Part 257

When the members of the New England Company formed their contract with William Williamson as agent for the Georgia Mississippi Company, in September, 1795, I had not the least interest in the concern. Upon the advice of my friends, and at their solicitation, between that period and the first of December, I agreed to become interested, and accepted of a certain share, which was procured for me by a voluntary relinquishment of a part by several gentlemen for that purpose. In January, 1796, the agents came on from Georgia to give the conveyance, and I was deputed as agent for many of the proprietors near Connecticut river; to discharge which trust I proceeded to Boston. Before the business was closed my principals arrived; a variety of considerations induced me to relinquish the adventure, such as the difference of climate, the distance of the property, the warlike habits of the natives, and the want of capital, and before the time of which I am about to speak, I relinquished my right to two friends from Connecticut. Thus my concern with the Georgia lands, as I thought, was closed for ever. But on the evening of the Sunday next preceding the second Tuesday of February, 1796, Ashbel Stanley, then of Coventry, in Connecticut, applied to Oliver Phelps, Esq., and myself, and requested us to become surety for him and Jeremiah Ripley, Esq., of said Coventry, (they being partners in trade,) to the Georgia agents, for the space of sixty days, to the amount of $75,000, and assigned for reason that the agents would not take notes signed in the name of the firm, and that he only wanted our names till he could have an opportunity to procure the name of Judge Ripley as an endorser to his notes. The great esteem I had for Judge Ripley, and a knowledge of his ability, induced me to give Mr. Phelps, as I was about to return to Connecticut, a written engagement to assume one-third of the risk, in case he should think it best to make the endorsement. Mr. Phelps made the endorsement for Stanley, and took into his hands, as security, Stanley’s conveyance of seven hundred and fifty thousand acres of Georgia Mississippi Company’s land, for which the endorsement was given; and, also, an assignment by Stanley of one hundred thousand acres more, which Seth Wetmore assigned to Stanley. Stanley failed. Judge Ripley denied the authority of Stanley to use his name in a land contract, and Mr. Phelps and myself, as endorsers, had to meet the $75,000. On the fourth day of May, one thousand seven hundred and ninety-eight, we satisfied these obligations, and they were cancelled and delivered up. To acquire the means of satisfying these endorsements, we were compelled to dispose of 670,000 acres of his land, besides a vast deal of other property. When we called for the scrip on the two thousand acres, conveyed by Wetmore to Stanley, and by Stanley to Phelps, we found that Wetmore had conveyed the same land to Israel Munson, merchant in Boston. Here a new difficulty presented itself, which has been but lately removed. On the 30th of August, 1803, Mr. Phelps, to enable me to close this dispute, gave me a conveyance of these one hundred thousand acres; and on the 8th of September, in the same year, I effected a final settlement with Mr. Munson, of his claim for the joint benefit of Phelps and Granger. This explains the conveyances from Mr. Phelps and Mr. Munson to me, and these facts can be proved by these gentlemen, and by Judge Ripley, Amasa Jackson, Esq., of New York, Joseph Lyman, Esq., of Northampton, Massachusetts, Clerk of the Supreme Court, John Peck, &c.

On record will also be found a conveyance of one hundred thousand acres, of December 8th, 1803, from John Peck to me. In this property I have not the least interest. It is deposited in my hands in lieu of special bail, in two cases, in favor of Eli Williams, of Hagerstown, against John Peck, of Boston, now pending before the court in this district. John Thompson Mason, Esq., knows this fact.

Finally, I have never been a dealer in this property, nor otherwise than is herein stated, interested therein; excepting only that in one instance I have received some scrip of a gentleman, whose fortune was consumed by his adventuring in the property, for a demand which was subsisting before the 13th of February, 1796.

Secondly, As to my accepting the agency. On the 17th day of February, 1803, the Commissioners on the part of the United States reported to Congress in favor of a compromise of these claims and Congress afterwards, in the same session, made an appropriation of the 5,000,000 acres of land, to satisfy such demands as Congress might think best to provide for. Thus stood the business without a single objection within my knowledge to a compromise, when, in August, 1803, one of the directors of the New England Mississippi Company, solicited me to accept an agency in the business. Although I could not see any objection to it, as I was personally interested, and the duties of my office had not the least possible relation to the business, still I was not willing to accept the agency without advice. Accordingly I stated the case to the last Attorney-General, who suggested that he would not be understood to give any opinion on the subject, but for his part he could not perceive the least objection to my acceptance. After this the agency was accepted, and I can with the greatest truth aver, that I then had not the least idea of any objection on the part of Congress. The only difficulty contemplated was that of bringing the claimants and the Commissioners to an agreement.

Lastly. As to my conduct as agent. I acknowledge that I have, in an open, fair, and plain manner, vindicated the rights of the company I represent. But I deny my attempting to make use of any kind of influence.

