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To George Washington from James Innes, 17 January 1797

From James Innes

Virga Richmond Jany 17th 1797

Dear Sir,

The peculiarity of my present situation must plead my apology for the intrusion of this letter. Since my acceptance of the office of Commissioner to carry into effect the 6th Article of the late treaty between the United States & Great Britain, I have been gradually preparing myself for the execution of that trust,1 by withdrawing from the functions of my profession, and by a resignation of the office of Attorney General for this Commonwealth. The last event took place early in Novr past, at the meeting of our Legislature.2 The relinquishment of my practice as a Lawyer, I conceived indispensably necessary from the idea I had formed of the duties incident to the office of a Commissioner under the British treaty, not only from the impracticability of discharging the duties of a public office and of a laborious profession at the same moment, but from a supposition that possible events of embarrassment & delicacy might result from a combination of both occupations. the remuneration of my practice, could not from the nature of it, be an immediate act, because from the commencement of legal process (at which period the fees are generally paid) to the termination of the Suit, in its various courses many months, & sometimes years are consumed. Having been informed by the Secretary of State, immediately after the nominattion of the American Commissioners had been confirmed by the Senate, that it was not probable from the opposition which the house of Representatives had made to the British treaty, that the commissioners on the part of England would arrive in America sooner than the Autumn of the last year.3 I governed myself by that information in extrecating myself from every species of engagement, which might in any manner form even a temporary obstruction to an unembarrassed performance of the duties of a Commissioner. As to the resignation of the public employment I bore under this state; I found that measure necessary to shield my feelings from the calumny & persecution of a wild, & unprincipled faction which unfortunately predominates in the public councils, of this deluded Country to the members of which, a known attachment to the principles, & admmisitration of the Genl Government, that most hallowed Palladium of American liberty, & happiness, furnishes a sufficient pretext to vilify, & hunt down the possessors of it, as far as they dare, covering their wickedness under the sanction of public duty, & the prostituted terms of patriotism, & republicanism. As it was known, that I had accepted the office of Commissioner, (for I disdained to deny it) after the appointments had been announced in the public prints,4 the leaders of this Anarchic party, who had attacked me for the two preceeding sessions, on the score of my Western mission,5 were prepared to come forward on new ground—but I disappointed their malice, by a resignation.

This, then, is my present inconvenient situation—without employment public or private—perfectly suspended as to my future operations, surrounded by uncertainty, and unable to point my attention to a fixed plan of any kind. It is not probable that the English Commissioners will arrive during this inclement winter6—And three or four months spent in inactivity, and expense, would be heavily felt by one, whose fortune is small, & who depends on personal exertions for the maintenance & education of his family.7

Your having done me the honor to make to me a private communication on the subject of my nomination to this office, in which, you were pleased to express yourself in terms of politeness & regard, that will for ever command my warmest gratitude,8 has induced me to take the liberty of addressing you on this occasion. I should be unhappy, if my intentions in doing it, should in any way bear the semblance of impropriety, or that a candid developpment of my present embarrassment could be imputed to any other motive, than an anxiety arising from my situation, to be informed, when it is probable I may be called upon to enter on the functions of my appointment, that I may know, to what objects in the mean time, I may with propriety devote myself. With the most sincere, & cordial sentiments of perfect esteem, regard, & respect, I have the honor to be Dear sir yr mo. obt servt

Jas Innes

ALS, DLC:GW.

GW’s secretary George Washington Craik wrote Secretary of State Timothy Pickering from Philadelphia on 24 Jan. in part: “George W. Craik has the honor to inclose to the Secretary of State a letter from James Innes Esqr. of Virginia to the President. It is the request of the President that the Secretary would either furnish him with a sketch of an answer to said letter, or give him such information as he should think necessary to be communicated to Colo. Innes. Herewith is returned the Letter from Colo. Humphreys” (AL, DNA: RG 59, Miscellaneous Letters). Craik likely returned David Humphreys’s unidentified letter to Pickering about Barbary affairs, which Pickering submitted to GW with his letter of 23 Jan. (see n.1 to that document). Neither a letter from Pickering enclosing a draft reply to Innes nor a reply from GW to Innes has been found.

1For Innes’s acceptance to serve on the five-man commission appointed under Article VI of the 1794 Jay Treaty to determine the money owed British creditors for unpaid debts contracted before the 1783 peace treaty, see GW to Innes, 4 April 1796, and n.1; see also Innes to GW, 8 April 1796, and n.2 to that document. Innes and Thomas FitzSimons served as the two U.S. members of the commission.

2Innes wrote Virginia governor Robert Brooke on 13 Nov. 1796, enclosing letters to the speakers of both houses of the state legislature, which notified them of his official resignation as attorney general of Virginia (see Calendar of Virginia State Papers description begins William P. Palmer et al., eds. Calendar of Virginia State Papers and Other Manuscripts. 11 vols. Richmond, 1875–93. description ends , 8:397). On 16 Nov., a letter from Brooke “inclosing the resignation of James Innes” was laid before the Virginia Senate. That same day, the House of Delegates agreed to a resolution “to proceed … by joint ballot with the Senate to the choice of” a new attorney general. Bushrod Washington and Brooke were among the nominees “to be balloted for as attorney general.” Committees appointed to “examine the ballot boxes” found “a majority of votes in favor” of Brooke. Brooke became attorney general on 1 Dec., after stepping down as governor (Journal of the Senate of Virginia, 1796 description begins Journal of the Senate of Virginia. November Session, 1796. Richmond, Va., 1976. description ends , 3–4).

3The U.S. Senate approved GW’s nominations of Innes and FitzSimons to the Jay Treaty commission on 1 April 1796. On 6 April, Pickering wrote Innes that due to Congress’s delay in implementing the Jay Treaty, Thomas Macdonald and Henry Pye Rich, the British members of the commission, likely would not arrive in the United States until September or October 1796. For Pickering’s complete letter, see Innes to GW, 8 April, n.2; see also GW to the U.S. Senate, 31 March, and n.1 to that document.

For the initial efforts of the U.S. House of Representatives to undermine the Jay Treaty and for the House’s 30 April 1796 resolution to pass laws to implement it, see GW to Oliver Wolcott, Jr., 3 March 1796, and n.3; GW to the U.S. House of Representatives, 30 March 1796; Edward Carrington to GW, 22 April 1796; and Carrington to GW, 9 May 1796.

4GW’s appointment of Innes appeared in newspapers on 31 March 1796, the day of his nomination (see Gazette of the United States [Phildelphia], 31 March 1796).

5In 1794, Innes had received an appointment as a commissioner to advise Kentucky’s governing officials about U.S. negotiations with the Spanish over navigation rights to the Mississippi River. Innes’s mission served to both address the growing dissatisfaction in Kentucky with the Washington administration’s policies on western issues, such as navigation rights, and to quell potential separatist movements (see Kentucky Citizens to GW, c.24 May 1794; see also Edmund Randolph to GW, 15 July 1794 [first letter], 7 Aug. 1794, and 4 Oct. 1794; and Bemis, Pinckney’s Treaty description begins Samuel Flagg Bemis. Pinckney’s Treaty: A Study of America’s Advantage from Europe’s Distress, 1783–1800. Baltimore, 1926. description ends , 240–41).

6Macdonald and Rich arrived in Philadelphia in August 1797 (see GW to the U.S. Senate and House of Representatives, 7 Dec. 1796, and n.9).

7Innes married Elizabeth Cocke in 1778. The couple had a daughter, Anne Brown Innes, and at least one other child.

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