James Duane to John Jay, 22–24 August 1778
Manour Livingston, 22 d [–24] August 1778
My dear Sir
I have the Pleasure to acquaint you that M rs . Duane is in a great Degree restord to her Health; or rather that she has got the better of her nervous Complaint which entaild upon her Weakness & Lowness of Spirits and called for my utmost Care and Attention to prevent its ill Effects. That greatness of Mind and disinterested Love of her Country–to you I will boast–which have enabled her to sustain, without Murmur or Complaint, the Loss of the Tenderest Support, in the extremest Calamity, she has happily resumed, and is contented that I shoud again take my Seat at Congress. 1 Thus, the only Impediment being removed, I gave notice to his Excellency the Governour on the 21 st . of last month that I was preparing for my Journey and shoud shortly wait on him for his Commands.
About a week afterwards I was unfortunately seized with a Fever. I tried to remove it by fasting 5 or 6 days and it seemd ^ so far ^ to have a good Effect: but left me very weak and without any appetite, and what was worse tho– I felt pretty easy and had no apparent Symptom of a Fever, I had not slept for 6 or 7 Nights. I could perceive I ^ grew wild: ^ and began to be alarmd for my Reason: and concluded to send for a Doctor. As I feard and expected he proceeded with me secundum Artem . 2 All the Evacuations were at once set a going besides Blisterings and Bark in Abundance. He persuaded me & my Friends that I was very ill, and, in fact, in Spite of the best Constitution in the world, confirmd me a Sick man: for the which I reverence his Skill! Indeed His Evacuations have left me very feeble and I think I lose as much every night–for it is sad Weather for a [Vetching?]–as I gain in the day. But then I am in good Spirits & the Bark gives me an Appetite; and I am determind to mount my Horse. All which with God–s Blessing, will I hope soon reestablish my Health, and enable me to pursue my Journey to Philadelphia, for which I am anxious, as I hear M r . Duer has again ^ expressed ^ an Inclination to visit his Friends here, & he certainly ought to be relievd.
I have written my Sentiments with freedom to the Governour about General Schuyler–s taking his Seat in Congress before he has passed his Trial. 3 I doubt whether it will not be Disputed in Congress–and if it shoud not, his Enemies will put the worst Construction upon it, as if he takes the Advantage to be in the way of catching favors and establishing an Interest with Congress against the hour the Report of the Court-Martial is presented. What, now that Congress have specified his Crime, can be answerd I mean satisfactorily To such an Imputation? No body was more rejoiced than myself at General Schuyler–s being reappointed a Delegate. The State owed it to him. As by omitting him, at the time he was under the most cruel persecution, they seemd to subscribe their free Consent, and to lend their Aid to his Disgrace and Destruction. The Majority of the Legislature were undoubtedly incapable of such illiberal Conduct ^ intentionally ^ towards a faithful servant: but still with the World it doubtless had all the Effect I have intimated.
You cannot doubt my Zeal for Schuyler on this Occasion. I look upon him to be the most injured man living; originally I enterd seriously into his Cause because the Convention instructed me so to do. 4 I have since embarrassed myself in great Difficulties, made myself many Enemies, & ^ even ^ exposd myself to personal Danger on his Account. I know many of the Legislature who were leading members did not thank me for it. I coud cannot ^ however ^ change with every wind, and alter my Sentiments, only, because providence has produced unexpected or alarming Events. I thank God that he has given me so much Inflexibility as is necessary for Reason & Judgement to have fair play. I know it stands in the way of Ambition and Self Interest and is an Enemy to Popularity: but then it preserves to a Man that Consciousness of Rectitude and peace of Mind which can alone afford solid Satisfaction and are indeed the highest Attainments of human Nature. I say this much to satisfy you, tho– I hope it is unnecessary, that in wishing that General Schuyler may be diverted from taking his Seat in Congress previous to his Trial, I consult his Honour and the Honour of the State which is in some degree involved in the propriety or Impropriety of the Conduct of it–s Delegates.
I fear we shall have a warm Winter at Philadelphia. The great backwardness in signing the Association gives me pain. The principle on which I understand one or two of the States dissent points Directly against our western territorial Rights. 5 They are Solicitous to set up a Right of Conquest in Congress to all Crown Lands; & however absurd such an Idea, Interest reconciles it to the Selfish. Our North Eastern Jurisdiction, however clear and unquestionable, will also give a great deal of Trouble & Vexation. The Appointm t . of General Stark to command at Albany, who is the avowd advocate for Vermont, as it is called, has done mischief; as he openly decides in its favour as a State– For Proof– Some Persons supposed to be Friends of the State of New York, which is the highest species of Toryism with them–were seized & ordered by their Authority to be sent to the Enemy–s Lines, thro– the State of New York.– At Albany, on their own petition, the Civil Magistrates demanded them as Citizens of our State from General Starke to whom they had been Delivered– He sagely replied –that New York had enough to do with its own Tories, and need not concern itself with those of the State of Vermont .– This was the Judgement of a General of the thirteen united States, placd by General Gates to command at Albany! A General who might be of ^ singular ^ service in the field ^ (for he will fight) ^ but for Council (& having no Troops he can only direct & advise) his Inability stands Confessed: for it is evident on the Slightest Conversation. Oh my poor abused Country how art thou made a property of, an Instrument a Machine! and how little have I the power with the warmest Inclinations, to extricate thee from thy Disgrace!