Here I appeal to the Commissioners, whether I have ever attempted to press any thing in relation to the business. I make the same appeal to you, sir, and to every other member of the two Houses of Congress. If I have been guilty of what is charged upon me, there must be some one ready to rise up, and bear testimony against me. I trust I have virtue enough not to attempt improperly to influence any man. If not, I hold the members of Congress in too high respect to deem them capable of yielding to any improper influence.

For the truth of this statement, I appeal to the Author of my existence; and, in support of it, I pledge my character to you and to my country. I cannot close this letter without offering my ardent desire for an investigation of my conduct.

I am, sir, with high esteem and respect, your humble servant,

GIDEON GRANGER.

An act of Congress has since passed to prevent members from taking government contracts; but the act did not extend to their sons, brothers, and nephews, and the spirit of it has been often eluded.

Mr. Randolph was the great opposer of these claims in Congress, and General Jackson their great opposer in Georgia. It was he who roused the feeling which overthrew the General Assembly who made the grant, and elected the legislature which annulled their act, and burnt the record of it. He was in the Senate of the U. S. with Mr. James Gunn, the Senator alluded to in the debate as being engaged in the fraud, and lost his life in the last of the many duels which his opposition to this measure brought upon him.

With this session ended the first term of Mr. Jefferson’s administration, and the end of that term presents a natural occasion for reviewing the working of the Government in its point of chief contact with the people--receipts and expenditures. These were kept at the lowest point. The internal taxes had been repealed: the custom house duties had not been increased. For, though the change of many articles from the ad valorem to the specific list, had the effect of increasing the revenue, yet it did not increase the duty, the object being to prevent frauds and to simplify and cheapen the collection. The duties themselves, both the specific and the ad valorem, remained at the low and moderate rates which characterized the early periods of our Government. The average of the specifics, on the leading articles, were: on spirits, 29 cents per gallon; on wines, 32 cents per gallon; on teas, 16 cents per pound; on coffee, 5 cents per pound; on sugars, 2½ cents per pound; on molasses, 5 cents per gallon. The ad valorems were simplified to three rates, which in fact were but two, the third and highest rate only applying to luxuries, which were but little imported; and the lowest rate applying to the bulk of the importations. Thus the highest rate (20 per centum) in an importation of near forty million dollars worth of merchandise paying ad valorem duties, only fell upon $425,000 of that quantity, while the 15 per cent. fell upon $7,640,000 worth, and the 12½ per cent. rate fell upon 31 millions of dollars worth. The average of all the ad valorems was about 13 per centum; and such was the cheapness of this simplicity of impost, that the cost of collection was only about 4 per centum, and the revenue cutter service almost null. The net revenue yielded was twelve millions and a quarter, of which there went to the principal and interest of the public debt, about eight millions; to the army and navy, about two millions; miscellanies, about half a million; tribute to Algiers, near $200,000; diplomatic intercourse, $60,000; and about $600,000 to the civil list--comprehending the entire support of the Government in all its branches--executive, judicial, and legislative. And thus the moderate duties of that time, upon the moderate importation of that time, with the economy of that time, produced nearly twenty times the amount of revenue which the support of the Federal Government required.

Okefonokee Swamp, covering one-fourth of Georgia, 15,000 square miles--the great refuge of fugitive slaves, white outlaws, and depredating Indians.

The whole object of the bill was the purchase of Florida, but it not being desirable to avow that purpose, the object was covered up in the vague phrases of extraordinary expenses in foreign intercourse. The following is the act as passed:

That a sum of two millions of dollars be, and the same is hereby appropriated towards defraying any extraordinary expenses which may be incurred in the intercourse between the United States and foreign nations, to be paid out of any money in the Treasury not otherwise appropriated, and to be applied under the direction of the President of the United States, who shall cause an account thereof to be laid before Congress as soon as may be.

The Marquis de Casa Yrujo. He was recalled.

This expunging was so complete that no vestige of the expunged matter appears in the Journal; but it is otherwise well known what it was. The two named persons had presented memorials, which had been received and read, stating that they were under a criminal prosecution, now depending in the Circuit Court of the United States for the district of New York, for an alleged offence against the laws of the United States, in which, if guilty, they have been led into error by the conduct of officers of the Executive Government, who now intend to bring upon the memorialists the penalties of the laws, to sacrifice their characters, fortunes, and liberty, in expiation of their own errors, or to deprecate the vengeance of foreign Governments, by offering the memorialists as victims to their resentment: that they have also experienced great oppression and injustice in the manner of conducting the said prosecution; and praying such relief therein as the wisdom of Congress may think proper to grant.

