North Carolina

on this subject. They, like Virginia, adopted the English laws in the

gross. These laws forbid in general the buying and selling of debts, and

their policy in this is so wise that I presume they had not changed it

till the contrary be shown.

VII.--_Plan for establishing uniformity in the Coinage, Weights,

and Measures of the United States. Communicated to the House of

Representatives, July 13, 1790._

NEW YORK, July 4, 1790.

SIR:--In obedience to the order of the House of Representatives of

January 15th, I have now the honor to enclose you a report on the subject

of measures, weights, and coins. The length of time which intervened

between the date of the order and my arrival in this city, prevented my

receiving it till the 15th of April; and an illness which followed soon

after added, unavoidably, some weeks to the delay; so that it was not

till about the 20th May that I was able to finish the report. A desire

to lessen the number of its imperfections induced me still to withhold

it awhile, till, on the 15th of June, came to my hands, from Paris, a

printed copy of a proposition made by the Bishop of Autun, to the National

Assembly of France, on the subject of weights and measures; and three

days afterwards I received, through the channel of the public papers,

the speech of Sir John Riggs Miller, of April 13th, in the British House

of Commons, on the same subject. In the report which I had prepared, and

was then about to give in, I had proposed the latitude of 38°, as that

which should fix our standard, because it was the medium latitude of

the United States; but the proposition before the National Assembly of

France, to take that of 45° as being a middle term between the equator

and both poles, and a term which consequently might unite the nations of

both hemispheres, appeared to me so well chosen, and so just, that I did

not hesitate a moment to prefer it to that of 38°. It became necessary,

of course, to conform all my calculations to that standard--an operation

which has been retarded by my other occupations.

These circumstances will, I hope, apologize for the delay which has

attended the execution of the order of the House; and, perhaps, a

disposition on their part to have due regard for the proceedings of other

nations, engaged on the same subject, may induce them still to defer

deciding ultimately on it till their next session. Should this be the

case, and should any new matter occur in the meantime, I shall think it

my duty to communicate it to the House, as supplemental to the present

report.

I have the honor to be, with sentiments of the most profound respect,

Sir, your most obedient and most humble servant.

The Secretary of State, to whom was referred, by the House of

Representatives, to prepare and report a proper plan or plans for

establishing uniformity in the currency, weights, and measures of the

United States, in obedience thereto, makes the following report:--

To obtain uniformity in measures, weights, and coins, it is necessary

to find some measure of invariable length, with which, as a standard,

they may be compared.

There exists not in nature, as far as has been hitherto observed, a

single subject or species of subject, accessible to man, which presents

one constant and uniform dimension.

The globe of the earth itself, indeed, might be considered as invariable

in all its dimensions, and that its circumference would furnish an

invariable measure; but no one of its circles, great or small, is

accessible to admeasurement through all its parts, and the various trials

to measure definite portions of them, have been of such various result

as to show there is no dependence on that operation for certainty.

Matter, then, by its mere extension, furnishing nothing invariable, its

motion is the only remaining resource.

The motion of the earth round its axis, though not absolutely uniform

and invariable, may be considered as such for every human purpose. It is

measured obviously, but unequally, by the departure of a given meridian

from the sun, and its return to it, constituting a solar day. Throwing

together the inequalities of solar days, a mean interval, or day, has

been found, and divided, by very general consent, into 86,400 equal parts.

A pendulum, vibrating freely, in small and equal arcs, may be so adjusted

in its length, as, by its vibrations, to make this division of the

earth's motion into 86,400 equal parts, called seconds of mean time.

Such a pendulum, then, becomes itself a measure of determinate length,

to which all others may be referred to as to a standard.

But even a pendulum is not without its uncertainties.

1. The difficulty of ascertaining, in practice, its centre of oscillation,

as depending on the form of the bob, and its distance from the point

of suspension; the effect of the weight of the suspending wire towards

displacing the centre of oscillation; that centre being seated within

the body of the bob, and therefore inaccessible to the measure, are

sources of considerable uncertainty.

2. Both theory and experience prove that, to preserve its isochronism,

it must be shorter towards the equator, and longer towards the poles.

3. The height of the situation above the common level, as being an

increment to the radius of the earth, diminishes the length of the

pendulum.

4. The pendulum being made of metal, as is best, it varies its length

with the variations in the temperature of the atmosphere.

5. To continue small and equal vibrations, through a sufficient length

of time, and to count these vibrations, machinery and a power are

necessary, which may exert a small but constant effort to renew the

waste of motion; and the difficulty is so to apply these, as that they

shall neither retard or accelerate the vibrations.

1. In order to avoid the uncertainties which respect the centre of

oscillation, it has been proposed by Mr. Leslie, an ingenious artist

of Philadelphia, to substitute, for the pendulum, a uniform cylindrical

rod, without a bob.

Could the diameter of such a rod be infinitely small, the centre of

oscillation would be exactly at two-thirds of the whole length, measured

from the point of suspension. Giving it a diameter which shall render it

sufficiently inflexible, the centre will be displaced, indeed; but, in

a second rod not the (1) six hundred thousandth part of its length, and

not the hundredth part as much as in a second pendulum with a spherical

bob of proper diameter. This displacement is so infinitely minute,

then, that we may consider the centre of oscillation, for all practical

purposes, as residing at two-thirds of the length from the centre of

suspension. The distance between these two centres might be easily and

accurately ascertained in practice. But the whole rod is better for a

standard than any portion of it, because sensibly defined at both its

extremities.

2. The uncertainty arising from the difference of length requisite for

the second pendulum, or the second rod, in different latitudes, may

be avoided by fixing on some one latitude, to which our standard shall

refer. That of 38°, as being the middle latitude of the United States,

might seem the most convenient, were we to consider ourselves alone; but

connected with other nations by commerce and science, it is better to

fix on that parallel which bids fairest to be adopted by them also. The

45th, as being the middle term between the equator and pole, has been

heretofore proposed in Europe, and the proposition has been lately renewed

there under circumstances which may very possibly give it some effect.

This parallel is distinguished with us also as forming our principal

northern boundary. Let the completion of the 45th degree, then, give

the standard for our union, with the hope that it may become a line of

union with the rest of the world.

The difference between the second rod for 45° of latitude, and that for

31°, our other extreme, is to be examined.

The second _pendulum_ for 45° of latitude, according to Sir Isaac Newton's

computation, must be of (2) 39.14912 inches English measure; and a

_rod_, to vibrate in the same time, must be of the same length between

the centres of suspension and oscillation; and, consequently, its whole

length 58.7 (or, more exactly, 58.72368) inches. This is longer than

the rod which shall vibrate seconds in the 31° of latitude, by about

1/679 part of its whole length; a difference so minute, that it might

be neglected, as insensible, for the common purposes of life, but, in

cases requiring perfect exactness, the second rod, found by trial of

its vibrations in any part of the United States, may be corrected by

computation for the (3) latitude of the place, and so brought exactly

to the standard of 45°.

3. By making the experiment in the level of the ocean, the difference

will be avoided, which a higher position might occasion.

