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Chase in Richmond in 1799, had been sentenced to nine months imprisonment, with a
fine of $200. This had been returned to him by Jefferson before the quarrel between
Callender and Jefferson. Adams, " History ", ."22.

* Dr. George Logan (1753-1821), a Pennsylvania Quaker, had gone abroad on his
own responsibility in June, 1798, to avert ttie threatening war with France, and re-
turned believing that he had persuaded the- French government to end the embargo on
American shipping. The Federalists procured the passage of the "Logan Act", Jan. 30,
1799, making it a misdemeanor for a private citizen to take part In any controversy
between the United States and a foreign country. At the time of this letter Logan
was a member of the Senate, in which he served from 1801 to 1807. Schouler, I, 426,
428, 438, 439. See also p. 443, note 2.



COEKESPONDENCE OP J. A. BAYARD, 1802. 149

two spells of sickness of the bilious kind, and has also been much
troubled by a tumour on her neck.

We are now engaged in a debate and I am obliged to take my
leave of you. Present me to the family.

Bayard to Andrew Bayard.

Washington, 26 Fehy. 1802.

My dear Andrew : I have reed, and thank you for the two letters
containing the certificates and order for 3 vols. Journals congress.
Your favor by the last mail I also received, but have at present little
more time than eno' to acknowledge the receipt. We are engaged
in the debate on the Judicial Bill and the Gentleman on the floor is
occupied [with] some observations I made some days ago.^ It is
no easy task to attend to him and write to you at the same time.

I enclose the names of the Com'ee on the Memorials of the Mer-
chants for indemnification for french spoliations.^

Mr. Pettits Memorial is now before the Secretary of the Treasury
to whom I very fortunately succeeded in having it referred.^ It is
impossible to express an opinion as to its fate, but a claim must be a
very clear one to have much chance in our House. Col. Pettit ought
to write to his friends on the other side of the House. Mr. Gallatins
report will no doubt have great influence. I shall certainly be dis-
posed to support the Justice of the claim.

The Bill to repeal the Judl. act of last Session I have no doubt will
pass our house by a large majority. The question I expect will be
taken tomorrow.''

I returned a few minutes ago from the wreck of Genl. Smith's^
carriage. The horses run off with it, Mrs. Smith, her daughter Betsy,
Mrs. Law*^ and Miss Spear being in it. The carriage was dashed

1 Joseph H. Nicholson (1770-1817) of Maryland, a member of the House 1799-1806.
"Annals ", 7 Cong., 1 sess., 798-814, 629-650.

2 This committee, appointed Feb. 5, consisted of Giles, Eustis, Mitchell, Lowndes,
Milledge, Tallmadge, Robert Williams, Davis, and Gregg. The petition from the
Pennsylvania merchants, concerning which Andrew Bayard had inquired, was referred to
the committee on Feb. 8. "Annals ", 7 Cong., 1 sess., 481, 488.

3 Col. Charles Pettit (1736-1806), the father of the partner of Andrew Bayard
had heen assistant quartermaster-general from 1778 to the close of the Revolutionary
War. His memorial, first presented ofl Jan. 1, 1796, requested payment of $96,666.66 as
due him through commissions on the transactions of the quartermaster-general's office.
It was referred to the Secretary of the Treasury, and the same course was taken when,
on Dec. 31, 1709, it was again presented. The Secretary's report, dated Mar. 26, 1800,
and the report of a committee of the House, adverse, will be found in " American State
Papers, Claims", 242-248. On Feb. 11, 1802. the memorial was once more referred to
the Secretary of the Treasury, hut later Bayard learned that this reference included but
part of the claim and he again caused it to be referred to the Secretary on Jan. 26,
1803. " Journal of the House ", 1797-1801, 547, 557, 643 ; 1801-1804, 95, 306.

* The bill for repeal was considered in committee of the whole House on Feb. 27
and on Mar. 1 ; on Mar. 2 numerous unsuccessful attempts were made to amend it, and
on Mar. 3 it was passed by a vote of 59 to 32. " Journal of the House ", 1801-1804,
109-119.

^ Gen. Samuel Smith of Maryland.

« Probably Eliza Parke Custis Law, granddaughter of Mrs. Washington, who had mar-
ried Thomas Law, brother of Lord EUenborough, in 1796.



150 AMEBIC AN HISTORICAL ASSOCIATIOJST.

all to pieces. Mrs. Smith is much injured. Mrs Law is badly-
wounded but no bones were broken. Miss Smith is dangerously hurt.
She has remained till this moment in a fainting condition and with
very feeble signs of life. Miss Spear escaped without injury.