The prosecution was for an alleged breach of the neutrality laws, in fitting out a vessel from New York against a Power with whom the United States were at peace, to wit, the King of Spain. The vessel was the Leander, and built for General Miranda, then engaged in his South American expedition. The implications of the Executive Government which the memorials charged, were voted, by the House of Representatives, to be unsupported and reprehensible, and ordered to be returned to the parties from whom they came. The following was the resolve, adopted nearly unanimously, on the motion of Mr. Early:

Resolved, That the charges contained in the memorials of S. G. Ogden and William Smith are, in the opinion of this House, unsupported by any evidence which, in the least degree, criminates the Executive Government of this country; that the said memorials appear to have been presented at a time and under circumstances insidiously calculated to excite unjust suspicions in the minds of the good people of this nation against the existing Administration of the General Government, and that it would be highly improper in this House to take any step which might influence or prejudice a cause now pending in a legal tribunal of the United States. Therefore, Resolved, That the said memorials be by the Clerk of this House returned to those from whom they came.

The constitutional power of Congress to prohibit the importation of slaves into States, did not accrue till the year 1808; but Territories not being States, the constitutional prohibition had no application to them.

This was the public commencement of Mr. Randolph’s separation from the Administration of Mr. Jefferson; but his dissatisfaction had begun before, at the retention of Mr. Granger, Postmaster-General, in the Cabinet, after it was known that he was the agent of the New England Mississippi Land Company.

Since the statute of 13th William the Third, the British Judges are removable upon the joint address of the two Houses of Parliament, notwithstanding they are commissioned, since that statute, during good behaviour--quamdiu se bene gesserint. Before that time they were commissioned during the royal pleasure--durante bene placito: and it was usual, during profligate reigns, when convictions of obnoxious persons were required, to remove such of the judges as could not be relied on, and appoint a subservient set in their place. The act of William the Third made them independent of the King, but not of the Parliament representing the country. Their independence of the crown was completed by the statute 1 George III., which prevented the vacation of their commissions on the demise of the sovereign.

This is the true view of the constitution, and of our policy, and the motive to the confederation of 1778, and to Union of 1787. Defence was the object, and the policy--so declared in the instruments of confederation and of Union, and so proclaimed by every consideration of policy. And for defence, the United States are the strongest power in the world. Her railroads in a few days would place a million of volunteers, if needed, on any point of land attack: her privateers would clear the seas of the enemy’s commerce. And these two great means of defence would be as cheap as effective; superseding the old expensive policy of “preparing for war in time of peace.”

The practice of pronouncing funeral eulogiums over deceased members had not been yet adopted. Attending the funeral, and wearing the badge of mourning, were deemed the adequate honor; and well worthy was General James Jackson of it. He was a man of marked character, high principle, and strong temperament--honest, patriotic, brave--hating tyranny, oppression, and meanness in every form; the bold denouncer of crime in high as well as in low places; a ready speaker, and as ready with his pistol as his tongue, and involved in many duels on account of his hot opposition to criminal measures. The defeat of the Yazoo fraud was the most signal act of his legislative life, for which he paid the penalty of his life--dying of wounds received in the last of the many duels which his undaunted attacks upon that measure brought upon him.

The item for contingent expenses of the Navy, comprises commissions to agents to foreign countries and in the United States, officers’ travelling expenses, expense of conveying seamen from one port to another, as for instance where seamen are entered in Philadelphia or Baltimore to join a vessel fitting out at Washington, the expense of nautical instruments, such as compasses, quadrants, spy-glasses, &c., charts, books, models, drawings, signals, lanterns, oil, candles, clamps, fuel, hammocks, trumpets, glass, cisterns, cases, mess kids, axes, gridirons, tea kettles, galleys, shovels, tongs, charcoal, sulphur, saltpetre, fire engines, fire buckets, bread bags, and an infinite variety of other such articles, not expressly provided by law.

Two frigates.

The item for ordnance comprises cannon, carronades, swivels, blunderbusses, muskets, pistols, swords, boarding-pikes, cutlasses, cannon ball of every description, musket and pistol ball, cannon, musket, pistol and priming powder, powder horns, priming horns, flannel and paper cartridges, cartridge boxes, slow match, lint stocks, worms, rammers, sponges, wads, gun-locks, screw-drivers, flints, cartridge thread, &c.

The error which now prevails (with so many) on the subject of the fishing bounties and allowances, is one which strongly illustrates the evil in our legislators, of not being sufficiently acquainted with our early Congressional history. They are now held by many--by enough to prevent their repeal--to be bounties out of the Treasury for the encouragement of the fisheries as a nursery of seamen, when their whole history proves that they were denied when asked on that ground, (bounties out of the Treasury to any branch of industry being equally unconstitutional and impolitic,) and only granted on the principle of drawback--as a refunding of duty paid on foreign salt exported on fish; and as such applied at first to all salted provisions, both beef and pork as well as to fish. And as such drawback these bounties and allowances rose and fell with the salt tax as long as national legislation was under the control of our earlier generation of statesmen; but since near thirty years this dependence of the bounties and allowances upon the salt tax has ceased to be known, and, while the duty has been undergoing reductions, the bounties and allowances have remained at the highest rate they ever attained when the salt duty was at its highest rate. The want of this knowledge has cost the public treasury some millions of dollars; and is still costing it some hundreds of thousands annually.