4. The expansion and contraction of the rod with the change of

temperature, is the fourth source of uncertainty before mentioned.

According to the high authority so often quoted, an iron rod, of given

length, may vary, between summer and winter, in temperate latitudes,

and in the common exposure of house clocks, from 1/1728 to 1/2592 of

its whole length, which, in a rod of 58.7 inches, will be from about

two to three hundredths of an inch. This may be avoided by adjusting and

preserving the standard in a cellar, or other place, the temperature of

which never varies. Iron is named for this purpose, because the least

expansible of the metals.

5. The practical difficulty resulting from the effect of the machinery

and moving power is very inconsiderable in the present state of the arts;

and, in their progress towards perfection, will become less and less.

To estimate and obviate this, will be the artist's province. It is as

nothing when compared with the sources of inaccuracy hitherto attending

measures.

Before quitting the subject of the inconveniences, some of which attend

the pendulum alone, others both the pendulum and rod, it must be added

that the rod would have an accidental but very precious advantage over

the pendulum in this country, in the event of our fixing the foot at the

nearest aliquot part of either; for the difference between the common

foot, and those so to be deduced, would be three times greater in the

case of the pendulum than in that of the rod.

Let the standard of measure, then, be a uniform cylindrical rod of iron,

of such length as, in latitude 45°, in the level of the ocean, and in a

cellar, or other place, the temperature of which does not vary through

the year, shall perform its vibrations in small and equal arcs, in one

second of mean time.

A standard of invariable length being thus obtained, we may proceed

to identify, by that, the measures, weights and coins of the United

States; but here a doubt presents itself as to the extent of the

reformation meditated by the House of Representatives. The experiment

made by Congress in the year one thousand seven hundred and eighty-six,

by declaring that there should be one money of account and payment

through the United States, and that its parts and multiples should be

in a decimal ratio,[23] has obtained such general approbation, both at

home and abroad, that nothing seems wanting but the actual coinage, to

banish the discordant pounds, shillings, pence, and farthings of the

different States, and to establish in their stead the new denominations.

Is it in contemplation with the House of Representatives to extend a

like improvement to our measures and weights, and to arrange them also

in a decimal ratio? The facility which this would introduce into the

vulgar arithmetic would, unquestionably, be soon and sensibly felt by

the whole mass of the people, who would thereby be enabled to compute

for themselves whatever they should have occasion to buy, to sell, or

to measure, which the present complicated and difficult ratios place

beyond their computation for the most part. Or, is it the opinion of the

Representatives that the difficulty of changing the established habits

of a whole nation opposes an insuperable bar to this improvement? Under

this uncertainty, the Secretary of State thinks it his duty to submit

alternative plans, that the House may, at their will, adopt either the

one or the other, exclusively, or the one for the present and the other

for a future time, when the public mind may be supposed to have become

familiarized to it.

I. And first, on the supposition that the present measures and weights

are to be retained but to be rendered uniform and invariable, by bringing

them to the same invariable standard.

The first settlers of these States, having come chiefly from England,

brought with them the measures and weights of that country. These alone

are generally established among us, either by law or usage; and these,

therefore, are alone to be retained and fixed. We must resort to that

country for information of what they are, or ought to be.

This rests, principally, on the evidence of certain standard measures and

weights, which have been preserved, of long time, in different deposits.

But differences among these having been known to exist, the House of

Commons, in the years 1757 and 1758, appointed committees to inquire into

the original standards of their weights and measures. These committees,

assisted by able mathematicians and artists, examined and compared with

each other the several standard measures and weights, and made reports

on them in the years 1758 and 1759. The circumstances under which these

reports were made entitle them to be considered, as far as they go, as

the best written testimony existing of the standard measures and weights

of England; and as such, they will be relied on in the progress of this

report.

MEASURES OF LENGTH.

The measures of length in use among us are:

The league of 3 miles, The fathom of 2 yards,

The mile of 8 furlongs, The ell of a yard and quarter,

The furlong of 40 poles or perches, The yard of 3 feet,

The foot of 12 inches, and

The pole or perch of 5½ yards, The inch of 10 lines.

On this branch of their subject, the committee of 1757-1758, says that

the standard measures of length at the receipt of the exchequer, are

a yard, supposed to be of the time of Henry VII., and a yard and ell

supposed to have been made about the year 1601; that they are brass

rods, very coarsely made, their divisions not exact, and the rods bent;

and that in the year 1742, some members of the Royal Society had been

at great pains in taking an exact measure of these standards, by very

curious instruments, prepared by the ingenious Mr. Graham; that the

Royal Society had had a brass rod made pursuant to their experiments,

which was made so accurately, and by persons so skilful and exact, that

it was thought not easy to obtain a more exact one; and the committee,

in fact, found it to agree with the standards at the exchequer, as near

as it was possible. They furnish no means, to persons at a distance, of

knowing what this standard is. This, however, is supplied by the evidence

of the second pendulum, which, according to the authority before quoted,

is, at London, 39.1682 English inches, and, consequently, the second

rod there is of 58.7523 of the same inches. When we shall have found,

then, by actual trial, the second rod for 45° by adding the difference

of their computed length, to wit: 287/10000 of an inch, or rather 3/10

of a line (which in practice will endanger less error than an attempt

at so minute a fraction as the ten thousandth parts of an inch) we shall

have the second rod of London, or a true measure of 58¾ English inches.

Or, to shorten the operation, without varying the result,

Let the standard rod of 45° be divided into 587⅕ equal parts, and

let each of these parts be declared a line.

10 lines an inch, 5½ yards a perch or pole,

12 inches a foot, 40 poles or perches a furlong,

3 feet a yard, 8 furlongs a mile,

3 feet 9 inches an ell, 3 miles a league.

6 feet a fathom,

SUPERFICIAL MEASURES

Our measures of surface are, the acre of 4 roods and the rood of 40

square poles; so established by a statute of 33 Edw. 1. Let them remain

the same.

MEASURES OF CAPACITY.

The measures of capacity in use among us are of the following names and

proportions:

The gill, four of which make a pint.

Two pints make a quart.

Two quarts a pottle.

Two pottles a gallon.

Two gallons a peck, dry measure.

Eight gallons make a measure called a firkin, in liquid substances, and

a bushel, dry.

Two firkins, or bushels, make a measure called a rundlet or kilderkin,

liquid, and a strike, dry.

Two kilderkins, or strikes, make a measure called a barrel, liquid, and

a coomb, dry; this last term being ancient and little used.

Two barrels, or coombs, make a measure called a hogshead, liquid, or a

quarter, dry; each being the quarter of a ton.

A hogshead and a third make a tierce, or third of a ton.

Two hogsheads make a pipe, butt, or puncheon; and

Two pipes make a ton.

But no one of these measures is of a determinate capacity. The report

of the committee of 1757-8, shows that the gallon is of very various

content; and that being the unit, all the others must vary with it.

The gallon and bushel contain--

224 and 1792 cubic inches, according to the standard wine

gallon preserved at Guildhall.

231 and 1848, according to the statute of 5th of Anne. 264.8

and 2118.4, according to the ancient Rumford quart, of 1228,

examined by the committee.

