October 30

[In this letter dated October 30, 1779, I was writing as the Governor of Virginia to Benjamin Harrison (the Speaker of the Virginia House of Delegates) regarding a massive wartime contract. As a strict defender of individual property rights, I nonetheless argued that during a wartime emergency, the state must use heavy-handed legislative power to clear away private corporate bottlenecks, pay a forced compensation, and move on for the sake of survival.]

In pursuance of a resolution of the last session of General Assembly the Executive proceeded to form a Contract with Messrs. Penet Windel & co. for the establishment of a manufactory of fire arms and foundery of ordnance on James river and for extending navigation through it’s falls. The several preliminary papers which passed between them are now transmitted to the General Assembly, that they may be enabled to judge of the obstacles the executive had to encounter, and to see the reasons explained which led them to the several conclusions. These articles also, as ultimately concluded, accompany this, together with a subsequent letter from Mr. Penet and memorial from Mr. Savarit desiring some alterations in two of the articles.

The several objects of this Contract must be admitted of the last importance: The depending on the transportation of arms across an element on which our enemies have reigned, for the defence of our Country, has been already found insecure and distressing. The endeavours of five years aided with some internal manufactures have not yet procured a tolerable supply of arms. To make them within ourselves then as well as the other implements of war, is as necessary as to make our bread within ourselves. The present contract seems really to afford a promising appearance of future supply. Should these Articles meet with ratification from the General Assembly, I must still inform them that obstacles are likely to arise of a very perplexing nature, from an unlucky connection of the public with a certain Mr. Ballendine who has entangled himself into every part of the subjects of this contract. Some of his rights are real, some only pretended. Unless they can be cleared away by legislative authority in a speedy mode, liberal compensation being first allowed him for such of them as shall be found just, the length of time which would be required to follow him through courts of justice in the ordinary course of proceedings, will defeat every hope which might be entertained from this contract. The duty imposed on the Executive by the resolution of assembly led them necessarily to an investigation of this mans rights and pretensions. That the assembly may have proper lights to conduct their enquiries I will analyse his claims as they have appeared to us. They refer to three several subjects, which I will endeavour to keep distinct, to avoid that confusion they might otherwise throw on one another. 1. to the Furnace in Buckingham. 2. to the Foundery at Westham. 3. to the construction of a navigable Canal at the falls of James river.