Batard to Bassett.

Washington, 3 Mar. 1802.

My dear Sir : The closing of the mail allows me but a moment to
write to you. This day the Judicial Bill of last Session received its
death blow by the passage of the Senates act in our House, for its
repeal, without amendment, 59 agt. 32. . Dr. Eustis ^ of Boston was
the only man of the Demos who joined us. This day the constitu-
tion has numbered 13 years and in my opinion has reed, a mortal
wound.

Ann has taken the meazles. The eruption appeared this morning.
She is of course very sick, but not worse than could be expected.
Caroline is still well, but must take the disorder. I have not been
well and have been unable to attend the House to day, but am better
this evening from medicine I took. Love to all.

Bayard to Bassett.

Washington, 8 Mar. 1802.

My dear Sir: You have been informed by my letters that Ann
took the meazles, the beginning of last week. They have been quite
favorable. Slie was very sick for two days, but the disorder dis-
appeared the third and fourth and she is now rapidly recovering
her strength, tho she will be for some days yet confined to her room.
Caroline is still well, but she cannot escape the complaint.

The Bill repealing the Judicial law of last Session passed our
House by a very large majority. But one of the enemy came over
to us, Dr. Eustis of Boston. Notwithstanding the Party adhered
together, they were much shaken. They openly cursed the measure,
and if it had been possible for them to recede, they would have joy-
fully relinquished the project. But they had gone too far, and were
obliged to go through. I have no doubt it was the most ruinous
step they could have taken and such are the accounts we have from
the Southard.

I enclose j^ou a part of my speech which does not belong to the
question of repeal but is an answer to what Mr. Giles called his
preliminary observations.^

^ Dr. William Eustis (1753-1825) of Massachusetts, a member of the House from 1801
to 1805.

- Bayard's speech on the judiciary bill, delivered Feb. 20, 1801, and printed as a
pamphlet of wide circulation.



COEKESPONDENCE OP J. A. BAYAED, 1802. 151

Love to Mrs. B, jSIary and jMiss Garnet, and say something
pleasand and kind for me to my Boys.

Bayard to Bassett.

Washington, 10 Mar. 1S02.
My dear Sir: Ann is much better to day and progresses daily in
the recovery of her strength. Caroline has not yet taken the meazles,
but we cannot expect her to avoid them.

I enclose my argument on the first point of debate upon the Bill
to repeal the Judicial law of the last Session.

The Bill has been signed by the President, You will find it
within.

Bayard to Bassett.

Washington, 13 March, 1802.

Dear Sir: Ann has got quite well, and excepting a little wealaiess
has not a remnant of her complaint remaining, Caroline as yet
has not shewn a symptom of the meazles, tho we have been expecting
daily to see tlisir appearance.

I am heartily tired of Washington and wish the session at an end.
I do not think however that we shall get away before the Begin-
ing of May, We are just going to attend the funeral of Mr.
Hunter^ Delegate from the Mississippi Territory who died day
before yesterday. We have done very little since the fate of the
Judiciary was decided.

On ISIonday the question on the internal taxes will be taken up.
They will no doubt be put down,- The appropriation of 7200,000
dollars is a deceiptful thing, considered as furnishing a new fund for
the extinguishment of the public debt. And I have little doubt that
the revenue derived from tonnage and imposts will not be sufficient
to meet the wants of Government,

I enclose a paper containing some toasts which we have laughed
at more probably than you will do from a knowledge of their ap-
plication.

With great love to all and each of the family.

Bayard to Bassett.

Washington, 17 Mar. 1802.
Dear Sir : Ann has been entirely well for some days past, and goes
into company as usual. This however she has not done without the

^ Narsworthy Hunter.

•The bUl for repeal was passed Mar. 22. "Annals," 7 Cong., 1 sess., 1073.



152 AMERICAN HISTORICAL ASSOCIATION.

consent of her Physician. Caroline has yet shewn no symptom of the
meazles which has surprised us greatly and it is now doubtful
whether she will take them.

We have been employed lately in our House on the subject of
internal taxes. There is a Bill before us for the abolition of the
whole of them. It may fail in its present shape but finally will
succeed.

If you will send me a power of Atty I will receive for you the
interest on your stock. The old power will not do referring to time
only anterior to its date.

Our children and the family I hope are all well. Remember us
to them particularly.

Bayard to Caesar A. Rodxey.

Washington, Mar. 31., 1802.
[See " Bulletin " N. Y. Pub. Lib., IV, 228-229; "Papers Del. Hist.
Soc", XXXI, 3-4.]

