John Jay Papers
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James Duane to Robert R. Livingston, John Jay, Gouverneur Morris, and Robert Yates, 19 April 1777

James Duane to Robert R. Livingston, John Jay, Gouverneur Morris, and Robert Yates

Philad 19th. April 17771

My dear Sirs

We arrived in this City on Wednesday afternoon.2 If you talk seriously to its Inhabitants you’l find them full of the Expectation of ^a Visit from^ Genl Howe’s but examine their Conduct and the Appearance of everything about you, & you cannot but conclude that they are in a State of the most perfect Tranquility and Security. Talk to them about the scandalous depreciation of the continental and other paper money: and the extravagant Prices of all Commodities, they may go so far as to express their Concern; but they ^afect to^ consider it as an irremediable misfortune and nothing is farther from their Thoughts than to provide a ^Plan for^ Reformation— Their Supreme executive have adjourned themselves for a Month— Executive adjournd, say you, how is that possible? Sirs they have adjournd; not for Want of Business, for surely no Country ever cried more loudly for a vigilant active and decisive Government. They have adjourned because—faith I cannot tell you why—perhaps ^for^ the Want of Authority to save their Country under their new Constitution—perhaps for want of Resolution to exercise the power they have. Under these Circumstances, the civil Governours having in affect abdicated for a month, Congress has interposed and supplied an executive as you’l observe by the Resolution enclos’d—3 with the free Consent of the sleeping executive Congress might have taken the whole power of the State into their Hands and provided for it’s Safety as they pleasd.— It is evident that this same ^supreme authority^ executive are under Apprehensions that must incumber and defeat all Business— They must not make themselves Odious! The People may not [submit to?] ^be satisfied with^ such a Measure! They wish Congress would direct what they think best! They will chearfully submit every thing to our superior Wisdom &c. &c. I am of Opinion that Congress will recommend the Arrival of the Committees ^of Inspection &c.^ as essential to the Salvation of the State— It is truly the only System which can give sufficient Vigour Unanimity and Stability to publick Measures. These refined Speculative Plans may amuse: in times of peace they may produce Happiness: But Flagrante bello they afford no Hope of Success, no Prospect of Advantage—

The Reputation of our State stands high tho’ on the floor we are surrounded with Strangers. This is an evil which will be cured by good Manners and Sociability— It is in our power to be civil, as we keep House, and shall always have company when we dine at Home. I say we keep House, as we have taken a boarding House for our exclusive Use—

We ^have^ got a Committee appointed to of one Member from each State to examine into General Schuyler’s Conduct: but not without great difficulty and objections from our Neighbours— It was pretended That there was not Complaint against him; no Accusor & that therefore an Enquiry was absurd— This subtle Evasion did not pass. I am confident that Schuyler will be acquitted with Honour.4

Docter Young formerly of our State has published an Address to our Mountaineers advising them ^to^ be firm in their Revolt; and expresly assuring them that this is the Opinion & wish of many leading members of Congress—5 Col. Floyd6 assured ^informd^ us that he had not been able, tho’ he livd with Roger Sharman, to make the least discovery of such a disposition—

I have only time now to add that I am with Complements to all our Friends, and the utmost Regard to yourselves Dear Gent. Your most Obedt huml Servt

Jas. Duane

Robt. R. Livingston
John Jay
Gouvr. Morris & Robt. Yates Esqr.

ALS, NNC (EJ: 5558). Enclosure: resolution of Congress concerning the government of Pennsylvania, 15 Apr. 1777, JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 7: 268–69.

1Duane’s reasons for addressing his letter to these members of the New York Convention are not clear. JPC description begins Journals of the Provincial Congress, Provincial Convention, Committee of Safety and Council of Safety of the State of New-York (2 vols.; Albany, N.Y., 1842) description ends does not record their appointment to any committee responsible for corresponding with New York’s delegates in Congress in the spring of 1777. However, all four had recently served with Duane on the committee assigned to draft the new plan of government.

2Duane and Philip Livingston. LDC description begins Paul H. Smith et al., eds., Letters of Delegates to the Continental Congress, 1774–1789 (26 vols.; Washington, D.C., 1976–98) description ends , 6: 603.

