Thomas Jefferson to the Virginia Delegates in Congress, 15 March 1781

Governor Thomas Jefferson sent this letter to the Virginia delegates in Congress requesting that they work with Simon Nathan (1746 — 1822) to identify lawyers from other states who could act as arbiters between Virginia and Mr. Nathan. The need for arbitration resulted from Nathan's acceptance of bills of exchange originally used by Virginia military leaders in the Northwest Territory to purchase supplies. After Nathan sought payment, a dispute arose as to whether the debt should be repaid in silver or paper money. The two sides agreed to arbitration. Jefferson's letter included opinions on the matter by chancery court judges, Edmund Pendleton and George Wythe. The version of the letter printed in the Official Letters of the Governors of the State of Virginia does not include the opinions, but they were printed in the Journal of the House of Delegates for Saturday, June 21, 1783.

Letter text

The Honble Virginia Delegates in Congress

In Council March 15^th 1781.

Gentlemen

A Difference of opinion having taken place between the Executive of this State and M^r Simon Nathan as to the rate at which certain Bills of exchange should be discharged in paper money we have agreed with him to refer it to such Gentlemen of Knowledge in the Laws of established Character & of any other State as yourselves shall mutually agree on with him. Their award shall be performed by the State, which means to stand in the place as well of the Drawer as Drawee. M^r Wilson & M^r Serjeant had been consulted by M^r Nathan.

I inclose to you M^r Pendleton’s and Wythe’s Opinion. You will be pleased to observe that the State of the Case requires from M^r Nathan actual proof that he took up the Bills at par. M^r Nathan having agreed with us all the facts as stated, I am to suppose nothing contrary to them will be received, as his Signature here was omitted perhaps it would be best for you to require it before submission. It is not our Desire to pay off those Bills according to the present Depreciation but according to their actual value in hard money at the time they were drawn with Interest. The State having received value so far as it is just it should be substantially paid. All beyond this would be plunder made by some person or other. The Executive in the most candid manner departed from the advantage which their Tender law gave them in the beginning. It seems very hard to make this the means of obtaining an unjust Gain from the State.