To John Jay from James Duane, 23 December 1777
From James Duane
Manour Livingston 23d. Decemr 1777
My Dear Sir
I did not receive your very obliging Favour of the 14th.1 Untill this morning. which It gave a Double pleasure as we have your promise of a Visit at the Manshion. Mr. Livingston, & indeed the whole Family, Join me in requesting that Mrs. Jay will be so kind as to accompany you. When the Legislature assembles you will be confind, & by that Time I shall be calld on Business to Albany, with which Congress have charged me in a measure quite suficient for the winter’s Amusement—2 Can you not then hasten your Visit so as to pass the Holydays at the Manour? In spite of our Enemies you will find us chearful and Sociable. The last sessions of Congress has, with respect to me, been a Campaign. I have had many dificulties to incounter From the particular Views & Instructions of our own State: the progress and issue of which, in Detail, will afford you some Amusement.
The Confederacy is upon a liberal Plan, calculated to establish general Security, and Social Intercourse, among the States; & to extinguish All territorial Disputes. There are only two points that can admit of much Debate— The Equality of each State in Congress; and the [mode] ^Ratio^, for assessing their respective Quotas of the publick charges: Both are copious Themes and have, & will, occasion much Controversy. When I see you I shall explain the different Principles on which the latter point Depends. Much may be said on either side. To regulate the comparative Value of and ability of each State by one fixed and permanent Medium is exceedingly Difficult. The Estimate of Landed property; & ^of the^ number of People, were opposed to each other— To both there are solid ^strong^ Objections, and perhaps All visible Property woud have given a preferable Rule.3 With the Confederacy is a Short Address from Congress to each of the Legislatures; which fully explains the difficulties they encountered in forming any System which coud be reconciled to the prejudices, the policy, & the Interest, of so many independent States. If it has it’s Weight the States will come to a Conclusion to endeavour to obtain Improvements which they conceive important; but to consent to the present Plan rather than delay a Measure essential to their Safety.4
When I got home I had the Affliction to find Mrs. Duane’s Health greatly impaird, her Spirits exhausted and a nervous disorder making Havock of her Constitution. My long absence for which she was not prepard, & the Approach and Ravages of the Enemy overcame the Fortitude with which she had been blessed— She flatters me that she is getting better; & I am sure I shall have your best wishes for her Recovery: the more especially as she has literally suferd for the Sake of her Country: for had she not conceald from me the declining State of her Health no earthly consideration coud have induced me to continue so long at Congress— She Joins me in affectionate Compliments to yourself & Mrs.Jay as do Col. & Mrs Livingston & my Daughter5 I am with great Regard Dear Sir Your most Obedient most huml. Servant
Jas Duane
Honl. John Jay Esqr
ALS, NNC (EJ: 5562). Endorsed.
1. See above.
2. The Continental Congress on 3 Dec. 1777 granted Duane a leave of absence but requested him “to confer with the commissioners for Indian affairs in the northern department and to give them every aid and assistance in his power, in their deliberations, conferences and treaties with the Indians.” , 9: 999.
3. Under article 8 of the Articles of Confederation, all common charges were to be apportioned among the states based on the value of lands within each state “granted or surveyed for any person, as such land and the buildings and improvements thereon” were estimated according to such mode as Congress directed. Each state was then supposed to levy taxes for payment of its portion. , 9: 913–14.
4. Congress approved the Articles of Confederation on 15 Nov. and adopted the covering circular letter to the states on 17 Nov. President of Congress Henry Laurens forwarded these texts to the states on 28 Nov. 1777. The articles did not go into effect until 1 Mar. 1781, after they had been finally ratified by all the states. , 9: 932–35; 19: 213–23; , 8: 336.
5. Maria Duane (1761–1813).