3The governmental crisis in Pennsylvania under the state constitution ended after new assembly elections in February 1777. On 4 Mar. the legislature was able to organize, and the first president of Pennsylvania’s Supreme Executive Council, Thomas Wharton, was elected. However, on 21 Mar. the assembly adjourned until 12 May, leaving the president and council to act in cases of emergency. The council met only until 9 Apr., when members of the executive body were granted payment for their attendance and left for their homes until council sessions resumed on 6 May.

On the last day of council meetings, a congressional committee conferred with Pennsylvania officials on measures to be taken “for opposing the enemy, if they should attempt to penetrate through New Jersey, or to attack Philadelphia.” Five days later Congress adopted the committee’s recommendation that a committee of three be named to “confer” with the president of Pennsylvania, the state Board of War, and Pennsylvania delegates in Congress “concerning the mode of authority which they shall conceive most eligible to be exercised, during the recess of the house of assembly and council.” On 15 Apr. this committee submitted its report, which, as adopted by Congress, provided that the president of Pennsylvania, with “as many members of” the executive council “as can be convened,” and the Board of War and Navy Board of the state should “exercise every authority to promote the safety of the State, till such time as the legislative and executive authorities of the commonwealth of Pensylvania can be convened.” Journals and Proceedings of the General Assembly of the Common-Wealth of Pennsylvania (Philadelphia, 1777), 1: 56; “Minutes of the Supreme Executive Council of Pennsylvania,” Pennsylvania Colonial Records (16 vols.; Philadelphia and Harrisburg, 1851–53), 11: 204–6; JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 7: 246, 263–64, 268–69.

4The need to defend Philip Schuyler’s professional and personal reputation had not ended when Congress declined to accept his resignation in October 1776. Indeed, the exoneration of the general’s character was one of the major duties of the New York delegation in Philadelphia in the spring of 1777. Schuyler’s position in the army was threatened at the end of March 1777, when Congress named Horatio Gates to command the American troops at Ticonderoga without stating explicitly whether Schuyler or Gates was to be in charge of the Northern Department. Schuyler himself took his seat in Congress for the first time since 1775 on 7 Apr. 1777, and on 18 Apr. a congressional committee was named “to enquire into the conduct of Major General Schuyler, since he has held a command in the army of the United States.” For Schuyler’s threatened resignation in 1776, see above, Edward Rutledge to JJ, 24 Nov. 1776, n. 2; Gerlach, Philip Schuyler description begins Don R. Gerlach, Proud Patriot: Philip Schuyler and the War for Independence (Syracuse, N.Y., 1987) description ends , 287–90; JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 7: 202, 279–80; LDC description begins Paul H. Smith et al., eds., Letters of Delegates to the Continental Congress, 1774–1789 (26 vols.; Washington, D.C., 1976–98) description ends , 6: 597–98.

5Dr. Thomas Young (1731 / 32–1777) published his letter “To the Inhabitants of Vermont, a free and independent State . . .” on 11 Apr. 1777. The inhabitants of the Hampshire Grants had formed a separate state, to be called Vermont, on 15 Jan. 1777, and their “Declaration and Petition” seeking congressional support for their “freedom and independence” was read in Congress on 8 Apr. 1777. “To the Inhabitants of Vermont . . .,” Early Am. Imprints description begins Early American Imprints, series 1: Evans, 1639–1800 [microform; digital collection], edited by American Antiquarian Society, published by Readex, a division of Newsbank, Inc. Accessed: Columbia University, New York, N.Y., 2006–8, http://infoweb.newsbank.com/ description ends , no. 15649; Declaration and Petition, 15 Jan. 1777, DNA: PCC, item 40, 1: 135–72; JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 7: 239; for the early intrusion of Vermont into New York and congressional politics, see “The Vermont Lands” (editorial note) on pp. 63–64; Petition to the Earl of Dunmore, 12 June 1771, above; and Robert R. Livingston to JJ, 4 June 1776, above, n. 2.

6William Floyd (1734–1821) was JJ’s colleague on the New York delegation to the First Continental Congress and served intermittently in the Second Congress, May 1775–December 1776.

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