John Jay Papers
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To John Jay from Nathanael Greene, 24 June 1779

From Nathanael Greene

Smith’s Clove, June 24th 1779:

Sir

A late law has been passed by the legislature of the state of New Jersey, for the express purpose of taxing the Assistant and Deputy Quarter Masters General, which I am afraid will be productive of the most disagreeable consequences—1 This law appears so arbitrary and unprecedented upon any free principles of taxation, that I am surprized it ever had the sanction of a deliberative body—

Such a resolution might have been justified in a Committee, appointed from necessity, with powers to act at discression; who conceived themselves bound, neither by the constitution of the State, or by antient customs or usages, but by no other body of men, and who were at liberty to take their measures from conveniency, and not from a principle of equal Justice— This Law seems to be leveled at the staffdepartments, and appears to be such a stretch of power, under the sanction of law, as neither the constitution, good policy or common Justice can warrant. Should it be submitted to, it will establish a precedent, dangerous to the people, as well as the privilege of your Officers— Had it been confined to the officers of that State, its absurdity might have been less obvious, yet both dangerous and unjust. From persons discribed by the law, it appears to be designed to tax continental officers, who as such, have no more connection with that state, than any other; and may with equal justice be taxed by every other, as by that— Colonel John Cox and Mr. Charles Pettit seem to have been in contemplation in framing the law, as assistants Quarter Masters General.2 These Gentlemen cannot be described in that state in a taxable light, from their official Characters, altho’ they may reside there as common Citizens.— This being the case, who will serve in the department subject to the tax of every State, not from any equal principles with other citizens, but wholly under the influence of popular prejudice on private views—

Are staff officers necessary to the operations of the Army? If they are, why are these embarrasments thrown in their way? If they are not why is the public burthened with an unnecessary expense? If the conditions upon which they are employed are exceptionable, let there be a change, but let not those employed in the staff be subject to arbitrary impositions which cannot fail to drive every man out of the department that is worthy of trust; or capable of conducting the business.

Mr. Furman D.Q.M.Genl. for the State of New Jersey, has already resigned his Commission,3 and Colonel Cox and Mr. Pettit only wait to know the issue of a memorial presented to Congress;4 if this mode of taxation takes place in the other States, it is not difficult to foresee the dreadful convulsion that resignations in the staff department will produce— Let them be answerable for the consequences who cause the necessity— The business of my department is attended with so many obstructions, that it is with the utmost difficulty I can keep the wheels in motion, owing to the great scarcity of supplies, and the present depreciated state of the money. However strong the prejudices of the people may operate, with respect to the emolument of staff officers, I am persuaded you can make few alterations wherein the public interest will be benefited.

Should Mr. Pettit and Colonel Cox resign, I cannot be answerable for the consequences at this critical Juncture and in the present embarrassed state that things are in— I shall continue to do my utmost to execute the duties of the department, but will not be held responsible for debts contracted or monies disbursed, as I am confident it will throw every thing into confusion and to free myself from this incumbrance, I will take no fee or reward for any services I render in the department after their resignation. I have the honor to be Sir, your very huml Servant

Nath. Greene QMG

His Excellency John Jay Esqr.

ALS, DNA: PCC, item 155, 139–42 (EJ: 10935). Endorsed by Charles Thomson: “. . . Read July 1. / Referred to Mr. Duane / Mr. McKean / Mr. Burke.”

1“An Act to raise the Sum of One Million of Pounds in the State of New Jersey,” passed 8 June 1779. On 8 July the committee, having considered the 7 July memorial from Cox and Pettit, recommended that the New Jersey legislature revise the 8 June law so that “the sum assessed upon” their offices would not be “so much taken from the whole States for the benefit of a particular state,” thus reducing the allowance by Congress far below “what was intended and engaged.” Therefore they urged that the tax on account of their office be repealed and restitution made for any back taxes paid. Acts of the General Assembly of the State of New Jersey (Trenton, 1779); 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 , 14: 807–8.

2John Cox (1731–93) of Philadelphia and Charles Pettit (1737–1806), former secretary of the province of New Jersey, were appointed assistant quartermaster generals on 2 Mar. 1778. 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 , 10: 210.

3Moore Furman (1728–1808) was named deputy quartermaster general and forage master of New Jersey on 2 Mar. 1778. On 24 June 1779 he submitted his resignation to Greene and thereafter acted “by his particular desire as a Volunteer in the Department until the Cause of my resignation be removed or another is appointed.” Furman remained in the post on this basis until 19 Sept. 1780. Furman to Cox and Pettit, 29 June 1779, DNA: PCC, item 78, 5: 369.

4The memorial of Cox and Pettit was read in Congress on 18 June 1779 and referred to a committee comprising Thomas McKean, James Lovell, and William Paca. Ten days later the committee reported that “Congress cannot in any manner controul the legislature of New Jersey in the internal police of the said State” and suggested that Cox and Pettit seek redress from the New Jersey legislature if they felt themselves unjustly taxed. Further appeals to the legislature for repeal of the act and to Congress for indemnification for the tax failed to bear fruit, but the measure was eliminated from the tax legislation for the following year. DNA: PCC, item 41, 8: 72; item 19, 5: 109; 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 , 14: 744–45, 779–80; PNG description begins Richard Showman et al., eds., The Papers of General Nathanael Greene (13 vols.; Chapel Hill, N.C., 1976–2005) description ends , 4: 179–82. On the further investigations of the Quartermaster and Commissary departments, whose members were widely suspected of mismanagement, corruption, and profiteering, see also JJ to Greene, 15 July, enclosing a congressional resolution of 9 July 1779, DNA: PCC, item 14, 150 (EJ: 1107); PNG description begins Richard Showman et al., eds., The Papers of General Nathanael Greene (13 vols.; Chapel Hill, N.C., 1976–2005) description ends , 4: 233–36.

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