John Adams to Bayard.^

QuiNCY, April 10th, 1802.
Dear Sir: I received your favor of the 19 March and am much
flattered by your kind recollection of me. Your speech which was
inclosed I had read in detached parcels in newspapers more than
once.^ I have now read it altogether and at once. I shall not take
the time to recollect enough of my Cicero and Quintillian to give a
critical dissertation and comparison of the various orations in both
houses on the great question, but this I will venture to say that
yours is the most comprehensive masterly and compleat argument
that has been published in either house and will have, indeed
according to all my observations and information has already had
more effect and influence upon the public mind than all other pub-
lications on the subject. It might have been more perfect however
if the triple alliance of original opposers of the constitution, the
British debtors and Frenchified jacobins had been developed and
shewn to have embarassed and obstructed the Administration for
twelve years. I should have a great deal to say if an}^ thing I could
say would not do more harm than good. This I will say however,
that I believe by this time, some persons are convinced of the solidity
of what once was taken for flight. "Ambition avarice and revenge
will snap the strongest cords of our constitution as a whale goes
through a net." I have the honor to be with great and sincere
esteem your obliged and obedient Servant.

1 From the papers of Mrs. W. S. Hilles.

2 Bayard's speech on the judiciary bill.



i



coeeespondence of j. a. bayaed, 1802. 153

Bayard to Hamilton.

Washington, Apr. 12, 1802.
[See Hamilton, "Works of Hamilton", VI, 539-540.]

Bayard to Rodney.

Washington, Apr. IS, 1802.
[See "Bulletin" N. Y. Pub. Lib., IV, 229; "Papers Del. Hist.
Soc", XXXI, 4-5.]

Bayard to Bassett.

Washington, 19 April 1802.

My dear Sir : We have been occupied to day in considering a new
judicial Bill from the Senate.^ You have probably seen the leading
features of it. One provision postpones the spring Session of all
the Circuit Courts and exempts you from further duty while you
continue in office. This provision I think will be carried as the
principle was adhered to after a discussion.

We may probably adjourn by the 1st May, I apprehend not before.
It is not yet in my power to say anything on the subject of the con-
duct which ought to be pursued by the Judges in consequence of the
late repealing act. A general arrangement will be attempted before
we separate. It is not descrete to say more at present.

Mons. Pichon - told me he designed to ask a loan of a Million
from the Government. I expect it before us every day. He said
the french fleet were expected hourly on our coasts.

Caroline has been sick lately but is again quite recovered. Ann
has very good health. My Love to Mrs. B. Mary and children.

Bayard to Hamilton.

Aj^ril 25, 1802.
[See Hamilton, " Works of Hamilton ", VI, 543-545.]

Bayard to Bassett.

Wilmington, 6 May 1802.
My dear Sir: We arrived here yesterday from Washington, and
intend tomorrow or next day to proceed to Dover. Harry has just

1 This bill came from the Senate Apr. 9. It dispensed with judges of the circuit
grade and provided for the holding of circuit courts by district judges and judges of the
Supreme Court. Bayard spoke on the bill on Apr. 19, and again on Apr. 23, on which
day the bill was passed by a vote of 46 to 30. "Annals ", 7 Cong., 1 sess., 1160, 1205,
1232-1236.

* Louis Andre Pichon, charge d'affaires of France 1801-1805.



154 AMERICAN HISTORICAL ASSOCIATION.

handed me your note of this morning and I regret you did not exe-
cute your design of a visit to Wihnington. I send you a copy of the
hxws of tlie late Session relative to the Judiciarj'^ printed by order
of the House of Representatives.

I must refer as to my oj^inion of their operation on the powers of
your Court to a speech I made on the third reading of the last law,
which was printed a day or two ago in Bronsons paper.^

I have a hundred dollars for you which I received u]3on your stock
for interest. The transfer you made of the capital and which was
not mentioned, put me to a good deal of trouble, before I ascertained
the fact. I discovered by accident however a small Certificate for
about 80 dollars which you had lost sight off, which belongs to you.
There is some interest still due to you payable at the Bank of the U.
States, which it will be proper for you to apply for while in the city.
It is from the spring of '99 till they began to pay the interest in
Washington. Ann and Caroline are well and send you their love.

Bayakd to Andrew Bayard. '

Newcastle, 8 Nov. 1802.

My dear Andrew: Having had no access to the Post in Wilming-
ton I did not receive your letter of the 13 ult. till 3'esterday. The
last month I have been on the circuit, and I have not considered it as
safe to direct my letters to follow^ as the arrangements in the small
post offices are extremely loose.