265.5 and 2124, according to three standard bushels preserved

in the Exchequer, to wit: one of Henry VII., without a rim;

one dated 1091, supposed for 1591, or 1601, and one dated 1601.

266.25 and 2130, according to the ancient Rumford gallon of

1228, examined by the committee.

268.75 and 2150, according to the Winchester bushel, as declared

by statute 13, 14, William III., which has been the model for

some of the grain States.

271, less 2 spoonfuls, and 2168, less 16 spoonfuls, according

to a standard gallon of Henry VII., and another dated 1601,

marked E. E., both in the Exchequer.

271 and 2168, according to a standard gallon in the Exchequer,

dated 1601, marked E., and called the corn gallon.

272 and 2176, according to the three standard corn gallons

last mentioned, as measured in 1688, by an artist for the

Commissioners of the Excise, generally used in the seaport

towns, and by mercantile people, and thence introduced into

some of the grain States.

277.18 and 2217.44, as established for the measure of coal by

the statute 12 Anne.

278 and 2224, according to the standard bushel of Henry VII.,

with a copper rim, in the Exchequer.

278.4 and 2227.2 according to two standard pints of 1601 and

1602, in the Exchequer.

280 and 2240, according to the standard quart of 1601, in the

Exchequer.

282 and 2256, according to the standard gallon for beer and

ale in the Treasury.

There are, moreover, varieties on these varieties, from the barrel to

the ton, inclusive; for, if the barrel be of herrings, it must contain

28 gallons by the statute 13 Eliz. c. 11. If of wine, it must contain

31½ gallons by the statute 2 Henry VI. c. 11, and 1 Rich. III. c. 15.

If of beer or ale, it must contain 34 gallons by the statute 1 William

and Mary, c. 24, and the higher measures in proportion.

In those of the United States which have not adopted the statutes of

William and Mary, and of Anne before cited, nor their substance, the wine

gallon of 231 cubic inches rests on the authority of very long usage,

before the 5th of Anne, the origin and foundation of which are unknown;

the bushel is the Winchester bushel, by the 11 Henry VII. undefined; and

the barrel of ale 32 gallons, and of beer 36 gallons, by the statute 23

Henry VIII c. 4.

The Secretary of State is not informed whether there have been any, and

what, alterations of these measures by the laws of the particular States.

It is proposed to retain this series of measures, but to fix the gallon

to one determinate capacity, as the unit of measure, both wet and dry;

for convenience is in favor of abolishing the distinction between wet

and dry measures.

The wine gallon, whether of 224 or 231 cubic inches, may be altogether

disregarded, as concerning, principally, the mercantile and the wealthy,

the least numerous part of the society, and the most capable of reducing

one measure to another by calculation. This gallon is little used among

the mass of farmers, whose chief habits and interests are in the size

of the corn bushel.

Of the standard measures before stated, two are principally distinguished

in authority and practice. The statute bushel of 2150 cubic inches, which

gives a gallon of 268.75 cubic inches, and the standard gallon of 1601,

called the corn gallon of 271 or 272 cubic inches, which has introduced

the mercantile bushel of 2276 inches. The former of these is most used

in some of the grain States, the latter in others. The middle term of

270 cubic inches may be taken as a mutual compromise of convenience,

and as offering this general advantage: that the bushel being of 2160

cubic inches, is exactly a cubic foot and a quarter, and so facilitates

the conversion of wet and dry measures into solid contents and tonnage,

and simplifies the connection of measures and weights, as will be shown

hereafter. It may be added, in favor of this, as a medium measure, that

eight of the standard, or statute measures before enumerated, are below

this term, and nine above it.

The measures to be made for use, being four sided, with

rectangular sides and bottom.

The pint will be 3 inches square, and 3¾ inches deep;

The quart 3 inches square, and 7½ inches deep;

The pottle 3 inches square, and 15 inches deep, or 4½, 5, and

6 inches;

The gallon 6 inches square, and 7½ inches deep, or 5, 6, and

9 inches;

The peck 6, 9, and 10 inches;

The half bushel 12 inches square, and 7½ inches deep; and

The bushel 12 inches square, and 15 inches deep, or 9, 15,

and 16 inches.

Cylindrical measures have the advantage of superior strength, but square

ones have the greater advantage of enabling every one who has a rule

in his pocket, to verify their contents by measuring them. Moreover,

till the circle can be squared, the cylinder cannot be cubed, nor its

contents exactly expressed in figures.

Let the measures of capacity, then, for the United States be--

A gallon of 270 cubic inches;

The gallon to contain 2 pottles;

The pottle 2 quarts;

The quart 2 pints;

The pint 4 gills;

Two gallons to make a peck;

Eight gallons a bushel or firkin;

Two bushels, or firkin, a strike or kilderkin;

Two strikes, or kilderkins, a coomb or barrel;

Two coombs, or barrels, a quarter or hogshead;

A hogshead and a third one tierce;

Two hogsheads a pipe, butt, or puncheon; and

Two pipes a ton.

And let all measures of capacity of dry subjects be stricken

with a straight strike.

WEIGHTS.

There are two series of weights in use among us; the one called

avoirdupois, the other troy.

_In the Avoirdupois series_:

The pound is divided into 16 ounces;

The ounce into 16 drachms;

The drachm into 4 quarters.

_In the Troy series_:

The pound is divided into 12 ounces;

The ounce (according to the subdivision of the apothecaries)

into 8 drachms;

The drachm into 3 scruples;

The scruple into 20 grains.

According to the subdivision for gold and silver, the ounce is divided

into twenty pennyweights, and the pennyweight into twenty-four grains.

So that the pound troy contains 5760 grains, of which 7000 are requisite

to make the pound avoirdupois; of course the weight of the pound troy

is to that of the 7000, or as 144 to 175.

It is remarkable that this is exactly the proportion of the ancient

liquid gallon of Guildhall of 224 cubic inches, to the corn gallon of

272; for 224 are to 272 as 144 to 175. (4.)

It is further remarkable still, that this is also the exact proportion

between the specific weight of any measure of wheat, and of the same

measure of water: for the statute bushel is of 64 pounds of wheat. Now

as 144 to 175, so are 64 pounds to 77.7 pounds; but 77.7 pounds is known

to be the weight of (5.) 2150.4 cubic inches of pure water, which is

exactly the content of the Winchester bushel, as declared by the statute

13, 14, Will. 3. That statute determined the bushel to be a cylinder of

18½ inches diameter, and 8 inches depth. Such a cylinder, as nearly as it

can be cubed, and expressed in figures, contains 2150.425 cubic inches;

a result which reflects authority on the declaration of Parliament, and

induces a favorable opinion of the care with which they investigated

the contents of the ancient bushel, and also a belief that there might

exist evidence of it at that day, unknown to the committees of 1758 and

1759.

We find, then, in a continued proportion 64 to 77.7 as 224 to 272, and as

144 to 175, that is to say, the specific weight of a measure of wheat,

to that of the same measure of water, as the cubic contents of the wet

gallon, to those of the dry; and as the weight of a pound troy to that

of a pound avoirdupois.

