To George Washington from James McHenry, 9 May 1796
From James McHenry
9th May 1796.
Sir
I have the honour to submit for your inspection a draught of a letter to Lord Dorchester, made out agreeably to the idea presented in the attorney generals letter, which corresponds with the second draught I had the pleasure of reading to you on saturday, and yesterday morning.1 I beleive it is the safest ground to move upon, and the most correctly constitutional. I have shewn it to Mr Lee & Mr Woolcot who approve of it.
If you should be of opinion that any thing like the inclosed private instruction to Capn Lewis might be useful, I shall correct it and have it ready with the other letters.2
I expect the Senate to concur in the additional article to the British treaty to-day, and if you advise it, will dispach Capn Lewis to-morrow.3
Mr Murray was out of town yesterday, but is expected to return this morning. I shall see him of course. With the sincerest respect I have the honour to be Sir Your most ob. st
James McHenry
ALS, DLC:GW; LB, DLC:GW; ADf, DLC: James McHenry Papers.
1. Saturday was 7 May. A later draft dated “May” of McHenry’s letter to Guy Carleton, Lord Dorchester, governor of the British provinces in North America, is at MiD: James McHenry Papers. McHenry informed Dorchester that “the provisions required, on the part of the U.S., by the [Jay] treaty … have been duly made by government,” that “detachments from the army of the U.S. are ordered to be put in motion to take possession of the posts to be evacuated,” and that Capt. Thomas Lewis “is authorised to receive from your Lordship, and to transmit to those detachments, a duplicate of the orders for their evacuation, and to concur in arrangments relative to this object if such concurrence shall be in any particular necessary.” A copy of the letter at CaOOA: Archives Reports 1891 gives 10 May as the date on the final version of the letter. For Dorchester’s response, see McHenry to GW, 27 June (second letter).
Attorney General Charles Lee wrote McHenry on this date: “I have added an authority to concur in arrangements in terms not limited to any particular object; because though I do not perceive any instance which shall require a concurrence, yet it is possible that such an instance may occur—It is qualified by adding ‘if it be necessary in any instance.[’]
“Unless some such authority be given and in some such way it is possible that Capt. Lewis will be the longer delayed in the execution of this business” (DLC:GW).
2. A draft of instructions to Lewis, dated May, is in MiD: James McHenry Papers. McHenry directed Lewis “to proceed to Canada with as much expedition as possible” and deliver the letter to Dorchester. After receiving the evacuation orders and Dorchester’s answer, Lewis was to “immediately return to Philadelphia. And as a detachment from West Point will be on its march to Oswego and Niagara you will endeavour to fall in with it on your route and provide the commanding officer with a copy of the orders.”
3. For Senate approval of this article on this date, see GW to the U.S. Senate, 5 May, and n.1 to that document.