I feel only in common with others as to the event of our late elec-
tion.^ I had grown perfectly tired of the legislative character, and
should not have been a candidate at the last election, but from the
doubtful aspect which it presented, and a desire to facilitate the exer-
tions of the Federalists wdio were struggling to resist and if possible
to turn the encreasing torrent in the State. AVere I desirous of re-
maining in public life our Majority in the Legislature would render a
place in the Senate perfectly secure. I think how^ever I am done,
not that I despair of the Eepublic, but I am persuaded that the
people cannot be reasoned out of their folly and that they must be
left to feel the evils now generating, before they will open their ears
to any thing said against their present opinions.

In the case of Summerl and Brown,^ agt. Blight I am concerned
for the Plffs. My engagement to them in the particular suit was

1 The Gazette of the United States, edited by Enoa Bronson ; the speech was made
April 23, 1802. See "Annals ", 7 Cong., 1 sess., 1232-1236.

2 Of this election Samuel White wrote to Outerbridge Horsey on October 8, " The
Democracy of Delaware has done its utmost — it has trampled on tallents and merrit
and disgraced our State — Bayard is beat and that too by only fifteen votes — R[odney]'
majority in N[ew] G[astle] was 957. Bayard in this county had 219 and in Sussex it
seems 723. We are down — -the irishmen of N. C. are to govern Kent and Sussex."
Turner, " Records of Sussex County ", 309.

3 Summerl and Brown were I'hiladelphia merchants.



COEEESPONDENCE OP J. A. BAYAED, 1802. 155

before your application generally for the assignees. However there
is no impropriety^ in my saying on such a point, that you will be.
perfectly in time if Blight is surrendered within six months from
this time.

I will attend to the Debenture, and apply for the money as soon as
I see Mr. McClane or his Depy.

Our Circuit will continue till Xmas and I shall be in motion till
that time.

You are enformed of the birth of a third son. " In the language of
the nurses a fine boy. He is to be called Ennalls,^ in hopes that the
name may be serviceable to him.

My family are at present at Bohemia but I expect they will return
by the end of a week to Wilmn.

Present me affectionately to cousin Sally.

Bayard to Andrew Bayard.

Wilmington, 27 Deer. 1802.

My dear Andrew : Having finished the campaign of the law I am
now preparing for that of Congress. If any time had been allowed
me in this interval it would have given me great satisfaction to have
visited your city. But circumstances deny me this pleasure and I
go to immirse myself for two months in vain drudgery about the
wretched politicks of the day, in the dull seclusion of Washington.

If the winter is to pass as disagreeably as the last, which is ex-
tremely likely, if it depended on my election, it should be blotted ou4
of the calender of my life. It will be an alleviation, should circum-
stances enable me to make any useful communication to you, and
especially if you will allow me to hear from j^ou occasionally.

I wrote some days ago to the Watsons for cloathes, will you do
me the favor to ascertain if they are done, and if so forward them by
some safe convej^ance. I have fixed my departure for W. on Fri-
day, and I should not like to be detained longer on so small an ac-
count, tho it would be very inconvenient and unpleasant to pro-
ceed without articles of the first necessity. I shall trust to your at-
tention to this little service.

I believe I accounted to you for the delay in receiving the money
on your Debenture sent to me to collect. It did not come into my
hands for a long time, and after it was reed, it was not in my power
to see the Coir, till I was called away on the circuit. Mr. Hayes ^
informs me the money was remitted.

1 Richard Bassett had married Ann Ennalls of Dorchester County, Md., a sister of
Henry Ennalls and a niece of Judge Ennalls. This family connection was evidently the
source of the name. Pattison, Life and Character of Richard Bassett, " Papers of the
Delaware Historical Society ", XXIX, S.

sjohn Hayes, cashier of the Bank of Delaware at Wilmington.



156 AMERICAN HISTORICAL ASSOCIATION.

My Sister^ spends the winter in Wilmington and as well as
Mrs. B. enjoys very good health. They beg to be presented affec-
tionately to Cousin Sally. You know very well their regard for
yourself. If you would consent to come down with Mrs. B. and if
that be impossible without, I Avill very chearfully take a longer holi-
day from Congress. Let me hear from you.

Bayard to Andrew Bayard.

Washington, 19 Jany. 1803.

My dear Andrew^: I enclosed you a few days ago the report of
the Com'ee of Commerce and Manufactures on the subject of the
discriminating duties.- It is the order of the day for Monday
next. No vote has yet been taken which enables us in any degree to
ascertain the sense of members on the subject. I wish you would
be so obliging as to point out the practical objections to the measure.
The exercise of trade enables you to perceive many things which
would escape an abstract view of the subject.