This seems to have been so combined as to render it indifferent whether

a thing were dealt out by weight or measure; for the dry gallon of wheat,

and the liquid one of wine, were of the same weight; and the avoirdupois

pound of wheat, and the troy pound of wine, were of the same measure.

Water and the vinous liquors, which enter most into commerce, are so

nearly of a weight, that the difference, in moderate quantities, would

be neglected by both buyer and seller; some of the wines being a little

heavier, and some a little lighter, than water.

Another remarkable correspondence is that between weights and measures.

For 1000 ounces avoirdupois of pure water fill a cubic foot, with

mathematical exactness.

What circumstances of the times, or purposes of barter or commerce, called

for this combination of weights and measures, with the subjects to be

exchanged or purchased, are not now to be ascertained. But a triple set

of exact proportionals representing weights, measures, and the things

to be weighed and measured, and a relation so integral between weights

and solid measures, must have been the result of design and scientific

calculation, and not a mere coincidence of hazard. It proves that the dry

and wet measures, the heavy and light weights, must have been original

parts of the system they compose--contrary to the opinion of the committee

of 1757, 1758, who thought that the avoirdupois weight was not an ancient

weight of the kingdom, nor ever even a legal weight, but during a single

year of the reign of Henry VIII.; and, therefore, concluded, otherwise

than will be here proposed, to suppress it altogether. Their opinion was

founded chiefly on the silence of the laws as to this weight. But the

harmony here developed in the system of weights and measures, of which

the avoirdupois makes an essential member, corroborated by a general

use, from very high antiquity, of that, or of a nearly similar weight

under another (6.) name, seem stronger proofs that this is legal weight,

than the mere silence of the written laws is of the contrary.

Be this as it may, it is in such general use with us, that, on the

principle of popular convenience, its higher denominations, at least, must

be preserved. It is by the avoirdupois pound and ounce that our citizens

have been used to buy and sell. But the smaller subdivisions of drachms

and quarters are not in use with them. On the other hand, they have been

used to weigh their money and medicine with the pennyweights and grains

troy weight, and are not in the habit of using the pounds and ounces

of that series. It would be for their convenience, then, to suppress

the pound and ounce troy, and the drachm and quarter avoirdupois; and

to form into one series the avoirdupois pound and ounce, and the troy

pennyweight and grain. The avoirdupois ounce contains 18 pennyweights

5½ grains troy weight. Divide it, then, into 18 pennyweights, and the

pennyweight, as heretofore, into 24 grains, and the new pennyweight will

contain between a third and a quarter of a grain more than the present

troy pennyweight; or, more accurately, it will be to that as 875 to

864--a difference not to be noticed, either in money or medicine, below

the denomination of an ounce.

But it will be necessary to refer these weights to a determinate mass of

some substance, the specific gravity of which is invariable. Rain water

is such a substance, and may be referred to everywhere, and through

all time. It has been found by accurate experiments that a cubic foot

of rain water weighs 1000 ounces avoirdupois, standard weights of the

exchequer. It is true that among these standard weights the committee

report small variations; but this experiment must decide in favor of

those particular weights, between which, and an integral mass of water,

so remarkable a coincidence has been found. To render this standard more

exact, the water should be weighed always in the same temperature of

air; as heat, by increasing its volume, lessens its specific gravity.

The cellar of uniform temperature is best for this also.

Let it, then, be established that an ounce is of the weight of a cube

of rain water, of one-tenth of a foot; or, rather, that it is the

thousandth part of the weight of a cubic foot of rain water, weighed

in the standard temperature; that the series of weights of the United

States shall consist of pounds, ounces, pennyweights, and grains; whereof

24 grains shall be one pennyweight;

18 pennyweights one ounce;

16 ounces one pound.

COINS.

Congress, in 1786, established the money unit at 375.64 troy grains

of pure silver. It is proposed to enlarge this by about the third of a

grain in weight, or a mill in value; that is to say, to establish it at

376 (or, more exactly, 375.989343) instead of 375.64 grains; because it

will be shown that this, as the unit of coin, will link in system with

the units of length, surface, capacity, and weight, whenever it shall be

thought proper to extend the decimal ratio through all these branches.

It is to preserve the possibility of doing this, that this very minute

alteration is proposed.

We have this proportion, then, 875 to 864, as 375.989343 grains troy to

371.2626277; the expression of the unit in the new grains.

Let it be declared, therefore, that the money unit, or dollar of the

United States, shall contain 371.262 American grains of pure silver.

If nothing more, then, is proposed, than to render uniform and stable

the system we already possess, this may be effected on the plan herein

detailed; the sum of which is: 1st. That the present measures of length

be retained, and fixed by an invariable standard. 2d. That the measures

of surface remain as they are, and be invariable also as the measures of

length to which they are to refer. 3d. That the unit of capacity, now so

equivocal, be settled at a medium and convenient term, and defined by

the same invariable measures of length. 4th. That the more known terms

in the two kinds of weights be retained, and reduced to one series, and

that they be referred to a definite mass of some substance, the specific

gravity of which never changes. And 5th. That the quantity of pure silver

in the money unit be expressed in parts of the weights so defined.

In the whole of this no change is proposed, except an insensible one in

the troy grain and pennyweight, and the very minute one in the money unit.

II. But if it be thought that, either now, or at any future time, the

citizens of the United States may be induced to undertake a thorough

reformation of their whole system of measures, weights and coins,

reducing every branch to the same decimal ratio already established in

their coins, and thus bringing the calculation of the principal affairs

of life within the arithmetic of every man who can multiply and divide

plain numbers, greater changes will be necessary.

The unit of measure is still that which must give law through the whole

system; and from whatever unit we set out, the coincidences between the

old and new ratios will be rare. All that can be done, will be to choose

such a unit as will produce the most of these. In this respect the second

rod has been found, on trial, to be far preferable to the second pendulum.

MEASURES OF LENGTH.

Let the second rod, then, as before described, be the standard of measure;

and let it be divided into five equal parts, each of which shall be

called a foot; for, perhaps, it may be better generally to retain the

name of the nearest present measure, where there is one tolerably near.

It will be about one quarter of an inch shorter than the present foot.

Let the foot be divided into 10 inches;

The inch into 10 lines;

The line into 10 points;

Let 10 feet make a decad;

10 decads one rood;

10 roods a furlong;

10 furlongs a mile.

SUPERFICIAL MEASURES.

Superficial measures have been estimated, and so may continue to be, in

squares of the measures of length, except in the case of lands, which

have been estimated by squares, called roods and acres. Let the rood be

equal to a square, every side of which is 100 feet. This will be 6.483

English feet less than the English (7.) rood every way, and 1311 square

feet less in its whole contents; that is to say, about one-eighth; in

which proportion, also, 4 roods will be less than the present acre.

MEASURES OF CAPACITY.

Let the unit of capacity be the cubic foot, to be called a bushel. It

will contain 1620.05506862 cubic inches, English; be about one-fourth

less than that before proposed to be adopted as a medium; one-tenth less

than the bushel made from 8 of the Guildhall gallons; and one-fourteenth

less than the bushel made from 8 Irish gallons of 217.6 cubic inches.