Another Circumstance– I am told Congress have given Ethan Allen a Colonel–s Commission for his Sufferings & Services. 6 He immediately repaird to Charlotte & accepted the Office of Attorney General in which he has prosecuted a Citizen, I believe a very unworthy one, to Death. 7 In Conversation with the Chancellor this Hero declard that Vermont at present was contented with moderate Bounds: but, if these coud not be enjoyed in peace, they shoud extend them by right of Conquest! Did you ever hear a more insolent threat to ^ one of ^ the Chief ^ [Super?] ^ Magistrates of Newyork a Country ^ in the Union ^ & by a Col. of the 13 united States who is bound by Duty & Honour to maintain the Rights of those States so long as he receives their pay & continues their servant. I want you, my dear Sir, to consider all these things deliberately and to prepare Remedies before the Evils become incurable. Your Delegates may do much: but they want legislative Acts and Instructions to give Weight & Consequence to their Propositions: but where am I running? no Body knows those Matters better than yourself.
I have one proposal more to recommend–you remember the Clause in the Constitution respecting the Judges & Chancellor–s Eligibility to Seats in Congress. 8 This Fall, or winter, that necessity will I am confident take place. Use therefore your Endeavours to get a power vested in the Governour to send you if & the Chancellor ^ to Congress ^ if the disputes respecting our territorial Rights ^ shoud ^ come before them as I foresee they inevitably Must. You remember Sir that it was this very Case on which the Clause in the Constitun was founded. I cannot, I will not, undertake this important Business without your Aid. If I know my own Heart, my private Interest lies buried in Silence & has not in the least operated on my Conduct: But yet the Secret whisperings of the Advocates for our Revolters, not only chagreen me: but must in some Degree lessen the Weight of my Arguments. He is biassed! he is interested against these poor people! Says Rog. S. 9 & it is whisperd thro– the Room by our good naturd neighbours. The Impression of the best Remarks must under these Circumstances be enfeebled. Whereas coming from you & the Chancellor the very same Remarks woud be unexceptionable, and fall with resistless Weight. I ought however to acknowledge the Candour with which Congress once heard me speak on this Subject: but I was then Surrounded by Gent[lemen] whose Esteem I had acquird, & who I believe thought me incapable of deceiving. Now I shall appear again among Strangers, have a Character to establish, and scarce see any face but what frowns on the Rights of my Constituents; & woud be quite satisfied with my Absence.
I hope to be favourd with a Letter from you before I set out. I am too feeble to fix the time: but it will not be delayd one moment unnecessarily, as I am set upon going & have at present nothing to hinder me. 10 Let me know all you wish to have done at Congress; your Opinion will with me have the greatest Weight. Let me state a Case to you which, does not, But possibly may soon exist.
Suppose Congress shoud obtain from abroad a Loan of 3 or more millions of dollars in Specie. Quere how can it be applied to the best Interest of the united States? The Question comprehends both good policy, Justice, and publick faith: as well as mere publick Interest. It is intricate and delicate. I will make a few remarks upon it, by way of Elucidation. If Congress shoud, with this specie, pay the publick debts: it is plain that the Creditor woud besides the enormous price of his Commodity, receive at least four Dollars for one: for that in our corrupted State is the lowest difference between hard money & Con[tinenta]l. Will this be doing Justice to the publick? If the hard dollars ^ on the other hand ^ –should be paid away at their comparative Value, four to one: Will not Congress subscribe to the Depreciation of their own money? How far will the Lender have a Right to complain of a Breach of faith? or will such a universal Sink of the original Value Justify Congress in the Measure to prevent the distress–nay the Ruin of the Country?
Can any line be struck between those who lent their money at first when the depreciation was not considerable: & those who lend it now it is worth no more than 1/4 of its original Value, & procure it in Commerce at that Rate? Your Ingenuity will lead you to make the most of the Subject and I hope to be favoured with your Conclusion: not for Speculation but practice: as probably I may be again calld to my old Station at the Treasury board in which Case such Subject must originate with me & I wish for every Aid. 11
I believe after this long Scrawl you will believe I have entered fully into the Spirit of my Station– I am only afraid I think too much to get well as soon as I otherwise might– But I will draw to a Conclusion.
M rs . Duane Joins me in respectful Compliments ^ to yourself & M rs . Jay ^ ;–a Visit from you woud make all this Family, me in particular, very happy– I particularize myself because I think it woud also be of publick benefit, as we might compare our Sentiments on a Variety of Subjects–
Excuse the defects of this Epistle. I write to you with freedom & Candour, because I flatter myself you know the sincerity of my Heart & the Uprightness of my Intentions– I have no Time nor Strength to transcribe or Correct; nor when I open my heart to you do I think it necessary. With the Sensibility of a Friend you will forgive all its failings. I am My Dear Sir With the greatest Regard Your Affectionate & most Obedient humble Serv t
Ja s . Duane
24 [August]: Since writing the preceeding I have been troubled much with the fever, but am again clear of it this morning, so that I can take the Bark. I think I have other favourable Symptoms which encourage me to hope I shall now mend. As yet I am quite feeble but in fine Spirits.