I had this morning a conversation with Mr. Gallatin relative to
Mr. Pettit's claim.^. As to a part of the claim the difficulties which
embarrassed the former Comptroller have been overcome by the
jjresent. This part of the claim will be allowed at the Treasury
without resorting to Congress. The Principal and interest will
probably exceed five thousand dollars. I find that a reference made
last Session of the whole of Mr. Pettits claim by a mistake of the
clerk was confined onlj^ to part. I shall endeavour to obtain at
some fit moment, a new reference of the subject to the secretary,
tho he informs me he will not be able to report upon it before next
Session.

Mr. G. mentioned that the money would be ready in a few days
for Mr. P. and that he would write him when the affair was finally
arranged.

We have been closetted here several times, but on business of no
importance. It is my opinion that the administration mean to do
nothing upon the Mississippi subject, this Session.

Mr. Monroe is here and it is said is making arrangements to
embark upon his missions.* He is to jemove all difficulties by gentle
words.

We are now discussing the subject of dry docks, to be established
at this place. The plan I think will be adopted.

1 Jane Bayard. Andrew Bayard also had a sister Jane.

2 "Annals ", 7 Cong., 2 sess., 347-351.

3 See p. 149, note 3.

* Monroe had been appointed on Jan. 11, to join Livingston and Pinckney in Paris,
in order to secure the rights of the United States on the Mississippi, with power to treat
both with France and Spain. " Sen. Ex. Journ.", 17S9-1S05, 431-432.



CORRESPONDENCE OF J. A, BAYARD, 1803. 157

My letters are generally written while I am attending to debates
and not always as correct and consistent as they ought to be.

Recommend me to Cousin Sally.

I should write to Mr. Pettit, if it were not that I have communi-
cated to you the information which is material to him.

Bjiyard to Andrew Bayard.

Wilmington, 22 July^ 1803.

My dear Andrew : Since I left Congress different avocations have
allowed me but a few days [residence at a time] in Wilmington.

Shortly after the c[ir]cuit terminated, which was not till the be-
ginning of June, I had occasion to pay a visit to Dorchester County,
in Maryland, in order to assist in the arrangement of the property
of a Deceased Uncle of Mrs. B.'s who had left her by his will a very
handsome estate on the river Choptank near Cambridge.^ We
were absent upwards of four weeks and returned home about 10
days ago. You will see in these circumstances an apology my dear
Andrew for my not having answered the obliging and affectionate
letter you wrote me some weeks ago, I was much touched with the
sympathy you expressed in the death of my poor little Infant.
There are few events of life of deeper affliction and none under
which the tender concern of a friend can afford more solace. I hope
a fortunate destiny will ever exempt you from the distress attending
such an event. Mrs. B. is recovering her spirits which were not
strong enough for the stroke they received and were almost broken.
Our excursions from home and the exercise of travelling have nearly
restored to her, her former chearfulness of temper.

My Sister Jane is at present in Dorchester with [Mrs. Ennalls and
projbably will remain v/ith her the ensuing winter. She enjoys very
good health and no symptom of her former unhappy malady has
ever appeared since her conversion to Methodism. The religious
attribute her disorder to a religious cause, which a more correct and
firm faith than that which she entertained while belonging to
another sect, has entirely and radicall}^ removed. I believe the cure
has been effected by religion, but in a manner no ways miraculous.
I thank God however for the cure, and my gratitude for the act
of his Providence will never be abated by doubts as to the manner
of its operation.

It would give me great pleasure to see you either here or in
Philadelphia. It is not in my power to visit your city at this

1 This was on the Eastern Shore of Maryland, half-way down Chesapeake Bay, and
was known as Tastes Bank. By the will of Mrs. Bayard's uncle Henry Ennalls, dated
July 12, 1791, his property after the death of his wife wa's to go to his niece Ann Bassett
Bayard, and a deed of June S, 1S03, executed by Sarah Ennalls, widow of Henry, conveys
this property to James A. Bayard and wife. For this information I am Indebted to Mr.
Richard H, Bayard.



158 AMERICAN HISTORICAL ASSOCIATION.

moment. I have only the next week to stay at home before I go to
the Court of appeals at Dover. How long I shall be absent at
present I cannot tell. But I fear before my return you will be
visitted by your cruel enemy who has so often ravaged your [city
and put the] Inhabitants to flight. Should the fever appe[ar in]
this Town I shall go to the manor.^ Can't you contrive with
Cousin Sally to come and see us the ensuing week? You know how



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