Let the bushel be divided into 10 pottles;

Each pottle into 10 demi-pints;

Each demi-pint into 10 metres, which will be of a cubic inch each.

Let 10 bushels be a quarter, and

10 quarters a last, or double ton.

The measures for use being four-sided, and the sides and bottoms

rectangular, the bushel will be a foot cube.

The pottle 5 inches square and four inches deep;

The demi-pint 2 inches square, and 2½ inches deep;

The metre, an inch cube.

WEIGHTS.

Let the weight of a cubic inch of rain water, or the thousandth part of

a cubic foot, be called an ounce; and let the ounce be divided into 10

double scruples:

The double scruple into 10 carats;

The carat into 10 minims or demi-grains;

The minim into 10 mites.

Let 10 ounces make a pound;

10 pounds a stone;

16 stones a kental;

10 kentals a hogshead.

COINS.

Let the money unit, or dollar, contain eleventh-twelfths of an ounce of

pure silver. This will be 376 troy grains, (or more exactly, 375.959343

troy grains,) which will be about a third of a grain, (or more exactly,

.349343 of a grain,) more than the present unit. This, with the twelfth

of alloy already established, will make the dollar or unit, of the weight

of an ounce, or of a cubic inch of rain water, exactly. The series of

mills, cents, dimes, dollars, and eagles, to remain as already established

(8.)

The second rod, or the second pendulum, expressed in the measures of

other countries, will give the proportion between their measures and

those of the United States.

Measures, weights and coins, thus referred to standards unchangeable

in their nature, (as is the length of a rod vibrating seconds, and the

weight of a definite mass of rain water,) will themselves be unchangeable.

These standards, too, are such as to be accessible to all persons, in all

times and places. The measures and weights derived from them fall in so

nearly with some of those now in use, as to facilitate their introduction;

and being arranged in decimal ratio, they are within the calculation of

every one who possesses the first elements of arithmetic, and of easy

comparison, both for foreigners and citizens, with the measures, weights,

and coins of other countries.

A gradual introduction would lessen the inconveniences which might attend

too sudden a substitution, even of an easier for a more difficult system.

After a given term, for instance, it might begin in the custom-houses,

where the merchants would become familiarized to it. After a further

term, it might be introduced into all legal proceedings, and merchants

and traders in foreign commodities might be required to use it in

their dealings with one another. After a still further term, all other

descriptions of people might receive it into common use. Too long a

postponement, on the other hand, would increase the difficulties of its

reception with the increase of our population.

_Appendix, containing illustrations and developments of some passages

of the preceding report._

(1.) In the second pendulum with a spherical bob, call the distance

between the centres of suspension and of the bob, 2x19.575, or 2d, and

the radius of the bob = _r_; then 2d:r::r: rr/2d and ⅖ of this last

proportional expresses the displacement of the centre of oscillation, to

wit: 2rr/5x2d=rr/5d. Two inches have been proposed as a proper diameter

for such a bob. In that case r will be = 1. inch, and _rr_/5d = 1/9787

inches.

In the cylindrical second rod, call the length of the rod, 3 x 19.575.

or 3d, and its radius = _r_ and _rr_/2x3d=_rr_/6d will express the

displacement of the centre of oscillation. It is thought the rod will

be sufficiently inflexible if it be ⅕ of an inch in diameter. Then _r_

will be = .1 inch, and _rr_/6d = 1/11745 inches, which is but the 120th

part of the displacement in the case of the pendulum with a spherical

bob, and but the 689,710th part of the whole length of the rod. If the

rod be even of half an inch diameter, the displacement will be but 1/1879

of an inch, or 1/110356 of the length of the rod.

(2.) Sir Isaac Newton computes the pendulum for 45° to be 36 pouces

8.428 lignes. Picard made the English foot 11 pouces 2.6 lignes, and

Dr. Maskelyne 11 pouces 3.11 lignes. D'Alembert states it at 11 pouces

3 lignes, which has been used in these calculations as a middle term,

and gives us 36 pouces 8.428 lignes = 39.1491 inches. This length for

the pendulum of 45° had been adopted in this report before the Bishop

of Autun's proposition was known here. He relies on Mairan's ratio for

the length of the pendulum in the latitude of Paris, to wit: 504:257::72

pouces to a 4th proportional, which will be 36.71428 pouces=39.1619

inches, the length of the pendulum for latitude 48° 50'. The difference

between this and the pendulum for 45° is .0113 of an inch; so that

the pendulum for 45° would be estimated, according to Mairan, at

39.1619--.0113 = 39.1506 inches, almost precisely the same with Newton's

computation herein adopted.

(3.) Sir Isaac Newton's computations for the different degrees of

latitude, from 30° to 45°, are as follows:

Pieds. Lignes.

30° 3 7.948

35 3 8.099

40 3 8.261

41 3 8.294

42 3 8.327

43 3 8.361

44 3 8.394

45 3 8.428

(4.) Or, more exactly, 144:175::224:272.2.

(5.) Or, more exactly, 62.5:1728::77.7:2150.39.

(6.) The merchant's weight.

(7.) The Eng. rood contains 10,890 sq. feet = 104.355 feet sq.

(8.) _The Measures, Weights, and Coins of the Decimal System, estimated

in those of England, now used in the United States_.

1. MEASURES OF LENGTH.

Feet. Equivalent in English measure.

The point, .001 .011 inch.

The line, .01 .117

The inch, .1 1.174, about 1/7 more than the Eng. inch.

The foot, 1. } 11.744736 } about 1/48 less than the

} .978728 feet, } English foot.

The decad, 10. 9.787, about 1/48 less than the 10 feet

rod of the carpenters.

The rood, 100. 97.872, about 1/16 less than the side of

an English square rood.

The furlong, 1000. 978.728, about ⅓ more than the Eng. fur.

The mile, 10000. 9787.28, about 1-6/7 English mile, nearly

the Scotch and Irish mile, and ½

the German mile.

2. SUPERFICIAL MEASURE.

Roods.

The hundredth, .01 95.69 square feet English.

The tenth, .1 957.9

The rood, 1. 9579.085

The double acre, 10. 2.199, or say 2.2 acres English.

The square furlong, 100. 22.

3. MEASURE OF CAPACITY.

Bushels. Cub. Inches

The metre, .001 1.62

The demi-pint, .01 16.2, about 1/24 less than the English

half-pint.

The pottle, .1 162.005, about ⅙ more than the English

pottle.

The bushel, 1. { 1620.05506862 }

{ .937531868414884352 cub feet. }

about ¼ less than the middle sized

English bushel.

The quarter, 10. 9.375, about ⅕ less than the Eng. qr.

The last, 100. 93.753, about 1/7 more than the Eng. last.

4. WEIGHTS.

Pounds. Avoirdupois. Troy.

Mite, .00001 .041 grains, about ⅕

less than the English

mite.

Minim, or } .0001 .4101, about ⅕ less

demi-grain, } than half-grain troy.

