The idea of separating the executive business of the confederacy from Congress, as the judiciary is already, in some degree, is just and necessary.  I had frequently pressed on the members individually, while in Congress, the doing this by a resolution of Congress for appointing an executive committee, to act during the sessions of Congress, as the committee of the States was to act during their vacations.  But the referring to this committee all executive business, as it should present itself, would require a more persevering self-denial than I suppose Congress to possess.  It will be much better to make that separation by a federal act.  The negative proposed to be given them on all the acts of the several legislatures, is now, for the first time, suggested to my mind. Prima facie, I do not like it.  It fails in an essential character; that the hole and the patch should be commensurate.  But this proposes to mend a small hole, by covering the whole garment.  Not more than one out of one hundred State acts, concern the confederacy.  This proposition, then, in order to give them one degree of power, which they ought to have, gives them ninety-nine more, which they ought not to have, upon a presumption that they will not exercise the ninety-nine.  But upon every act there will be a preliminary question, Does this act concern the confederacy?  And was there ever a proposition so plain, as to pass Congress without a debate?  Their decisions are almost always wise; they are like pure metal.  But you know of how much dross this is the result.  Would not an appeal from the State judicature to a federal court, in all cases where the act of Confederation controlled the question, be as effectual a remedy, and exactly commensurate to the defect.  A British creditor, for example, sues for his debt in Virginia; the defendant pleads an act of the State, excluding him from their courts; the plaintiff urges the confederation, and the treaty made under that, as controlling the State law; the judges are weak enough to decide according to the views of their legislature.  An appeal to a federal court gets all to rights.  It will be said, that this court may encroach on the jurisdiction of the State courts.  It may.  But there will be a power, to wit, Congress, to watch and restrain them.  But place the same authority in Congress itself, and there will be no power above them to perform the same office.  They will restrain within due bounds a jurisdiction exercised by others, much more rigorously than if exercised by themselves.

I am uneasy at seeing that the sale of our western lands is not yet commenced.  That valuable fund for the immediate extinction of our debt will, I fear, be suffered to slip through our fingers.  Every day exposes it to events, which no human foresight can guard against.  When we consider the temper of the people of that country, derived from the circumstances which surround them, we must suppose their separation possible, at every moment.  If they can be retained