Papers of John Adams, volume 20
Being on a circuit of our Superior Courts, & finding a Vessel ready to sail for New-York, I embrace the occasion of congratulating your zeal on the effectual opperation of the federal Government. Its quick progress to its present stage is a phenomonen in the history of mankind. But in such new and perplexed concerns a perfect combination of the various parts cannot be expected; and it is a problem which experience only will solve, whether some parts of the proceedings of the first Session of the National Congress will not be found to have exceptions. To me it appears that the Judiciary system is too ponderous, expensive and unwieldy; and its iron teeth too frightful for the condition of the Southern States.1 It is too unqualified. The right of the writ of Capias ad Satisfaciendum in the first and last instance, under our circumstances, and without any bankrupt provision, will, I fear, produce much uneasiness. Should the british debts be entirely and at once sued for from Virginia inclusive South, the consequences would be ruinous. That these debts remained so heavy is ascribable to the depredations of the War; and I ever thought ought to have been made an object of national consideration. With respect to this State I dont think we are affected, as those debts were confiscated prior to the Treaty of Peace; and all acts of confiscation already passed were recognized and confirmed by the Treaty. In another capacity I was called upon to give an opinion on this ground last year; and the state of facts made on that occasion I will do myself the pleasure to enclose to you, & shall be particularly obliged by any observations you shall see fit to make there upon.2
The principle of the general Representation in the national Government being according to numbers, this State has lately adopted a 226 measure to encrease hers, by disposing of a part of her vacant territory to three private Companies.3 This measure will, no doubt, be ascribed to other motives by some: but, although I was not a member of the legislature, I am well assured & believe that the true ground of the act was what I have mentioned. While human nature continues the same, Governments will always act from a sense of its own Interest and aggrandisement.
I did myself the pleasure to write to you some little time since from Augusta; and the sentiments then expressed will always continue to govern me.4 I am full of zeal for the prosperity of the United-States; and I am the servant of this state.
Colonel Gunn requests that this letter should be the Vehicle of his respects to you; & that I would add that he is extremely anxious to be with you: but that he was under the necessity of attending the court now sitting. In Schermehan he will certainly sail.5
With great & sincere respect & Esteem, I have the honor to
be, Sir, / Your mo. Ob. Servt.
RC (Adams Papers); addressed: “His Excellency, / John Adams; / New-York—”; endorsed: “George Walton / 20 Jan. 1790.” Filmed at 20 January.
Although the Judiciary Act of 1789 recognized state jurisdiction
over common law, it mandated that the U.S. Supreme Court could rule that a state law
was unconstitutional—a form of judicial power that met with resistance in the southern
states. Specifically, Walton referred to the second article of the Process Act of
1789, which permitted defendants to be jailed until their debts were paid in gold or
silver. This provision disadvantaged debtors in the southern states, where specie was
scarce and prewar debts to British creditors lingered (Abernethy, The South in the New
Nation
, p. 38;
Doc. Hist. Supreme Court
, 4:108–109, 114–115,
179).
Enclosure not found.
The Georgia legislature passed the Yazoo Act on 16 Dec. 1789,
selling over 25 million acres, which make up modern-day Alabama and Mississippi, to
three groups of private speculators. The South Carolina Yazoo Company purchased 10
million acres for $66,964; the Virginia Yazoo Company bought more than 11 million
acres for $93,741; and the Tennessee Yazoo Company acquired 4 million acres for
$46,875. Georgia lawmakers gave the companies two years to pay, further requiring them
to secure the territory and remove Native American claims to the land. But the massive
sale fell through after the legislature stipulated on 11 June 1790 that the state
treasury would accept payment only in gold, silver, or paper money issued after 14
Aug. 1786 (George R. Lamplugh, Politics on the Periphery:
Factions and Parties in Georgia, 1783–1806, Newark, N.J., 1986, p. 67–68,
71).
Of 7 Nov. 1789, above.
The sloop Jenny, Capt. Cornelius
Schermerhorn (1756–1826), sailed from Savannah, Ga., on 1 April 1790 and reached New
York on 11 April. Sen. James Gunn took his seat in Congress two days later (Georgia Gazette, 1 April; New York Evening Post, 25 March 1826; New-York Journal, 15
April 1790;
First Fed. Cong.
, 1:284).