Carat, .001 .4101, about 1/40 more

than the carat troy.

Double } .01 41.017, about 1/40

scruple, } more than 2 scruples

troy.

Ounce, .1 { 9375318684148 } { 410.170192431

{ 84352 oz. } { .85452 oz.

about 1/16 less than the ounce avoirdupois.

Pound, 1. { 9.375 } .712101 lb., about ¼

{ .585957417759 lb. } less than the pound troy.

Stone, 10. { 93.753 oz. } 7.121 about ¼ less

{ 5.8595 lb. } than the English stone

of 8 lbs. avoirdupois.

Kental, 100. { 937.531 oz. } 71.21 about 4/10 less

{ 58.5957 lb. } than the English kental

of 100 lbs. avoirdupois.

Hogshead, 1000. { 9375.318 oz. } 712.101

{ 585.9574 lb. }

5. COINS.

Dollars.

The mill, .001

The cent, .01

The dime, .1

Troy grains.

Dollar, 1. {375.98934306 pure silver.

{ 34.18084937 alloy.

------------

Eagle, 10. 410.17019243

_Postscript._

January 10, 1791.

It is scarcely necessary to observe that the measures, weights, and

coins, proposed in the preceding report, will be derived altogether from

mechanical operations, viz.: A rod, vibrating seconds, divided into five

equal parts, one of these subdivided, and multiplied decimally, for every

measure of length, surface, and capacity, and these last filled with

water, to determine the weights and coins. The arithmetical estimates in

the report were intended only to give an idea of what the new measures,

weights, and coins, would be nearly, when compared with the old. The

length of the standard or second rod, therefore, was assumed from that of

the pendulum; and as there has been small differences in the estimates

of the pendulum by different persons, that of Sir Isaac Newton was

taken, the highest authority the world has yet known. But, if even he

has erred, the measures, weights, and coins proposed, will not be an atom

the more or less. In cubing the new foot, which was estimated at .978728

of an English foot, or 11.744736 English inches, an arithmetical error

of an unit happened in the fourth column of decimals, and was repeated

in another line in the sixth column, so as to make the result one ten

thousandth and one millionth of a foot too much. The thousandth part of

this error (about one ten millionth of a foot) consequently fell on the

metre of measure, the ounce weight, and the unit of money. In the last

it made a difference of about the twenty-fifth part of a grain Troy, in

weight, or the ninety-third of a cent in value. As it happened, this error

was on the favorable side, so that the detection of it approximates our

estimate of the new unit exactly that much nearer to the old, and reduces

the difference between them to 34, instead of 38 hundredths of a grain

Troy; that is to say, the money unit instead of 375.64 Troy grains of

pure silver, as established heretofore, will now be 375.98934306 grains,

as far as our knowledge of the length of the second pendulum enables us

to judge; and the current of authorities since Sir Isaac Newton's time,

gives reason to believe that his estimate is more probably above than

below the truth, consequently future corrections of it will bring the

estimate of the new unit still nearer to the old.

The numbers in which the arithmetical error before mentioned showed

itself in the table, at the end of the report, have been rectified, and

the table re-printed.

The head of superficial measures in the last part of the report, is

thought to be not sufficiently developed. It is proposed that the rood

of land, being 100 feet square, (and nearly a quarter of the present

acre,) shall be the unit of land measure. This will naturally be divided

into tenths and hundredths, the latter of which will be a square decad.

Its multiples will also, of course, be tens, which may be called double

acres, and hundreds, which will be equal to a square furlong each. The

surveyor's chain should be composed of 100 links of one foot each.

FOOTNOTE:

[23] See Vol. I. p. 162.

VIII.--_Opinion upon the question whether the President should veto the

Bill, declaring that the seat of government shall be transferred to the

Potomac, in the year 1790._

July 15, 1790.

A bill having passed both houses of Congress, and being now before the

President, declaring that the seat of the federal government shall be

transferred to the Potomac in the year 1790, that the session of Congress

next ensuing the present shall be held in Philadelphia, to which place

the offices shall be transferred before the 1st of December next, a

writer in a public paper of July 13, has urged on the consideration

of the President, that the constitution has given to the two houses

of Congress the exclusive right to adjourn themselves; that the will

of the President mixed with theirs in a decision of this kind, would

be an inoperative ingredient, repugnant to the constitution, and that

he ought not to permit them to part, in a single instance, with their

constitutional rights; consequently, that he ought to negative the bill.

That is now to be considered.

Every man, and every body of men on earth, possesses the right of

self-government. They receive it with their being from the hand of nature.

Individuals exercise it by their single will; collections of men by that

of their majority; for the law of the _majority_ is the natural law of

every society of men. When a certain description of men are to transact

together a particular business, the times and places of their meeting and

separating, depend on their own will; they make a part of the natural

right of self-government. This, like all other natural rights, may be

abridged or modified in its exercise by their own consent, or by the

law of those who depute them, if they meet in the right of others; but

as far as it is not abridged or modified, they retain it as a natural

right, and may exercise them in what form they please, either exclusively

by themselves, or in association with others, or by others altogether,

as they shall agree.

Each house of Congress possesses this natural right of governing itself,

and, consequently, of fixing its own times and places of meeting, so

far as it has not been abridged by the law of those who employ them,

that is to say, by the Constitution. This act manifestly considers them

as possessing this right of course, and therefore has nowhere given it

to them. In the several different passages where it touches this right,

it treats it as an existing thing, not as one called into existence by

them. To evince this, every passage of the constitution shall be quoted,

where the right of adjournment is touched; and it will be seen that no

one of them pretends to give that right; that, on the contrary, every

one is evidently introduced either to enlarge the right where it would

be too narrow, to restrain it where, in its natural and full exercise,

it might be too large, and lead to inconvenience, to defend it from the

latitude of its own phrases, where these were not meant to comprehend

it, or to provide for its exercise by others, when they cannot exercise

it themselves.

"A majority of each house shall constitute a quorum to do business; but

a smaller number may adjourn from day to day, and may be authorized to

compel the attendance of absent members." Art. 1. Sec. 5. A majority

of every collection of men being naturally necessary to constitute its

will, and it being frequently to happen that a majority is not assembled,

it was necessary to enlarge the natural right by giving to "a smaller

number than a majority" a right to compel the attendance of the absent

members, and, in the meantime, to adjourn from day to day. This clause,

then, does not pretend to give to a majority a right which it knew that

majority would have of themselves, but to a number _less than a majority_,

a right to which it knew that lesser number could not have of themselves.

"Neither house, during the session of Congress, shall, without the

consent of the other, adjourn for more than three days, nor to any other

place than that in which the two houses shall be sitting." Ibid. Each

house exercising separately its natural right to meet when and where it

should think best, it might happen that the two houses would separate

either in time or place, which would be inconvenient. It was necessary,

therefore, to keep them together by restraining their natural right of

deciding on separate times and places, and by requiring a concurrence

of will.

But, as it might happen that obstinacy, or a difference of object, might

prevent this concurrence, it goes on to take from them, in that instance,

the right of adjournment altogether, and to transfer it to another, by

declaring, Art. 2, Sec. 3, that "in case of disagreement between the

two houses, with respect to the time of adjournment, the President may

adjourn them to such time as he shall think proper."

These clauses, then, do not import a gift, to the two houses, of a general

right of adjournment, which it was known they would have without that

gift, but to restrain or abrogate the right it was known they would have,

in an instance where, exercised in its full extent, it might lead to

inconvenience, and to give that right to another who would not naturally

have had it. It also gives to the President a right, which he otherwise

would not have had, "to convene both houses, or either of them, on

extraordinary occasions." Thus substituting the will of another, where

they are not in a situation to exercise their own.

"Every order, resolution, or vote, to which the concurrence of the Senate

and House of Representatives may be necessary (except on a question of

adjournment), shall be presented to the President for his approbation,

&c." Art. 1, Sec. 7. The latitude of the general words here used would

have subjected the natural right of adjournment of the two houses to the

will of the President, which was not intended. They therefore expressly

"except questions of adjournment" out of their operation. They do not

here give a right of adjournment, which it was known would exist without

their gift, but they defend the existing right against the latitude of

their own phrases, in a case where there was no good reason to abridge

it. The exception admits they will have the right of adjournment, without

pointing out the source from which they will derive it.

These are all the passages of the constitution (one only excepted, which

shall be presently cited) where the right of adjournment is touched;

and it is evident that none of these are introduced to give that right;

but every one supposes it to be existing, and provides some specific

modification for cases where either a defeat in the natural right, or

a too full use of it, would occasion inconvenience.

The right of adjournment, then, is not given by the constitution, and

consequently it may be modified by law without interfering with that

instrument. It is a natural right, and, like all other natural rights,

may be abridged or regulated in its exercise by law; and the concurrence

of the third branch in any law regulating its exercise is so efficient

an ingredient in that law, that the right cannot be otherwise exercised

but after a repeal by a new law. The express terms of the constitution

itself show that this right may be modified _by law_, when, in Art. 1,

Sec. 4. (the only remaining passage on the subject not yet quoted) it

says, "The Congress shall assemble at least once in every year, and such

meeting shall be the first Monday in December, unless they shall, _by

law_, appoint a different day." Then another day may be appointed _by

law_; and the President's assent is an efficient ingredient in that law.

Nay further, they cannot adjourn over the first Monday of December but

by _a law_. This is another constitutional abridgment of their natural

right of adjournment; and completing our review of all the clauses in

the constitution which touch that right, authorizes us to say no part

of that instrument gives it; and that the houses hold it, not from the

constitution, but from nature.

A consequence of this is, that the houses may, by a joint resolution,

remove themselves from place to place, because it is a part of their

right of self-government; but that as the right of self-government does

not comprehend the government of others, the two houses cannot, by a

joint resolution of their majorities only, remove the executive and

judiciary from place to place. These branches possessing also the rights

of self-government from nature, cannot be controlled in the exercise of

them but by a law, passed in the forms of the constitution. The clause

of the bill in question, therefore, was necessary to be put into the form

of a law, and to be submitted to the President, so far as it proposes to

effect the removal of the Executive and Judiciary to Philadelphia. So far

as respects the removal of the present houses of legislation thither, it

was not necessary to be submitted to the President; but such a submission

is not repugnant to the constitution. On the contrary, if he concurs,

it will so far fix the next session of Congress at Philadelphia that it

cannot be changed but by a regular law.

The sense of Congress itself is always respectable authority. It has been

given very remarkably on the present subject. The address to the President

in the paper of the 13th is a complete digest of all the arguments urged

on the floor of the Representatives against the constitutionality of the

bill now before the President; and they were overruled by a majority of

that house, comprehending the delegation of all the States south of the

Hudson, except South Carolina. At the last session of Congress, when

the bill for remaining a certain term at New York, and then removing

to Susquehanna or Germantown was objected to on the same ground, the

objection was overruled by a majority comprehending the delegations of

the northern half of the union with that of South Carolina. So that the

sense of every State in the union has been expressed, by its delegation,

against this objection South Carolina excepted, and excepting also Rhode

Island, which has never yet had a delegation in place to vote on the

question. In both these instances, the Senate concurred with the majority

of the Representatives. The sense of the two houses is stronger authority

in this case, as it is given against their own supposed privilege.

It would be as tedious, as it is unnecessary, to take up and discuss one

by one, the objections proposed in the paper of July 13. Every one of

them is founded on the supposition that the two houses hold their right

of adjournment from the constitution. This error being corrected, the

objections founded on it fall of themselves.

It would also be work of mere supererogation to show that, granting

what this writer takes for granted (that the President's assent would

be an inoperative ingredient, because excluded by the constitution, as

he says), yet the particular views of the writer would be frustrated,

for on every hypothesis of what the President may do, Congress must go

to Philadelphia. 1. If he assents to the bill, that assent makes good

law of the part relative to the Patomac; and the part for holding the

next session at Philadelphia is good, either as an ordinance, or a vote

of the two houses, containing a complete declaration of their will in

a case where it is competent to the object; so that they must go to

Philadelphia in that case. 2. If he dissents from the bill it annuls

the part relative to the Patomac; but as to the clause for adjourning

to Philadelphia, his dissent being as inefficient as his assent, it

remains a good ordinance or vote, of the two houses for going thither,

and consequently they must go in this case also. 3. If the President

withholds his will out of the bill altogether, by a ten days' silence,

then the part relative to the Potomac becomes a good law without his

will, and that relative to Philadelphia is good also, either as a law,

or an ordinance, or a vote of the two houses; and consequently in this

case also they go to Philadelphia.

IX.--_Opinion respecting the expenses and salaries of foreign Ministers._

July 17, 1790.

The bill on the intercourse with foreign nations restrains the President

from allowing to Ministers Plenipotentiary, or to Congress, more than

$9,000, and $4,500 for their "personal services, and other expenses."

This definition of the objects for which the allowance is provided

appearing vague, the Secretary of State thought it his duty to confer

with the gentlemen heretofore employed as ministers in Europe, to

obtain from them, in aid of his own information, an enumeration of the

expenses incident to these offices, and their opinion which of them

would be included within the fixed salary, and which would be entitled

to be charged separately. He, therefore, asked a conference with the

Vice-President, who was acquainted with the residences of London and the

Hague, and the Chief Justice, who was acquainted with that of Madrid,

which took place yesterday.

The Vice-President, Chief Justice, and Secretary of State, concurred in

the opinion that the salaries named by the act are much below those of

the same grade at the courts of Europe, and less than the public good

requires they should be. Consequently, that the expenses not included

within the definition of the law, should be allowed as an additional

charge.

1. _Couriers, Gazettes, Translating necessary papers, Printing necessary

papers, Aids to poor Americans._--All three agreed that these ought to

be allowed as additional charges, not included within the meaning of

the phrase, "his personal services, and other expenses."

2. _Postage, Stationary, Court-fees._--One of the gentlemen being of

opinion that the phrase "personal services, and other expenses," was

meant to comprehend all the _ordinary expenses_ of the office, considered

this second class of expenses as _ordinary_, and therefore included in

the fixed salary. The first class before mentioned, he had viewed as

_extraordinary_. The other two gentlemen were of opinion this second

class was also out of the definition, and might be allowed in addition to

the salary. One of them, particularly, considered the phrase as meaning

"personal services and personal expenses," that is, expenses for his

personal accommodation, comforts, and maintenance. This second class of

expenses is not within that description.

3. _Ceremonies;_ such as diplomatic and public dinners, galas, and

illuminations. One gentleman only was of opinion these might be allowed.

The expenses of the first class may probably amount to about fifty dollars

a year. Those of the second, to about four or five hundred dollars. Those

of the third are so different at different courts, and so indefinite in

all of them, that no general estimate can be proposed.

The Secretary of State thought it his duty to lay this information before

the President, supposing it might be satisfactory to himself, as well

as to the diplomatic gentlemen, to leave nothing uncertain as to their

allowances; and because, too, a previous determination is in some degree

necessary to the forming an estimate which may not exceed the whole sum

appropriated.

The Secretary of State has also consulted on the subject of the Morocco

consulship, with Mr. Barclay, who furnished him with the note, of which

a copy accompanies this. Considering all circumstances, Mr. Barclay is

of opinion, we had better have only a consul there, and that he should be

the one now residing at Morocco, because, as secretary to the Emperor, he

sees him every day, and possesses his ear. He is of opinion six hundred

dollars a year might suffice for him, and that it should be proposed to

him not as a salary, but as a sum in gross intended to cover his expenses,

and to save the trouble of keeping accounts. That this consul should be

authorized to appoint agents in the seaports, who would be sufficiently

paid by the consignments of vessels. He thinks the consul at Morocco

would most conveniently receive his allowance through the channel of

our Chargé at Madrid, on whom, also, this consulate had better be made

dependent for instructions, information, and correspondence, because of

the daily intercourse between Morocco and Cadiz.

The Secretary of State, on a view of Mr. Barclay's note, very much

doubts the sufficiency of the sum of six hundred dollars; he supposes a

little money there may save a great deal; but he is unable to propose any

specific augmentation till a view of the whole diplomatic establishments

and its expenses, may furnish better grounds for it.

[Appended to this note, were the following estimate of the expenses

of foreign ministers, and of the probable calls on our foreign fund,

from July 1, 1790, to July 1, 1791.--ED.]

_Estimate of the Expenses of a Minister Plenipotentiary._

July 19, 1790.

Minister Plenipotentiary, his salary $9,000

His outfit, suppose it to happen once in seven years,

will average 1,285

His return at a quarter's salary will average 321

Extras, viz.: Gazettes, Translating, Printing, Aids to poor

American sailors, Couriers, and Postage, about 350

His Secretary 1,350

-------

$12,396

_Estimate for a Chargé des Affaires._

Chargé des Affaires, his salary $4,500

His outfit, once in seven years, equal to an annual sum of 643

His return at a quarter's salary, do 161

Extras, as above 350

------

$5,654

The Agent at the Hague, his salary $1,300

Extras 100

-----

$1,400

_Estimate of the Annual Expenses of the Establishment proposed._

France, a Minister Plenipotentiary $12,306

London, do. do. 12,306

Madrid, a Chargé des Affaires 5,654

Lisbon, do. do. do. 5,654

Hague, an agent 1,400

Morocco, a consul 1,800

Presents to foreign ministers on taking leave, at $1,000

each, more or less, according to their favor and time.

There will be five of them. If exchanged once in seven

years, it will be annually 715

-----

$39,835

_Estimate of the probable calls on our foreign fund from July 1, 1790,

when the act for foreign intercourse passed, to July 1, 1791._

France, a Minister Plenipotentiary, his outfit $9,000

His salary, suppose it to commence August 1st 8,250

Extras 320

Secretary 1,237.5 - $18,807.5

Chargé, suppose him to remain till November 1st. Salary 1,500

Extras 117

His return, a quarter's salary 1,125 - 2,742

Madrid, a Chargé, his salary 4,500

Extras 350 - 4,850

Lisbon, a Chargé, (or Resident,) his outfit 4,500

His salary, suppose it to commence January 1, 1791 2,250

Extras 175 - 6,925

London, an Agent, suppose to commence October 1st, at

$1,350 salary 1,012.5

Extras, (at $100 a year) 75 - 1,087.5

Hague, an Agent 1,400

Morocco, Consul 1,800 - 3,200

Presents to foreign Ministers. The dye about 500

Two medals and chains 2,000 - 2,500

---------

$40,112

X.--_Opinion in regard to the continuance of the monopoly of the commerce

of the Creek nation, enjoyed by Col. McGillivray_:

July 29th, 1790.

Colonel McGillivray, with a company of British merchants, having hitherto

enjoyed a monopoly of the commerce of the Creek nation, with a right

of importing their goods duty free, and considering these privileges

as the principal sources of his power over that nation, is unwilling to

enter into treaty with us, unless they can be continued to him. And the

question is how this may be done consistently with our laws, and so as

to avoid just complaints from those of our citizens who would wish to

participate of the trade?

Our citizens, at this time, are not permitted to trade in that nation.

The nation has a right to give us their peace, and to withhold their

commerce, to place it under whatever monopolies or regulations they

please. If they insist that only Colonel McGillivray and his company

shall be permitted to trade among them, we have no right to say the

contrary. We shall even gain some advantage in substituting citizens of

the United States instead of British subjects, as associates of Colonel

McGillivray, and excluding both British and Spaniards from the country.

Suppose, then, it be expressly stipulated by treaty, that no person

be permitted to trade in the Creek country, without a license from the

President, that but a fixed number shall be permitted to trade there at

all, and that the goods imported for and sent to the Creek nation, shall

be duty free. It may further be either expressed that the person licensed

shall be approved by the leader or leaders of the nation, or without

this, it may be understood between the President and McGillivray that the

stipulated number of licenses shall be sent to him blank, to fill up. A

treaty made by the President, with the concurrence of two-thirds of the

Senate, is a law of the land, and a law of superior order, because it not

only repeals past laws, but cannot itself be repealed by future ones.[24]

The treaty, then, will legally control the duty acts, and the acts for

licensing traders, in this particular instance. When a citizen applies

for a license, who is not of McGillivray's partnership, he will be told

that but a given number could be licensed by the treaty, and that the

number is full. It seems that in this way no law will be violated, and

no just cause of complaint will be given; on the contrary, the treaty

will have bettered our situation, though not in the full degree which

might have been wished.

FOOTNOTE:

[24] [At a later period, upon reviewing this opinion, the

following note was appended by Mr. Jefferson.--Ed.--viz.]

"Unless with the consent or default of the other

contracting party. It may well be doubted, too, and perhaps

denied, that the treaty power can control a law. The

question here proposed was then of the first impression.

Subsequent investigations have proved that the contrary

position is the more general truth."

XI.--_Opinion respecting our foreign debt._

August 26, 1790.

The Writings of Thomas Jefferson, Vol. 7 (of 9) Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private · 第 4 / 7 章